Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 Court: kolkata Page 100 of about 3,365 results (0.055 seconds)

National Insurance Co. Ltd. Vs. Tara Sundari Devi and ors.

Court : Kolkata

Reported in : 2007ACJ1441

..... question involved in this appeal as to whether in the application under section 163-a of the motor vehicles act, the brother and sister of the victim guided as per hindu succession act, 1956, could be entitled to be the claimants due to existence of sole legal heir mother of victim, in view of the statutory provision as stipulated under section 163-a of the said act that the claim application should be filed by the 'legal heirs' of the victim and further on the ..... of india : air1992sc248 , which has been followed and applied in the compensation case under the motor vehicles act in nagappa : air2003sc674 , on approving the views passed in the case general manager, kerala state road ..... -where any claims tribunal allows a claim for compensation made under this act, such tribunal may direct that in addition to the amount of compensation simple interest shall also be paid at such rate and from such date not earlier than the date of making the claim as it ..... it appears from the judgment the applicability of section 171 of the motor vehicles act, 1988, was not considered by learned tribunal below at all though under the statute the learned tribunal below was cast with the responsibility to ..... for compensation under sub-section (1), the claimant shall not be required to plead or establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful act or neglect or default of the owner of the vehicle or vehicles concerned or of any other person. .....

Nirmal Bhowmik Vs. Smt. Safala Das and anr.

Court : Kolkata

..... he also contended that so far as the registration of the marriage under the special marriage registration act is concerned, the so-called marriage certificate cannot be looked into because the same certificate suffers from infirmities. ..... is of a summary nature and so the wife is not required to prove every details of the marriage which is required in a proceeding under divorce act or sections 494, 495, 497 & 498 of the i.p.c. ..... when the wife has proved some sort of ceremonies according to the provisions of the hindu marriage act, the marriage should be treated as complete. ..... the marriage certificate (exhibit - 2) also lends support that the marriage between the two was held on the same day under the provisions of the special marriage act. ..... it also does not contain the address of the witnesses violating the provisions of the said act. ..... all the formalities of the marriage according to hindu customs and rites were not observed and so there was no marriage at all between the two under the provisions of the hindu marriage act. ..... it was also registered on that very day under the special marriage act. .....

Sasanka Sekhar Basu Vs. Miss Dipika Roy

Court : Kolkata

Reported in : AIR1993Cal203,(1993)1CALLT226(HC),1993(2)CHN179,97CWN578,II(1993)DMC74

..... the special marriage act, the christian marriage act and the parsi marriage act and contended that it will appear from the aforesaid acts as also the hindu marriage act that the legislature specifically intended that each of such acts except the special marriage act, would be applicable only to persons of the particular religion specified in the said act and it is only under special marriage act persons professing different ..... together, or (iv) the petitioner is residing at the time of the presentation of the petition, in a case where the respondent is, at that time, residingoutside the territories to which this act extends, or has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of him if he were alive.' 16. ..... whether the defendant opposite party was not a hindu within the meaning of hindu marriage act and that the plaintiff petitioner came to know subsequent to the marriage that defendant opposite partyallegedly is a christian and whether there can be a marriage between a hindu and a christian under the hindu marriage act under the facts and circumstances of the case, i am of the view that ..... not otherwise, as would be evident from the very language of the section itself, which is quoted hereunder :--'every petition under this act shall be presented to the district court within the local limits of whose ordinary original civil jurisdiction- (i) the marriage was solemnized, or (ii) the respondent, at the time of .....

Md. Joynal AbedIn Vs. State of West Bengal and Others

Court : Kolkata

Reported in : AIR1990Cal193,(1991)1CALLT94(HC)

..... that in keeping with the judgment of the high court, it is necessary to accept the special constitution of the institution as set forth by the trust deed and the deed of declaration of the trust registered under societies registration act, 1860 which this school enjoyed for years together and he prayed for the special constitution for the management of the institution. ..... in the first place, there is some evidence that the trust was created in 1850, that is long before the trust act, 1882 came into force. ..... opened the residential high school and madrasah in the name of the anglo-oriental institution and madrasah in 1914 with a set of special rules and regulations and registered it as public educational society under societies registration act, 1860 on 17th dec. ..... 5 of the trust act, 1882 as the trust was not created by any testamentary instrument in writing signed by the author of the trust or the trustees and registered, or by the will of the author of the trust or of the trustees it was not a valid ..... of the case, in short, is that the magrahat muslim anglo-oriental institution and madrasah was created in 1850 and was fortified with a set of special rules and regulations duly registered under the societies registration act, 1860. .....

Hindusthan Lever Limited Vs. Tata Oil Mills and Allied Companies Karma ...

Court : Kolkata

Reported in : [1996(73)FLR1154],(1997)IIILLJ685Cal

..... enforcement of rights and obligations created by enactments like industrial employment (standing orders) act, 1946 - which can be called 'sister enactments' to industrial disputes act, and which do not provide a forum for resolution of such disputes, the only remedy shall be to approach the forums created by the industrial disputes act within the meaning of section 2(k) and section 2-a of industrial disputes act or where such enactment says that such dispute shall be either treated as an ..... orders framed under and in accordance with industrial employment (standing orders) act are statu-torily imposed conditions of service and are binding both upon the employer and employees, though they do not amount to 'statutory provisions', any violation of these standing orders entitles an employee to appropriate relief either before the forums created by the industrial disputes act or the civil court where recourse to civil court is open according ..... it is however, indicated that such matter squarely comes within the definition of 2(k) of the industrial disputes act which defines as follows :'industrial dispute means any dispute or difference between employers and employers or between employers and workmen and between workmen and workmen provided such dispute is connected with ..... indeed , the powers of the courts and tribunals under the industrial disputes act are far more extensive in the sense that they can grant such relief as they think appropriate in the circumstances for putting an end to .....

Vivek Bajoria and anr. Vs. the State and anr.

Court : Kolkata

Reported in : 2008(3)CHN809,2008CriLJ2793

..... the instant criminal revisional application the petitioner challenged an order passed by the learned metropolitan magistrate, 16th court, calcutta in connection with a proceeding under section 138 of the negotiable instruments act directing issuance of warrant of arrest against the present petitioners, enjoying exemption under section 205 of code of criminal procedure on his failure to appear in court on the date fixed for ..... it appears from the record of the proceedings relating to the case c3940 of 2007 under section 138 of the negotiable instruments act, now pending before the learned metropolitan magistrate, 16th court, calcutta, the learned court by its order dated may 30, 2007 and thereafter by another order dated july 31, 2007 allowed the petitioners application under section 205 of the code of criminal procedure and thereby exempted ..... it would not be out of place to mention that according to the mandate of section 143(3) of the negotiable instruments act every trial relating to an offence punishable under negotiable instruments act be concluded as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of filing of the complaint.urgent xerox certified copy of this judgment, if applied ..... thereafter, the date fixed for plea was deferred to december 13, 2007 as on that day the petitioners were not present in court on the prayer of the complainant the learned magistrate issued warrant of arrest against them although they were .....

Tuna Alias Profulla Mondal Vs. State of West Bengal and anr.

Court : Kolkata

Reported in : 2009CriLJ1996

..... .heard the learned defence lawyer who after filing school leaving certificate submits before me that according to school leaving certificate, this accused is aged 15 years 2 months and hence he will be protected under juvenile justice act, 1986.perused the certificate that discloses that this accused is a minor.ld. a. p.p. ..... therefore, the trial so far as the accused appellant tuna mondal is vitiated since the trial of the said juvenile along with the adult, accused persons cannot be held in terms of section 24 of juvenile justice act, 1986.17. mr. .....

Commissioner of Income Tax Vs. Kamal Singh Rampuria

Court : Kolkata

Reported in : AIR1966Cal454

..... going the length of saying that the said supreme court decision in : air1962sc1314 is on a level with the case under section 66a2) of the income-tax act thefollowing principles of fitness of the grant of a certificate arising out of a case under section 66a(2) of the income-tax act, might be equally applied in appropriate oases, which are:(1) when a question is fairly and really arguable and not at all free from difficulty, (2) when ..... finding of fact made by the tribunal cannot be interfered with by the court, but we consider that a finding on a question of fact regarding the aforesaid matter is open to attack under section 66 of the act as erroneous in law, as we find thatthere is no evidence to support it and it is perverse as it has been reached without due consideration of the several matters discussed above for such a determination. ..... the supreme court of india and of different high courts arising out of cognate provisions of sections 109 and 110 of the code of civil procedure (section 66a(3) of the income tax act makes it applicable), and the decisions arising out of article 133 of the constitution and section 66 of the income tax act, were cited in sup-port of the respective contentions of either side it is not pretended that the point raises no difficulty.25. ..... tax officer in the view that income had escaped assessment issued a notice under section 34 of the income-tax act to the assessee in march 1954 by which time the assessee had attained majority and had made a return in .....

Punjab National Bank Vs. Britannia Industries Ltd.

Court : Kolkata

Reported in : (2001)2CALLT219(HC),[2001]106CompCas293(Cal)

..... attorney holder is totally illegal and cannot bind pnb, the learned counsel further submitted that the power of attorney in this case must be construed strictly and if the power of attorney is so strictly construed, the acts of abd, in this case namely carrying on negotiation on behalf of metropolitan with britannia and in allegedly co-accepting the said bill is outside the purported authority conferred on abd under the satd power of attorney and ..... party by co-accepting a bill of exchange adds its credit to that of the drawee and represents to all holders in due course or intending holder in due course or persons dealing with such bill (intending such representation to be acted upon) that such bank or financial institution or party though not named as drawee on such bill may be treated as if it or he had been named as drawee and had accepted such bill and further undertakes an obligation to ..... was made ready on 15.02.83 by its banker, syndicate bank and was debited from britannia's account thus britannia acted with undue haste to part with the money on a transation in which time was never the essence and thus unnecessarily sustained a loss of interest on the aforesaid ..... be mentioned that the finding of the learned trial judge that pnb was acting as the agent of metropolitan and elgee is not based on any evidence ..... from that, the learned counsel submitted that the said power chart has not been acted upon by pnb inasmuch as admittedly abd is found competent to accept fixed deposit .....

Hindustan Lever Ltd. Vs. Tata Oil Mills and Allied Companies Karmachar ...

Court : Kolkata

Reported in : (1996)1CALLT178(HC),1996LabIC1446,(1996)IILLJ416Cal

..... question is whether a civil suit is maintainable and whether ad-interim injunction could be issued where proceedings under the land acquisition act was taken pursuant to the notice issued under section 9 of the act and delivered to the beneficiary the provisions of the act are designed to acquire the land by the state exercising the power of eminent domain to serve the public purpose. ..... or enforcement of rights and obligations created by enactments like industrial employment (standing orders) act, 1946-which can be called sister enactments to industrial dispute act - and which do not provide a forum for resolutionof such disputes, the only remedy shall be to approach the forum created by the industrial disputes within the meaning of section 2(k) and section 2-a of industrial disputes act or where such enactment says that such dispute shall be either treated as an industrial dispute ..... it is however, indicated that such matter squarely comes within the definition of section 2(k) of the industrial disputes act which defines as follows: 'industrial dispute means any dispute or difference between employers and employers or between employers and workmen and between workmen and workmen, provided such dispute is connected with the employment ..... the certified standing orders framed under and in accordance with industrial employment (standing orders) act are statutorily imposed conditions of service and are binding both upon the employer and employees, though they do not amount to 'statutory .....