Court : Kolkata
Reported in : AIR2008Cal96,2008(2)CHN244
..... is initiated before the debt recovery tribunal, the claim may be, on the face of it, barred by limitation unless the benefit of section 14 of the limitation act is conferred upon the plaintiff. but even if the court exercises jurisdiction under order vii rule 10 of the code of civil procedure and returns the plaint, the ..... court governed by the code for initiation of a suit. a proceeding before debt recovery tribunal is initiated by presentation of an application under section 19 of the act and is never commenced by presentation of a plaint within the meaning of the code nor does such tribunal come within the specifications of any of the courts ..... and in view of such claim, the civil court has no jurisdiction to entertain the suit, the appropriate remedy being available before the debt recovery tribunal created under the act, court therefore, rightly concluded that this was a case of rejection of plaint. the moment, the plaint has been rejected instead of dismissal of the suit, it .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(4)CHN573
..... and quashed.10. the matter is remitted back to the learned court below with a direction to conduct necessary enquiry in terms of section 7a of the amended act as mentioned above as expeditiously as possible after giving an opportunity to the petitioner to lead evidence and to decide the matter within a period of two months from ..... enquiry and on consideration of evidence, both oral and documentary, is required to come to a positive finding whether the petitioner is a juvenile within the meaning of the act or not.8. it has to be borne in mind that such determination is required for the purpose of trial, as because under the law the juvenile in ..... he is a juvenile in conflict with law.3. learned advocate for the petitioner referred to section 7(a) of juvenile justice (care and protection of children) amendment act, 2006 and submitted that the learned court below misdirected himself to reject the application only on the ground of alleged delay in filing the application by the petitioner. it .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2008Cal81,2008(2)CHN112,2008(2)KLT870
..... statutes of limitation are in their nature strict and inflexible enactments.subsequently, the privy council, repeated this principle of 'strict grammatical' construction so far as the indian limitation act is concerned in the case of nagendra nath dey v. suresh chandra dey (21) of that report sir dinshaw mulla observed:there is, in their lordships' opinion, ..... pal 29 cwn 973 : air 1926 cal 65 where the learned judge points out after a careful study of the third column of the schedule of the limitation act, how it reveals the outstanding fact which cannot be ignored, namely, that the starting point of limitation does not always synchronize with the accrual of the cause ..... party to the proceedings preferred a mandamus appeal before the division bench of this court beyond the period of limitation fixed by the article 117 of the limitation act.5. the division bench was of the view that the appellant therein, being not a party to the proceedings before the learned single judge, could not prefer .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2008Cal108
..... says that the 'principle of natural justice will apply in cases where there is some right which is likely to be affected by an act of administration. good administration, however, demands observance of doctrine of reasonableness in other situations also where the citizens may legitimately expect to be ..... the 'pleasure' of the chairman. at this juncture therefore, it would be relevant to notice both sections 18 as well as 21 of the municipal act and place them in juxtaposition to each other._____________________________________________________________| section 18 | section 21 ||_____________________________|______________________________||18. terms of office of | 21. term of office ..... an order making allegations against him. according to the learned counsel, by doing so, the chairman clearly transgressed his statutory limits and thereby acted against the principles enunciated by mr. justice frankfurter (supra) who said that 'an executive agency must be rigorously held to the standards by .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(2)CHN271
..... , first court, hooghly.3. the husband files an application under section 26 of the said act in the said suit seeking custody of the minor child from the respondent/wife.4. by the order impugned, the learned additional district judge rejects the said application ..... in matrimonial suit no. 81 of 2006.2. the husband institutes a suit for restitution of conjugal rights under section 9 of the hindu marriage act, 1955 (hereinafter referred to as 'the said act'). the said application is registered as matrimonial suit no. 81 of 2006 and is presently pending in the court of the learned additional district judge ..... . being aggrieved, this appeal is filed by the plaintiff/husband.6. sub-section (2) of section 28 of the said act provides for appeals against orders made under sections 25 and 26 of the said act, if they are not interim orders.7. as we have indicated hereinabove, the said order is passed in proceedings filed under .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)2CALLT391(HC),(2009)225CTR(Cal)67
..... however, i examine the argument of the petitioners that by affording opportunity of hearing to the income-tax authorities at the admission stage the settlement commission acted contrary to the provisions of the law, i shall briefly analyse the provisions of the law relating to admission of a settlement application.(i) a settlement ..... mr. shome appearing for the respondents has primarily stressed on the point that since there is no express embargo imposed by section 245d(1) of the act upon the settlement commission on inviting the departmental authorities to make their submissions at the stage of admission of an application for settlement and section 245f(7) ..... rule 6 of the said rules. on the point of complexity of investigation, the submission of the revenue authorities is that section 42(2a) of the act postulates complexity of the accounts whereas under section 245d(1), the settlement commission is to consider complexity of investigation, and the nature of complexities contemplated in .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(3)CHN127
..... s. d/2 (posta) police station case no. 53 dated june 2, 2007 under section 395/397 of the indian penal code and section 25(1b)/27 of the arms act, the state preferred the instant criminal revisional application.2. the facts of the case in nutshell is as follows:posta police station case no. 53 dated june 2, 2007, under ..... section 395/397 of the indian penal code and section 25(1b)/27 of the arms act was registered following the incident of a dacoity took place at a broad day light in a busy business area of calcutta on june 2, 2007 at about 3.00 .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)IVCALLT206(HC)
..... a landlord and a tenant. however, there can be no manner of doubt whatsoever that the interlocutory proceeding under section 17(2) of the west bengal premises tenancy act, 1956, cannot be converted into an exercise beyond the prima facie stage, for the purpose of determining the existence of a relationship of a landlord and a tenant, ..... such preliminary order, deposit in court or pay to the landlord the amount so specified in the preliminary order; and(b) having regard to the provisions of this act, make, as soon after the preliminary order as possible, a final order determining the rate of rent and the amount to be deposited in court or paid to ..... behalf of the petitioner submits that in the facts and circumstances the learned court below, in the interlocutory proceeding under section 17(2) of the west bengal premises tenancy act, 1956, proceeded to go beyond that prima facie stage and had, in effect, adjudicated upon the real issue of the parties in the suit proceeding, at the .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(2)CHN466
..... case of a mortgage by deposit of title deeds, would compulsorily require a written instrument and registration thereof. it is submitted that section 17 of the registration act, 1908, as substantially incorporating the provisions of section 17 of its predecessor statute of 1877, does not allow any leeway and gives no option to court ..... writing, which has not surfaced despite the clear challenge thrown in the present application. the applicant says that though section 59 of the transfer of property act, 1882 recognises a mortgage by deposit of title deeds being effective without registration, that is the sole exception to the creation of any mortgage without the ..... morgan's guarantee furnished for the benefit of katihar, katihar had gone into liquidation and the 1984 suit proceeded, with leave under section 446 of the companies act, against the official liquidator representing katihar.6. by the application made by salkia in november, 1991, it required the court to record the satisfaction of .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)3CALLT92(HC)
..... property illegally is not established. if it has not been established that rashmoni had ever involved herself in dealing in contrabands, invoking power under the said act by the respondents has to be declared unauthorized. it appears from the impugned order that the competent authority has embarked on an investigation as to how and ..... the said hall, in exercise of power conferred by sections 68e and 68f of the said act read with section 53 thereof, restrained the present owners of the said hall by an order dated 14.2.01 from parting with, transferring, selling, gifting ..... six months rigorous imprisonment.2. after rashmoni and the other accused person were convicted, the respondent authorities started an investigation under section 68e of the said act in respect of properties allegedly acquired by her from dealing in contrabands and having come to learn that the second petitioner and his family members had purchased .....
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