Judgment Search Results Home > Cases Phrase: the mizoram organic farming act 2004 Sorted by: old Court: kolkata Page 8 of about 112 results (0.078 seconds)

Smti Ananta Vs. Ramchander

Court : Kolkata

Reported in : AIR2009Cal167

..... since the appellant had caused a high degree of mental cruelty on the respondent and had even deserted him and living separately for more than two years, a decree of divorce was prayed for under section 13(1)(ia) and 13(1)(ib) of the act dissolving the marriage solemnized between the parties on 2nd march, 2004.16. ..... (xi) if a husband submits himself for an operation of sterilisation without medical reasons and without the consent or knowledge, of his wife and similarly, if the wife undergoes tubectomy or abortion without medical reason or without the consent or knowledge of her husband, such an act of the spouse may lead to mental cruelty. ..... 2, being the child of the parties, was criticized on the ground that the child's competence to depose had not been duly verified and therefore the same ought not to have been acted upon. ..... the ill conduct must be persistent for a fairly lengthy period, where the relationship has deteriorated to an extent what because of the acts and behaviour of a spouse, the wronged party finds it extremely difficult to live with the other party any longer, may amount to mental cruelty. ..... the respondent/husband instituted a suit in the court of the district judge, andaman and nicobar islands against the appellant/wife under section 13 of the hindu marriage act praying for a decree of divorce to dissolve their marriage. ..... the findings that the respondent did not condone such act of the appellant is based on erroneous appreciation of facts.26. .....

Biswanath Bhattacharjee Vs. United Bank of India and ors.

Court : Kolkata

..... but it appears that the appellant was visited with the major penalty of dismissal from service and in imposing penalty the past punishment of the appellant in the earlier disciplinary proceedings was considered without framing charge about such past conduct and without giving the appellant any opportunity of offering his explanation notwithstanding the fact that the appeal and review against the past punishment have not yet been disposed of and the orders of punishment have not reached finality. ..... 1 it has been categorically argued by the learned counsel for the appellant that it was the duty of sri madan mohan saha, the cashier to maintain the subsidy register and it was never the duty of the appellant to maintain the subsidy register and as such the appellant cannot be held answerable for not maintaining the said subsidy register.24. ..... it is needless to say that the writ court in dealing with the order of disciplinary authority on the basis of disciplinary proceedings does not act as a court of appeal and interference with such order of the disciplinary authority is only permissible by this court by exercising the power of judicial review.20. ..... 1391(w) of 2004 dismissing the writ petition filed by the appellant-petitioner challenging the order of his dismissal from service passed in connection with disciplinary proceedings started against him. .....

Jayanta Mukherjee Vs. State of West Bengal and anr.

Court : Kolkata

Reported in : 2009CriLJ4178

..... it is the contention of the learned advocate for the petitioner that the alleged specific overt act which according to the prosecution shows the involvement of the petitioner herein in connection with the offence for which charge-sheet is submitted by central bureau of investigation, leaves no room for doubt that all the act as alleged by the prosecution was performed by the petitioner herein in discharge of his official duty and as such without obtaining necessary sanction from the state government in terms of provision under section 197 of the code of criminal procedure, the petitioner ..... 3 lodged a written information before the officer-in-charge of the kharagpur (town) police station alleging inter alia that in the night of 7-7-2004, 5 to 7 police personnel came to the house of defacto complainant and they took away the husband of defacto complainant namely soumendu mondal (since deceased), after intimating that the husband of the defacto complainant is wanted in connection with some allegations.4. ..... 140/2003, 182/2004 and 167/2004 dealt with cognizable offence and as such the police officer in terms of provision under section 2(c) read with section 154 of the code of criminal procedure is entitled to arrest a person without warrant and at the same time empower to investigate such offence without any order from the magistrate.57. .....

Food Corporation of India Vs. Central Government Industrial Tribunal a ...

Court : Kolkata

Reported in : (2010)ILLJ496Cal

..... is right in commenting that this authority has no manner of application to the present case for the simple reason that rights, obligations and duties of the parties in the present case were to be governed entirely by the industrial disputes act, 1947, item 10 of part of the fifth schedule whereof says that unfair labour practice on the part of employers means, 'to employ workmen as 'badlis', casuals or temporaries and to continue them as such for years, with the object of depriving them of the status and privileges of permanent workmen. ..... on considering those factors, apex court answered the issue holding that they became the employees of the organization automatically from the very beginning. ..... : (2004) 7 scc 112 : 2004 iii llj 780, the court held 'when rules framed under article 309 of the constitution of india are in force, no regularization is permissible in exercise of the executive power of the government under article 162 of the constitution of india in contravention of rule. ..... : (2005) 5 scc 122 : 2004 ii llj 1081 in negative way. ..... : (2004) 8 scc 353. .....

Rafiq Mondal Vs. State of West Bengal and ors.

Court : Kolkata

..... are required to be satisfied for holding an enquiry to be fair and proper, which are as follows:an enquiry cannot be said to have been properly held unless,(i) the employee proceeded against has been informed clearly of the charges levelled against him,(ii) the witnesses are examined- ordinarily in the presence of the employee-in respect of the charges,(iii) the employee is given a fair opportunity to cross-examine witnesses,(iv) he is given a fair opportunity to examine witnesses including himself in his defence if he so wishes on any relevant matter ..... (6) (a) on receipt of the written statement of defence the disciplinary authority may appoint, under sub-rule (2), an inquiring authority for the purpose of inquiring into such of the articles of charge as are not admitted, and where all the articles of charge have been admitted by the member of the service in his written statement of defence, the disciplinary authority shall record its finding on each charge and shall act in the manner laid down in rule 9. ..... in this connection he relied on the decisions in (2004) 12 scc 390 : : state of haryana v. .....

Bablu Mitra and ors. Vs. State of West Bengal and ors.

Court : Kolkata

..... therefore, a court before interfering in tender or contractual matters in exercise of power of judicial review, should pose to itself the following questions: (i) whether the process adopted or decision made by the authority is mala fide or intended to favour someone; or whether the process adopted or decision made is so arbitrary and irrational that the court can say: 'the decision is such that no responsible authority acting reasonably and in accordance with relevant law could have reached'; (ii) whether public interest is affected. ..... it cannot thus be said that fixation of margin of profit is rigid and unchangeable and does not and will not take into consideration the legitimate items of expenditure incurred by a dealer for the purchase of foodgrains, or, in other words, in determining the cost of foodgrains to the dealer and the price at which a dealer is expected to sell that commodity at the stated margin of profit, the requirement of the condition that a dealer shall not charge in respect of sales a margin of profit in excess of that fixed is vague or unreasonable.49. ..... the bidder should be a profit making organization, having made a pre-tax profit of not less than 5% of annual turnover for the previous two financial years. ..... on the general principles involved in judicial review in a matter pertaining to the award of government contracts, the state cites a judgment reported at : (2004) 4 scc 19 (directorate of education v. .....

Hindusthan National Glass and Industries Limited and anr. Vs. Reserve ...

Court : Kolkata

..... .-(1) notwithstanding anything contained in the securities contracts (regulation) act, 1956 (42 of 1956) or any other law for the time being in force, transactions in such derivatives, as may be specified by the bank from time to time, shall be valid, if at least one of the parties to the transaction is the bank, a scheduled bank, or such other agency falling under the regulatory purview of the bank under the act, the banking regulation act, 1949 (10 of 1949), the foreign exchange management act, 1999 (42 of 1999), or any other act or instrument having the force of law, as may be specified by the bank ..... . the reserve bank asserts that since credit information is defined in the 2005 act to mean, inter alia, the creditworthiness of any borrower of a credit institution under section 2(d)(iv) thereof and the private bank is undoubtedly a credit institution within the meaning of the expression used in the said act and the company a borrower there under, a dispute between the bank and the company regarding the creditworthiness of the company would fall within the wide amplitude of section 18 of the act ..... . as such, save and except certain relaxations mentioned at para 2.1.3 and 2.1.4 below, with effect from march 31, 2004, a non-performing asset shall be a loan or an advance where: (i) interest and/or installment of principal remain overdue for a period of more than 90 days in respect of a term loan ..... . the maximum sum that a person or organization is prepared to lend to another.117 .....

State of West Bengal Vs. Md. JamiluddIn Nasir and ors.

Court : Kolkata

..... to do them, nor in inciting others to do them, but in the forming of the scheme.x) when ..... ) court may take into account the retracted confession, but it must look for the reasons for the making of the confession as well as for its retraction, and must weigh the two to determine whether the retraction affects the voluntary nature of the confession or not.viii) there is no hard and fast rule regarding grant of time for reflection before recording a confession.ix) the gist of the offence of conspiracy then lies, not in doing the act, or effecting the purpose for which the conspiracy is formed, nor in attempting ..... state of mizoram 2004 4 crimes 545. ..... asif became an active member of students' wing of islamic organization. .....

Payel Sarkar Vs. Central Board of Secondary Education and ors.

Court : Kolkata

Reported in : AIR2010Cal74

..... in the same assessment report, the therapist has recorded the psycho-educational assessment tool for high school, which reads as follows:organization skill : adequatevisual reasoning : adequatenumerical concepts : adequatelistening comprehension : adequatereading : mildly deficitedwritten expression : poor for grade x6. ..... properties are properly and carefully maintained.xii) supervise, guide and control the work of the teaching and non-teaching staff of the school.xiii) be incharge of admission in the school, preparation of school time-table, allocation of duties and teaching load to the teachers, and shall provide necessary facilities to the teachers in the discharge of their duties and conduct of school examination in accordance with the instructions issued by the government/board from time to time, and he shall discharge these duties in consultation ..... 's academic work in advance in consultation with his colleagues and hold staff meeting at least once a month, review the work done during the month and assess the progress of the pupils.xv) help and -guide the teachers to promote their professional growth and actively encourage their participation in courses designed for in-service education.xvi) promote the initiative of the teachers for self-improvement and encourage them to undertake experiments which are educationally sound.xvii) supervise class .....

Zonal Manager, Central Bank of India and ors. Vs. Devi Ispat Ltd. and ...

Court : Kolkata

Reported in : 2010(5)LW151

..... one of them, their men, agents and/or subordinates to forthwith transmit the entire records of the instance case forming the basis of non-release of the security documents and non issuance of the no objection certificate and no due certificate pertaining to the petitioner-company's account with the burrabazar branch of the respondent-bank to the petitioner-company before the hon'ble court and to certify them and/or being so certified to quash the refusal to prove the same;c) rule of nisi in terms of prayers (a) and (b) made hereinabove;d) an order ..... when a 'state' within the meaning of article 12 of the constitution of india, who is supposed to act fairly, after acknowledging 'no liability' of a citizen retains the security and does not answer or allege fraud in spite of demand, a writ-court is entitled to give relief to a citizen if it appears that the said 'state' is a benefactor in the alleged transaction of the fraud who has taken in the defence of fraud before the writ-court and is, at the same time, not willing to refund the benefit so obtained which is the pre-requisite for raising the plea of ..... the petitioner-company was incorporated on 31st august, 2004 with the name m/s. ..... . hari bux swalram reported in : (2004) 9 scc 786, the other decision cited by mr .....