Court : Kolkata
Decided on : Jan-06-2005
Reported in : AIR2005Cal178
..... of possession and the defendant in violation of the order had come to possession in respect of the suit land and in that event the plaint should have been amended and the plaintiffs should have deposited additional court-fees for the purpose of recovery of possession.23. mr. banerjee submitted further that in view of his aforesaid ..... .' '(17). it is quite apparent that the' appellant knew that the pltffs. were making the purchase for, the purpose of building a house there. the fact is patent, because the land which was purchased had been developed by the improvement trust for the purposes of providing building sites. the area so purchased was small, 2 cottas and ..... on the wakf commissioner is mandatory and the commissioner of wakf should have been made party in view of the act that this is a wakf property, (4) since the defendant is in possession the suit should have been amended and recovery of possession should have been prayed for and accordingly the court-fees of higher value i.e. .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-07-2005
Reported in : 2005CriLJ3276
..... not by a judicial magistrate. section 36 of the act deals with constitution of special courts under the act. section 36d(1) of the act provides inter alia-that any offence committed under this act on or after the commencement of the narcotic drugs and psychotro-pic substances (amendment) act, 1988, until a special court is constituted under section ..... instant case not having been allowed by the learned trial court, the impugned order whereby the petition filed by the petitioner has been rejected suffers from patent illegality warranting interference of this court in revision. mr. ghosh has sought to argue that the prosecution has to produce all their witnesses and their documents ..... bureau, eastern zone unit, has vehemently opposed the above noted contentions of mr. ghosh. he has drawn my attention to the relevant provisions of the act and urged that the procedure for trial of sessions cases as prescribed under chapter xviii of the code of criminal procedure should be followed in the instant .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-12-2005
Reported in : 2006(4)CHN609
..... because otherwise the intendment of the legislature will be defeated and the class of tenants for whom the beneficial provisions were made by the ordinance and the amending act will stand deprived of them. we may only refer, to two decisions of this court on this aspect of the matter. in govindal chhagganlal patel ..... parte award passed by the learned tribunal is tenable in law or not.38. when deciding the first question section 15 of the industrial disputes act, 1947 (west bengal amendment) is quoted hereinbelow:15. duties of labour courts, tribunals and national tribunals.-(1) where an industrial dispute has been referred to a national tribunal ..... gupta : [1985]3scr825 , this court, dealing with a similar provision for striking out of defence in section 11a, bihar buildings (lease, rent and eviction) control act, 1947, referred to govindlal chhagganlal patel's case (supra), and held as follows:applying this well-recognised canon of construction the conclusion is inescapable that the word ' .....
Tag this Judgment!Court : Kolkata
Decided on : May-19-2005
Reported in : 2005(4)CHN664
..... proceed with the suit against the defendant. the plaintiffs are granted two months' time to make such election by way of an application for amendment upon which the suit of the remaining plaintiffs against the defendant will stand dismissed on the ground of multifariousness. it will, however, be open ..... trial judge amounts to a judgment within the meaning of the letters patent. in the said decision the guidelines which are framed by the hon'ble supreme court are as follows: '(1) an order granting leave to amend the plaint by introducing a new cause of action which completely alters ..... and cannot attract the provisions laid down in order 2 rule 3 of the cpc. it is further submitted that each of the respondents acted separately and independently with the appellant/petitioner. he further submitted that the transactions are separate. the respondents issued separate notices in respect of their ..... stay of the operation of this order and accordingly we grant a stay of this order till 16th july, 2005. .....
Tag this Judgment!Court : Kolkata
Decided on : May-16-2005
Reported in : (2005)3CALLT167(HC)
..... of the plaint annexed to the petition that the suit was for declaration and mandatory injunction. in the original plaint there appears as many as eight prayers and after amendment another prayer namely c/(i) has been incorporated. declaration as sought for is as regards the absolute ownership of the truck in question being no. wmk 6729 which ..... took possession of the car. it is admitted by him that a criminal proceeding was initiated against the plaintiff. it is also argued by him that the proposed amendment is not at all inconsistent with the original plaint as the defendant admitted the transaction in paragraph 13 of the written statement filed before the trial court.5. i ..... in view of the provisions of section 34 of the specific relief act. my attention was drawn to the prayers made in the original plaint. my attention was also drawn to the amended plaint and it is argued that in prayer c(i) which was incorporated after the amendment in the first sentence an alternative decree for rs. 3,00, .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Jun-17-2005
Reported in : (2005)96TTJ(Kol.)1041
..... have been reiterated before us. we would have no difficulty in following the elaborate decision of our co-ordinate bench, but for the amendment in section 90 of the it act, 1961, by the finance act, 2001, with retrospective effect from 1st april, 1962. we, therefore, do not consider it necessary to deal with the contentions advanced ..... decision of the tribunal in favour of the assessee, but has pointed out that after the decision of the tribunal, there has been amendment by the finance act of 2001, in section 90 of the it act, 1961, by virtue of which an explanation to section 90(2) was added. the cit(a) has on the basis of ..... provisions of dtaa, incorporation of specific provisions contrary to the provisions of the it act, 1961, are to prevail insofar as such incorporation is authorized under the it act, 1961 itself. however, in regard to the subsequent amendments, the only requirement is to notify the; amendments to the respective countries and in the event of there being no conflict, .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Feb-08-2005
Reported in : (2005)60SCL59NULL
..... items, very diverse in character, such as ships, vehicles, books, scientific apparatus and surgical equipment, used for the purpose of business or profession. the finance act, 1995 amended the definition with retrospective effect from 1-4-1962 to state that the work 'plant' does not include tea bushes or live stock. the very fact that ..... the interpretation meaning shall be subject to the procedures set out in this regard. 22. otcei on an ongoing process, reserves its right to revise, modify, amend, alter, the terms and conditions of the appointment of dealers, as it may deem necessary, and your continuance as a dealer will be subject to the above ..... code of conduct and non-compliance of the same may result in review of your dealership. 7. you will be required to comply with securities contracts (regulations) act & rules & multiple membership rules. in addition you will also be required to comply with the guidelines/enactments, notification issued/modified by sebi & ministry of finance from .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Feb-08-2005
Reported in : (2005)94ITD89(Kol.)
..... of items, very diverse in character such as ships, vehicles, books, scientific apparatus and surgical equipment, used for the purpose of business or profession. the finance act, 1995, amended the definition with retrospective effect from 1st april, 1962 to state that the word 'plant' does not include tea bushes or live stock. the very fact ..... the interpretation meaning shall be subject to the procedures set out in this regard. 22. otcei on an ongoing process, reserves its right to revise, modify, amend, alter, the terms and conditions of the appointment of dealers, as it may deem necessary, and your continuance as a dealer will be subject to the above ..... code of conduct and non compliance of the same may result in review of your dealership. 7. you will be required to comply with securities contracts (regulations) act & rules & multiple membership rules. in addition you will also be required to comply with the guidelines/enactments, notification issued/modified by sebi and ministry of finance .....
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