Judgment Search Results Home > Cases Phrase: protection of women from domestic violence act 2005 Court: kolkata appellate Page 1 of about 4 results (0.077 seconds)

Manish Dogra Vs. Anima Rani Sinha

Court : Kolkata Appellate

..... petitioner has been depositing monthly rent in the office of the 1st court of civil judge (junior division), before whom the suit is pending, in the name of his deceased father since march, 2005 and that an order ought to be made permitting correction of the said challans treating the rent to have been deposited by the petitioner, and not his deceased father. ..... established that the error was bonafide but deliberately designed to harass the landlord to prevent him from withdrawing rent or otherwise, the trial court would be justified in ordering rejection of the prayer ..... suit, the petitioner filed an application under section 151 of the code of civil procedure read with sections 24, 39 and 44 of the west bengal premises tenancy act, 1997 (hereafter the 1997 act) and rule 20 of the west bengal premises tenancy rules (hereafter the rules). ..... in the instant case, apart from the fact that the deposits were in court under section 17(1) of the act, there is no such finding against the defendant and, accordingly, amiya prova das guptas case (supra) ..... if indeed a deposit has been made in court in terms of section 7(1) of the 1997 act mentioning incorrect particulars on refusal by the landlord to accept rent when tendered in accordance with law, but there is material to hold that such incorrect particulars were mentioned due to bonafide errors, there is no ..... death on february 26, 2005, the petitioner has been substituted in the suit as defendant on december 7, 2005, his mother having predeceased .....

Mihir Kumar Talukdar Vs. Pradip Kumar Sengupta and ors.

Court : Kolkata Appellate

..... not affect in any manner the right of the other plaintiff to relief on establishment of the plaint case, there is no reason as to why the plaintiff seeking to abandon his claim in the suit, or withdraw from the suit without asking for permission of the court to file a fresh suit, should be made to continue lending his name in the proceedings as plaintiff or as a transposed defendant only because the co-plaintiff does not ..... supra), a division bench of this court was considering whether order 23 rule 1(4) of the code, as it then stood, prevented some of the plaintiffs in the suit to withdraw themselves from the suit without the consent of the rest and further as to whether apart from rule 1(4), the court was competent, in the interest of justice, to refuse one of several plaintiffs to withdraw or impose other restriction on him if such course is prejudicial to the interest ..... judge should ask himself the question how, if the makers of the act had themselves come across this ruck in the texture of it, they ..... 2005 and the same shall be transmitted to the trial court without any delay whereupon the trial court shall proceed to consider the petitioners prayer in accordance with law and dispose of the same as early as possible, but not later than a month from the date of receipt of the records from ..... must not alter the material of which the act is woven, but he can and should ..... save the judges trouble if acts of parliament were drafted with divine ..... the draftsmen of acts of parliament have .....

Abn Amro Bank Nv Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2005)96TTJ(Kol.)1041

..... view is possible, it is futile to go into the question whether the proviso to section 24(1) operates as a substantive provision or only by way of an exception to section 24(1)".the words of proviso to section 40(a)(i) also being clear and being free from any ambiguity, and in view of the principle so laid down by the hon'ble supreme court in the case of jagannath mahadeo prasad (supra), this proviso is to be viewed as a substantive provision and as, to repeat my words in ..... and gains of business or profession",-- (i) any interest (not being interest on a loan issued for public subscription before the 1st day of april, 1938), royalty, fees for technical services or other sum chargeable under this act, which is payable,-- (b) in india to a non-resident, not being a company or to a foreign company, on which tax is deductible at source under chapter xvii-b and such tax has not been deducted ..... ." the following explanation was inserted by the finance act, 2001, with retrospective effect from 1st april, 1962 : "explanation : for the removal of doubts, it is hereby declared that the charge of tax in respect of a foreign company at a rate higher than the rate at which a domestic company is chargeable, shall not be regarded as less favourable charge or levy of tax in respect of such foreign company, where such foreign company has not ..... . there are occasions when, to protect its reputation and credibility, a bank has to bear a loss which, strictly ..... cannot afford protection against such .....

Pancham at Kebal Rai Vs. State of W. B.

Court : Kolkata Appellate

..... or public servant whether at the time of murder he was such member or public servant, as the case may be, or had ceased to be such member or public servant; or(d) if the murder is of a person who had acted in the lawful discharge of his duty under section 43 of the code of criminal procedure, 1973, or who had rendered assistance to a magistrate or a police officer demanding his aid or requiring his assistance under section 37 and section ..... seized from the scene of occurrence like printed bed sheet, one black brown strained pillow, side pillow, a full sleeve open breast shirt, a piece of cloth (appeared to be lungi), one cut open sando ganji, a saya, a nighty and a cut open brassiere all of which had black brown stains, did not find any sign of violence.ii) appellant-accused pancham @ kebal rai engaged as domestic servant ..... committing the offence that the appellant-accused was last seen with the old couple as he was residing in the flat as a domestic servant and that the appellant-accused was seen leaving the flat after commission of the murder in the morning of 18.04.2005 by the witnesses and as on his arrest the police was able to discover stolen articles at his instance. ..... submitted that the evidence of witnesses particularly the security personnel and darwan that the appellantaccused left the flat of tara chand banka in the morning of 18.04.2005 is merely hearsay and if this was a fact there is no reason why these witnesses have not informed the relatives of the deceased when they .....