Court : Kolkata
Reported in : (2001)2CALLT86(HC)
..... the company was given a hearing and by a letter dated january 11, 1991, it was charged with contravention of the provisions of dpco, 1979/1987 and of the essential commodities act 1955, and an opportunity had been given to the company to deposit the overcharged amount with penal interest at the rate of 15% with effect from november 5, 1986 and also to render accounts without a reasonable period. ..... company was the lawful owner of the trade mark, as regards its right title and interest was concerned, by virtue of the unregistered deed of assignment, yet nowhere in the next of section 37 of the trade & merchandise marks act, 1958 has the transferee been referred to as the absolute owner of the trade mark when the goodwill had been retained by the transferor. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2003Cal213
..... venkata sastri, : [1969]3scr513 that prima facie the registering officer puts his signature on the document in discharge of his statutory duty under section 59 of the registration act and not for the purpose of attesting it or certifying that he has received from the executant a personal acknowledgment of his signature. 10. mr. ..... judge of this court that the burden of proof always rests upon the person who seeks to sustain a transaction entered into with a pardanashin lady to prove that the transaction was not only her physical act but also a mental one. .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(2)CHN58
..... head note (b):evidence act, 1872 section 77 - certified copy of public document is admissible in evidence without being proved by calling a witness, no objection raised to move either in trial court or any appeal court, high court committed error in rejecting such document on the ..... pc is certainly a record of the acts of a public officer.now, in order to resist such argument, the learned advocate for the opposite party has referred to the case of madamanchi rameppa and anr. v. ..... but such argument was rejected by the apex court by observing that such entry was made by the concerned officer in the discharge of his official duties and, therefore, it is clearly admissible under section 35 of the evidence act. ..... pc is certainly a public document within the meaning of section 74 of the evidence act. .....
Tag this Judgment!Court : Kolkata
Reported in : 2005(2)CHN596
..... an affidavit was sworn before us wherein paragraph 13 suggests that in the matter of legislation in the field, keeping in mind the example of tamil nadu the department of municipal affairs, government of west bengal is contemplating to amend the municipal act making it compulsory to provide for rain water harvesting in structures/selected buildings in the municipal areas.12. .....
Tag this Judgment!Court : Kolkata
Reported in : (2003)2CALLT414(HC)
..... a court can act on the testimony of a single witness, even though uncorroborated. .....
Tag this Judgment!Court : Kolkata
Reported in : (2004)2CALLT196(HC),II(2004)DMC522
..... that case was under provision of indian divorce ah, 1869, but in dealing with the matter, the hon'ble court considered the relevant provisions of hindu law, mahamedan law, special marriage act, 1954 and came to the following observation at para 7 of the reported judgment which runs as follows:'it is thus seen that the law relating to judicial separation, divorce and nullity of marriage ..... the aforesaid observation, by the apex court, the relevant law, namely, the hindu marriage act, 1955 has not been amended to introduce the total breakdown of marriage a ground for seeking ..... effects of relevant facts and circumstances including the allegations and the counter-allegations by the parties, if the court is satisfied that continuation of such irretrievably broken and emotionally dead relationship constitutes an act of oppressive mental cruelty, it may grant a decree for divorce.24. ..... peculiar features of this case, we are of the opinion that the marriage between the parties should be dissolved under section 13(1)(ia) of hindu marriage act and we do so accordingly.'22. ..... that the supreme court has invoked the aforesaid doctrine of irretrievable breakdown as an extension of mental cruelty and granted a decree for divorce on the ground of section 13(1)(ia) of the hindu marriage act. ..... of 'irretrievable breakdown of marital relationship' raised by the learned advocate for the appellant/husband on the view that such ground is not available within the scope of section 13(1) of the hindu marriage act. .....
Tag this Judgment!Court : Kolkata
Reported in : [1990]183ITR175(Cal)
..... (at page 770) :'lastly, in the case of buildings which are in the possession of tenants and the tenants cannot either be evicted or the rent payable by them enhanced except in accordance with the provisions of the rent control act, the only appropriate method of valuation is to capitalise the annual rent by certain number of years' purchase. ..... the order passed by the commissioner of wealth-tax under section 25(2) of the wealth-tax act, 1957, is also erroneous in so far as he directed the wealth-tax officer to reconsider the question whether the assessee's right to get a flat in the property to be constructed is a valuable asset or not ..... regard to all the relevant circumstances.in the classical economic sense, as adopted by the privy council in vyricherla's case [1939] lr 66 ia 104, the meaning to be placed upon the phrase 'market value' of the land under section 23 of the act is the price at which the land acquired could actually be sold at the relevant time, i.e. ..... the commissioner of wealth-tax issued a notice under section 25(2) of the wealth-tax act, 1957, directing the petitioners to show cause as to why the assessment made by the wealth-tax officer for the assessment year 1984-85 should not be set aside ..... by two separate lease deeds (except for the assessment year 1981-82) and, therefore, tenancies created under the said two lease deeds were not governed by the provisions of the west bengal premises tenancy act, 1956, but were governed by the terms and conditions of lease deeds. .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)2CALLT141(HC)
..... then law of succession the present petitioner and his mother became joint owners of the suit property subject to the provision contained in section 3(3) of the hindu women's right to property act, 1937, however in view of coming into operation of the hindu succession act, 1956 his mother's right became absolute and thus the mother and the present petitioner became co-sharers of the property, each having molly share. ..... has lost its force after the said decision of the supreme court inasmuch as the suit property is not a dwelling house belonging to an undivided family within the meaning of section 4 of the partition act and as such this court should not interfere with the order passed by the learned trial judge.12. ..... the aforesaid case, the supreme court was considering the scope of section 23 of the hindu succession act and also the meaning of the phrase 'a dwelling house wholly occupied by member of his or her ..... subhro kamal mukherjee that the interpretation of section 23 of the hindu succession act will be applicable to a case under section 4 of the partition act and thus if a dwelling house is partly tenanted, no order of pre- ..... 1942, the plaintiffs were not heirs specified in class i of the schedule and as such they could maintain a suit for partition against their brother and section 23 of the hindu succession act did not stand in their way in getting a preliminary decree for partition. ..... bal (supra) cannot have any application to a case dealing with section 4 of the partition act .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1982Cal488,86CWN673
..... amir, on the 25th march, 1926, is a sham and fictitious document and it was never acted upon, ali hossain, who was the real owner of the property, possessed the same all along. ..... according to the provisions of section 13(a) of the evidence act, if interest in a property is recognised by a transaction by a civil court, the same has evidentiary value. ..... 1, is a sham and fictitious transaction, which was never acted upon. ..... 1 of 1926 was acted upon. .....
Tag this Judgment!Court : Kolkata
Reported in : (2003)3CALLT207(HC),I(2005)DMC457
..... vague like anything and the petitioner husband has failed to lead any evidence to show the instances of cruel acts of the wife which is of such a nature that it caused danger to the life of the husband. ..... it is well settled that the cruelty contemplated by section 13(1)(ia) of the act covers both physical and mental and in the case of mental cruelty, as seen from above it is the conduct of the party which inflicts upon the other party such mental pain and suffering ..... 'desertion' for the purpose of seeking divorce under the act, means the intentional permanent forsaking and abandonment of ones spouse by the other without the other's consent ..... of the appellant/husband is regarding several acts of cruelty committed by the respondent/wife ..... desertion is also not a single act, complete in itself, it is a ..... the petitioner/appellant has made some specific allegations, of the cruel acts of his wife in paragraph 12. ..... whether the petitioner/appellant is entitled to get a decree of divorce on the allegation of cruelty under section 13(1)(ib) of the hindu marriage act, 1956? ..... is required to be considered whether the appellant/petitioner is entitled to get a decree of divorce on the ground of desertion as contemplated under section 13(1)(ib) of the hindu marriage act, 1955? ..... the purpose of dissolving marriage, the apex court in para 8 made the following observations:'before we deal with the submission it is necessary to find out what is mental cruelty as envisaged under section 13(1)(ia) of the act. .....
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