Court : Kolkata
Reported in : AIR1968Cal170
..... to try a statutory offence constituted by a breach of a contract which is made an offence only in the area where the west bengal premises tenancy act operates: it is not an offence elsewhere ..... chief judge, small causes court, calcutta, or for the matter of that the transferee judge of the court is not competent to hear appeals from orders af the rent controller made under section 30 or 31 of the act which are passed in proceedings of a quasi criminal nature to which the provi-tions of the criminal procedure code are attracted, that as such the order appealed against is without jurisdiction and is liable to be set aside.7 ..... 31 of the west bengal premises tenancy act 1956 (hereinafter to be referred to as the act) found that the allegation regarding interference with the supply of filtered water had been proved and on this finding he imposed a ..... appeal filed with the leave of the court under section 417(3) of the criminal procedure code against the order of a judge, small causes court, calcutta functioning as the appellate authority under section 29 of the west bengal premises tenancy act 1956. ..... maintains or alters the fine and in deciding to the contrary on the facts involved, sets aside the order imposing the fine no question of conviction or acquittal is involved in the proceeding under sections 30 or 31 of the act or in the appellate order passed under section 29 and the appellate authority which does not function under the criminal procedure code is not a court under section 6 of that code .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2009Cal140,(2008)4CALLT420(HC),2008(4)CHN420
..... constitution of india varies according to nature of writs prayed for or the nature, of the order impugned while a fixed court-fee is payable on the application under article 227 of the constitution of india according to the west bengal court-fees act.21. ..... in the case of surya dev rai (supra) the supreme court considered the question as to whether in view of the amendment in section 115 of the civil procedure code brought in by act 46 of 1999 with effect from 1-7-2002, an aggrieved person would be completely deprived of the remedy of judicial review, if he has lost in the original and the appellate court, though a case of gross failure of ..... kb 171 at p.205(c):whenever any body or persons having legal authority to determine questions affecting the rights of subjects and having the duty to act judicially act in excess of their legal authority they are subject to the controlling jurisdiction of the king's bench division exercised in these writs.17. ..... west bengal and ..... west bengal ..... . 297-98, para 578) as follows:a decision is given per incuriam when the court has acted in ignorance of a previous decision of its own or of a court of coordinate jurisdiction which covered the case before it, in which case it must decide which case to follow; or when it has acted in ignorance of a house of lords decision, in which case it must follow that decision; or when the decision is given in ignorance of the terms of a statute or ..... income tax officer reported in : [1965]57itr349(sc) , it has been observed .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1972Cal524,77CWN30
..... in the plaint it is claimed that the defendant would not be entitled to any protection from eviction under the provisions of the west bengal premises tenancy act of 1956 (hereinafter referred to as the said act) by reason of the fact that the tenant had defaulted in the payment of rent to his previous landlords as well as to the plaintiffs who were the successors-in-interest of those landlords 'since september 1957 and also for ..... cases, where large powers are giyen to certain authorities the exercise whereof may make serious inroads into the rights of property of private in-dividuals, we have to see whether there is any guidance to be collected from the act itself, its object and its provisions, in the light of the surrounding circumstances which made the legislation necessary taken in conjunction with well-known facts of which the court might take judicial notice'.these ..... the principal question of law that induced the division bench on 19 february 1968 to make a reference of the case to a special bench was the question as to whether the amendment of the proviso to sub-section (4) of section 17 of the act of 1956 introduced by the west bengal premises tenancy (amendment) ordinance. ..... 565 of 1965 (call) in which we have held that under the amended proviso, no decree or order for delivery of possession can be made against a tenant who has not committed a default, inpayment of rent for four months within a period of 12 ..... 198 of 1965.31. .....
Tag this Judgment!Court : Kolkata
Reported in : 1991CriLJ922
..... from section 4(2) of the west bengal criminal law amendment (special courts) act, 1949 read with the schedule it will be seen that the special court is competent to try ..... and such audit is to be made by the accountant general, west bengal. ..... its accounts are subjected to statutory audit by the accountant general of west bengal. ..... of an alleged confession the court has to be satisfied that, it is voluntary, it does not appear to be the result of inducement, threat or promise as contemplated by section 24, evidence act and the surrounding circumstances do not indicate that it is inspired by some improper or collateral consideration suggesting that it may not be true. ..... audit reports is a serious lacuna in the prosecution case which makes it vulnerable on the basis of section 114 of the evidence act as also the cardinal principle of criminal law that the prosecution must prove its case beyond reasonable doubt. ..... the court below sought to overrule this objection as to jurisdiction by referring to the proviso to sub-section (i) of section 4 of the said act reading as follows:'provided that when trying any case, a special court may also try any offence other than an offence specified in the schedule, with which the accused may ..... 7,000/ - was given to the appellant on november 10, 1965 for being taken to the head office but the mere entry, unsupported by any oral ..... state of maharashtra, 1965 (2) cri lj 431 (supra), the supreme court approved the view taken in the division bench of this court in .....
Tag this Judgment!Court : Kolkata
Reported in : 2004(3)CHN187
..... . there was also nothing in the medical council act, 1956 or in the west bengal medical council act, 1914 to control the participation of the doctors in the treatment of a ..... . halder, it was argued that he suggested proper treatment along with supportive therapy to prevent the adverse effect of steroid by prescribing other medicines like zinetac (for preventing peptic ulcers), menabol (for counter-acting catabolic effect and osteoporosis by user of prednisolone), pot chlor (potassium in case of treatment of prednisolone), shelcal (calcium for decreasing the rate of early glucocorticoid induces bone loss), fusys (flucanazole for preventing fungal ..... . the said order is dated 18.6.2002 and on its basis, the west bengal medical council found the accused doctors not responsible for the death of ..... police investigation of this country, or,(ii) the police investigation could unveil some untold facts or circumstances leading to the untimely death of anuradha.be that as it may, by filing a complaint for the purpose of proving the rash and negligent act against the three specialized doctors, the complainant party intentionally took upon themselves a heavy burden of proving the case which they actually failed to discharge ..... asok kumar chowdhury was the president of the west bengal medical council and p.w ..... 9, shri dilip kumar ghosh is the registrar of west bengal medical council ..... of 1999 and the disciplinary proceeding before the west bengal medical council. ..... state of maharashtra, : [1965]2scr622 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1972Cal430,1973CriLJ162,76CWN486
..... power of court to set aside decree in cases where defence against delivery of possession struck out: where a decree for the recovery of possession of any premises was passed before the commencement of the west bengal premises tenancy (amendment) act, 1968, in a suit in which the defence against delivery of possession was struck out by an order under sub-section (3) of section 17, hut the possession of such premises has not been recovered from the ..... of opinion that it was necessary for the petitioner to file in the trial court an application under section 17-b (1) of the west bengal premises tenancy (amendment) act, 1968 for setting aside the order of march 27, 1965, by which the petitioner's defence against recovery of possession was directed to be struck out and for other necessary reliefs. mr. ..... same statute there is a particular enactment, such as that in the west bengal premises tenancy (amendment) act, president's act 4 of 1968, published and made known to the public, for the first time, on march 26, 1968, and introducing in the parent act section 17-a, the language of which is clearly prospective, and there is also a general enactment, such as section 1 (2) prescribing that the aforesaid (amendment) act shall be deemed to have come into force on august 26, 1967, ..... onthe 27th march, 1965, the court passed an order under section 17 (3) of the west bengal premises tenancy act, 1956, striking out the tenant's ..... were also enacted by the west bengal legislature by the act 29 of 1965. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1975Cal58
..... be entitled to quarry sand or to dig or use earth or clay of their holdings for manufacture of bricks for purposes other than his own, it may be contended that the same are legitimate matters to be provided in section 4 of the west bengal land reforms act which lays down the extent of rights of raiyats in respect of lands comprised in their holdings but, section 4(2-a)(b) further provides chat a raiyat will be entitled to dig or use or permit any person to dig or use earth or clay ..... the petitioner is not estopped by reason of filing objection against the notices issued by the additional dis-trict magistrate, bankura to show cause why he shall not be prosecuted, under section 4(2-b) of the west bengal land reforms act, 1955 and why steps shall not be taken against him for realization of damage/compensation. ..... and the two amending acts, namely, the west bengal land reforms (amendment) act, 1955 and the west bengal land reforms (amendment) act, 1966, were legislation relating to the rights in or over lands within the meaning of entry 18, list 11 of 7th schedule of the constitution of india mr. ..... 1965 (west bengal act xviii of 1965) inserted sub-sections (2-a), (2-b) and (2-c) in section 4. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal1,71CWN719
..... case, what was challenged was sections 4 and 9(1) of the west bengal criminal law amendment (special courts) act (21 of 1949) unlike the impugned act in anwar ali's case (supra) this act contained a schedule of offences which could be tried by the special ..... it will be remembered that under the proviso to section 1 of the west bengal premises tenancy act, 1956 premises belonging to government have been excluded from the operation of the act in the full bench case of air 1903 all 528 the allahabad high court ..... in a somewhat worse position than a person holding private lands the proviso to section 1 of the west bengal premises tenancy act, 1956 states that the 1956 act does not apply to any premises belonging to government. ..... by the west bengal special courts act, 1950 (west bengal act 10 of ..... held that the power of selection was not unguided similar is the case in : [1957]1scr605 (supra) in the present case, it is true that the delegate of government need not proceed under the act in all cases but only where he thinks it neccs-sary but, this exercise of discretion is not unguided, because we have firstly the background of the enactment in the objects and reasons, the preamble ..... below, has been terminated on the expiry of the month of may 1964 by a notice dated 22-4-1965 from the deputy director of estates and ex-officio under secretary to the govt. ..... if the division bench judgment (1965) 69 cal wn 1035 is correct, then this notice is invalid in our opinion, that decision is not ..... 1965) .....
Tag this Judgment!Court : Kolkata
Reported in : (2001)1CALLT231(HC),2001(1)CHN259
..... in the year 1966 a requisition was made purported to be under the west bengal fisheries (requisition and acquisition) act, 1965, relevant portion whereof reads thus :--'now, therefore, in exercise of the power conferred by sub-section (1) of section 4 of the west bengal fisheries (regulation and acquisition) act, 1965 (west bengal act xx of 1965) and read with the authority so vested in me as aforesaid, i do hereby requisition the fishery with without adjoining lands mentioned in schedule below and make the following further order, namely;i, delivered possession ..... writ application, the vires of the west bengal fisheris (requisition and acquisition) act, 1965 was also questioned. ..... --(1) the rights and interest of allnon-agricultural tenants and under-tenants under the west bengal non-agricultural tenancy act, 1949 (west bengal act xx of 1949) shall vest in the state free from all encumbrances, and the provisions of sections 5 and 5a of the west bengal estates acquisition act, 1953 (west bengal act 1 of 1954) shall apply, with such modifications as may be necessary, mutatis mutandis to all such non-agricultural' tenants and under-tenants as if such non-agricultural tenants and under ..... . we may place on record that apart from the aforementioned provision no other provision exists either in the west bengal estates acquisition act or in the west bengal land reforms act whereby and whereunder the classifications of the land can be changed so as to hold that the same had vested .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1994Cal166,98CWN544
..... ) a division bench of this court, presided over by salil kumar dutta-j) as his lorship then was), while considering an appeal filed under section 133a(2) of the west bengal cooperative societies act, 1940, held that by virtue of section 29(2) of the limitation act, the period for obtaining copy of the impugned award and its reasons, must be excluded, even though the certified copy was not required to be filed with the appeal. ..... from the discussions made herein-above and considering the scheme of the act and particularly considering the fact that section 5 of the limitation act, has been made expressly applicable to some of the provisions of the act by the legislature; i am not in a position to hold, on reliance of the aforesaid decision of the supreme court, that the west bengal land reforms act is a self-contained and a complete code and therefore section 5 of the limitation act is not applicable to an 'application' under section 8 of the ..... rule 26 of the west bengal land reforms rules, 1965 lays down the procedure and the period of limitation for filing the appeal under section 51(a)(5) of the act and before whom such appeal is to be presented. ..... let me now proceed to consider whether section 5 of the limitation act is applicable to an 'application' and/or 'proceeding' under section 8 of the act even when the west bengal land reforms act is not a self-contained and a complete code.23. .....
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