Court : Kolkata
Reported in : (2001)1CALLT231(HC),2001(1)CHN259
..... section or shall of his own motion take steps to revise any entry, if an appeal against an order passed by a revenue officer on any objection made under sub-section (1), has been filed before the commencement of the west bengal estates acquisition (second amendment) ordinance, 1957, before a tribunal appointed for the purpose of this section, and notwithstanding anything in this section, any such appeal may continue and be heard and disposed of as if the ..... by the state government may [on application within nine months, or of his own motion within [thirty-five years] from date of final publication of the record-of-rights or from the date of coming into force of the west bengal estates acquisition (second amendment) ordinance, 1957, whichever is later, revise an entry in the record finally published in accordance with the provisions of sub-section(2) after giving the persons interested an opportunity of being heard and ..... the provisions of this section shall not apply to any land to which the provisions of the calcutta thika tenancy (acquisition and regulation) act, 1981 (west bengal act xxxxvii of 1981) apply. ..... whangarei high schools board [1973]1 all er 400, [1973] ac 660) to have regard to all the circumstances of the case :'there are, in my view, no words which are of universal application to every kind of inquiry and every kind of domestic tribunal ..... sido kanhu university, reported in : (1999)illj200sc , b.k ..... rice down to the decision of their lordship's board in ceylong university v .....
Tag this Judgment!Court : Kolkata
Reported in : (1989)2CALLT379(HC),94CWN233
..... by the state government, that the petitioners are not entitled in law to have any opportunity to show cause against the allegations levelled against them, that the provision of section 553 of the bengal municipal act by necessary implication excluded the application all the principles of natural justice and that the impugned orders seeking to supersede the commissioners of the berhampore municipality without giving the petitioners the opportunity of being ..... down the principles that the rule of audi alteram partem has to be followed in the case of supersession of the municipality even an emergency the learned judges were not laying down any principle of universal application and that other statutes providing for speedy action to meet emergent situation may will be construed as excluding the principles of audi alterant partem. ..... the above five bench judgment of the supreme court could not at all have been relevant and only because the three bench judges of supreme court in : [1981]1scr746 did not consider the five bench judgment of radheshyam khare's case then i am unable to agree with the learned advocate-general that the judgment in s. ..... he, therefore, submits that this court should not rely on the decision of : [1981]1scr746 which is a bench decision of supreme court consisting of three judges and when the learned judges in : [1981]1scr746 did not at all take into consideration the five bench judgment of supreme court in radheshyam khare's case then in view of the principals laid .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)1CALLT588(HC)
..... mohammed yawoob, reported in 1982(2} clj 143, wherein it was observed that if in a suit, a question as to the applicability of the provisions of section 5 of the 1981 act is raised, then the court should frame an appropriate issue in that regard after giving the plaintiff an opportunity to add the state as a defendent in the suit, and, thereafter, dispose of ..... the state of west bengal & others, reported in 1981(1) chn 254, wherein while considering the provisions of the west bengal land reforms act, 1955, wherein there are provisions similar to those with regard to the jurisdiction vested in the authority in the 1981act, it was observed that the revenue officer had to proceed on the basis of the ..... universities act ..... our view, will not have any application to the facts of this case, inasmuch as, the thika controller, howrah, acted without jurisdiction in passing the impugned orders.we, therefore, have no hesitation in allowing the appeal.the appeal is, accordingly, allowed ..... been recorded in the revisional settlement record-of-rights as thika tenanted lands, and, therefore, came under the purview of the calcutta thlka and other tenancies and lands (acquisition and regulation) act, 1981 (hereinafter referred to as 'the said 1981 act').7. ..... judge on 10th may, 1999, dismissing the appellant's writ petition on the ground that an alternative remedy under section 13 of the calcutta thika and other tenancies and lands (acquisition and regulation) act, 1981, was available to the petitioner.3. .....
Tag this Judgment!Court : Kolkata
Reported in : (2006)2CALLT631(HC),[2007(112)FLR1099],(2007)ILLJ166Cal
..... it has been alleged by the respondents that the petitioner on 25th july, 1969 instructed one khageshwar burman, an employee of the north bengal university to withdraw money from the savings bank account of one sri santosh kumar ganguly and thereby tried to or attempted to commit fraud. ..... santosh kumar ganguly from the savings bank counter of the said bank and thereafter presented letter of withdrawal alongwith the said pass book to the savings bank counter through the said employee of the north bengal university with an intention to defraud the bank.4. ..... it is true that this court cannot act as an appellate authority over the enquiry officer but at the same time, this court should also examine whether the charges levelled against the petitioner have been established before the enquiry officer beyond .....
Tag this Judgment!Court : Kolkata
Reported in : 2005(2)CHN468
..... it is next alleged that the petitioner showed the librarians as teaching staff in the college prospectus and the teachers' attendance register and in the teachers' council in violation of the calcutta university act, 1979 and continued to do so notwithstanding a warning dated 3rd july, 2003 from the president. ..... resolutions of governing body meetings and distortion in presentation of facts to other authorities; (4) violation of extant norms and rules of calcutta university during the years 2002-2003 and 2003-2004; (5) dereliction of duty as center-in-charge for the university examinations of the year 2003; (6) tampering of official records and false statements to enquiry teams sent by calcutta university; (7) motivated malicious and partisan treatment towards certain teachers of the college with a view to denigrating and harassing them ..... unfortunately, the statutory safeguard against arbitrary suspension and/or disciplinary action, available to the headmaster of a school affiliated to the west bengal board of secondary education under rules 28(9) (viia) and 28(8) of the rules for management of non-government institutions (aided and unaided), 1969, (hereinafter referred to as the 1969 rules) is not available to the principal of a college.19. ..... nargesh meera, 1981(ii) llj 314 and d.s. .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(3)CHN766
..... but after the coming into operation of 1981 act, the landlord is required to prove the ground of eviction as provided in the west bengal premises tenancy act and consequently, the earlier suit including the appeal or execution proceedings arising out of proceeding for eviction of a bharatiya has stood abated ..... anita pan reported in : [1975]2scr774 , while upholding the legislation of incorporation of section 13(3a) of the west bengal premises tenancy act, 1956 with retrospective effect as valid, having permitted the landlords to amend the plaint by incorporating of the amended pleading in terms of the amended provision of the act and having held that the suit should be deemed to have been instituted on the date of filing the amended pleadings instead of dismissing the suit, ..... section 19 of the calcutta thika tenancy (acquisition and regulation) act, 1981, all the proceedings for eviction of a bharatiya by a thika tenant has abated and therefore, the decree passed by the learned trial judge has become a nullity in view of the coming into operation of the act of 1981 during the pendency of these appeals.8. ..... the provisions contained in section 19 of the calcutta thika tenancy (acquisition and regulation) act, 1981, is clearly attracted to the facts of the present case. ..... suit, the plaintiff came up with an application for amendment of the plaint thereby praying for amendment of the plaint in terms of the decision of a division bench of this court in the case of universal trading co. v. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1993Cal249
..... the division bench held that section 156 of the calcutta improvement act, 1911 was not of universal application and the said provisions applied to certain kind of suits not to all suits against the authorities mentioned in the said provision ..... it is to be noted that the work as per the work order dated april 30,1981 was to be completed within 18 months from the date of the work order i.e. ..... in the said case it was held that section 156 of the calcutta improvement act contains provisions almost similar to section 538 of the calcutta municipal act, 1923, section 535 of the bengal municipal act, 1932 and section 586(1) of the calcutta municipal act, 1951. ..... according to the plaintiff's witness, the two drawings supplied respectively of 22nd may, 1981 and 6th september, 1982 were not sufficient. ..... the plaintiff wrote a letter dated 16th july, 1981 asserting the plaintiffs point of view in the matter ..... by letter dated 14th july, 1981, the defendant stated that the prayer regarding the mode of measurement of silver sand for filling of tanks has been discussed in the works committee which was held on 9th july, 198 ..... on 22nd june, 1981 the defendant intimated that taking of pre-work level of the two tanks would commence on 25th june, 1981 that is the tank at 42, bediadanga 2nd lane and at no. 70, r. ..... by letter dated 25th may, 1981, the plaintiff made a suggestion that the two ponds, jheels should be filled with sand because sand is almost incompressible and settlement in sand takes place .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2001Cal213,(2001)2CALLT445(HC)
..... the said supreme court of judicature, at fort william in bengal, full power and authority to take cognizance of, hear, examine, try and determine all causes, civil and maritime, and all pleas of contracts, debts, exchanges, policies of assurances, accounts, charter parties agreements, loading ..... , or ports, creeks, harbours, and places overflown, within the ebbing and flowing of the sea, and high-water mark, within, about, and throughout the said three provinces, countries of districts, of bengal, bihar and orissa and all the said territories or islands adjacent there unto and dependent thereupon, the cognizance whereof both belong to the jurisdiction of the admiralty, as the same is used and exercised in ..... follows: 'and it is our further will and pleasure, and we do hereby grant ordain, establish, and appoint that the said supreme court of judicature at fort william in bengal, shall be a court of admiralty, in and for the said provinces, countries, or districts, of bengal, behar and orissa, and all other territories and islands adjacent there unto, and which now are, or ought to be, dependent thereupon and we do hereby commit and grant to ..... hon'ble supreme court in order to explain maritime made a reference to the supreme court act, 1981 [hereinafter called sca1 an act of british parliament. ..... laid down for universal application. 73. .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(3)CHN328
..... permission of 'lay out' application under section 193 of the west bengal municipal act (hereinafter referred to as 'the said act') for installation of 132/220 kv switching-cum-substation for augmentation ..... the hon'ble first court suo motu raised the point of application of section 2(k)(i) of the factories act, 1948 admittedly, without any plea or pleading or even submission made by any of the parties before his ..... the decisions cited on behalf of the appellant reported in : (1972)iillj130sc (supra) and 1981 lic 1678 (supra) have no application in the facts and circumstances of this case.35. ..... advocate appearing on behalf of the appellant drew our attention to section 102 of the 1979 act and contended that the municipality is entitled to impose levy for developing the land in ..... for power industry meaning has been given under section 2(k)(iii) of the factories act, 1948 which is generating, transforming and transmitting, 'or' is disjunctive, as held ..... manufacturing process' to be read as 'disjunctively' in applying section 2(k)(iii) of the factories act, 1948 in the context of the said 1979 act for the purpose of construing/interpreting the words 'manufacturing process'.14. ..... it appears to us that the definition of' manufacturing process' as defined under the factories act, 1948 as specifically stated in section 2(k) for different categories of goods and the different meanings of the word 'manufacturing process' is given under the ..... (3) all er 141 chief constable of the north wales police v. .....
Tag this Judgment!Court : Kolkata
Reported in : (2002)2CALLT367(HC),2002(4)CHN49
..... should be sent to the tribunal as the suit property is a thika tenancy property in respect of which the tribunal has the exclusive jurisdiction to adjudicate the disputes and applications relating to matters under any provision of the west bengal thika tenancy (acquisition and regulation) act, 1981 (the '1981 act' for short) which is one of the specified acts as defined in section 2(r) of the west bengal land reforms and tenancy tribunal act, 1997 (the '1997 act' for short).8. ..... but none of the five decisions is applicable to the facts of the present case as the provisions of the west bengal land tenancy and tribunals act, 1997 which came into force during the pendency of the second appeal now before this court does not authorise the tribunal to entertain the suit before this court, for specific performance of contract to ..... although the 1981 act is a specified act, the enforcibility of the right of pre-emption as contained in the deed of partition amongst the plaintiff /appellant and his co-sharers cannot be said to have arisen out of a dispute or an application relating to land reforms and other matters arising out of any provision of the 1981 act or of any other specified act. ..... bhuiya submits that under the provisions of section 5 of the 1981 act, lands comprised in thika tenancies vested in the state w.e.f. .....
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