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 .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)2CALLT215(HC)
..... of the people of the state?6. it has been submitted by mr. roy, learned advocate for the petitioner that before enacting the race course betting act 1928 and the betting actof 1926 the parliament in england appointed a select committee in 1923 and the evidence adduced before the committee on behalf of the national free church council as to ..... immediate gain to the revenue.5. a new vested interest would be created by the licensing or registering of book makers, which, like the vested interest of the liquor trade, would prove a hindrance to political and social progress.6. it is the duty of the state to protect the youth of the nation from the harmful effects upon ..... betting in small sums.2. it was impossible to stop betting unless horse racing were stopped, which was not considered desirable.3. as a result of the betting houses act (the act of 1953) betting had been thrown out into the streets where it was greatly on the increase. public house betting was not prevalent, the risk of the loss .....
Tag this Judgment!Court : Kolkata
Reported in : (1996)2CALLT183(HC),100CWN900
..... and 31. in modem mohan pathak's case : (1978)illj406sc even progressive judges were obliged to resort to the right to property for protecting the trade unions' claim against the employer (l.i.c.).'84. property is considered to be a right whether constitutional or legal. if no compensation at all was ..... citizen. even requisition of a movable or immovable property which caused temporary deprivation requires payment of compensation.88. although there exists a presumption that an act is constitutional and that legislature understands and appreciates needs of the people, but when the law is exfacie discriminatory or arbitrary or violative of any ..... there was no distinction between agricultural tenancy and non-agricultural tenancy, thus cannot be accepted. as noticed hereinbefore even in west bengal estate acquisition act also a distinction has been made and even the intermediaries became entitled to retain non-agricultural lands to the extent indicated therein apart from their residential .....
Tag this Judgment!Court : Kolkata
Reported in : (1996)1CALLT178(HC),1996LabIC1446,(1996)IILLJ416Cal
..... contains a prohibition against unfair labour practice. it is mentioned hereinafter: '25t prohibition of unfair labour practice -no employer or workmen or a trade union, whether registered under the trade unions act, 1926 (16 of 1926) or not, shall commit any unfair labour practice.' to transfer a workman mala fide from one place to another, under the guise of following management policy.'therefore, considering the scope ..... a whole orto a section thereof, it is an industrial dispute. it is precisely for this reason that section 2-a was inserted by amendment act, 35 of 1965. in the instant case indisputably, the employees' union had filed the suit vindicating their right against the management. therefore, in the light of the above decision no other inference could be drawn than .....
Tag this Judgment!Court : Kolkata
Reported in : [1996(73)FLR1154],(1997)IIILLJ685Cal
..... contains a prohibition against unfair labour practice. it is mentioned hereinafter.'25t prohibition of unfair labour practice -employer of workmen or a trade union, whether registered under trade unions act, 1926 (16 of 1926) or not, shall not commit any unfair labour practice. to transfer a workman malafide from one place to another, under the guise of following management policy.' 13. therefore, considering the ..... a whole or to section thereof, it is an industrial dispute. it is precisely for this reason that section 2-a was inserted by amendment act, 35 of 1965. in the instant case undoubtably, the employees' union had filed the suit vindicating their right against the management. therefore, in the light of the above decision no other inference could be drawn than .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1996Cal331
..... lawyers and for the purpose of maintaining high standard in the profession and the weapon of strike or adoption of any other similar trade union like activities is ultra viresthe letter, spirit and scheme of the advocates act 1961 and the role of the advocates.27. it has been further contended by mr. pal that the interest of the ..... for such period it deems fit; by removing the name of the advocates from the said roll of advocates.60. an examination of the bar counci! act 1926 and the advocates act 1961 will clearly indicate that the state bar council has no power or jurisdiction to take away the right of an advocate to practice as of right ..... and, therefore to practise legal profession is guaranteed art. 19(1)(g) of the constitution and their right to practice under section 14 of the indian bar council act, 1926 is subject only to the restriction laid down therein which are regulatory measures within the meaning of reasonable restriction under art. 19(b) of the constitution of india. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1996Cal89,100CWN357
..... force. this is clearly not permissible under s. 1(2) of the act. 74. it is the contention of mr. s. gupta, learned advocate for respondent no. 14 that this aspect of the matter was not considered by the supreme court in the cases relied upon on behalf of union of india. it has been submitted on behalf of respondent no. 14 ..... order1. this writ petition was filed by peoples' union for civil liberty and thirteen public men of eminence praying for a mandate on the central government to implement the prasar bharati (broadcasting corpn.) act, 1990 forthwith without further delay.the petition was moved with notice to the central government, its officers, all recognised national political parties and their leaders. all india joint council .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1996Cal28,100CWN197
..... maghi who has lodged the first information report is a member of a trade union which is affiliated to citu.'it is a common knowledge that both the trade unions are rival of each other.84. the court of inquiry is not dealing with any matter under industrial disputes act. it has to deal with the causes and circumstances of the accident ..... which took place in the colliery. only because sri tiwari is a member of trade union, the same ipso facto does not mean that he will be biased or there is ..... misconduct; duty to act fairly carried out although disciplinary reference instituted by the deciding body'.82. it may, however, be noticed that this case has also been referred to at page 565 of wade and forseith's administrative law (1994 edn.).83. the apprehension against shri tiwari is that he being a member of trade union affiliated to aitug .....
Tag this Judgment!Court : Kolkata
Reported in : (1996)2CALLT28(HC)
..... a question of the disputed authorship of handwriting as has been observed by our high court in the case of khijiruddin in and ors. v. emperor air 1926 calcutta 139 (d.b.), that where other evidence is not available and the handwriting has not been proved by independent evidence to be handwriting of a particular ..... is necessary to observe that expert's evidence as to handwriting is opinion evidence and it can rarely, if ever, take the place of substantive evidence. before acting on such evidence it is usual to see if it is corroborated either by clear direct evidence or by circumstantial evidence....................'16. moreover, superior courts also in ..... haradhan banerjee, learned advocate appearing on behalf of the wife/opposite party, however, contends inter alia, referring to the provisions of sections 73 of the indian evidence act, that the court has the power to compare and/or examine itself the admitted signatures of a person with his disputed signatures on record without calling for a .....
Tag this Judgment!Court : Kolkata
Reported in : [1996]219ITR169(Cal)
..... and 1971-72 involves the question of status of the assessee and its entitlement to exemption under section 5(1)(i) of the act. the assessee is a body registered under the trade unions act, 1926. the objects of the association are enumerated in rule 3 of chapter i of the rules and regulations of theassociation. the wealth-tax ..... officer initiated the wealth-tax proceeding by issue of notices under section 17 of the act in respect of the assessment years under reference. in ..... first point that has to be noted is that the assessee here is a juristic person and not a natural person. it is registered under the trade unions act. section 13 of the trade unions act invests it with the juristic character with the power to acquire and hold property. the wealth-tax officer, in the case, has held that such .....
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