Court : Kolkata
Reported in : AIR1991Cal152
..... possession it cannot be concluded that the suit premises were transferred, assigned sublet to mr. ardeshar.19. section 13(1)(a) of the west bengal premises tenancy act runs as follows:--'13(1)(a): where the tenant or any personresiding in the premises let to the tenant without the previous consent in writing of the landlord ..... appellant left india after subletting/assigning and/or transferring the suit premises without their consent, written or verbal, long after the commencement of the west bengal premises tenancy act, 1956. this allegation was only a denied in the written statement in a general way (para 7). on a consideration of all the materials on record the ..... available there it came back unserved to the sender.12. mr. mukherjee urges next that eventhough under the second para of s. 106 of thetransfer of property act a letter which comesback with the endorsement 'refused' may betreated as being served that cannot apply to aletter which comes back with the endorsement'left'. this is .....
Tag this Judgment!Court : Kolkata
Reported in : (1992)2CALLT106(HC)
..... even assuming that such directions contained provisions for reservation, would be binding upon the bank, unless the same were issued under section 8 of the nationalisation act.46. mr. roy lastly submitted that there was a marked distinction between the expression 'reservation of vacancies' and the expression 'concessions' for scheduled ..... as indicated above, the first point for consideration is whether directions given by the central government, apart from those given under section 8 of the nationalisation act, are binding on nationalised banks. while mr. majumdar, appearing for the writ petitioners, has contended that nationalised banks, being public sector undertakings, are ..... follow the directions given by the central government from time to time with regard to policy matters involving public interest. section 8 of the natitnalisation act, in my view, simply indicates that while discharging its functions, the banks will be guided by such directions with regard to policy matters involving .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1993Cal203,(1993)1CALLT226(HC),1993(2)CHN179,97CWN578,II(1993)DMC74
..... same does not impliedly or expressly exclude the jurisdiction of the civil court under s. 9 of the civil p.c. to grant a declaratory decree under the specific relief act.24. in the result, the application is allowed. the impugned appellate order dt. 7th oct., 1985 passed by the learned district judge, hooghly in misc. appeal no. ..... know subsequent to the marriage that defendant opposite partyallegedly is a christian and whether there can be a marriage between a hindu and a christian under the hindu marriage act under the facts and circumstances of the case, i am of the view that the question whether a marriage solemnized between a hindu and alleged christian as per ..... parents at the time of marriage and during the period of courtship and therefore there could not have any marriage between the parties under the hindu marriage act as the said act is. applicable only to hindus and accordingly the plaintiff is entitled to ask for such a declaration as prayed for in the plaint and maintain the suit .....
Tag this Judgment!Court : Kolkata
Reported in : 98CWN1133,II(1994)DMC248
..... in existence at the time of the marriage, ruling out thereby a pregnancy, which did not exist at such relevant time.6. sections 20 and 21 of the act lay down what a petition should contain and attract the provisions of the civil procedure code relating to the verification of the plaint to such petitions. it can, therefore, be ..... of discovery of fraud in october, 1992.19. mr. bhattacharyya has waxed eloquent as it proceeds from the first limb of his submission that section 17 of the contract act, 1872, could be taken aid of as the respondent was under an obligation to speak to her husband about her premarital life. the silence and non-disclosure, in ..... point is that the judgment and decree of the learned court below, if suffer from perversity by the reason of refusing the reliefs to the petitioner under the h.m. act, 1955.8. in the aforesaid premise, the judgment and decree came under servere criticism.9. in assailing the impugned judgment and decree, mr. bhattacharyya, at the very threshold .....
Tag this Judgment!Court : Kolkata
Reported in : (1994)2CALLT53(HC)
..... in existence at the time of the marriage, ruling out thereby a pregnancy, which did not exist at such relevant time.40. sections 20 and 21 of the act lay down what a petition should contain and attract the provisions of the civil procedure code relating to the verification of the plaint to such petitions. it can, therefore, be ..... point is that the judgment and decree of the learned court below, if suffer from perversity by the reason of refusing the reliefs to the petitioner under the h.m. act, 1955.8. in the aforesaid premise, the judgement and decree came under severe criticism.in assailing the impugned judgment and decree, mr. bhattacharyya, at the very threshold, ..... learned additional district judge, dismissing the reliefs of the husband-petitioner sought for within the fold of sections- 12(1)(c) & 12(1)(d) of the hindu marriage act, 1955.2. the factual exposure of the case reflects the pathos of the matrimonial life of both the spouses, an account of which has been well detailed in the .....
Tag this Judgment!Court : Kolkata
Reported in : 1996CriLJ126
..... . both parties would have the liberty to seek appropriate direction from the trial court which is in seisin of the proceeding under section 26 of the hindu marriage act or for the matter of that of the matrimonial suit.13. the appeal accordingly stands disposed of.14. the order passed by the learned single judge for police ..... residential school, preferably in 'dolna' where he has been continuing as a day scholar or at any institution of ramkrishna mission and to win over the child by acts of love and affection in such a manner as may be found suitable in this context. she may also take necessary instruction or pray for appropriate direction from ..... a particular order for police help, we cannot go into the merits as regards the order of custody. the trial court under section 26 of the hindu marriage act is vested with the appropriate jurisdiction to pass appropriate orders from time to time and can also take into consideration the changed or altered situation to the entire perspective .....
Tag this Judgment!Court : Kolkata
Reported in : (1996)1CALLT360(HC)
..... all. (3) keeping in view the fact that various parties are concerned as regards management of the school, the district inspector of schools (s.e.) dakshin dinajpur, shall act as an administrator. he shall, however, not get any remuneration whatsoever. (4) we would request the learned trial judge to dispose of the writ application at an early ..... parties should be heard analogously and if the appeals are pending before different benches of this court, parties will be at liberty to move the hon'ble the acting chief justice for assignment of the matter before one bench. this order is being passed so that all the controversies relating to the affairs of the school including ..... be passed by this court. admittedly various writ applications are pending consideration. by reason of an interim order passed by this court sri dilip kumar sikdar has been acting as headmaster by way of interim measure. if the said order is recalled at this stage, another round of litigation may be started. 10. in this view .....
Tag this Judgment!Court : Kolkata
Reported in : (1996)1CALLT454(HC),[1996(1996)FLR1727a],1996LabIC1242,(1996)IILLJ1219Cal
..... writ petition. according to the respondents the writ petition is not maintainable. according to them he writ petitioners ought to have proceeded under provisions of industrial disputes act, 1947. the writ petitioners contended that the writ petition is maintainable in law. this court assumes hat the writ petition is maintainable in law and proceeds accordingly ..... administered by quashing and/ or setting aside any order adversely passed against the interest of the petitioners; (e) a writ in the nature of prohibition prohibiting the respondents authorities to act in pursuance to the impugned orders or of transfer; (f) a rule nisi in terms of prayers (a), (b), (c), (d) and (e) as above; ..... i.e. assistant labour commissioner (central), calcutta-ii; (b) a writ in the nature of mandamus do issue commanding the respondents nos. 1 to 3 to act in accordance with provisions laid down in the shastri award and natural justice; (c) a writ in the nature of mandamus do issue commanding the respondents nos. 1 .....
Tag this Judgment!Court : Kolkata
Reported in : 100CWN1003,(1998)IIILLJ429Cal
..... contravention of article 311(2) reinstatement of a dismissed worker under industrial law or by labour or industrial tribunal and (3) a statutory body when it has acted in breach of a mandatory obligation imposed by statute, there may also be a fourth class of cases where a statute confers status upon an employee and if ..... case of violation of the rules made under the proviso to article 309 of the constitution. neither a suit would be necessary nor a reference under industrial disputes act. we do not think the certified standing orders can be elevated to that status, it is one thing to say that they are statutorily imposed conditions of ..... observed as follows at p. 741 :'similarly, where the dispute involves the recognition created by enactments like industrial employment (standing orders) act, 1946- which can be called 'sister enactments' to industrial disputes act and which do not provide a forum for resolution of such disputes, the only remedy shall be to approach the forums created by the .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)3CALLT253(HC)
..... true that the charge (b) quoted hereinabove does not allege that the petitioner himself committed fraud, it alleges that the petitioner helped perpetration of fraud. an act of a bank employee helping perpetration of fraud certainly involves moral turpitude. a crime in which is an ingredient is a 'crime involving moral turpitude'. state ..... . 'moral' in combination with 'turpitude' is a tautological expression which does nothing more than add emphasis to the word 'turpitude', 'moral turpitude' is an act of baseness, vileness or depravity in the private and social duties which a man owes to his fellowmen or the society in general, contrary to the accepted and ..... said order or suspension reads as follows :--'as disciplinary proceeding are contemplated against mr. ram kumar tiwari (b.c. no. 09141). spl. asstt. for acts of misconduct including irregular transactions in savings bank portfolio reportedly committed by him during his tenure at bank's burrabazar branch, i am of the opinion that .....
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