Judgment Search Results Home > Cases Phrase: trade unions act 1926 chapter i preliminary Court: kolkata Page 16 of about 219 results (0.072 seconds)

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

Court : Kolkata

..... to subsequently correct itself in course of the experience. in support of such argument a judgment reported at : (2002) 2 scc 333 (balco employees' union (regd.) v. union of india) has been brought. the state relies on the passage at paragraph 36 of the report that quotes with approval from paragraph 34 of the judgment ..... unconstitutionality, courts should avoid 'embarking on uncharted ocean of public policy'.52. there is no doubt that a citizen has a fundamental right to carry on trade or business but he has no right guaranteed under the constitution to insist that the government or any other individual to do business with him. any government ..... such case were owners of sugar mills who challenged the validity of notifications issued by the central government in exercise of its power under the essential commodities act. the petitioners contended that the prices did not reflect the actual manufacturing cost of sugar incurred by producers or secure to them reasonable returns on the capital .....

Sailesh Jaiswal Vs. the State of West Bengal and ors.

Court : Kolkata

Reported in : 1998(2)ALD(Cri)924,(1998)2CALLT423(HC),1998(2)CHN81

..... ball is exercised. such positive information shall leave no room to think of any course other than the person apprehending arrest moving the high court of the state or union territory within whose jurisdiction the police station, at which the case is registered, falls.37. i concur with the view expressed by panigrahi, j.g.r. ..... local jurisdiction shall forward along with the warrant, the substance of the information against the person to be arrested with necessary documents sufficient to enable the court acting under section 81 to decide whether ball should or should not be granted to the person arrested under the warrant section 79 provides the procedure as to ..... warrant coming from outside the local limits of his jurisdiction, he is nonetheless bound by the condition as imposed in the said section.' the new provisions engrafted in act 2 of 1974 have, however; thrown the flood-gates open and made the position distinctly wider. the imprimatur of judicial decision may now be considered. the .....

Chunilal Kothari and ors. Vs. Sm. Gopi Devi Mimani and ors.

Court : Kolkata

Reported in : AIR1965Cal630

..... it was inappropriate to speak about a 'certificate of fitness' in respect of all these provisions. this shows that the wordings of article 132 of the limitation act are not to be construed very strictly. the expression 'certificate of fitness' used in article 132 includes all the other kind of certificates mentioned in articles 132 ..... . there was no intention of distinguishing between the word 'certificate' and the expression 'leave to appeal' which might have been used in other parts of the act. it would certainly have been much better if the expression 'leave to appeal' had been entirely dropped, even from section 12. perhaps this is the inevitable ..... argues that it has been authoritatively declared that 'leave to appeal' is quite different from granting a certificate. the exemption under section 12 in the present limitation act relates to an application for leave to appeal but not to an application for the grant of a certificate. therefore, the appellant cannot avail himself of that .....

Sm. Susama Bala Sur Vs. Bibhuti Bhusan Mondal

Court : Kolkata

Reported in : AIR1973Cal295,76CWN1091

..... the chandernagore (application of laws) order, 1950, which was promulgated by the central government in exercise of the powers conferred by the foreign jurisdiction act, 1947 (act xlvii of 1947). by and under the said order the laws prevalent in chandernagore immediately before the commencement of the said order, that is to say ..... , subordinate judge, munsif and other officers in chandernagore and extended application of various other enactments and rules to chandernagore with or without modifications. the indian limitation act, 1908 was exe-tended by order dated may 24, 1952 with the following modification.'in sub-section (2) of section 29 for the words 'special ..... in. chandernagore. 18. repeal of corresponding laws and savings -- (1) any law in force in chandernagore immediately before the appointed day (hereafter in this act referred to as the 'corresponding law') which corresponds to any law referred to in section 17 whether such corresponding law is in force in chandernagore by virtue .....

Sunil Chandra Roy and anr. Vs. the State

Court : Kolkata

Reported in : AIR1954Cal305,57CWN962

..... the waist while satyendra dealt blows on him, the part alleged to have been taken by amalesh probabilised the prosecution case and therefore the introduction of the alleged act of amalesh had prejudiced the defence. i do not think there is any substance in that submission.as i have already pointed out, the impugned evidence is not ..... on crimes'. the learned standing counsel contended that the reason for the decision in 'emperor v. noni gopal gupta (l)', was to be found in section 10, evidence act, but i do not consider that contention correct. the case, however, appears to me to be distinguishable on the ground that, there, the declarations of the acquitted person ..... appellants in particular was one of aggressive hostility and sunil was given to uttering frequent threats to kill nirmal. there had been a proceeding under the rent control act, initiated toy all the tenants and an order had been made in that proceeding by which the rents were slightly reduced and certain hours were fixed during .....

Dr. Tapas Kr. Chandra Vs. Indian Statistical Institute

Court : Kolkata

Reported in : 2007[2]STR315

..... made in paragraph 6 of this judgment which is quoted hereinbelow:6. even in respect of administrative orders, lord denning, m.r. in breen v. amalgamated engg. union, observed: 'the giving of reasons is one of the fundamentals of good administration.' in alexander machinery (dudley) ltd. v. crabtree, it was observed: 'failure to ..... on the facts and circumstances of that case, the framework of the statute under which the enquiry is held. the old distinction between a judicial act and an administrative act has withered away. even an administrative order which involves civil consequences must be consistent with the rules of natural justice. the expression 'civil consequences' ..... on him; though the conferment of a wide discretionary power exercisable in the public interest may be indicative of the absence of an obligation so to act. where a discretionary power to encroach upon individual rights is exercised, factors to be taken into account in deciding what fairness requires in the exercise of .....

Dukhi Shyam Benupani, Assistant Director, Enforcement Directorate, For ...

Court : Kolkata

Reported in : 1998(2)ALD(Cri)900,1998(61)ECC17

..... of two judges and bench of two judge accepts the verdict of a larger bench. in other words, larger the quorum, more is the binding effect. (see, union of india v. raghubir singh-- : [1989]178itr548(sc) . assuming for a moment, that the application under section 397/401/482 of the code in this court ..... learned single judge could not grant bail to the accused-opposite party as under the high court's rule aforequoted, bail applications pertaining to foreign exchange regulation act could be disposed of by the division bench only. even if the revisional application was maintainable and was so entertained by the learned single judge, he ..... case.27. the facts which are clearly established show that the accused-opposite party being charged for the alleged contravention of the provision of the foreign exchange regulation act moved an application for bail before the sessions judge who granted the prayer for bail. enforcement directorate, the petitioner, herein, invoked this court's jurisdiction under .....

Umesh (Chandra) Durbar and ors. Vs. Chowdhry Jamini Nath Mallik and or ...

Court : Kolkata

Reported in : 78Ind.Cas.836

..... rent from their landlords. the judgment under appeal proceeds upon the basis that that entry attracts the presumption under section 103 b, sub-section (3) of the bengal tenanoy act ; in other words, that it shall be presumed to be correct until it is proved by evidence to be incorrect. accordingly, the learned judge of the lower appellate ..... entry comes nearest, at all events, to sub-clause (m) which is ' the special conditions and incidents, if any, of the tenancy.' the provisions of the bengal tenancy act as regards the method of making and preparing the records of rights provide for the preliminary publication of a draft. the revenue officer is to publish the draft in the ..... of proof rests on the appellant in such a case as this both on general grounds and by reason of the provisions of secticn 114 of the indian evidence act. but this burden is one which shifts easily as the evidence is developed and their lordships do not, after considering facts which appear to them to be sufficiently .....

Jagat Tarini Dasi and on Her Death Her Heirs and Legal Representatives ...

Court : Kolkata

Reported in : 3Ind.Cas.324

..... at the sale in execution of the decree for rent due on the putni and by the subsequent service of notice under section 167 of the bengal tenancy act they have superseded the rights of both the putnidar and darpatnidar and have become entitled to realise rent directly from the defendants. if, therefore, they are now ..... on behalf of the appellant raises a question of considerable importance, the solution of which depends upon the construction of section 148(h) of the bengal tenancy act. that section provides that notwithstanding anything contained in section 232 of the code of civil procedure, an application for execution of decree for arrears of rent obtained ..... 23rd december 1906 the zemindar, jagat tarini dasi, the auction-purchaser of the putni, served a notice upon the durpatnidar under section 167 of the bengal tenancy act and annulled his encumbrance on the 23rd january 1907. kishori lal executed a conveyance in favour of jagat tarini in respect of all arrears of rent realisable from .....

Emperor Vs. Barendra Kumar Ghose

Court : Kolkata

Reported in : 81Ind.Cas.353

..... direction, as also erroneous reception or exclusion of evidence. in cases of misreception of evidence, the court was faced with section 167 of the indian evidence act and felt constrained to consider whether the balance of evidence left after exclusion of what had been erroneously admitted was sufficient to support the conviction. in cases ..... follows: every man is responsible criminally for what of wrong flows directly from his corrupt intentions; but no man, intending wrong, is responsible for an independent act of wrong committed by another. if one person sets in motion the physical power of another person, the former is criminally guilty for its results. if, ..... did the indian legislature deal with this position? the penal code was after much consideration, finally passed on the 6th october, 1860. the english accessories and abettors act was also, after prolonged investigations, passed in the following august. the two are, no doubt, closely connected, though i am not able at the moment to .....