Court : Kolkata
Decided on : Jan-07-2005
Reported in : AIR2005Cal119,(2005)2CALLT39(HC),2005(1)CHN478
..... defendant no. 7 on march 11, 2004.3. this suit has been instituted on or about january 29, 2004. therefore, the code of civil procedure, as amended by amendment acts of 1999 and 2002, is applicable in this case.4. order 8 rule 1 of the code of civil procedure as substituted by the code of civil procedure ..... original civil procedure.-notwithstanding anything in this code, any high court not being the court of a judicial commissioner may make such rules not inconsistent with the letters patent or order or other law establishing it to regulate its own procedure in the exercise of its original civil jurisdiction as it shall think fit, and nothing herein ..... in the exercise of its original civil jurisdiction need not be consistent with the provisions of the code of civil procedure, but they should be consistent with the letters patent establishing the high court. the opening words of the section 'notwithstanding anything in this code' are self-effecting. where a rule framed by the high court under .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-28-2005
Reported in : (2005)2CALLT383(HC),2005(3)CHN95
..... three hon'ble judges including the hon'ble the chief justice dr. a.s. anand (as his lordship then was). in this judgment the entire legislative history of amendment of section 100 in the civil procedure code in the year 1976 has been discussed and in this judgment also the hon'ble apex court has observed that unless the findings ..... v. harphool singh) the hon'ble apex court has observed that findings based on surmise and conjectures, perverse findings not based on legally acceptable evidence and which are patently contrary to law declared by supreme court, cannot have an immunity from any interference in the hands of the appellate authority.37. at the same time, in the ..... landlord and has under certain conditions granted a clear right to the landlord to seek eviction on proof of the grounds mentioned in section 11 of the act. thus, the act appears to have struck a just balance between the genuine need of the landlord on the one hand and great inconvenience and trouble of the tenants on .....
Tag this Judgment!Court : Kolkata
Decided on : Feb-04-2005
Reported in : 2005(3)CHN132
..... amount at that stage.9. in my opinion, in view of order no. 34 passed by the learned trial judge which was otherwise patently illegal, all these complications had arisen. if the court did not pass such illegal order, no such application would have been filed and ..... , directed the applicant to pay rs. 48,400/- according to the amended provision of the serial no. 10 of the schedule i to the west bengal court-fees act.8. in my view, the learned trial judge acted illegally and with material irregularity in demanding payment of such court-fees when ..... however, propose to take up the suo motu rule first.7. according to the west bengal court-fees act, an application for probate is filed initially with fixed court-fees as provided in serial no. 9 of the schedule ii of the ..... act. however, according to the provision contained in serial no. 10 of schedule i, if ultimately court grants probate, in .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-21-2005
Reported in : (2005)3CALLT212(HC)
..... defendant may file written statement or adopt the written statement or raise new plea or if one is added as plaintiff he has to adopt the plaint or ask for amendment if he wants to raise new plea in order to impress upon the court that by reason of the interest of the appellant, it was necessary to add them ..... , the learned senior counsel, opposed this prayer on the ground of maintainability of the appeal. according to him, the appeal is not maintainable under clause 15 of the letters patent since it is not a judgment within the meaning thereof, inasmuch as, no right has since been finally determined. according to him, right to apply to add as a ..... palai v. collector, puri, : air1994ori21 . according to him, the scope of order 1 rule 8 cannot be put into straight jacket formula on the principle that the parties are acting prejudicially to the interest of the party. the discretion has to be exercised judicially. he submits that the principle of prejudice is one of the factors but not the only .....
Tag this Judgment!Court : Kolkata
Decided on : May-19-2005
Reported in : (2005)3CALLT573(HC),2006(4)CHN271
..... , namely substantive provisions of the cpc.18. the hon'ble supreme court rejected such contention. the hon'ble supreme court observed that far from doing away with the letters patent, the amending act of 2002 has left unscathed the provisions of section 129 of cpc and what follows therefrom. the judgment of the high court that a high court was governed by the ..... learned single judge of this hon'ble court held that rules framed by the high court even when inconsistent with the provisions of the code, the rules will prevail (see 2005(1) chn 478).20. therefore, it is clear that if chapter 14 of the rules prevails over order xviii rule 4 of the cpc then the question of filing an ..... pinaki chandra ghose, j.1. this is an appeal filed by the defendant/appellant in respect of an order dated 20th january, 2005.2. the said order contains the following directions ;(i) the plaintiff/respondent given liberty to file a supplementary affidavit in respect of the witness who had already filed his examination- .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-17-2005
Reported in : 2005(4)CHN690
..... that the marriage should be declared to be nullity is equally devoid of any substance. the legislature has during the pendency pf this appeal amended section 5 of the hindu marriage act by making it clear that epilepsy will not be a disqualification of valid marriage. such being the position, today we cannot grant a decree ..... the conclusion that the present appellant was suffering from epilepsy before her marriage in 1988. the learned court, however, found that by filing an application for amendment thereby incorporating the prayer of divorce on the ground of desertion and cruelty and further by giving suggestion to the wife in cross-examination whether she was agreeable ..... proposal of the husband to return to the matrimonial home.13. we, thus, find that the decree for judicial separation granted by the learned trial judge was patently illegal as the husband failed to prove cruelty on the part of the wife after solemnization of the marriage.14. as regards pross-objection filed by the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Aug-22-2005
Reported in : (2006)280ITR117(Kol.)
..... state immediately after the entry into force of that convention and, if the competent authority of the other state or requests, the provisions of this sub-paragraph shall be amended by protocol to reflect such terms. (b) however, no such deduction shall be allowed in respect of amounts, if any, paid (otherwise than towards reimbursement of ..... to the head office of the enterprise or any of its other offices, by way of royalties, fees or other similar payments in return for the use of patents or other rights, or by way of commission, for specific services performed or for management, or, except in the case of a banking enterprise, by way of ..... a limited liability having its original office at singapore. it had a branch in india registered in terms of schedule ii of the reserve bank of india (rbi) act, 1934. it carries on banking business in india comprising of accepting deposits, giving loans, discounting/collection of bills, issue of letter of credit/guarantees, executing forward transactions .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-11-2005
Reported in : AIR2006Cal301
..... . under such circumstances, having regard to the mandatory nature of the language incorporated in the said rule, the petitioner cannot get advantage of the order of amendment.33. accordingly, challenge is against ad interim orders not against the final order.34. in my view this point would have been very relevant had there ..... simultaneously. in support of his submission he has relied on the decision of a bombay high court judgment, reported in : air1993bom217 , ongc v. offshore enterprises; 2001 patent and trademark cases 319, colombia pictures association v. citi cable network, an unreported judgment of the learned single judge dated 20th december, 1999, safary ventures v. ..... that the defendant no. 2 and defendant no. 4, national commercial bank being the bankers of the nasco is acting in fraud and collusion with each other. after discovery of such facts the plaintiff had amended the plaint impleading national commercial bank of the party defendant in the said suit. the defendant no. 2 has .....
Tag this Judgment!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 : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Jan-31-2005
Reported in : (2005)93ITD535(Kol.)
..... officer, on 28.03.03, under section 143(3)/154/158bc, for the aforesaid block period, in reassessment proceedings is barred by limitation, as per the amended provisions of section 153(2a) of the i.t.act'61, and hence liable to be quashed." 4. to appreciate the controversy raised by the assessee in this ground no. 2, it is necessary to ..... in the case of kamla devi 217 itr 330 7. he further placed reliance on explanatory note in circular no. 14 of 2001 of the cbdt with regard to the amendment in section 153(2a) and section 251, reported in 252 itr (st) 115, 119. a reliance was also placed on the decision of the itat kol bench 'a' & 'c' ..... assessment made on the firm under section 147. explanation 1- in computing the period of limitation for the purposes of this section- 14. on reading section 158be of the act, it is seen that section 158be only specifies the period within which the ao must complete the assessment. the limitation specified in section 158be is the limitation for completing the .....
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