Judgment Search Results Home > Cases Phrase: rampur raza library act 1975 section 22 returns and reports Court: kolkata Page 1 of about 27 results (0.074 seconds)

Ranabir Saha Vs. the State of West Bengal and anr.

Court : Kolkata Appellate

..... in the fourteenth year of the republic of india as follows:- section 1(3) it applies in the first instance to the major ports of cochin, kandla and visakhapatnam and the central government may, by notification in the official gazette, apply the provisions of this act to such other major port, and with effect from such date, as may be specified in the ..... herein by the chairman, calcutta dock labour board it has been stipulated that after careful consideration of the charges set out in the charge sheet memorandum dated 06.10.2003, the enquiry report dated 27.03.2007 and other related papers as available in the record, the disciplinary authority, the board, at its meting held on 28.11.2007, proposed in terms of rule 10(1) of supplementary service rule no. ..... any executive officer appointed under sub-clause (1);(4) the board may appoint such other officers and servants and pay them such salaries and allowances and prescribe such terms and conditions of service as it deems fit;provided that no post the maximum salary of which exclusive of allowances is rupees two thousand and above per mensem shall be created, and no appointment to such posts shall be made by the board except with the previous ..... of such legal and factual aspect has erroneously decided to accept the prosecution report. ..... materials supplied by him, the learned court below by order dated 27/04/2004 held that there exists prima facie materials for framing a charge against him as per prosecution report which is now assailed. 4. .....

Sri Ashis Chakraborty and ors. Vs. Hindustan Lever Sramik Karmachari C ...

Court : Kolkata

Reported in : (1992)1CALLT486(HC),96CWN673

..... this decision also like the earlier one did not propound any broad proposition of law that except punishment, no other order or decision is appealable under section 19 but on the other hand it broadens the proposition that only such orders or decisions in which some point is decided or a finding is given in the exercise of jurisdiction to punish for contempt, an ..... learned advocate-general, who appeared on behalf of the appellants drew our attention to various changes that the learned single judge made from his earlier order and they were as follows :(i) the assistant district judge is to act as the returning officer ; (ii) the special officers might take other persons to help them in. ..... if the scope of appeal under section 19 is restricted only to punishment imposed under section 12 and nothing beyond, then a person who is ex facie found guilty of contempt under section 14 and is detained in custody pending the hearing on the charge of contempt and is refused bail, would have no right of appeal against such refusal of bail pending the decision on the charge of contempt which will amount to deprive the alleged contemner of the right of ..... reported in : 1978crilj772 , it was held that on a mere initiation of a proceeding for contempt by issuance of a notice under section 17, no question was decided and hence an order merely initiating a proceeding without any further order, did not decide anything against the alleged contemners and hence could not be appealed against under section .....

Chandmoni Majhin Vs. Coal India Ltd. and Ors.

Court : Kolkata

..... after the medical board comes to a conclusion about the actual age of the writ petitioner, the director, health service, government of west bengal will forward its report to the respondent authority and the respondent authority would accordingly correct the date of birth in the service record and in case it is found that the writ petitioner has been prematurely superannuated, she should be treated as in service upto the date of superannuation on the basis of corrected date of birth ..... we are of the opinion that when regularization/absorption and/or reinstatement/continuance is sought in the service of the eastern railway, the central administrative tribunal will have the jurisdiction and as per provisions of section 28 of the act of 1985, the matter can also be filed before the industrial tribunal or the labour court, as the case may be. ..... subhangshuman de reported in 2015(4) chn (cal) 671, a division bench of this court observed ..moreover, in the facts and circumstances of this case, we cannot ignore that under article 226 of the constitution of india, wide powers have been conferred upon the high courts to issue high prerogative writs to correct errors and / or injustice meted out to citizens of india and for the enforcement of their fundamental rights. .....

Subir Guha Thakurta Vs. Johnson and Johnson Ltd. and ors.

Court : Kolkata

Reported in : 2006(4)CHN459,[2006(110)FLR606],(2006)3LLJ408Cal

..... on record both oral and documentary would show that subir was not a workman because, he did not come under the first part of the definition of 'workman' of section 2(s) of the said act and secondly, in any event, his job are purely managerial and supervising in nature and therefore, he comes under the exclusion clause of the said definition and further in law the onus is on the employee to prove that he is a workman which has already been held in a decision reported in 2004-iii ..... the learned tribunal came to conclusion that sri subir guhathakurta appellant herein, falls within the definition of the workman under section 2(s) of the said act and also held that the reference is maintainable in law issues referred before the learned tribunal are that (a) whether the termination of service of sri subir guhathakurta with effect from september 19, 1996 is justified? ..... learned tribunal also held that the order of termination is unjustified, learned tribunal further came to the conclusion that sri guhathakurta, appellant herein, had been able to establish his case and on the other hand the employer, respondent herein, had failed to discharge its onus that subir guhathakurta was working in managerial or supervisory capacity in the company. ..... , rampur v. ..... 76 cwn 342, raza textiles ltd. .....

Hongkong and Shanghai Banking Corporation Ltd. Vs. Central Government ...

Court : Kolkata

Reported in : (2003)IILLJ293Cal

..... referring to various documents it was submitted by the learned counsel of the petitioner bank that the termination of the concerned employee in the present case was obviously for misconduct and as such the said termination cannot come within the ambit of section 2(oo) of the industrial disputes act, 1947 as in the said provision retrenchment was defined as the termination of service of a workman by the employer for any reason whatsoever otherwise than as a punishment inflicted by way of disciplinary action.31. ..... 3 whether the order of termination issued to the petitioner was virtually an order of retrenchment or the same was a punishment in connection with the alleged misconduct, is a mixed question of law and fact and as such the same should not be allowed to be raised for the first time before this court during the final hearing of the writ petition particularly when the said point was never mentioned in the ..... 3 after discharging his moral obligation for his distressed sister returned to india on january 1, 1985 and made a personal representation to the then manager of the bank requesting him to reinstate him in service.41. ..... 3 refused to comply with the reasonable order of the management for reporting to duty which amounts to misconduct and the said act of the employee concerned is unbecoming of an officer of the petitioner bank. ..... officer, rampur : [1973]87itr539(sc) .14. ..... 8th industrial tribunal, w.bengal 1975 lic 94. ..... (4) raza textiles v. i.t. .....

Asiatic Steam Navigation Co. Ltd. Vs. Jethalal Dharamshi and Co. and a ...

Court : Kolkata

Reported in : AIR1959Cal479

..... after all, the presumption that the court is expected, to make under section 114 of the evidence act is a permissive presumption in the sense that the court may in a proper case presume and normally it will do so if it is established that there is a relevant document and that it has been actually withheld without any reason. ..... they first had not the document when the affidavit of documents was made and secondly, the survey was made months after the arrival of the goods and the report was made years after the survey, and thirdly, even when it came out at the trial that such a report was in existence, the defendant appellant never called for its production. ..... 'now, here the evidence and the survey report both show that the bags had given way and the stuff and sweepings had come out and that must have considerably impeded even the very faulty ventilation that may have been left. ..... i, therefore, consider it useless enquiry to study the report of the colaba observatory as to how much rain fell and when and whether the bags used to lie under the shed or lathe open or near the jetty, waiting for shipment.13. ..... what remains of the value of a survey report when the survey was made more than three months after the arrival of the goods and the report was made more than four years after the survey? .....

Punjab National Bank Ltd. Vs. Bank of Baroda Ltd. and ors.

Court : Kolkata

Reported in : AIR1941Cal372

..... absence of english authority it is difficult to say what is the exact legal effect in this country of marking cheques, but it is submitted that such marking is not equivalent to acceptance by a banker, and that notwithstanding section 75, bills of exchange act, 1882, a customer who is requested by his banker to mark the cheque cannot countermand its payment.15. ..... bose has argued that a cheque is a bill of exchange, being so defined by section 6, negotiable instruments act, and that, although in the normal course it is not accepted by the drawee banker, there is nothing in the law that forbids him to accept it, in which case he becomes liable to a holder in due course in the ..... james paget is also clearly of opinion that the marking of a cheque as 'good for payment' is not the equivalent of 'acceptance,' and indeed he seems to think that a banker is probably debarred from 'accepting' a cheque, a view which appears to differ from that expressed ..... the instance of a customer, the object of the marking being to show on the face of the cheque that there are sufficient funds in the banker's hands to meet it...if the marking satisfies the requirements of section 17 of the code, it will amount to an acceptance, and the banker will be liable to the holder of the cheque accordingly. ..... the defendant mitter then left but returned later on the same day bringing a crossed cheque, drawn in favour of the defendant mitter or order by ..... accompanying slip for its being returned unpaid is 'not arranged for .....

Nitai Chandra Jana and ors. Vs. Emperor

Court : Kolkata

Reported in : AIR1937Cal433

..... bidhu babu returned and reported that amalrani could not be found in siddi babu's house. ..... against them, but against the rest of the accused, the learned chief justice proceeded:the warrant for this is to be found in section 30, evidence act, which provides that where more persons than one are being tried jointly for the same offence, and a confession made by one of such persons affecting himself and some other of such persons, is proved, the court may take into consideration such confession as against such other person as well ..... taking the two sections of the evidence act, namely section 133 and section 114 together, i think it may be safely laid down that the statute law of india did not intend to introduce a different rule for the guidance of the courts from that which may be now taken as the ..... as regards the question, whether and how far a confession may be evidence against the person making it, i should like only to add that what section 21 makes relevant is an admission, and while an admission includes a confession, the confession must still be an admission within the meaning of section 17, evidence act, before it can be held to be relevant under section 21. ..... the language of the section is guarded, and the history of this act leaves me in no doubt that this section was designedly framed in these terms ..... read with sections 19(f) and 20, arms act, while five of them, namely chintamoni, sasadhar, sudbasindhu, radharaman and nitai jana, were also convicted under section 395, i.p.c. .....

Mohammad Rustom Ali and Another Vs. the Administrator, Corporation of ...

Court : Kolkata

Reported in : AIR1992Cal311,(1992)2CALLT230(HC),1992(2)CHN10

..... as under : 'it is thus well-settled by numerous recent decisions of this court that the traditional concept in a fee of quid pro quo is undergoing a transformation and that though the fee must have relation to the services rendered, or the advantages conferred, such relation need not be direct, a mere casual relation may be enough. ..... from the aforesaid decisions the petitioners want to emphasize that thereshould be a reasonable relationship between levy of fee and service rendered and the element of quid pro quo must be established between the payer of the fee and the authority charging it and the authority collecting the fee must show that the services which they are rendering in lieu of fee is for some special benefit for ..... the entire case revolves round a few sections of the calcutta municipal act, 1951 and a few clauses of the bye-laws regulating the use of municipal ..... parishad reported in : [1975]3scr475 ..... 'if specific services are rendered to a specific area or to a specific class of persons or trade or business in any local area, and as a condition precedent for the said services or in return for them cess is levied against the said area or the said class of persons or trade or business, the cess is distinguishable from a tax and is described as a fee. ..... court discussed its several previous decisions and also tried to elaborate the principle of quid pro quo between the person paying the fee and the authority imposing it vide : [1961]2scr537 , hinger rampur coal company ltd. v. .....

Ganesh Chandra Saha Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (1996)2CALLT325(HC),100CWN1138,[1997(75)FLR862],(1997)IIILLJ843Cal

..... stock register does not show any deficit, that although the evidences adduced by the management fell far short of the required standard of proof the enquiry officer mechanically and without application of his mind submitted his report stating that charges against him had been proved, that the enquiry officer travelled beyond the charges which would show a closed mind, that the disciplinary authority issued ..... principle of law that the approval that is contemplated under section 33(2)(b) of the act is to be accorded on a prima facie satisfaction of the tribunal which is only to see whether the evidences before the enquiry officer was sufficient to draw an inference that the alleged misconduct was brought home to the employee or that there was a basis of the report of the enquiry officer or that the report of the enquiry officer is not manifestly perverse and violative of the principles of natural justice. ..... the general manager of the hotel having concurred with the findings and reports of the enquiry officer issued a second show-cause notice intimating the proposed punishment of dismissal, to which the ..... mukherjee and compelled her to lodge a complaint against him and also compelled her to sign on a few blank papers, that on returning home from calcutta the petitioner coming to know of the said facts from his wife immediately went to the office of the security officer and protested and accordingly he could join his night shift duty only ..... union of india), (1975-ii-llj-102) (sc) ( .....