Court : Kolkata
Decided on : Jul-07-2011
..... (1) clj (cal) 143, wherein the said division bench following the earlier division bench judgment of this court in the case of wo bros. v. commissioner, corporation of calcutta, reported in ilr 1977 (1) cal 613 (supra) held that the corporation can allow retention of illegal construction on payment of penalty. mr. mukherjee, learned senior counsel of ..... penal multiplier in calculating the retention charges for sanction of the unauthorised construction of the building in question as there is no provision whatsoever in the kolkata municipal corporation act and/or rules framed thereunder for imposition of such penal rate for the purpose of allowing the retention of unauthorised construction. 25. for the reasons discussed hereinabove ..... at the premises in question carried on unauthorised construction in violation of the sanctioned plan and therefore, a notice under section 400 (1) of the kolkata municipal corporation act, 1980 was served in order to stop any further construction. the kolkata municipal corporation authority thereafter initiated a demolition proceeding being demolition case no. 49-d/iv/07-08 ..... by submitting a plan under rule 3 (2) (e) and (k) of the kolkata municipal corporation building rules 1990 read with section 410 of the kolkata municipal corporation act, 1980. the competent authority of the kolkata municipal corporation thereafter on 8th october, 2005 allowed the respondents/writ petitioners to reconstruct the aforesaid four storied tenanted dilapidated building by .....Tag this Judgment!
Court : Delhi
Decided on : Aug-12-2011
..... five chapters, starts with an introduction outlining the scope, objectives and methodology of audit. the audit involved examination of records in compliance with the delhi school education act and rules framed thereunder by the education department 25 unaided private schools. chapter 2 covers monitoring of the functioning of the schools by the doe. chapter 3 discusses ..... law. accounting operates within legal framework. therefore, banking, insurance and electricity companies have their own form of balance-sheets unlike balance-sheets prescribed for companies under the companies act 1956. therefore, we have to look at the accounts of non- business organizations like schools, hospitals etc. in the light of the statute in question." 47. substantial ..... of the earlier cases, this court has defined the concept of reasonable surplus, profit, income and yield, which are the terms used in the various provisions of 1973 act. 15............. the institutions should be permitted to make reasonable profits after providing for investment and expenditure. however, capitation fee and profiteering was held to be forbidden. subject to ..... 2. to order setting up of an independent regulatory body which may be named as "delhi education regulatory commission", which can regulate issues related with the delhi school education act, 1973 & the delhi school education rules, 1973 having jurisdiction over all the schools including aided schools, un-aided schools, other recognized schools, govt. schools. the role .....Tag this Judgment!
Court : Delhi
Decided on : Sep-09-2011
..... the subject will does not envisage the establishment of a trust; secondly, that since the probate proceedings had admittedly been initiated in 1970 in the high court of judicature at calcutta, legal action, as postulated in the plaint, is not maintainable in delhi. both these legal positions are strenuously controverted by the plaintiffs who have, in addition, asserted that the ..... visage of a executrix with that of a sole trustee. we do not think that sections 300 and 301 of the indian succession act, 1925, relied upon by defendant nos.2 and 3, restrict jurisdiction exclusively to the calcutta high court. this is especially so in view of the fact that the alleged trustee, namely defendant no.1, has uncontrovertedly shifted ..... raised in the plaint, therefore, remain inconclusive even though probate had been granted by the calcutta high court. 19. mr. sudhir chandra next contends that even if the suit is assumed to be maintainable and the curtain is brought down on the provisions of the indian succession act, this court ought not to exercise territorial jurisdiction. the fifth paragraph of the will ..... devises and bequeaths all the testator's properties, moveable and immoveable, except those covered by the preceding paragraph to plaintiff no.1 and defendant no.2 in equal share. it appears that whilst property bearing no.48/2, gariahat road, ballygunge, calcutta has been .....Tag this Judgment!
Court : Delhi
Decided on : Sep-07-2011
..... 4 read with order 47 rule 1 of the code of civil procedure (hereinafter referred to as 'the code') and the second application was under section 5 of the limitation act. 2. the gist of the two applications show that a review was sought of the order dated 05.02.2010. record shows that an application under order 11 rule 14 .....Tag this Judgment!
Court : Chennai
Decided on : Nov-04-2011
..... petitions in crl.o.p.(md) nos. 8741 and 9385 of 2011 are allowed.f.i.r. in crime no.203 of 2011 on the file of the first respondent police, kodaikanal police station, dindigul district, is hereby quashed.consequently, connected miscellaneous petitions are closed. since the f.i.r. in respect of the crime no.203 of 2011 is quashed, ..... mill owner, dindigul. only with their assistance and background the said galada has been ending rowdy elements, threatening our lives, to grab the property. it is very unfortunate that a police officer in the rank of inspector general supporting land grabbers and anti social elements. moreover, signatures were forcefully obtained from zavier michael, our family head to the effect that he ..... for anticipatory bail stating that they are innocent and their names have been falsely implicated in this case. now they are apprehending for arrest at the hands of the respondent police, hence they have come forward with these petitions for seeking anticipatory bail. heard the learned counsel for the petitioners/accused and the learned additional advocate general for respondent.5. ..... to the spot with pockalines and bulldozers took possession of the building forcibly before demolishing them. the strong arm act was perpetrated with active connivance of powerful people and land grabbers.(iii) the defacto complainant presented a petition before the director general of police, chennai on 25.09.2010 stating that at the behest of certain powerful people, his family is being .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-30-2011
..... east end apartments co-operative housing society ltd. was the owner of two plots of land, viz, premises no.5b woodburn park, calcutta-700020, and 11/1b, ekdalia place, calcutta-700019. the intention of the above society was to construct two multi-storied residential buildings on the aforesaid two plots of land for ..... judicial review is directed, not against the decision, but is confined to the examination of the decisionmaking process. in chief constable of the north wales police vs. evans referes to the merits-legality distinction in judicial review. lord hailsham said: the purpose of judicial review is to ensure that the individual ..... to him records were not kept on the custody of the petitioner society in terms of the provisions of section 124 of the cooperative societies act, 1973. 17. it is submitted by mr. subrata mukherjee appearing on behalf of the respondent nos.1 and 2 that no letter of resignation ..... respondent no.2 passed final order of division bearing no.688/ cmah under the provisions of sub-section(3) of section 77 of the said act and registered two new societies, viz, woodburn park co-operative societies and ekdalia housing co-operative ltd. by an order dated august 8, 1988 ..... stated hereinabove, the respondent no.1 passed a preliminary order dated september 5, 1979 under sub-section(1) of section 77 of the said act for the purpose of dividing the assets and liabilities of the aforesaid society. some recognized members of the petitioner no.1 and raised objection against .....Tag this Judgment!
Court : Chennai
Decided on : Dec-23-2011
..... high courts of rajasthan, punjab, delhi and allahabad have taken a view that order xxii does not apply to revisions. the division bench of the calcutta high court alone has taken a contra view. 50. but the decision of the division bench of our own high court in manickam vs. ramanathan ..... as to what shall be a reasonable time, the high court may take note of the period prescribed under article 120 of the limitation act for substituting the heirs of the deceased defendant or the respondent. however, there is no question of automatic abatement of the writ proceedings. even ..... a controversy as to whether the provisions of the code would apply even to writ proceedings or not. but, the explanation inserted by cpc (amendment) act, 1976 excluded the proceedings under article 226, from the definition of the expression proceedings appearing in section 141, cpc. therefore, after taking note of ..... the supreme court was actually concerned with the abatement of proceedings, under a special enactment known as bihar consolidation of holdings and prevention of fragmentation act, 1956. however, what is stated in paragraph 10 of the decision in bibi rahmani khatoon, is quoted with approval by a later decision ..... , if such subordinate court had exercised the jurisdiction not vested in it in law or failed to exercise a jurisdiction vested in it or acted in exercise of its jurisdiction illegally or with material irregularity. therefore, the power of the high court under section 115 is actually supervisory in .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-21-2011
..... the area sales offices/branch offices of the company located all over the country were reduced to five, to be operated from delhi, bombay, calcutta, hyderabad and madras. the nagpur area sales office was closed down and it was attached to the bombay office, and the entire sales accounting ..... that the limestone quarry at rajanka and the factory at jhinkpani were separate establishments. 54. in the case of management of indian cable co., ltd., calcutta v. workmen, reported in (1962) 1 llj 409, the question involved was whether each of the branches of the icc is an industrial entity ..... sales offices and raos located in various parts of the country, (iii) there was an agreement that the regional branch offices will operate from delhi, bombay, calcutta, hyderabad and madras. consequently, the regional managers' offices will be closed and will operate from bombay in due course, and (iv) the sales areas, ..... such sales related accounting work of the area sales offices grouped under it. 5. after 1963, the regional branch offices started operating from delhi, bombay, calcutta, hyderabad and madras, nagpur and pune. there were six raos opened in the country and they were at nagpur, ahmadabad, chandigarh, madras, hyderabad and ..... or establishment, or only a component part of the central unit at calcutta to which it belongs. this was required to be ascertained for the purpose of applicability of section 25g of the id act. it was held by the tribunal that it is thus the company (icc) .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-11-2011
..... the stage of considering the bail application, in my view, in the face of the material collected by the investigating agency and the statements of the witnesses recorded by the police during investigation, coupled with the details of the mobile contacts which the petitioner is said to have had with the other accused persons before and after the blasts, the submission ..... made by the learned senior counsel for the petitioner that the circumstances gathered by the prosecution cannot indicate the act of criminal conspiracy on the part of the petitioner, therefore, cannot be accepted. 33. as far as the emphasis laid on the personal liberty of the petitioner is concerned, ..... such procedure seems to have followed either by the prosecution or by the state. therefore, the question of taking cognizance in respect of the offences under the unlawful activities (prevention) act, does not arise. (viii) apart from making the aforesaid submissions, in respect of the material collected by the prosecution to connect this petitioner with the other accused persons, learned ..... witnesses namely m.m. mazid and josh verghese. apart from the aforesaid circumstance to connect this petitioner, the prosecution has also relied on the yet another circumstances i.e., the act of this petitioner in telling his brother jamal mohammed to accommodate accused nos.1 and 2 for two days. in other words, the offence of harboring is therefore sought to .....Tag this Judgment!
Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : Feb-07-2011
..... shall be paid in 90 days. this will happen in no more than 2 months. xxxx 30. the petitioner no.1 also lodged a police complaint against the said respondents for misappropriation of sum of rs.6,20,000/-. it again called upon them to pay the outstanding amount by letters ..... affixed on the business transaction agreement. it is stated by the learned counsel for the respondent that in terms of article 10 schedule ii of karnataka stamp act, the business transaction agreement was required to be stamped @ 7.5% of the amount of consideration mentioned therein and as the document (marked `x ..... reply or the affidavit of its witnesses that the said business transfer agreement was inadmissible in evidence in the terms of the provision of karnataka stamp act or otherwise. 37. we have mentioned this fact specifically because we may notice that on 23.3.2010, mr.vineet chandra sharma was examined and ..... call for an extra ordinary general meeting on july 8, 2009 contrary to the provisions of the shareholders agreement, articles of association and the companies act, 1956 is totally illegal and unacceptable. your conduct and attitude in running the affairs of dipl is very alarming and seems to be only motivated ..... or as a shareholder, joint venture partner, collaborator, consult or agent or through the relatives as defined in section 2 (41) of the companies act, 1956 of the anush group or in any other manner whatsoever, whether for profit or otherwise any business, which competes with the whole or any .....Tag this Judgment!