Court : Kolkata
..... brothers and the sister. the defendant no.2 did not sign the document. in any event of the plaintiff in his evidence established that the memorandum of understanding was not acted upon and not given effect to. considering the evidence on record the plaintiff was entitled to a decree in terms of prayers (a) and (b) of the plaint. ..... defendant no.2 did not join the memorandum of understanding and did not sign the same. in any event, according to the plaintiff, the memorandum of understanding was never acted upon and put to execution. so far as the firs.floor flat was concerned it was submitted on behalf of the plaintiff that, the plaintiff was in occupation of such ..... years old. it should be presumed that the signature or any of the other part of such document was proved under the provisions of section 90 of the indian evidence act, 1872. the original deed of lease was in the custody of the plaintiff. the original deed of lease being lost the plaintiff was entitled to produce a certified copy .....
Tag this Judgment!Court : Kolkata
..... and such recognition should carry with it the rights of negotiation, correspondence and interviews on the lines laid down in section 28f(1)(2) and (4) of the trade unions act. the constituent unions were also given similar rights, privileges and obligations. by referring to paragraph 589 of the sastry award, it is submitted that the detailed draft industrial relation policy ..... constitution of india [(articles 19(1)(a)&(b)].the said convention stipulates that workers shall enjoy adequate protection against the act of anti-union discrimination in relation to their employment, that workers and employers organization shall enjoy adequate protection against any act of interference by each other or each other s agents or members in their establishment, functioning or administration, and that .....
Tag this Judgment!Court : Kolkata
..... the order of winding up in december, 2008. therefore, the restructuring proposal of the central government could not be implemented under section 25(o) of the industrial disputes act, 1947 as pursuant to order dated 18th november, 2009 the winding up order revived and the official liquidator took possession of the registered office so also all books, ..... on 30th september, 2009. the restructuring proposal specifically provided for winding up of the company (in liquidation) and kdcl. kdcl was wound up under the industrial disputes act, 1947 but not the company (in liquidation).as per the restructuring proposal some of the employees who did not retire or had not died were absorbed by omdc. ..... the winding up of kdcl and the company (in liquidation) are under two separate and distinct acts and while under the 1956 act on the passing of a winding up order it is the official liquidator who takes possession of the books, records and properties so also assets .....
Tag this Judgment!Court : Kolkata
..... unaffected so also the default clause contained in orders dated 18th april, 2012 and 18th july, 2012. in view of the aforesaid this application is disposed of. all parties to act on a photostat signed copy of this order on the usual undertakings. ( patherya, j.) pa
Tag this Judgment!Court : Kolkata
..... letter dated 21st january, 1996 which has been relied on tantamounts to creation of mortgage. the said document has not been registered under section 17 of the registration act and therefore will create no mortgage. no interest rate has been prescribed nor maturity date mentioned. the original title deed is not on record. therefore, the ..... notice. in opposing the said application creditor atal has submitted that the document dated 21st january, 1996 will require no registration under section 17 of the registration act as there was an existing loan and security was also created for future loan. this is essential to signify the intent of the parties, as per the ..... the ooty property has been mortgaged to the company [in liquidation].and to ascertain the creation of that mortgage the provisions of section 446(2) of the companies act be invoked. counsel for the official liquidator submits that the ooty property was mortgaged to the company [in liquidation]., according to the deposition of mr.p.k .....
Tag this Judgment!Court : Kolkata
..... the advocate on record for the plaintiff/petitioner to communicate this order to the defendants by fax/e-mail or any other mode of swift communication. all parties concerned to act on a signed photocopy of this order upon the usual undertakings. g/ (i.p.mukerji, j.)
Tag this Judgment!Court : Kolkata
..... therefore, does not find any exigencies for passing ad interim order at this stage. furthermore, even after taking out an application under section 17 of the said act in the month of november 2013, the arbitral tribunal has not passed any ad interim order of injunction and directed the parties to exchange their affidavits. this court ..... tribunal to proceed with the arbitral proceedings. before an arbitral tribunal an application under section 17 of the said act was taken out by the petitioner on 18.11.2013. the directions were passed for filing affidavits by the respective parties and thereafter the matter was fixed ..... arose between the parties and the matter is referred to the arbitral tribunal constituted by the hon ble chief justice under section 11 of the arbitration and conciliation act, 1996. though the respondents have assailed the said order before the supreme court but there is no interim order granted which may put fetter on the arbitral .....
Tag this Judgment!Court : Kolkata
..... and would not in any manner affect the eligibility and entitlement of those who had qualified the examination held under the 1984 regulations for grant of licences to act as customs house agents. the saving clause contained in the opening paragraph of the 2004 regulations unmistakeably show that while enacting the new regulations, the board did ..... respondent no.1, submitted that the writ petitioner-respondent no.1 has the requisite qualification. he passed the 146(1) of respondent necessary the no.1 examination customs act. obtained he the conducted submitted necessary under that section once the qualification, his right to practice in any part of the country cannot be denied. he also drew ..... ) in paragraph 16 of the judgment which reads as follows: 16. the matter regulations another angle. the section 146(2) of the deserves customs to framed act be by are considered the in board the from under nature of delegated legislation. the language of that section and other provisions of the customs .....
Tag this Judgment!Court : Kolkata
..... with copies circulated to the appearing parties. list this application as for order on 21st february 2014. the collector and district magistrate, concerned mining officer and all parties are to act on a signed photocopy of this order on the usual undertakings. (i.p.mukerji, j.) r. bose ar(cr)
Tag this Judgment!Court : Kolkata
..... mr.chaubey is taken on record. let photocopies thereof, certified by the assistant registrar [court].be circulated to any learned advocate acting for the parties. let these matters appear in the list in the usual course. all parties concerned are to act on a signed photocopy of this order on the usual undertakings. (i. pkd. a.r.[c.r.].p.mukerji, j .....
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