Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 6 enrolment Sorted by: old Court: kolkata Page 90 of about 2,482 results (0.320 seconds)

Bhaskar Tea and Industries Ltd. Vs. State

Court : Kolkata

Reported in : 2008(1)CHN298

..... criminal law does not fall within the said prohibition'. in bashcer alias n.p. basheer v. state of kerala : 2004crilj1418 , their lordships observed, 'if the act had contained any provisions to the detriment of the accused, then undoubtedly, it would have been hit by the rule against post facto legislation contained in article 20(1 ..... made applicable to the offences which were committed before the decision came into being. it is argued with an analogy that employees' provident fund and miscellaneous provisions act, 1952 provides for punishment in case payment of provident fund dues is not made within the statutory period of time. there was a decision of this high ..... almost disappeared with regard to all classes of statutes, so that all statutes, whether penal or not, are now construed by substantially the same rules. 'all modern acts are framed with regard to equitable as well as legal principles.' a hundred years ago, said the court in lyons' case, statutes were required to be perfectly .....

Vijay Kumar Arya and ors. Vs. the Board of Trustees for Time Being for ...

Court : Kolkata

Reported in : (2008)1CALLT410(HC)

..... was taken by the government without giving any opportunity to the appellant and without following the procedure prescribed by the tamilnadu public premises (eviction of unauthorised occupants) act, 1975. the writ petition was allowed by the learned single judge of the high court. however, the decision was upset in appeal. the division bench upheld ..... licence and held that resumption of possession of land by the government without taking recourse to the provision of the tamilnadu public premises (eviction of unauthorised occupants) act was not necessary. although, the apex court did not ultimately interfere since possession of the land had already been taken, it did not approve the manner ..... and before no other authority, and that if the notice to quit perishes on the ground of constitutional invalidity, the estate officer under the p.p. act has no authority to initiate proceedings for eviction. that would be similar to an eviction suit or a complaint being incompetent in the absence of a .....

Sayed NasiruddIn Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2008(1)CHN1066

..... witnesses are mutually exclusive and the ld. trial court ought to have come to a contrary findings and it wrongly applied the presumption under section 113b of the evidence act.11. ld. advocate for the state respondent argued with reference to the evidence of the witnesses that the ld. trial court upon appropriate analysis of evidence of ..... is well-settled that demand of money after solemftization of marriage also comes within the purview of definition of dowry as provided in section 2 of the dowry prohibition act, 1961. it is fairly established that soon before her death the victim was subjected to cruelty or harassment and that too in connection with the demand of dowry ..... 11. the village meeting and the death of the victim has no long distance to be travelled. in the circumstance, presumption arising out of section 113b of the evidence act fully operates and the defence could not rebut the statutory presumption. in the decision in harjit singh v. state of punjab 2006 c cr. lr(sc) 414, .....

Heinz Italia S.R.L. and Heinz India Pvt. Ltd. Vs. Dabur India Ltd., S. ...

Court : Kolkata

Reported in : 2008(1)CHN508,2008(36)PTC638(Cal)

..... is a genetic mark and the respondent has legitimate and statutory right to use thereof permitted by section 30(2)(a) as well as section 35 of the trade marks act, 1999. dabur glucose-d packaging which is the subject matter of the present proceeding is not similar to the dabur glucose-d packaging, subject-matter of gurgoan suit. according to .....

Sone P. Walvekar Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2008(1)CHN493

..... responsible to it in regard to its functioning; and as in the instant petition of complainant such pleading is totally absent, and as therein no specific overt act has been attributed to the petitioner regarding involvement of the petitioner in the commission of the alleged offence the continuance of the proceeding before the learned magistrate ..... opinion that necessary averments ought to be contained in a complaint before a person can be subject to criminal process. a liability under section 141 of the act is sought to be fastened vicariously on a person connected with a company, the principal accused being the company itself. it is a departure from the rule ..... it was dealing with a contention that although no direct averment was made as against the appellant of the said case fulfilling the requirements of section 141 of the act but there were other averments which would show that the appellant therein was liable therefor.10. in monaben kctanbhai shah v. state of gujarat : 2004crilj4249 , .....

Khirod Kumar Mahapatra Vs. State of West Bengal and anr.

Court : Kolkata

Reported in : 2008(2)CHN153

..... punjab : 1959crilj392 , the five-judge bench of the hon'ble supreme court was considering whether a proceeding before the sea custom authority under section 167(8) of the sea customs act are not 'prosecution' within the meaning of article 20(2) of the constitution and their lordships held that the mere fact that the customs authorities confiscated the goods and inflicted ..... a penalty on the persons does not bring into operation the provisions of article 20(2) so as to prevent prosecution under section 167(8) of the act. here in our case the accused was not prosecuted at all in the earlier case and he was discharged from the case by virtue of section 167(5) of the .....

Tea Board and anr. Vs. Rasamoy Roy and ors.

Court : Kolkata

Reported in : 2008(1)CHN1,[2008(116)FLR614]

..... time, it shall be deemed that the petitioner without prejudice to his rights in the pending inquiry has been compulsorily retired from tea board.10. the appellant acted upon the said order dated 8.12.2000 and since the earlier enquiry officer expressed his unwillingness to proceed with further enquiry, another inquiry officer namely, ..... reads as below:1. shri v.k. khanna, ias, while posted as chief secretary to government, punjab, issued two notifications in the delhi special police establishment act empowering cbi to inquire into the two matters viz.:(i) amassing assets disproportionate to the known means of income by shri bikramjit singh, ias; and(ii) allotment ..... of land and funds to the punjab cricket association.cbi registered firs in these two cases. in processing these cases, shri v.k. khanna, ias, acted in a mala fide manner and in gross violation of established norms and procedures of government functioning and in utter disregard of all-india service rules, principles of .....

Kishwar Jahan and anr. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2007(4)CHN526,2008CriLJ1766

..... writ petition cannot supplant the normal process of remedy under the law. moreover, no case has been made out that the law enforcing machinery of the state has failed to act. questioning the maintainability of the writ petition, it was submitted that entertaining the same would be against the spirit of article 14 of the constitution of india. referring to the ..... of unnatural death was reported by the petitioner no. 2 to the kareya police station which was an information under section 157 of the code, yet the police failed to act. the provisions of sections 157, 158 and 159 were not adhered to. the petitioners were thus deprived of an enquiry by a magistrate. submission has also been made that though .....

Soham Impex Pvt. Ltd., Shri Vs. Commr. of Customs (Airport and

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

..... amounts nor they have reported compliance. as such, both the appeals are dismissed for non-compliance with the direction of predeposit read with provision of section 129e of the customs act, 1962.2. as regards, customs appeal no. cdm-210/04 filed by shri debabrata das, shri a.c. tikadar, ld. consultant appearing for the appellants states that the appellant was ..... what was going on, but once he had access to the documents as proof of discrepancy, he had the knowledge about the illegal act of misdeclaration, hence he is liable for penalty under section 112 of the customs act, 1962.3. after hearing both sides and perusing the case records, we find that the ld. adjudicating commissioner has a adequately dealt with .....

Sainik Mining and Allied Services Vs. Commr. of Central Excise, Custom ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta

Reported in : (2008)13STJ241CESTAT(Kol.)kata

..... under the category of cargo handling service. we have, therefore, no hesitation in our mind to hold that the definition of cargo handling service under the finance act, 1994, does not include the kind of activities undertaken by the appellants and hence the same are not chargeable to service tax. we also find that there ..... referred to hereinabove.6. as we had noted in the case of m/s itw india ltd. (cited supra), the cargo handling service under section 65(21) of the finance act, 1994, means - (i) loading, unloading, packing or unpacking of cargo, and includes - (ii) cargo handling services provided for freight in special containers or for non-containerised ..... is to bring to your notice that right from the coal face to railway siding everything in between (inclusive both) constitute 'mine' as defined by the mines act. something going out of mines by conveyance to end user or something coming into mines by conveyance from suppliers may constitute cargo but not something moved from place to .....