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Superintending Engineer and ors. Vs. B. Subba Reddy

Court : Supreme Court of India

Reported in : AIR1999SC1747; 1999(2)ARBLR304(SC); 1999(2)CTC507; JT1999(3)SC311; 1999(2)MPLJ187; (1999)122PLR585; 1999(3)SCALE55; (1999)4SCC423; [1999]2SCR880; 1999(2)LC881(SC)

..... back upon clause (a) of section 41 to content that clause (a) makes the cpc applicable to all proceedings before the court and to all appeals under the act and, therefore, the appellant was entitled to invoke order 39 of the code to get an injunction order even if the conditions of clause (b) of section ..... inapplicable because that article referred to 'plaint, application or petition (including memorandum of appeal), to set aside or modify any award otherwise than under the arbitration act, 1940' and that no court fee was payable on cross-objections, this court held as under ;before article 3 of schedule 1 can be attracted, there must be (1) a plaint, application or petition (including a ..... of rules made thereunder-(a) the provisions of the cpc, 1908 (5 of 1908), shall apply to all proceedings before the court and to all appeals, under this act; and(b) the court shall have, for the purpose of, and in relation to, arbitration proceedings, the same power of making orders in respect of any of the matters set out ..... statutory right of appeal is given under section 38(3) of the bengal money lenders act, there is no right given to file cross-objection and that if a litigant is aggrieved by a decision of any court under section 38 of the said act his remedy is to file an appeal. ..... 1965]1scr712 , the main question for consideration before this court was whether the appellant could be said to be guilty of a corrupt practice as contemplated by section 123(3) of the representation of people act .....

Maharashtra State Board of Secondary and Higher Secondary Education Vs ...

Court : Supreme Court of India

Reported in : JT1991(2)SC296; 1991(1)SCALE187; (1991)2SCC716; [1991]1SCR773

..... respect of the final examination and, without prejudice to the generality of the foregoing, shall include...tampering with the documents issued by the board or otherwise howsoever changing a candidate's results in any manner whatsoever and generally acting in such a manner so as to affect or impede the conduct of the final examinations and fair declaration of results thereof.clause (4) empowers to conduct an enquiry either suo moto or on a complaint about any ..... appointed under section 23; (f) the arrangement for the conduct of final examinations by the divisional boards and publication of results; (n) any other matter which is to be or may be prescribed under this act.sub-section (3) provides:no regulation made under this section shall have effect until the same has been sanctioned by the state government.thus it is clear that the state board is empowered to constitute the ..... with power to grant licence to hold the fair under section 117 of west bengal panchayat act, 1973. ..... and debarring the candidate for five more examinations and/or to lodge complaint by the concerned institution/authority to police department.thus a conspectus of these relevant provisions of the act, regulations and resolutions clearly cover the entire field of operation regarding the use of unfair means at the final examinations specified the competent authorities and the procedure to deal ..... under the maharashtra secondary and higher secondary education board act of 1965 for short 'the act' was devoid of power. .....

In Re: P.C. Sen, Chief Minister of West Bengal

Court : Kolkata

Reported in : AIR1966Cal411,1966CriLJ883,70CWN579

..... but also to supply or to transport the same and/or to deliver the same to various customers within and outside calcutta as well intra the state of west bengal or outside of west bengal ***'your petitioners crave leave to refer tothe copy of the jugantar dated november 21, 1965, wherein it would appear that about 500 to 600 maunds of chhana and 500 maunds of khoa kheer comes to the calcutta market daily from patna, bhagalpore, delhi and kanpore which has also been ..... transfer of a contempt proceeding from the pepsu high court to any other high court, under the provisions of section 527 of the code of criminal procedure, on the theory that contempt punishable under the contempt of courts act, 1952 was an offence to which section 5 of the criminal procedure code applied and was triable under the provisions of the code. ..... case of those three courts, the charter of 1774 which established the supreme court of bengal, while providing in clause 4 that its judges should have the same jurisdiction as the court of king's bench in england, also expressly stated in clause 21 that the court is empowered to punish for contempt.when the supreme court of bengal was abolished, the high courts act of 1861 continued those powers to the chartered high courts by sections 9 and 11 and clause .....

Smt.Sapna Jotwani. Vs. Ghanshyam Singh Patel

Court : Madhya Pradesh

..... state of west bengal and another air 1965 sc 1887 in which it has been held that documents may be taken after judgment of acquittal but in very rare of the rarest case and famous case zahira (supra) about failure of near about all machinery of state ..... in letter dated 23.10.2008 it has been said that information given by the bank in right to information act, 2005 (rti act), the concerned account was opened on 20.4.2005 from which the relevant cheque was issued and other documents have been filed as document no.1 and 2. ..... this appeal, by leave, has been filed against the order dated 2.11.2006 of acquittal of respondent of the offence u/s 138 of negotiable instruments act ( hereinafter referred to 'the act' for short) passed by judicial magistrate, first class, bhopal in r.t. ..... learned counsel for the respondent has objected that rti act came into force since 2005 and application was moved in 2008 while this case was decided in 2006 so these documents information about bank has been procured after judgment of the case and other .....

Mrs. Usha Uthup Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1984Cal268

..... 6, can be characterised as an authority falling within the definition of 'state' in article 12 of the constitution the mahajati sadan act xvi of 1949 (hereinafter referred to as the act) was passed by the west bengal state legislature, inter alia, for speedy acquisition of the properties mentioned in the first schedule of the act for the continuance and completion of the erection of the mahajati sadan and its maintenance, management and use and also for the creation of ..... a fund called the mahajati sadan fund to which would be credited the sums of money, inter alia, paid or granted by the state government and the corporation of calcutta, under section 10 of the act the state government would contribute annually for the purposes of the sadan a sum of rupees twenty-five thousand and under section 11 the corporation would similarly contribute a sum of rupees five thousand under section ..... of the public halls in calcutta, including those owned and managed by the state government and in her functions various dignitaries including the present and past governors of west bengal, the chief minister of west bengal and mother teresa had. ..... , including those under the red cross, the chief minister of west bengal, (he indian navy and mother teresa have been benefited. ..... income-tax officer, special circle, d ward, kanpur, reported in : [1965]57itr349(sc) the supreme court held :'this article is couched in comprehensive phraseology and it ex facie confers a wide power on the high courts to reach .....

Jugal Kishore More Vs. Chief Presidency Magistrate Calcutta and ors.

Court : Kolkata

Reported in : AIR1968Cal220,1968CriLJ604,71CWN508

..... government of west bengal, (3) the state of west bengal, (4) the under secretary, ministry of external affairs, government of india, and (5) the union of india, why the warrant of arrest dated july 30, 1965, and all proceedings taken pursuant thereto should not be quashed, and restraining the five respondents just named from, amongst others, taking any further steps pursuant ..... contiguity or otherwise, it may seem expedient to her majesty to apply, by periodic orders in council, and section 14 wherein providing that the magistrate, on being satisfied that the warrant is duly authenticated as directed by the act, and was issued by a person having lawful authority to issue the same, and that the prisoner brought before him is the person named or otherwise described in the warrant, may order such prisoner to be returned ..... to try such offence, just as the mandate of the west bengal criminal law amendment (special courts) act ..... . whereas brother amaresh roy holds that the view of the magistrate has taken of the municipal law of his country, namely, the fugitive offenders act, 1881, cannot sully either the sovereignty of india or her honour.brother alak gupta feels strongly about it and observes:'i do not know what led the authorities ..... i find stranger is that even after they came to learn that the magistrate at hong kong was proceeding under the fugitive offenders act which regards india still as a british possession, the authorities at this end did not withdraw the request made but chose to .....

Mian Bashir Ahmad and Etc. Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

..... air 1975 sc 1146 related to the challenge to the validity of section 13 (3a) of the west bengal premises tenancy act, as amended by act of 1969. ..... be reasonable to hold that even after the five judges judgment in nambiar's case (supra), the view in sharma's case still holds the field of its approval by the seven judges bench in the presidential reference case of 1965 (supra) the presidential reference case was also not noticed in nambiar's case even though it had come out earlier. ..... in the circumstances stated above, the decisions in the cases of sharma (air 1959 sc 395) and reference under article 143 (air 1965 sc 745) (supra) cannot be treated as authorities for the view that the legislator's right of speech in the legislature is a fundamental right ..... and nature of the privileges under article 194(3) of the constitution even then in view of air 1976 sc 2437 and air 1976 sc 2547, the view expressed in sharma's case which stands approved by a larger bench in air 1965 sc 745 (presidential reference case) has to be preferred to that of the view expressed in nambiar's case, which is a decision of a smaller bench. mr. ..... it certainly imposes a restriction on the freedom of speach and expression but as held by the supreme court in air 1965 sc 845, it is a permissible restriction as it is imposed in the interest of 'decency and morality'. ..... in the matter of reference under article 143 of union constitution (air 1965 sc 745) (supra), article 194(3) again fell for consideration by the supreme .....

NitIn Chakravarti Vs. V.S.C. Bonarjee and anr.

Court : Kolkata

Reported in : AIR1970Cal477,74CWN958

..... acts mentioned in the said order are: bengal finance (sales tax) act, 1941, bengal motor spirit (sales tax) act, 1941, bengal raw jute taxation act, 1941, west bengal sales tax act, ]9o4, west bengal tax on entry of goods in local areas act, 1955, central sales tax act, 1956, bihar sales tax act, 1947 and bengal sales tax act, ..... , 1950 'state of west bengal' was substituted for the words 'presidency of fort william in bengal' and the word 'bengal' by 'west bengal' by paragraph 2 of article 3 of the indian independence (adaptation of bengal and punjab acts) order, 1948. ..... the petitioner in this rule challenges the order passed by the additional member, board of revenue, west bengal, whereby the petitioner was asked to show cause why he should not be dealt with for contempt of the court's order ..... section 7 of the act reads as follows :--'the board of revenue for west bengal shall have the same powers of dealing with contempt of the board on in respect of any proceeding before the board as it the board were a high court referred to in article 214 of tho ..... code but the tribunal must be subordinate to the high court or, in other words, it was held by the supreme court that the subordination for the purpose of section 3 of the contempt of courts act meant judicial subordination not subordination under the hierarchy of the courts under the civil procedure code or the criminal procedure code. ..... weekly 'amar bangla' in its issue dated 13th may, 1965 containing matters in the editorial notes. .....

Indian Cable Company Limited Vs. Smt. Sumitra Chakraborty

Court : Kolkata

Reported in : AIR1985Cal248,1985(1)CHN428,(1985)2CompLJ64(Cal),89CWN559

..... such being the manner in which the plaintiff had been thrown out of the suit property not only in breach of the provisions of the west bengal premises tenancy act, but also wrongfully and by abuse of process of criminal court at a point of time when the tenancy in their favour was still continuing, i cannot but hold that they are entitled to be restored to possession even on an interlocutory application ..... in contending that the defendant having wrongfully dispossessed the plaintiff in a surreptitious manner to forestall legal proceeding against her and such dispossession having been effected in gross violation of the plaintiff company's protection under the west bengal premises tenancy act, it was a fit case where the court should even on an interlocutory application, direct restoration of possession. 7. ..... march 24, 1982, when she took over possession of the suit premises she knew it very well that she had no right to do so during the continuance of the tenancy and in breach of the statutory protection under the west bengal premises tenancy act. ..... even for the month of march 1982, took the law in her own hands in wrongfuly throwing out the plaintiff in a surreptitious manner and in breach of the plaintiff's statutory protection under the provisions of the west bengal premises tenancy act. ..... it was unlawful for the defendant to look him out of it; see section 30 of the rent act, 1965. ..... there, the plaintiff was a contractual licencee who enjoyed the protections under the rent act of 1965. .....

Binani Properties Private Ltd. Vs. M. Gulamali Abdul HossaIn and Co. a ...

Court : Kolkata

Reported in : AIR1967Cal390

..... document of 'binani', but it does form part of public records kept in the state of west bengal in the custody of the registrar of joint-stock companies. ..... and such circuity cannot be preferred to the pleadings and evidence upon which the finding of the subtenancies being post-act ones rests--the same method is equally applicable to post-act subtenancies which have got to be notified too, but under section 16(1), and non-notification of which does also ..... but where (as here) parties deliberately depart from the pleadings, enter into evidence about the sub-tenancies being pre-act ones or post-act ones, with the knowledge that this is very much at issue, upon which the applicability of section 13 (1) (a) depends, though no specific issue is there, and have elaborate arguments addressed ..... out the lessees (basunias) by force no more than is necessary, on the assumption that no law other than the transfer of property act is excluded, cannot but rank as obiter, wholly unnecessary for the decision come to--a decision which remains intact, even if these observations are excised ..... of west bengal v. ..... an attempt is made to reach the same conclusion; that the sub-tenancies are not pre-act ones, in another way : 'not to notify to the landlord pre-act subtenancies under section 16(2) of the premises tenancy act (1956), both by the tenant and the subtenants is to commit an offence punishable by section 30(5) the tenant and its so many subtenants (defendants all) must be presumed innocent of ..... 1965 .....