Court : Kolkata
Reported in : [2007(115)FLR964],(2008)ILLJ509Cal
..... the matter again appeared before another circuit bench on january 9,2007 when the division bench recorded that since the application for condonation of delay stood dismissed by virtue of non-compliance of the order dated december 15, 2006 the appeal being barred by time should also be dismissed.6. ..... the appeal be placed for hearing before the circuit to be held in the month of june, 2007.can 17/2007 is disposed of.can 26/2007 is disposed of.can 43/2006 is also disposed of.17. ..... the order dated january 9,2007 is also recalled. ..... 17/2007 was thereafter filed for recall of the order dated january 9, 2007.8. ..... the workers' union entered into a memorandum of settlement with the management of wimco under section 18(3) of the industrial disputes act, 1947. ..... as such, the same was permitted to be withdrawn by order dated february 8, 2007.7. .....
Tag this Judgment!Court : Kolkata
Reported in : (2007)2CALLT647(HC),2007(2)CHN647,2008(230)ELT419(Cal)
..... 1 without payment of central excise duty such an allegation of suppression and fraudulent transaction, a question of fact shall automatically attract the extended period of limitation under section 11a of the act in the writ jurisdiction high court cannot embark upon enquiry of evidence as such an exercise is within the purview of the tribunal - the final fact finding authority the principles of law laid down in the judgment of the ..... evidence and, hence, perverse it appears that authorities relied on the purchase value and not on the consumption and though no impropriety was found in the rt 12 forms submitted from time to time, yet section 11a of the act was invoked to confer jurisdiction on the alleged ground that the petitioner no. ..... 1 under section 11a of the central excise act, 1944 (for short 'the act') and against the imposition of penalty of an equal sum under rule 173q of the central excise rules, 1944 and rule 25(1)(a) read with section 11ac of the act on several grounds.2. ..... reported in : 1999ecr296(sc) submitted since order passed by the commissioner of central excise is an appealable order under section 35b of the act, the writ petition is not maintainable. ..... 2 one of its directors - have challenged the order dated 11th december, 2006 passed by the commissioner of central excise bolpur commissionerate under the central excise act, 1944 confirming a demand of rs. .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(3)CHN760
..... and (3) prescribes that a court of metropolitan magistrate or judicial magistrate of the first class shall try offence punishable under this act and no court shall take cognizance of any offence punishable under this act or abatement of any such offence save on its own knowledge of the offence or police report of the facts constituting the ..... this section prescribes that any police officer may arrest any person who commits in his view any offence under this act or the rules or regulations provided that the name and address of such person are known to him and such person declines to give on ..... language of the section 620 is very clear as it starts with the words 'save as otherwise provided in this act no court shall proceed to the trial of any offence' and in the act itself it has been prescribed that a metropolitan magistrate may take cognizance on the basis of police report. ..... section 619a it has been laid down that except as otherwise provided in sub-section (1) no court shall take cognizance of any offence punishable under this act save on its own knowledge of the offence or police report of the facts which constitute the offence. ..... the learned municipal-cum-metropolitan magistrate, 3rd court, calcutta and is also directed against the order dated 5.3.2007 passed by the said learned magistrate rejecting the prayer of the petitioner for dropping the proceeding against him in view of the provisions of section 620 of the kolkata municipal corporation act (hereinafter called the k.m.c. .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(4)CHN71,[2008]141CompCas263(Cal),(2008)1CompLJ479(Cal)
..... after hearing the learned counsel for the parties and after going through the aforesaid provisions contained in the companies act, we find that according to section 19(1) of the act, no alteration referred to in section 17 shall have any effect until it has been duly registered in accordance with the provision of section ..... at this juncture, it will be profitable to refer to the provision contained in section 10(3) of the companies act, 1956 provides as follows:for the purpose of jurisdiction to wind up companies, the expression 'registered office' means the place which has longest been the registered office of the company during the six months ..... than three months time within six months preceding the filing of the application, the registered office of the company was within the jurisdiction of this state and therefore, in terms of section 10(c) of the companies act, the application for winding up was validly presented before this court.15. ..... (2) the certificate shall be conclusive evidence that all the requirements of this act with respect to the alteration and the confirmation thereof have been complied with, and thenceforth the memorandum as so altered shall be the memorandum of the ..... to the section 10(3), the provisions contained in sections 17, 18 and 19 of the companies act are also relevant and those are quoted below:17. ..... , the present appeal has been preferred challenging both the orders along with an application under section 5 of the limitation act for condonation of delay. .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(4)CHN576
..... mines and minerals has come to be occupied by the parliament and the state no longer is capable of enacting law relating to minor minerals as has been done under west bengal land reforms act, 1955 made under list ii of the seventh schedule and as the west bengal land reforms and tenancy tribunal cannot adjudicate any matter relating to rent and/or tax and/or land-revenue upon such ..... advance royalty without any claim of rent and/or surcharge on brickearth, a minor mineral;(c) a declaration, declaring that the state government, as a delegated authority under the mines and minerals (development and regulation) act 1957 has no legislative competence to claim any rent and/or surcharge on brickearth a minor mineral and the west bengal land reforms and tenancy tribunal has no legislative competence to decide any matter of rent/ ..... even though royalty surcharges and cess is being paid under the provisions of the west bengal minor mineral rules, 2002 and the cess act, but the state government by amending section 23 carried out in 2003, are trying to collect land-revenue for running the business which they ..... respondents, their men, agents, assigns and subordinates not to give any effect and/or further effect to the impugned rent charts made annexures p/1 collectively herein in respect of brickfields and further to act in accordance with law;(b) a writ in the nature of mandamus directing the respondents, their men, agents, assigns and subordinates to allow the members of the petitioner no. 1. .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN105
..... pursuant to the aforementioned advertisement and on the said day, the point argued by the learned counsel for the petitioner was that an advertisement published in a bi-monthly news magazine namely, 'juger khabar' on 16.2.2007 which was a friday was not proper at all and therefore, this court was of the view that the point argued appeared to be of some substance and therefore, directed the respondents to file their affidavits. ..... submits that the publication having been made friday, the only days that the candidates got notice of this advertisement to act for purposes of submitting the forms was half a day on saturday and on monday because the intervening days i.e ..... this deponent has further stated in paragraph 9 that in terms of section 16 of the aforementioned act, recruitment in terms of the advertisement of 1997, had to be made as those applications would be deemed to be valid as the process of selection, though initiated in 1997, could not be completed and upon scrutiny, 6791 applications out of 22,533 were ..... apart from the title of the act, section 4 of the 1959 act prescribes:(1) after the commencement of this act in any state or area thereof, the employer in every establishment in public sector in that state or area shall before filling up any vacancy in any employment in that establishment, notify that vacancy to such employment exchange as ..... be simply no in view of the fact that the 1959 act was related to compulsory notification of vacancies to the employment exchange. .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(2)CHN968
..... in connection with the said suit, the plaintiff/petitioner filed an application under section 26 of the hindu marriage act for an order for interim custody of the female child who is aged about four years.3. ..... 43 dated 2nd march, 2007 passed by the learned additional district judge, 7th court at alipore in misc. ..... , the opposite party herein, is directed to hand over the child to the mother/petitioner before the learned trial judge on 10th august, 2007 at 2.00 p.m.15. .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(3)CHN337
..... branch of medical science acquired from the universities of west bengal or from any other university/institution, equivalent qualification included in the first schedule, or the second schedule, or the third schedule in the indian medical council act, 1956 (107 of 1956);(ii) 10 years experience as professor/associate professor/reader of any medical college, out of which at least 4 years should be as professor in a department;(c) age: no age limit.directors mentioned in clause (b) of sub-rule (2) of rule 1:(a) method of recruitment ..... mes)/229/1m/159/95 dated, calcutta, the 3rd february, 1997.notificationin exercise of the power conferred by sub-section (1) of section 21, and with sub-section(4) of section 14, of the west bengal state health service act, 1990 (west bengal act 7 of 1990), the governor is pleased hereby to make the following rules regulating the manner of recruitment to the teaching administrative posts in the west bengal medical education service:rules(1) these rules may be called the ..... (b) (i) institute of post-graduate medical education and research, calcutta, and(ii) school of tropical medicine, calcutta.subject to provisions of the west bengal state health act, 1990 (west bengal act 7 of 1990), equivalent to all teaching administrative posts, mentioned in sub-rule (2) of rule 1 shall be made in the following manner:principals mentioned in clause (at of sub-rule (2) of rule 1;(a) method of recruitment;by promotion from the feeder posts of professors of different .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(4)CHN712,[2008]143CompCas551(Cal),(2008)4CompLJ305(Cal)
..... the principal question of law that has been urged is as to whether on an application for amendment of the petition in proceedings under sections 397 and 398 of the companies act, 1956, the company law board may permit all the amendments to be incorporated without assigning any reason therefor. ..... in the summary of the conclusion recorded at paragraph 31 of the report, it appears that if a matter was urged before the tribunal (under the income-tax act) and such matter was considered or not considered, in either case it would be a matter covered by the order of reference. ..... civil procedure code would not strictly apply, section 100 of the code would be more apposite than section 103 as the questions of law that are required to be raised in an appeal under section 10f of the companies act, 1956 are somewhat similar to the questions of law required to be raised in a second appeal under the code.6. ..... in that case, the supreme court was considering a reference under section 66(1) of the indian income-tax act, 1922 and the questions that can be considered in a reference. ..... it has the authority, in such jurisdiction, to hold that a perfectly legal act may, in the context, be inequitable or that an apparently illegal act is justified in the context or by necessity.12. ..... in giving no reasons in making the order, a question of law has arisen that can be taken up under section 10f of the act.the order impugned is set aside. ..... and 9.10.2007 and 10.10.2007 at 2.30 p. m.2 ..... adjourned to 8.10.2007 at 2.30 p.m .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)4CALLT455(HC)
..... issued on 1lth march, 2003, the judicial officer of the 3rd bench presidency small causes court, kolkata was designated by name as additional controller under sub-section 2 of section 38 of the said act, the proceeding for eviction was entertained by such additional controller in 2003 but ultimately when the said additional controller ceased to have any jurisdiction to try such a suit after the amendment came into operation ..... determination under section 49(1) is not a decree within the meaning of section 2(2) civil procedure code as no civil right is adjudicated under the said provision but the decision which is taken under section 30 of the said act amounts to a decree as legal right of the parties to a dispute has to be adjudicated by the court of ordinary civil jurisdiction under ordinary rules of civil procedure and, therefore, appeal lies against the ultimate decision ..... eviction suit filed by the landlord against his tenant, as a additional controller under the said act and further since the pending suits before the additional controller were not saved by the said amendments, this court holds that the judgment and decree which was ultimately passed in the said suit in 2007 by the presidency small causes court cannot be regarded as a decree passed by additional controller appointed ..... was passed by the 3rd bench, small causes court in 2007 is a nullity as the said court was lacking jurisdiction inherently to try such suit after section 6 of the said act was amended in 2005.109. .....
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