Judgment Search Results Home > Cases Phrase: the assam advocates welfare fund act 1998 Court: kolkata Page 9 of about 407 results (0.155 seconds)

Mina Bose Vs. Antara Kundu

Court : Kolkata

Reported in : (1999)2CALLT312(HC),1999(1)CHN535

..... according to the learned advocate for the respondent, the decree was passed on 24(h march, 1998 and the application under order 9 rule 13 of the code was preferred on 5th september, 1998 while the fact of transfer of the suit from the court of munsif, sealdah to the original side of this court was in the knowledge of the defendant, inasmuch as she had admittedly received the letter dated 12th february, 1998 sent by the learned advocate of the respondent.23. ..... urged on behalf of the respondent that under article 123 of the limitation act, limitation starts from the date of the decree where the defendant is served with notice or summons, but where no such summons have been served, limitation will be computed from the date of the defendant's knowledge and since in the present case the defendant admittedly had been served with the writ of summons when the suit was filed in sealdah and subsequently when the suit was transferred to this court, with the advocate's notice. ..... therefore, the parly having done everthing in his power to effectively participate in the proceedings can rest assured that he has neither to go to the high court to inquire as to what is happening in the high court with regard to his appeal nor is he to act as a watchdog of the advocate that the later appears in the matter when it is listed.'31. in n. .....

Sri Sri Radha Raman Jew and ors. Vs. Shaligram Subha Karan Kemani and ...

Court : Kolkata

Reported in : AIR2001Cal78,(2001)3CALLT202(HC)

..... das, learned senior advocate while opposing this application has firstly taken the point of limitation in this case, as the right to apply before this court arose on or about 15th july 1987 and/or 18th august 1987 andfinally in the year 1992 when treats of dispossession was held out so applying the provisions of article 137 of the limitation act being the residuary article and read with section 9 of the limitation act all these applications have become time barred. ..... it has been held by the learned single judge of this court reported in 1998 (2) clj 463 that the thika tenancy act of 1981 has no application if such right is sought to be established after the aforesaid act came into force.24. ..... however, the appealcourt on 25th august 1998 set aside the judgment and order dated 21st july 1998 of the learned executing court and remanded the matter to decide the question of independent claim of right, title and interest of the applicants in g.a. no. ..... so apart from their dishonesty and act of falsehood in this matter their contentions are hit by the principle of constructive res judicata even when appeal was heard before the division bench in 1998 the aforesaid persons could have taken the plea of occupants of bustee land because by that time the amendment had taken effect retrospectively. ..... 1751 of 1998 was once finally disposed of by the learned executing court directing the thika controller to decide and adjudicate the right, title and interest of the applicants in the said premises. .....

Shaikh Habibullah Vs. Md. Sultan Khan and ors.

Court : Kolkata

Reported in : AIR2001Cal22

..... of such court-fee payable and the plaintiff or the appellant, as the case may be, has paid such amount or until the date referred to in clause (b), as the case may be: provided that if the plaintiff or appellant gives, within such time as the court may allow, security, to the satisfaction of the court, for the payment of any additional amount for which he may be found liable, the court may proceed with the suit, (b) fix a date before which the plaintiff or appellant shall pay the amount of court-fee due ..... rudradeb chowdhury, learned advocate submits that the decree passed is a nullity because the court had no jurisdiction to proceed with the suit in view of provisions of section 10 of the west bengal court-fees act, 1970 consequently to pass decree when admittedly deficit court-fees was not paid. ..... moreover the appellate court in its order dated 21st december, 1998 also observed that it was not the fault of the litigant and further the court under section 152 of the civil procedure code has the power to correct the decree as drawn up. ..... an appeal was preferred against the order of the learned interlocutory judge on 19th june, 1998. ..... in support of the aforesaid submission he relies on two decisions reported in : (1998)2callt378(hc) and air 1969 sc 923.5. ..... 4273 of 1998 is dismissed. ..... , : (1998)2callt378(hc) , : [1969]3scr92 and : [1993]2scr454 are not at all applicable in this case,24. .....

State of West Bengal Vs. Bireshwar Dutta Estates (P) Ltd.

Court : Kolkata

Reported in : (2000)1CALLT165(HC)

..... from the date hereof initiate acquisition proceedings by publishing necessary gazette notification afresh under the land acquisition act ..... aloke blswas and amar ghosh, advocates for the respondents abovenamed and upon the respondents above named by their said advocates submitting to this court that they as well as the government of west bengal have agreed in principle to acquire the disputed premises and prayed for three months time to start the acquisition proceedings and in view thereof and by way of last chance.it is ordered that the respondents above named and the alleged contemnors and the government of west bengal do within three months ..... this appeal has been preferred from a judgment and decree dated 9th september, 1998 by which khas possession of the suit premises has been granted to the respondent. ..... : : (1998)8scc326 ).26. .....

Salil Kumar Roy Vs. Smt. Badu Devi Bhansali and ors.

Court : Kolkata

Reported in : AIR1999Cal270

..... be that as it may, section 7(v), (vi) and (xiii) of the west bengal court fees act, 1970 is as follows :--'(7(v)) in suits for the possession of land, buildings or gardens, not being suits referred to in clause (vi)--(a) according to the value of the subject matter, and such value shall be deemed to be fifteen times the net profits which have arisen from the land, building or garden during the year next before the date of presenting the plaint, or if the court sees reason to think that such profits have been wrongly estimated, fifteen ..... karabi roy and the plaintiff with acopy to the plaintiff s advocate sri tarun kumar gupta stating as follows :--'we the undersigned are the lessees in respect of our respective portions in the aforesaid premises holding under registered deeds of lease.for the last few years we are experiencing great difficulties in peaceful and beneficial enjoyment of our respective portions and we brought our difficulties and inconvenience to the landlords concerned on several occasions, but they turned deaf ear to the same. ..... 'such amendments were allowed and in that view of the matter on 12th august, 1998 the following issue were settled :1. ..... on 10th august, 1998 the substituted defendants applied for incorporation of the following pleadings in the written statement:--'1. ..... on that date on the prayer of the learned counsel appearing on behalf of the substituted defendant hearing of the suit was postponed till 10th august, 1998. .....

Malati Rani Barman Vs. State of W.B.

Court : Kolkata

Reported in : 2008(4)CHN375

..... (2) any legal practitioner as defined in clause (i) of section 2 of the advocates act, 1961, may interview any prisoner in connection with his defence in the presence of the superintendent or any other officer of the correctional home duly authorised by the superintendent and such interviews shall not be taken into account while computing the number of interviews admissible under the rules made under this act. ..... i further direct the in-charge of the islampur sub-divisional correctional home that in the event the petitioner made any application in the in this regard to the concerned juvenile board, he shall take immediate steps within 24 hours from the time of receipt of such application to place the matter before the concerned juvenile board through proper channel and the concerned juvenile board is further directed to permit the present petitioner to meet her two minor children viz. ..... joymalya bagchi, the learned counsel appearing on behalf of the petitioner submitted that she being the mother of the two minor children krishna barman aged about 10 years and anima barman aged about 7 years is vitally interested with their welfare and very much concerned with their present whereabouts and in such circumstances she moved the aforesaid application before the learned court below. mr. .....

Abdul Wahed Akunjee Vs. State of W.B.

Court : Kolkata

Reported in : 2006(3)CHN331

..... search and seizure and having regard to their evidence and having regard to the seizure lists produced on behalf of the prosecution, we are fully convinced that there is nothing on record to indicate that the place of recovery was under exclusive possession of this appellant and that being the factual possession, having regard to the specific provision of section 412 of the ipc, we fully share the contention of the learned advocate for the appellant abdul wahed akunjee that appellant cannot be convicted under section ..... appearing for the appellants abdul hai gayen and manoj singh, the learned advocates for the appellants submit that merely acting on the identification of the appellants by some tutored witnesses of the investigating officers, the learned trial court was not justified in recording his conviction order against the appellants. ..... the learned advocate submits that jagannath roy since his arrest was in police lock up at lalbazar and he was shown to the witnesses at lalbazar and those witnesses on two different dates namely on 24th february, 1998 and 27th february, 1998 identified jagannath roy in jail. ..... 30 of 1998.2. ..... 2 of 1998 corresponding to sessions case no. .....

State of West Bengal and ors. Vs. Asiatic Investment Limited and ors.

Court : Kolkata

..... pursuant to a notice given under section 9 to the measurements made under section 8, and into the value of the land [at the date of publication of the notification under section 4, sub-section (1)], and into the respective interests of the persons claiming the compensation and shall make an award under his hand of-(i) the true area of the land;(ii) the compensation which in his opinion should be allowed for the land; and(iii) the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom, or of whose claims ..... the registrar (administration) is directed to communicate a copy of this judgment together with the office file produced earlier before this court by the learned advocate of the appellants containing note- sheets, collector's copy of the proceedings under section 11 of act i of 1894 in form no. ..... the facts relating to the acquisition proceedings in respect of the property in question are briefly narrated hereinafter:on 16th june, 1998, a notification was published in the calcutta gazette under section 4 of the land acquisition act, 1894 for acquisition of the third floor of premises no. ..... when it was ascertained that home (police) department had allotted fund under their memo no. ..... has allotted fund under their memo no. .....

Birla Corporation Ltd. Vs. First Industrial Tribunal and ors.

Court : Kolkata

Reported in : 2006(2)CHN13,[2006(110)FLR136],(2006)IIILLJ84Cal

..... it is, however, made clear that in the event the appropriate government forms an opinion to the effect that any dispute and/or difference arises between the employer and the workmen or between the workmen and the workmen in relation to employment or non-employment or the terms of employment or with the conditions of labour of any person due to such shifting, then the appropriate government will be free to make a reference under section 10 of the said act.re: challenge with regard to the impugned order contained in annexure 'p-18' to this writ petition.53. ..... partha sarathi sengupta, learned senior advocate for the petitioner.57. ..... dipankar dutta, learned advocate, appearing for the respondent no. ..... majumdar, learned advocate, appearing for the respondent no. ..... reported in 1998 (78) flr page 293, where remittance of such a dispute by the writ court to the tribunal for decision was upheld by the division bench of this court in appeal, notwithstanding some formal defects were found to be in existence in the citation of the reference.25. ..... kalyan bandopadhyay, learned senior advocate, appearing for the respondent no. ..... heard the learned advocates of the respective parties. ..... partha sarathi sengupta, learned senior advocate, who was assisting mr. .....

Shyamal Chowdhury Vs. Smt. Jyotsna Dutta

Court : Kolkata

Reported in : (2001)1CALLT337(HC)

..... '(2) 'where in any proceeding pending at the commencement of this act, the parties here agreed to be bound by any such oath or affirmation as is specified in specified in section 4 of the said act, then notwithstanding the repeal of the said act, the provisions of sections 9 and 12 of the said act shall continue to apply in relation to such agreement as if this act had not been passed.'10. ..... chowdhury, the learned counsel appearing for the opposite party has submitted that in the written objection against the affidavit of questions the petitioner admitted that he is agreeable to state of special oath in respect of the matters relating to suit and that is the justification of the trial judge to direct him to answer the questions in a temple before the commissioner and that the learned additional district judge in passing the revisional order did not commit any mistake by affirming the order of the trial judge.7. ..... sipra chatterjee on may 15, 1975 under special oath by touching the holy feet of goddess kalimata thakurani at kalighat before local commissioner appointed by the court in the presence of the senior advocates of the parties and the plaintiff. .....