Court : Kolkata
Reported in : 2007(4)CHN842
..... cochin : [1980]2scr913 ; kasturi lal lakshmi reddy v. state of jammu & kashmir : [1980]3scr1338 : and francis coralie mullin v. administrator, union territory of delhi : 1981crilj306 .40. just as a mala fide act has no existence in the eye of law, even so, unreasonableness vitiates law and procedure alike. it is thereafter essential that the procedure prescribed by ..... of that state government or without any notification or order having been issued in that behalf under section 6 of the delhi act.111. in the case of gudalure m.j. cherian and ors. v. union of india and ors. (supra), the petition was filed under article 32 of the constitution of india and pil by ..... corporation, etc. etc. v. union of india, etc. etc. reported in : air1992sc248 , where it is held that 'power under article 142 is at a entirely different level and of a different quality'.47. learned advocate general then submitted that the delhi police act is based on a public policy and that policy needs to be respected. therefore .....
Tag this Judgment!Court : Kolkata
Reported in : (2007)3CALLT606(HC)
..... if not estoppel. besides, i find it is an extreme case of approbate and reprobate on the part of the third defendant. in case of byran pestonji gariwala v. union bank of india and ors. reported in : air1991sc2234 the supreme court in paragraph 41 of the said judgment has observed that the decree passed on compromise constitutes res judicata. ..... w/o. shantilal durg). a decree simply for execution of a document is a valid decree and may be executed, mr. mitra refers to a decision reported in air 1926 cal 975 in case of ashwini coomar banerjee v. ram gopal mukerjee and ors.).11. from the argument of both the parties in this matter it appears to me that ..... jurisdiction must be taken at the first available opportunity and if such plea is not taken by a litigant, on contrary the person concerned has accepted and/or acquiesced by act and conduct, decree on all earlier occasions, at later stage he or she cannot turn round taking different and contradictory stand. the fairness on the part of the .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN44
tapan kumar dutt, j.1. the first petitioner claims to be a trade union of owners and pullers of jin-rickshaws registered under the trade unions act, 1926. the second petitioner claims to be its general secretary while the third and the fourth petitioners claim to be a owner and a puller of ..... jin-rickshaw respectively. they are aggrieved by the inaction of the kolkata municipal corporation (hereafter the corporation) and its authorities in renewing certificates of enlistment under section 199 of the kolkata municipal corporation act ..... in order, grant is the rule. once section 199 read with schedule iv, entry 36 of the k.m.c. act, requires a person to obtain a certificate of enlistment for engaging in the trade of using or plying jin-rickshaws, and such statutory provision is still in vogue, the application for renewal has to be .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(2)CHN142
..... state legislature and covered by the legislative field being entry 18 list ii and that such enactment will prevail over government (crown) grants act, 1895 (1895 act) was held in the decision in azizua subhan v. union of india and ors. : air1966cal570 . that the right of the lessee had assumed different characteristics/complexion is supported by the fact ..... . antarim zila parishad now zila parishad, muzaffarnagar : [1969]1scr518 (para 3) (three-judges bench). this principle has since been followed in whirlpool corporation v. registrar of trade marks 1988 (8) scc 1 (paras 14 to 20).8.3. in this case, as pointed out above, the case is not confined only to the order of eviction ..... terms of any agreement between himself and the landlord, to use or is actually using such land for carrying on therein any commercial or industrial enterprise or any trade or business and (c) for other purposes, if such tenant is entitled, under the terms of any agreement between himself and the landlord, to use or is .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(1)CHN258
..... held that been when a compensation is awarded the de facto complainant need not be heard distinguishing thereby the earlier division bench decision of bhurosa nau v. subhdeo air 1926 cal 1054.41. in all, from the discussion held hereinabove it would be clear that the de facto complainant has no inherent right of audience before the court ..... which would be very clear from the evidence. the evidence with regard to the question of gang rape hearing being established, the rigors of section 114a of the evidence act would at once apply with full force. this part of the evidence in fact, covers great portion of the prosecution leaving little scope for the defence.52. simply ..... second sub-section, which is sought to be invoked by the appellant, imposes the curb on a counsel engaged by any private party. it limits his role to act in the court during such prosecution 'under the directions of the public prosecutor'. the only other liberty which he cat' possibly exercise is not to submit written arguments .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(4)CHN188
..... establishment aggrieved by any decision of the registrar under chapter iiia of the said act was introduced in the trade unions act, 1926 by way of the trade unions (west bengal amendment) act, 1983 without defining industrial establishment, the rules framed under the said act in 1998 cannot give a restricted meaning to the concept of industrial establishment ..... international can be regarded as an industry. the definition of 'industry' as defined in section 2(aa) of the trade unions act, 1926 as well as clause (j) of section 2 of the industrial disputes act, 1947, are set out hereunder:section 2(aa) - 'industry' shall have the same meaning as in clause (j ..... given to the registrar to the effect that if an application is made by the appellant therein, viz., hotel hindusthan international karmachari union under section 28a of the trade unions act, 1926, such application shall be decided in accordance with law by treating the hotel as 'industry'.3. an application under section 28a of .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(1)CHN241
..... an embargo on the conversion of water area for other use by inserting chapter iii a to introduce section 17a in the west bengal inland fisheries act, 1984 (1984 act). section 17a(1)(b) provides that 'no person shall fill up any water area including embankment or naturally or artificially depressed land holding as aforesaid ..... mr. sakti nath mukherjee, learned senior counsel, appearing on behalf of sanjeevani projects (p) ltd., was that section 4c of the west bengal land reforms act, 1955 (wblr act) has no manner of application in the present case. he had also argued that the land, being land falling on the north of the canal of ..... chief justice v. dikshitulu, : [1979]1scr26 ; jalan trading co. v. aney, : (1979)illj162sc ; mukesh v. state of madhya pradesh, : 1985(20)elt212(sc) ; laxmi kant v. union of india, : [1987]1scr383 and a.b.k. singh v. union of india, : (1981)illj209sc .16.1. in grih kalyan kendra workers' union v. union of india, : air1991sc1362 and literate association v. state of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2006Cal142,(2006)1CALLT259(HC)
..... issues as has been indicated hereinabove a summary judgment under chapter 13a cannot be passed and in support of his submission he has relied on following decisions : : [2002]2scr1074 , air 1926 cal 713. : air1998sc2317 , : [1958]1scr1211 .9. having heard the respective contentions of the learned counsels i am of the opinion that the pronouncement of a final judgment under chapter 13a ..... notice of the learned advocate on record served upon the defendant only few days before the filing of the suit cannot be termed to be a notice under the interest act. if the entire case made out by the defendant is considered it will appear that the plaintiff has no claim at all. on the contrary, the defendant has a counter .....
Tag this Judgment!Court : Kolkata
Reported in : (2006)1CALLT87(HC)
..... l. chandra kumar v. union of india.3. no other controversy of the case was urged before us in this matter.4. in order to appreciate the nature of the question involved in this ..... construed as a reference to the advocate general of the state.7. from the aforesaid statutory dispensation, it is clear that lrtt has been created under the said act. the said act has been enacted pursuant to the provisions of the constitution. the constitution itself provides that such a tribunal may have powers including the power to punish for contempt. ..... point on which the matter was argued before this court was whether the order of lrtt by which it refused to exercise its jurisdiction under the contempt of courts act can be assailed before this court under article 226 of the constitution of india in view of the constitution bench judgment of the supreme court in the case of .....
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