Court : Kolkata
Reported in : 2007(4)CHN772
..... in the circumstances covered by the added provisos. the division bench, however, did not take into consideration, the provisions contained in section 213b of the panchayat act, which provides for disqualification of the members including the pradhan and upa-pradhan, and in such cases, without taking recourse to section 12, pradhan or upa- ..... the unamended provisions of section 12 and therefore, in case of conflict between the second proviso to section 12 and the provisions of section 16 of the act, the latter should prevail being a substantive provision in the statute.7. therefore, the only question that arises for determination in this mandamus appeal is ..... sanyal, a legislature by amendment cannot destroy the object of an enactment by adding a proviso thereto. mr. sanyal further contends that section 16 of the act specifically provides that requisition meeting can be called at any point of time after complying with the provisions contained therein and the said provisions are in conformity .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)3CALLT416(HC)
..... directing the respondents to transmit the case record before this hon'ble court, so that after perusing the same conscionable justice may be rendered directing the respondents to act in accordance with law by not interfering with the work of north & middle andaman zilla parishad.c) a writ in the nature of prohibition restraining the ..... and submits that the decision of the administrator of keeping the effect of the earlier notification in abeyance is absolutely capricious. virtually it is not his own act or action, rather under pressure of interested lobby namely the ministry of the central government and also the local member of parliament this has been done illegally. ..... what authority such impugned modification has been done.15. mr. mandal submits on the other hand that under the provisions of section 21 of the general clauses act, 1897 the lieutenant governor has ample power to modify or rescind any notification and/or decision. therefore, there is no illegality in this matter and this can .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN860
..... -judicial confession cannot be relied on under the law as such alleged confession was made before and/or under custody of the police and under section 27 of the evidence act the same cannot be accepted nor relied on. other alleged material evidence namely the blood stained clothes and the motive are wholly insufficient to record conviction of murder. when eye .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN1058
..... in this case is altogether different. it is a prohibition on the power of court to take cognizance. since in terms of the aforesaid provisions of the act taking cognizance of such offence by a court is not permissible except on the complaint of authorized officer the impugned order of taking cognizance is illegal and without ..... interference by this hon'ble court is called for. lastly, mr, roy submitted that even if taking cognizance in respect of an offence punishable under the said act is illegal the question of taking cognizance in respect of the offences punishable under the indian penal code ought to be sustained.4. i have given my anxious ..... which the cognizance was taken relates to the cognizable offences punishable under indian penal code as well as the offence punishable under mines and minerals (development and regulation) act, 1957, the said bar has no manner of application. he further submitted in any event this is at best an irregularity and does not vitiate the proceedings, .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN140
..... . v. k. thangappan and anr. reported in : (2006)iillj421sc , a workman invoked writ jurisdiction after 2 decades seeking employment in terms of settlement under section 12 of the industrial disputes act and the inordinate delay in moving the writ application was not satisfactorily explained by workman. in such a situation, the apex court held that mere making of repeated representations to ..... agents and subordinate from giving any effect and/or further effect to the impugned purported recruitment proceedings of the respondent no. 2 and further restraining the respondent no. 3 from acting upon the recommendation of the respondent no. 2 in selecting the chief executive of the bank pursuant to such purported proceedings.3. the case as made out by the appellant .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN697
..... contemplated either by the agreement or by the letters aforesaid, it submitted, the contractor cannot claim any compensation. reliance was placed upon section 55 of the contract act, and the several terms and conditions of the agreement, including clauses 58 and 59 of the andhra pradesh detailed standard specifications (apdss). it denied that the ..... 59, the contractor is precluded from claiming any compensation on account of delays or hindrances arising from any cause whatever, including those arising on account of the acts or omissions of the departmental authorities....13. in the present case an identical stipulation was not brought to our notice. in the absence of such a ..... stipulation in the contract we are unable to examine applicability of section 55 of the contract act without exercising appellate jurisdiction which the law has not bestowed upon us.14. for the aforesaid reasons we are of the view that submissions urged by mr .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(3)CHN79
Manik Mohan Sarkar, J.1. This is an application under Article 227 of the Constitution of India. This application has been directed against the order No. 55 dated 11.07.2006 passed by the learned 1st Assistant District Judge at Barasat in title Suit No. 383 of 1994.2. Petitioners' case is that Mrityunjoy Ghosh & others, opposite parties in the present application filed Title Suit No. 383 of 1994 being a suit for partition and for declaration that the ex parte decree dated 08.09.1982 followed by final decree dated 03.11.1992 in Title Suit No. 127 of 1997, as collusive, fraudulent, null and void, inoperative and not binding upon them. There were many co-sharers/parties including the plaintiffs totally numbering 23 persons in that suit before the learned 1st Assistant District Judge, Barasat. The plaintiff No. 8 in the suit, Gourrani Ghosh and the plaintiff No. 9 Nabanita Ghosh died and the present opposite party No. 1 & others filed application under Order 22 Rule 9 of the Code of Civil P...
Tag this Judgment!Court : Kolkata
Reported in : 2008(2)CHN165
..... had made certain structures outside the said 4 to 5 cottahs of land, inducted tenants and collected rents from alleged tenants at times unauthorisedly and illegally, such acts could not have conferred any right on the said sachindra nath ghosh. the respondent no. 1 in this appeal has not based his claim on adverse possession ..... 18. the next point urged by the learned advocate for the respondent no. 1 sachindra nath ghosh, was that the agreement for sale, as aforesaid, was acted upon by the parties and accordingly debi prasanna ghosh delivered possession of the suit property to sachindra nath ghosh, sachindra nath ghosh made construction thereon and also inducted ..... proved in accordance with law and that it is a genuine document and not forged. according to the said learned advocate the aforesaid agreement for sale was acted upon, possession of the property in dispute was delivered to sachindra nath ghosh by the said debi prasanna ghosh and that sachindra nath ghosh accordingly made .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN567,2008(2)CTLJ321(Cal)
..... in favour of the consortium of the petitioners being the only eligible bidder;(b) a writ in the nature of mandamus commanding the respondent nos. 1 to 2 to strictly act in terms of the terms and conditions of the tender advertisement published in april, 2006 and in terms of the general condition of tender and conditions of contract of the .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN442
..... government has all pervasive control over lic and the building of the lic is a public premises within the meaning of public premises (eviction of unauthorised occupants) act, 1971. we have however allowed the application not because lic is a public sector undertaking but because there was an error apparent on the face of record ..... such an application, the court will only consider whether such application is filed within a reasonable time and in the process, the period prescribed in the limitation act for filing a similar application under the provision of the code of civil procedure may be treated as guideline for deciding whether such application has been filed within ..... a review of an order dated 5th december, 1995 under the guise of clarification and/or modification and/or variation, which is not permissible.(ii) the lic had acted in furtherance and in terms of order dated 5th december, 1995 and is, therefore, estopped from assailing the said order.(iii) the lic should not be allowed .....
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