Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 Court: kolkata Page 10 of about 3,365 results (0.048 seconds)

Bishnu Krishna Shrestha Vs. Union of India (Uoi)

Court : Kolkata

Reported in : 1987(11)ECC385,1987(27)ELT369(Cal),[1987]168ITR815(Cal),[1987]67STC209(Cal)

..... --(1) if any officer of enforcement, not below the rank of an assistant director of enforcement, has reason to believe that any documents which, in his opinion, will be useful for, or relevant to, any investigation or proceeding under this act, are secreted in any place, he may authorise any officer of enforcement to search for and seize or may himself search for and seize such documents. ..... it was, however, further observed that even assuming that the search and seizure were in contravention of the provisions of section 132 of the income-tax act, still the material seized was liable to be used subject to law before the income-tax authorities against the persons from whose custody it was seized. ..... in the case of ramkishan shrikishan jhaver : [1968]1scr148 , it was argued that the power to search residential accommodation was unconstitutional under the madras general sales tax act, because it imposed unreasonable restriction on the right of the petitioner to hold property and to carry on trade. ..... the search may be entirely unlawful and the seizure may be in contravention of the act, but the petitioner is not entitled to any legal remedy because of the fact that the documents which have been unlawfully seized will be useful for the purpose of an investigation against the petitioner.86. .....

Sri Sankar Ghosh and ors. Vs. Sri Rakshit Kumar Ghosh and ors.

Court : Kolkata

Reported in : (2002)2CALLT147(HC)

..... sons of the brothers' transferred their shares to a third party and in such circumstances it was held that the mischief of second paragraph of section 44 of transfer of property act will come into operation against the vendee in respect of taking possession of the house considering the balance of convenience, which was in favour of the plaintiff/appellant and interim mandatory ..... the head note of the said judgment has it as below : 'the elements which must co-exist to attract the operation of section 4 of the partition act, are, first, that the dwelling house should belong to an undivided family; secondly, that a share thereof should have been transferred to a person who is not a member of such ..... in determining whether a house is a dwelling house within the meaning of those words in section 4(1) of the partition act it has to be first found out whether the house in question was used by the members of the family for ..... bibhabati debi (60 cwn 871) in which it was, inter alia, held that the term 'house' in section 4 of the partition act embraces not merely the structure or building, but includes also adjacent buildings, curtilage, garden, court-yard, orchard and all that is necessary for theconvenient occupation of the ..... similarly, the properties will loose its character 'dwelling house' as contemplated in section 44 of the transfer of property act if the plaintiff fails to substantiate that those are necessary for the convenient use of their occupation and habitation on the structure .....

Samir Ghosh Vs. State of West Bengal

Court : Kolkata

Reported in : (2000)3CALLT566(HC),2000(2)CHN583

..... satisfied at the trial of the caseabout due compliance with the requirements provided in section 50- nopresumption under section 54 of the act can be raised against an accused,unless the prosecution establishes it to the satisfaction of the court thatthe requlremets of section 50 were ..... be produced to show that the said person was made aware of such right the law relating to ndps act and its application has been laid down by the hon'ble supreme court in the case of state of ..... basu, the learned advocate appearing for the appellant submits that the provision of section 52a of the act, 1985 is mandatory in nature and non-compliance with the provision of this section has rendered the ..... of origin and other particulars as the officer referred to in sub-section (1) may consider relevant to the identity of the narcotic drugs or psychotropic substances in any proceedings under tills act and make an application to any magistrate for the purpose of- (a) certifying the correctness of the inventory prepared; or (b) taking. ..... referred to above it becomes clear that in view of the mandatory provisions of section 50 of the ndps act, the accused is to be informed that he has got a valuable right to be searched in presence of ..... basu draws the attention of the court to the provision of section 52a(2) of the said act which runsas follows :-'where any narcotic drug or psychotropic substance has been seized and forwarded to the officer-in-charge of the nearest police station or to the officer empowered .....

Miss. D. Ennis Vs. M/S. Calcutta Vyapar Pratisthan Ltd. and Another

Court : Kolkata

Reported in : AIR1991Cal152

..... 11(1)(i) proviso and 12 of jammu and kashmir houses and shops rent control act, 1966 was by registered post and this naturally attracted the presumption of service ..... 27 and 28 of the central and the state general clauses act, respectively will not be available to the service of the notice by post and he refers shahariyar baig ..... of the rajasthan premises (control of rent and eviction) act, 1950 which makes even mere parting of possession a ground ..... 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 transfers, assigns or sub-lets in whole or in part the premises ..... in these two decisions that the presumption of service of a notice sent by post as per the provisions of the central and state general clauses act will not be available to a notice sent under s. ..... section 13(6) of the west bengal premises tenancy act requires that the landlord should 'give' a notice to the tenant before filing the ..... 13(6) of the west bengal premises tenancy act, 1956 was not served upon the appellant and it is also urged that the materials on record do not establish that the disputed premises had been transferred by the ..... 13(6) of the west bengal premises tenancy act which was legal, valid and sufficient in this case had been duly served upon the appellant; (2) that the appellant had been a defaulter in the matter of payment of rent since august 1966, .....

Mahadeo Prasad Vs. Sm. Sulekha Sarkar

Court : Kolkata

Reported in : AIR1954Cal404

..... which, according to the appellant-tenant, constituted waiver of the notice to quit under section 113, transfer of property act or created a 'new tenancy' by holding over under section 116 of the said act was, as already sufficiently indicated, during the pendency of the ejectment appeal in the lower appellate court. ..... which requires consideration is whether the notice to quit has been waived under section 113, transfer of property act or a 'new tenancy' created by holding over under section 116 of the said act by the subsequent acceptance of rent and whether on that ground the decree for ejectment ought to be ..... the old tenancy and that its acceptance would necessarily have the effect of waiver of the notice to quit and revival or continuance of the said tenancy under section 113, transfer of property act or renewal of the old tenancy or the creation of a 'new tenancy' by 'holding over' under section 116 of the said ..... plaintiff landlady bona fide for her own use and occupation, namely, as a garage for her car and, upon such allegation, it was pleaded that the rent control act of 1948 which was then in force would not stand in the way of her getting of a decree for ejectment.3. ..... firm bal mukunda biseswar lall', air 1923 cal 663 (i), where at page 665 of the report the learned judges recognised that for cases coming under the rent control law illustration (a) of section 113, transfer of property act furnished no safe or absolute guide and in relation to such cases they expressly .....

Birendra Nath Raha Vs. Mir Mahabubar Rahaman and ors.

Court : Kolkata

Reported in : AIR1947Cal332

..... for land improvement, interest and costs', the list is also inaccurate in so far as it describes such loans as 'declared realisable, under the certificate procedure' by section 7, land improvement loans act, 1883, for the provision referred to only says that the loans are recoverable as arrears of land revenue, but does not say that they are recoverable under the certificate or any other procedure. ..... the property to be sold and the property on account of which the arrears are due, must both be estates, but clause (d) of section 7(1), land improvement loans act, contemplates some procedure which is applicable to the sale of all kinds of immovable property for arrears of land revenue due on some other land. ..... true that the word used in the clause is not 'revenue' but 'land-revenue,' but the difference is immaterial, since under the revenue sales acts, the procedure for the recovery of revenue and land-revenue out of the property in respect of which they are due, is the same. ..... contended lastly that in any event, the collector had jurisdiction to sell the lands under section 7(1), land improvement loans act and if he had sold them by a wrong procedure, he had, at the worst, committed an irregularity, which could be no reason for setting aside the sale unless the plaintiffs proved, as section 33, revenue sales act, 1859, required, that they had sustained substantial injury by reason of the irregularity and had taken the ground in ..... of the decision of this court in bal mokoond lal v. .....

Zonal Manager, Central Bank of India and ors. Vs. Devi Ispat Ltd. and ...

Court : Kolkata

Reported in : 2010(5)LW151

..... has been perpetrated or not is basically a question of fact and should not be adjudicated in a writ-application but at the same time, when a 'state' within the meaning of article 12 of the constitution of india, who is supposed to act fairly, after acknowledging 'no liability' of a citizen retains the security and does not answer or allege fraud in spite of demand, a writ-court is entitled to give relief to a citizen if it appears that the said 'state' is a ..... security documents and issue no objection certificate and no due certificate pertaining to the petitioner-company's account with the burrabazar branch of the respondent-bank to the petitioner-company which they have not released acting in a mala fide manner, without any further delay and after complying with all formalities;b) a writ of and/or writs in the nature of certiorari be issued directing the respondent authorities concerned and ..... reported in : air 2007 sc 2414 made while considering the effect of an order which is sought to be avoided as nullity:it is well settled that no order can be ignored altogether unless a finding is recorded that it was illegal, void ..... reported in : (2007) 4 scc 221 where it was held that a judgment, decree or order obtained by practising fraud on court is a nullity in the eye of law and such a judgment, decree or order, passed by the first court or by ..... reported : (2007) 10 scc 712, the high court described the policy of the appellant to be arbitrary but in the writ-application the legality .....

Hindustan Steelworks Construction Limited Vs. P. Sethian

Court : Kolkata

..... the petitioner asserts that the arbitrator could not have held contrary to the order made on the petition under section 34 of the 1940 act and upon the arbitrator having disregarded the major head of the petitioner's claim, the entirety of the award has to be set aside.9 ..... the parties have relied on some additional papers spiral-bound in two volumes which include, inter alia, a copy of the application under section 34 of the 1940 act; a copy of the petitioner's claim; a copy of the contractor's statement of claim in the reference; and, a copy of the petitioner's counter statement of ..... the contractor will also be entitled to simple interest at the rate of 18 per cent per annum on the sum of ld 159,453.072 from december 31, 2007 till today and on ld 159,453.072 at the rate of six per cent per annum till realisation. ..... several more meetings must have been held before the award came to be made on december 31, 2007, nearly 15 years and 360 sittings after the reference commenced before the arbitrator.3. ..... respondent is, however, entitled to interest at the same rate on the amount of the counter claims awarded from the date of the award, that is, 3 1-12-2007 until decree or realisation thereof whichever is earlier.17. ..... 1,76,230.42 from 31st december, 2007 the date of signing the award till the decree and/or realisation thereof whichever is earlier ..... reference meandered through more than 356 sittings (the minutes of such sitting held on january 16, 2007 appear at pages 53-60 of the petition). .....

Bindeswar Shaw Vs. Coal India Limited and ors.

Court : Kolkata

..... the only requirement of law is that the findings in the report must have the support of reasons, though not in great detail but reflecting application of mind, while linking the misconduct/offending act alleged to have been committed with the delinquent.14. ..... above all, the allegation levelled against the petitioner could not have been said to be proved since during his duty hours he did not commit any act for which he should have been held responsible. ..... the finding given by the enquiry officer if accepted on face value at the highest reveals that the petitioner indulged in overt acts prior to start of his duty/shift. ..... anand acharya : (2007) 9 scc 310 deals with extent of power in exercise of judicial review to interfere with an order of penalty passed pursuant to disciplinary proceedings. ..... george philip : air 2007 sc 705. ..... provisions of the evidence act are not applicable in respect of a domestic enquiry and the charge need not be proved beyond reasonable doubt. ..... every act or omission on the part of the delinquent cannot be a misconduct. .....

Mamata Banerjee (Chatterjee) Vs. State of West Bengal and ors.

Court : Kolkata

..... enquiry report to the petitioner on 28.7.2006 appears to be an infructuous exercise regard being had to the fact that the managing committee of the school without granting opportunity to her to persuade it not to act on the enquiry report had already resolved on 26.7.2006 to issue notice on her to explain why she shall not be dismissed from service. ..... the board conveyed the decision of the committee constituted under section 24 of the west bengal board of secondary education act, 1963 (hereafter the act) approving the proposal of the school to initiate disciplinary proceedings against the petitioner, provided there is no contrary order ..... two paragraphs of the letter read as follows:the committee constituted under section 24 of the act finds that the papers submitted by the school authorities are more or less in order in ..... the managing committee of the school) to attend meetings despite being put on notice, non-cooperation with the managing committee, insubordination, behaviour unbecoming of a headmistress, violation of management rules, 1969, acting in a manner detrimental to the interest of the school in general and the students in particular, etc.4. ..... the order of the board/the committee constituted under section 24 of the act either approving the proposal or declining to approve the proposal must be supported with some reasons reflecting application of mind in ..... dismissed from service by an order dated 10.2.2007 issued by the secretary of the managing committee ..... dated 22.1.2007, the .....