Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 Court: kolkata Page 6 of about 3,365 results (0.057 seconds)

Tirupati Fileres and Industries Ltd. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (2002)3CALLT95(HC),2003(155)ELT242(Cal)

..... 8th october 1983, whereby the product of the petitioners namely, non-cellulosic synthetic wastes blended with viscose has been sought to be classified under item 18(iii)(ii) of the first schedule to central excise and salt act, 1944. .....

Smt. Asoka Mitra Vs. Sri Swapan Kumar Mitra

Court : Kolkata

Reported in : (2007)3CALLT503(HC),I(2008)DMC388

..... grounds, in our considered view, cannot constitute the ground of cruelty for which a decree can be passed assaulting the matrimonial tie between the parties, as we are of the view that the said acts of cruelty were also condoned by the respondent (husband) who by his letters dated 15th november, 1998 requested the appellant (wife) to come back to the matrimonial house for resumption of their ..... cannot be oblivious of the provision contained in section 23(1)(b) of the hindu marriage act which provides that in any proceeding under this act, whether defended or not, if the court is satisfied that where the ground of the petition is the ground specified in clause (i) of sub-section (1) of section 13, the petitioner has not in any manner been accessory to or connived at condoned the act or acts complained of, or where the ground of the petition is cruelty, the petitioner ..... , in our considered view, cannot constitute a ground of mental cruelty for the very same reason due to condonation of such act of cruelty by the respondent (husband) by making a request to her for her return to the matrimonial house, as ..... ingredients of the ground of cruelty and the ground of desertion under the hindu marriage act are different from each other, this court thinks it proper to deal with ..... . it is well settled that for passing a decree for divorce on the ground of cruelty, the acts complained of should be so grave and weighty so as to come to the conclusion that the husband cannot reasonably .....

Ashok Kothari Vs. Dipti Bavishi

Court : Kolkata

Reported in : AIR2007Cal21

..... until late years it had been the usual practice in the mofussil courts to proceed under section 69 of the act and to issue citations and to examine witnesses to prove due execution of the will before the grant of probate or of letters of administration with the will attached, and from the written statement filed in this case it would ..... the appellant was obliged to disclose this subsequent fact under section 279 of the indian succession act because an allegation to the contrary made in paragraph 11 of the application for probate ceased to be true. ..... we shall hereafter discuss the procedure laid down in the indian succession act 1925 but regard being had to the fact that probate is granted by this court both in the common and solemn form it would be appropriate at this stage to notice the english practice in this regard. ..... accordingly, the caveat is discharged.let there be an order in terms of prayer (a) to this application.i make no order as to costs.all parties are to act on a signed copy of the minutes of this order on the usual undertaking.11. ..... under section 268 of the indian succession act the proceedings of court, in relation to the granting of probate and letters of administration, are required to be regulated by the code of civil procedure. ..... before the passing of the hindu wills act, a hindu will was valid even without a probate,. .....

Asansol Durgapur Development Authority and anr. Vs. Tapas Banerjee and ...

Court : Kolkata

Reported in : (2009)1CALLT59(HC),2008(4)CHN297

..... is the contention of the learned counsel appearing on behalf of the writ petitioners that such right subsequently, after the enactment of the said 1993 act, cannot be taken away by the appellants and he relied upon the decision of zile singh (supra) on the ground that the said act is applicable prospectively nd cannot have any right to be applied in any manner retrospectively to the rights which was subsisting at that point of time ..... his lordship was pleased to allow the writ petition and came to the conclusion that the expression 'transfer' used in the west bengal government land (regulation of transfer) act, 1993 (hereinafter referred to as the 'said act') read with the clause contained in the deed of lease is not intended to be used in the wider connotation so as to include a testamentary succession. ..... reference may also be made to the definition of 'will' as given clause (h) of section 2 of the indian succession act, 1925 which is quoted below:(h) 'will' means the legal declaration of the intention of a testator with respect to his property which he desires to ..... this matter whether even after the enactment of the said act of 1993, the transfer can be made for the government ..... respondent-writ petitioners submitted that the right in favour of the said lessee accrued before the act came into operation and such right, according to the respondent-writ petitioners, cannot be taken away by virtue of the said act of 1993 and he relied upon a decision reported in : (1984)iillj362sc , k.c. .....

…applicants. Vs. Bhagwati Developers Private Limited

Court : Kolkata

..... the order holding, inter alia, that the company petition was not maintainable and appeal no.40 of 1992 was against the order rejecting the application under sections 397 and 398 of the said act of 1956 filed by the chatterjee brothers.on november 16, 1993, the said appeal no.35 of 1992 was dismissed as withdrawn. ..... peerless was allowed to contend that the petition under sections 397 and 398 of the companies act, 1956 were not maintainable as the chatterjee brothers had withdrawn the appeals. ..... may 30, 1991 chatterjee brothers.namely, asis kusum chatterjee and asit kumar chatterjee, filed a petition under sections 397 and 398 of the companies act, 1956 (hereinafter referred to as the said act of 1956 ).which was registered as company petition no.222 of 1991. ..... bench of this court on november 24, 2003, disposed of aforesaid appeals holding, inter alia, that as the original application under sections 397 and 398 of the said act was not maintainable, the appeals were, also, not maintainable. ..... filed by the said chatterjee brothers.the main contentions of peerless were that the chatterjee brothers did not have the requisite shareholdings to maintain an application under sections 397 and 398 of the said act of 1956 and that the consents accorded by mr.r.l. ..... bhagwati to get transposed and/or substituted in the place of the chatterjee brothers in the proceeding and, also, accorded permission to the bhagwati to proceed with the application under sections 397 and 398 of the companies act, 1956. .....

Saurabh Ghosal Vs. Smt. Anupama Roy Choudhury

Court : Kolkata

..... this is what is prescribed by section 15(2)(a) of the hindu succession act, 1956 and clarified by the hon ble supreme court in the case of bhagat ram (supra).while explaining the rationale behind section 15 of the hindu succession act, the hon ble supreme court observed that the source from which a hindu female inherits the property is always important and that would govern the situation. ..... the only requirement under section 63 of the indian succession act is that the will shall be attested by two or more witnesses, each of whom has seen the testator sign the will. ..... that would defeat the intent and purpose of section 15(2) of the act which gives a special pattern of succession. ..... under section 15(2)(a) of the hindu succession act, such property inherited from the father by any hindu lady shall devolve in the absence of any son or daughter or children of any pre-deceased son or daughter, on the heirs of the father of such hindu lady. ..... is not unnatural and had the testatrix died without making a will, the property in question would have devolved on the same person who is the beneficiary under the will, by operation of section 15(2)(a) of the hindu succession act. .....

Emperor Vs. Ajit Kumar Ghosh and ors.

Court : Kolkata

Reported in : AIR1945Cal159

..... the committing magistrate to be used as substantive evidence in a case unless the party seeking to do so draws the attention of the witness to any part of the previous statement under the provisions of section 145, evidence act, with regard to which any discrepancy may arise or unless the judge himself puts the necessary questions for the purpose of observing this procedure. ..... 323 in the case with which we are now dealing, even if there had been proper compliance with the provisions of section 145, evidence act, in respect of the depositions before the committing magistrate, only those passages in the previous statements should have been proved, which clearly contradict some portion of the testimony of the ..... this being the way in which the writing may be used, it is of the utmost importance that ''in the manner provided by section 145, evidence act,' the attention of the witness should be called to those parts of the recorded statements by which it is intended to contradict him in order to enable him, if he desires to do so to furnish an explanation for any ..... . on the whole the sound view seems to be that taken by us in this case; the ordinary law as laid down in the evidence act is to apply, the reference to section 145 is merely to be taken as being made loosely, to add a requirement that in all cases the written record or the relevant part thereof (which must exist for the ..... in which the learned judges referred to the observations of the privy council in bal gangadhar tilak v. ..... bal .....

Sur D.K. Vs. Tata Iron and Steel Co. Ltd. and ors.

Court : Kolkata

Reported in : 100CWN1003,(1998)IIILLJ429Cal

..... exceptions are (1) a public servant who has been dismissed from service in contravention of article 311(2) reinstatement of a dismissed worker under industrial law or by labour or industrial tribunal and (3) a statutory body when it has acted in breach of a mandatory obligation imposed by statute, there may also be a fourth class of cases where a statute confers status upon an employee and if an order is made in violation of any statute and if such ..... 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 provided they constitute industrial disputes within meaning of section 2(k) and section 2-a of industrial disputes act or where such enactment says that such dispute ..... the certified standing orders framed underand in accordance with the industrial employment(standing orders) act, 1946 are statutorilyimposed conditions of service and are binding bothupon the employees and employers, ..... that the service of the writ petitioner would be governed by the standing orders and the said standing orders had been framed under the industrial' employment (standing orders) act, 1946 and the said standing orders had been duly certified by the certifying officer in accordance with the provisions contained in the aforesaid act of 1946 and the rules framed thereunder. .....

Ashit Baran Chatterjee Vs. the State of West Bengal and ors.

Court : Kolkata

Reported in : (1997)2CALLT82(HC)

..... , from which it appears that the petitioner was described as an 'unauthorised occupant' of the premises in question and the inspector-in-charge, khardah police station, was directed to remove him therefrom under section 13 of the above act and to take possession of the premises and report compliance by 13 th august, 1992, since the property stood mortgaged to the government of west bengal and was a government premises in terms of section 2(d) and 2(n) of the aforesaid ..... basu urged that the petitioner was neither given any notice of any proceedings commenced under the provisions of the west bengal government premises (regulation of occupancy) act, 1984, nor was he given any hearing before he was forcibly removed from his lawful tenancy on the basis of the impugned order dated 10th august, 1992, passed by the sub-divisional officer barrackpore.11. ..... in that view of the matter, the premises in question does not at all come within the scope and ambit of the 1984 act and the action taken thereupon by the sub-divisional officer, barrackpore, in issuing the impugned order dated 10th august, 1992, is not only arbitrary, but wholly without jurisdiction and/or authority of ..... the sub-divisional officer, barrackpore, as also the inspector-in-charge, khardah police station, who acted on the basis of the said impugned order, are directed to restore to the petitioner the premises from which he was evicted, either forcibly or otherwise, on the strength of the impugned memo, within ten days from .....

National Cooperative Consumers Federation of India Limited Vs. the Ori ...

Court : Kolkata

..... in this petition under sections 11 and 15 of the arbitration and conciliation act, 1996 the petitioner seeks appointment of an arbitrator consequent upon the erstwhile arbitrator having apparently abandoned the reference.2. ..... the petitioner says that a request under section 11 of the 1996 act is not carried to a court but it is a request that has to be made to a chief justice or his designate. ..... following a notice inviting tender of june 19, 2007 the petitioner made a bid for the work of handling, loading, transporting and removing iron ore from certain mines operated by the respondent. ..... a letter of intent was issued on august 3, 2007 in favour of the petitioner. ..... the view was expressed in the context of the applicability of section 42 of the 1996 act to a petition under section 11 thereof.12. ..... collector, that the '(v)arious departments of the government are its limbs and, therefore, they must act in coordination and not in confrontation.'8. ..... a petition under section 9 of the 1996 act was also filed. ..... upon the appointing authority failing to pay heed to the petitioner's request of may 6, 2008, the petitioner carried a previous petition under section 11 of the 1996 act to this court. ..... during the pendency of the earlier petition under section 11 of the 1996 act, ap no. .....