Court : Kolkata
..... was not officially cancelled as yet. it was further submitted by him that before such rejection he was not given any opportunity of hearing. it was also submitted that the representation made by the writ petitioner was not considered by the respondent. he has also submitted that the control order do not impose any bar as regards age or residential address .....
Tag this Judgment!Court : Kolkata
..... different authorities including the school service commission. under such circumstances, this court directs the director of school education (se) to remit the petitioner's said representation appearing at page 32 of the writ petition to the 17 principal secretary of the higher education department, state of west bengal positively within a period of ..... to be made through the superintendent of police of murshidabad district to find out the correctness of the allegations made by the petitioner in her said representation and after obtaining the report from the investigating authority as mentioned above if the principal secretary is, prima facie, satisfied about the correctness of such ..... said judgment is set out hereunder:- "paragraph 86; the judicial power of this country, which is an aspect of national sovereignty, is vested in the people and is articulated in the provisions of the constitution and the laws and is exercised by courts empowered to exercise it. it is absurd to confine that .....
Tag this Judgment!Court : Kolkata
..... to the engineer involved in the project. the contractor's letter of january 25, 1999 specifically required the contractor to be absolved of the consequences of the contractor's written representation of april 17, 1998. the dispute resolution mechanism envisaged by the contract required the contractor to carry any grievance to an adjudicator. either party to the contract, if aggrieved by .....
Tag this Judgment!Court : Kolkata
..... context, the respondent relies on a judgment reported at 1996 (1) scc 206 (prof. ramachandra g. kapse vs haribansh ramakbal singh). that case dealt with a matter under the representation of the people act, 1951 and the relevant discussion at paragraph 14 was based on the principle recognized in order viii of the code relating to the extent of denial of the .....
Tag this Judgment!Court : Kolkata
..... mentioned that the writ petitioner shall complete everything ready within the time stipulated therein failing which consequence would follow. having found no response, cls made repeated representations, thereafter all of a sudden on 10th september 2010, hpcl by a letter it was informed that the dealership was against a terminated dealership located in ..... letter and also for not taking action in concluding the contract aforesaid writ petition was filed. the second mentioned appeal was filed by a number of peoples who described themselves in the cause title in their memorandum of appeal as well as in the application for interim relief to be registered consumers or prospective ..... meters. according to mr. mukherjee the letter which has been challenged by the writ petitioner is the culmination of the protest made by these group of people and followed by the letter of the local mla therefore the judgment and order suffers from infirmity and illegality and these issues raised by his client were .....
Tag this Judgment!Court : Kolkata
..... of the 1951 act, it has been judicially interpreted that the extraordinary right under section 29 of the act is subject to the principles of natural justice and even a representation by the defaulter following a notice must be considered and the decision communicated before the right can be exercised. it follows that the default on the part of the principal .....
Tag this Judgment!Court : Kolkata
..... section 14b of the said act for belated payment of its contribution under the employees' provident fund scheme, 1952 (hereinafter referred to as the said scheme ). the petitioner submitted its representation dated august 17, 2006 praying for exemption from payment of the above damages. the respondent no.3 passed the impugned order dated september 21, 2006 levying a sum of rs ..... opinion applying its mind on the ground on which prayer is made for waiving the same. upon consideration of the impugned order i find that the grounds taken in the representation dated august 17, 2006 of the petitioner company were not at all considered in case of rejecting the prayer of waiving the levy of damages. therefore, the impugned order suffers .....
Tag this Judgment!Court : Kolkata
..... to him the school authorities/managing committee without seeking for an approval of an additional post appointed the petitioner and the authorities have rightly turned down the said representation. thus he concludes that the petitioners have no right to pray for approval of the illegal appointment. 7. having considered the submission of the parties, it ..... by the respondent no. 5. 5. mr. a. k. gayen, learned advocate appearing for the petitioner submits that the authorities cannot reject the said application/representation of the petitioner by applying a subsequent rule/act which has not been expressly made applicable retrospectively. he further argues that the prayer of the petitioner is ..... order vide memo no. 1354(3) dated 6.11.2003/7.11.2003 passed by the chairman, howrah district primary school council whereby and whereunder the representation of the petitioner was rejected. 2. before proceeding to decide the matter it would be pertinent to record that in spite of service no affidavit in .....
Tag this Judgment!Court : Kolkata Appellate
..... and hence no reliance can be placed upon them. 16. mr. r. n. dutt, learned advocate for the appellant, in this connection has referred to section 21 of the representation of the people act, 1950 which relates to preparation and revision of electoral rolls and has submitted that the electoral roll is expected to be revised before each election but if there ..... in air 1972 orissa page 158 full bench (kirtan sahu versus thakur sahu and others) wherein it was observed by the honble court that electoral rolls prepared under the representation of the people act was a public record within section 35 and a public document within section 74 (1) (iii) of the evidence act and is admissible in evidence as such and .....
Tag this Judgment!Court : Kolkata Appellate
..... dated march 3, 2011 is alleging inaction on the part of the licensee under the electricity act, 2003 in the sense that the licensee has not considered his representation dated february 11, 2011 (at p.17). 3. on detection of theft of electricity by the petitioner the west bengal state electricity distribution company limited, the ..... 2010. though the petitioner was entitled to appeal under s.127, he did not appeal. nor did he pay the finally assessed amount. 4. he made the representation dated february 11, 2011 requesting the licensee to reconnect his supply on payment of 50% of the finally assessed amount and permit him to pay the balance in ..... create the licensees statutory obligation to reconnect the supply. 9. i am, therefore, of the view that by ignoring the petitioners representation the licensee did not commit any wrong. the petitioner submitted the representation in exercise of a non-existent right and hence it could not and actually did not create any statutory obligation of the .....
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