Court : Kolkata
Reported in : (2006)3CALLT19(HC),2006(3)CHN348,2006CriLJ2934
..... and those were diverted to different places without utilizing the same in the manufacture of resultant export products in contravention of the exim policy and the customs act. with reference to the affidavit-in-opposition, it is pointed out by mr. kapoor that in spite of repeated summons the detenu never appeared before the ..... list. we find sufficient merit in the submission of mr. kapoor. although there appears to be delay of about nine and half months between the offending act and/or the registration of the case and date of passing order of detention, we find that such delay has been sufficiently explained. volume of records also ..... detention that though departmental proceeding and court proceeding were initiated against the detenu, the detaining authority was satisfied that it was necessary to detain him under the act. but, the records revealed that neither the court proceeding nor any adjudication proceeding were initiated when the detention order was passed. the division bench of bombay .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(4)CHN459,[2006(110)FLR606],(2006)3LLJ408Cal
..... to mr. sengupta, the tribunal framed a wrong question, which is reproduced hereunder:whether sri guhathakurta comes within the definition of workman of the industrial disputes act or whether he was holding the post of managerial nature?18. by posing a wrong question learned tribunal came to a wrong answer inasmuch as merely by ..... the learned tribunal after hearing the parties came to the conclusion that the appellant was illegally terminated from service without compliance with the provisions of the said act. learned tribunal also held that the order of termination is unjustified, learned tribunal further came to the conclusion that sri guhathakurta, appellant herein, had been ..... the learned tribunal came to conclusion that sri subir guhathakurta appellant herein, falls within the definition of the workman under section 2(s) of the said act and also held that the reference is maintainable in law issues referred before the learned tribunal are that (a) whether the termination of service of sri .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN807
..... advice or direction in the matter or administration of the resultant trust which is submitted is a question that can be decided under section 34 of the said act. the advice and/or direction sought are in relation to the management and administration of the trust property. while giving an opinion regarding management and administration of ..... petitioner is thoroughly misconceived, frivolous, illegal and is not permissible in law.17. he further drew our attention to sections 77, 78 and 83 of the trusts act and contended that the said trust has not been revoked by the testator or otherwise. therefore, section 78 has no manner of application in the facts and circumstances ..... of this case.18. he further submitted that the acts of the appellants are mala fide for the following reasons:(a) the retiring employees from time to time demanded their pensions and/or rate of pensions, which they .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(4)CHN870
..... in dock as the person who actually committed rape on her. she has also categorically stated that after the act was over, her mother was calling by taking her nick name. according to this witness, hearing that sound the accused fled away from that place and thereafter, ..... a vivid account of the alleged commission of rape on her by the accused/appellant. she has further stated that while the accused was trying to commit that act, she tried to raise alarm but she was prevented in doing so and she was threatened with dire consequences by the accused. this witness clearly identified the accused ..... her mother that the accused forcibly took her and her sister to the bush and thereafter, the accused committed rape on her. she also informed that due to such act of the accused she sustained pain in her vagina. hearing that, the complainant examined the vagina of her eldest daughter s. vijayalaxmi and found that there was swelling .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2006)101TTJ(Kol.)258
..... the question of exercising the powers "for the purpose of making an assessment" would arise. the power for initiation of proceedings as per the scheme of the act is very different from the power of making an assessment. therefore, the contention that the power of making an assessment or reassessment can only be exercised after ..... after 24th aug., 1998, all of which were partially complied or fully complied by the assessee.the assessee-company never filed a valid return under the act consequently only recourse available under law is the best judgment assessment under section 144. he submitted that time-limit for completion of assessment for 1997-98 was ..... court, jurisdictional high court, decisions of other high courts and decisions of other benches of the tribunals as well as non-consideration of express provisions of the it act, non-consideration of evidence placed on record, wrong mention of facts and law and miscarriage of justice by denying opportunity of being heard.the basis of above .....
Tag this Judgment!Court : Kolkata
Reported in : (2006)1CALLT240(HC),2006(2)CHN442,I(2006)DMC737
..... would not speak the truth. not only does an adverse inference arise against the prosecution for his non production in view of illustration (g) to section 114 of the evidence act, but the circumstances of his being withheld cast a serious reflection on the fairness of the trial.11. mr. bagchi next submits that there was absolutely no evidence to show .....
Tag this Judgment!Court : Kolkata
Reported in : 2005(2)CHN596
..... the matter of legislation in the field, keeping in mind the example of tamil nadu the department of municipal affairs, government of west bengal is contemplating to amend the municipal act making it compulsory to provide for rain water harvesting in structures/selected buildings in the municipal areas.12. we have no reason to dispute the bona fides of the state .....
Tag this Judgment!Court : Kolkata
Reported in : (2005)3CALLT101(HC)
..... case of biswanath poddar v. archana poddar reported in : air2001sc2849 , wherein it was held that if any sub-tenancy is created contrary to the provisions of the act, it becomes unnecessary for the landlord to impleaded the sub-tenant when he seeks to evict the original tenant on the ground of unlawful tenancy.22. by relying upon ..... a party to the ejectment suit. here in the instant case, the petitioner never claimed that the petitioner ever served any notice under section 16 of the said act upon the landlady within the prescribed time after the creation of such sub-tenancy.21. according to mr. mukherjee, the petitioner who is unable to show prima ..... 2 has not filed any written statement as yet in the said suit for eviction. accordingly, the petitioner felt that the defendant/opposite party no. 2 may be acting in collusion with the plaintiff to evict the petitioner from its lawful possession in the suit property.8. in the aforesaid circumstances, the petitioner herein filed this application .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(2)CHN58
..... observing that such entry was made by the concerned officer in the discharge of his official duties and, therefore, it is clearly admissible under section 35 of the evidence act. i must observe that this reported case too, is not relevant for deciding the question in issue, that is to say, whether the report submitted by the ..... learned advocate for the opposite party has referred to the case of madamanchi rameppa and anr. v. muthalura bojjappa reported in : [1964]2scr673 . head note (b):evidence act, 1872 section 77 - certified copy of public document is admissible in evidence without being proved by calling a witness, no objection raised to move either in trial court or ..... submitted by the police in connection with the aforesaid proceeding under section 145 cr. pc is certainly a public document within the meaning of section 74 of the evidence act. section 2(1)(h) cr. pc defines public officer, inter alia, to mean every officer in the service or pay of the government or remunerated by fees .....
Tag this Judgment!Court : Kolkata
Reported in : 2004ACJ826
..... united india insurance co. ltd, v. darshan kaur, 2001 acj 998 (p&h;)]. it is significant to mention that in the interpretation of the relevant provisions of the motor vehicles act and while appreciating the spirit of the same, it is clear that the third party means and includes all victims of a motor accident other than parties to the contract .....
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