Court : Kolkata Appellate
Decided on : Feb-14-2011
..... parties to the suit. it accordingly satisfies the requirements of an appeal as laid down in the code of civil procedure. the order made under section 28 of the calcutta thlika tenancy act is therefore appealable.24. the division bench of the madras high court in case of s.a. seshadri ayyangar v. a. narayana nair reported in air 1951 (madras) 640 ..... by a decision of this honble court in the case of ganesh chandra dutta v. chunilal mondal & anr. reported in air 1972 calcutta page 150 wherein it was held that the expression decree in the west bengal premises tenancy act, 1956 has the same meaning as that of the decree as defined in section 2(2) of the code of civil procedure ..... article 323b is to constitute a tribunal only with respect to disputes pertaining to laws carrying out agrarian reforms. out of the 5 specified acts, the west bengal land reforms act, 1955, the calcutta thlika tenancy (acquisition and regulation) act, 1981 and the west bengal land holding revenue act, 1979 have no connection whatsoever with agrarian reforms. therefore, the tribunal constituted to deal with these ..... notified vide notification no.1415-l dated 5 th october, 2010 published in the calcutta gazette extraordinary, part iii dated october 5, 2010. the amending act read such: amendments to the west bengal premises tenancy act, 1997 [full text] 1. the west bengal premises tenancy (amendment) act, 2010 [west ben act xxix of 2010] [with effect from 1.11.2010] [passed by the west bengal .....Tag this Judgment!
Court : Kolkata Appellate
Decided on : Jan-27-2011
..... the strangertransferee can only exercise his right to possession.31. the other decision cited by the said learned advocate is the one reported atair 1955 calcutta 292 (hardhone haldar v- usha charan karmakar and others) and reference was made to paragraph 8 and 9 of the said reports. in paragraph ..... other factors are required to be considered therefor. 29. the other decision cited by the said learned advocate is the one reported atair 1950 calcutta 111(boto krishna ghose v-akhoy kumar ghose and others) in support of his contention that even if a member of a joint family transfers ..... get the suit property partitioned by metes and bounds through a commissioner. 9. the learned lower appellate court considered the decision reported at air 1972 calcutta 503(madan mohan ghosh and others v- sishu bala atta and others) and found that a holding may be constituted by undivided shares of a ..... made by theauthorities concerned in exercise of their statutory duties in accordance with the said act of 1932 and rules made thereunder. 19. another decision cited by the said learned advocate is the one reported atair 1972 calcutta 502(madan mohan ghosh and others v- sishu bala atta and others). he submitted ..... that such reported case cannot be of any assistance to the plaintiffs/ respondents since the said reported case was with regard to the scope of the right of pre emption under section 26-f of the bengal tenancy act .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-21-2011
..... charge at the registered office of the applicant companies or at the office of their advocates, be inserted once in the business standard and once in pratidin. publication in the calcutta gazette is dispensed with. 4. the advocate for the applicant companies do within seven days from this day file in court the form of the notice and the statement to ..... and time as aforesaid together 2 with a copy of the said scheme of amalgamation, a copy of the statement required to be sent under section 393 of the companies act, 1956 and the prescribed from of proxy be sent by prepaid letter post under certificate of posting addressed to each of the holders of the said equity shares in the ..... from the date the conclusion of the meetings and their reports shall verified by their respective affidavits. this application is accordingly disposed of. the chairpersons and all parties concerned do act on a copy of this order duly signed by an officer of this court being served on them. .....Tag this Judgment!
Court : Kolkata Appellate
Decided on : Mar-25-2011
..... the tribunal is, therefore, within its authority to call for the necessary driving licence, and if necessary to cal for witnesses of the concerned police station for elucidation of the question that surfaced during the trial of the claim case. the honble single bench of this honble court has decided ..... a.c. 385(sc) is very much clear that the provisions of section 158(6) of the motor vehicles act, 1988 must be complied with. the directions were issued to police and the claims tribunal and suggestions were made to the insurance companies to streamline the process and avoid unnecessary delay ..... tribunal is within its authority to pass such directions and that the honble apex court has given direction to police and claims tribunal for compliance of section 158(6) of the motor vehicles act, 1988. thus, he supports the impugned order. 8. having considered the said decisions and the materials available ..... .c. 116 (cal) that the tribunal has the authority to give necessary directions upon the concerned police authority for production of the driving licence in question under section 158(6) of the motor vehicles act, 1988 also. 9. therefore, the learned tribunal is at liberty to permit the insurer to adduce ..... evidence in support of its defence. the driving licence in question, if seized by police, may be called for from the concerned police authority as observed above. 10. .....Tag this Judgment!
Court : Kolkata Appellate
Decided on : Mar-22-2011
..... taken place after institution of the suit contended that the trial court did not commit any illegality or did not act with material irregularity in passing the impugned order. according to him, the address of the suit premises is 99a, bidhan sarani, police station - shyam pukur, kolkata 700004 wherein, the said bibhuti bhusan banerjee was inducted as the tenant. the fact that ..... parties would be evident from the fact that summonses were served on the legal representatives of the original defendant, being defendants 1 to 5, at 159, b.k. paul avenue, police station - shyampukur, kolkata 700004. it was further contended that carriage of proceedings lies with the plaintiffs and it is at their own risk that they shall proceed with the suit .....Tag this Judgment!
Court : Himachal Pradesh
Decided on : Mar-01-2011
..... /-. ten currency notes of the denomination of `50/- each were made available by pw-12 sunder singh to pw-9 amar nath, deputy superintendent of police. those currency notes were treated with phenolphthalein powder and returned to pw-12 sunder singh, with a direction not to fiddle with them and to hand them ..... of his pants by the respondent himself, but pw-2 shiv lal saini says that currency notes were recovered from the pocket of the pants by the police people, after the respondent had been made to change the pants. the contradiction renders the recovery of currency notes highly doubtful. 12. also, there is ..... finding that a prima facie case was there, learned special judge, charged the respondent with offences, under sections 7 and 13(2) of the prevention of corruption act, 1988, and on his pleading not guilty proceeded to try him. 8. prosecution examined complainant sunder singh as pw-12, hira singh, shadow witness, as pw ..... over to the respondent, on demand. pw-4 hira singh was asked to act as shadow witness. 5. it was demonstrated to pw-12 sunder singh and pw-4 hira singh how solution of phenolphthalein powder, in water, turned pink ..... chand, by learned special judge, vide judgment dated 4 th january, 2006, in a case, under sections 7 and 13(2) of the prevention of corruption act, 1988. 3. respondent was employed as a clerk in the office of regional transport officer, kullu, in the year 2003. he had been assigned the work .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-16-2011
..... at the pointing out of a-1. in geejaganda somaiah v. state of karnataka:air 2007 supreme court 1355 apex court has held as under :-21. section 25 of evidence act mandates that no confession made to a police officer shall be proved as against a person accused of an offence. similarly section 26 of the evidence ..... act provides that confession by the accused person while in custody of police cannot be proved against him. however, to the aforesaid rule of sections 25 to 26 of the evidence act, there is an exception carved out by section 27 the evidence act providing that when any fact is deposed to as discovered ..... in consequence of information received from a person accused of any offence, in the custody of a police officer, so much of such information, whether it amounts to a ..... such an evidence, conviction of a-1 under section 3/25 arms act, therefore, also is unsustainable. this view is further strengthened from the fact that perusal of record of the leading case indicates that the police were conniving with the prosecution and were interested in cooking up a case against the appellant. in absence of any independent corroboration, it is difficult .....Tag this Judgment!
Court : Kolkata
Decided on : May-19-2011
..... stamped. he got a notice from the additional collector of stamp revenue, calcutta under section 31 of the indian stamp act intimating that a reference had been made under the adjudication case no.111 of 1999-2000. 4. accordingly, after examination, the opposite ..... an area more or less about 6 cottah 6 chittak and 30 sq.ft. at premises no.89/6, repon street, calcutta now known as 89/6b, repon street, (muzaffar ahmed street), calcutta-16 at a consideration of rs.1,30,000/- from one smt. sova devi, pradip mukherjee and mrs. mala chatterjee ..... cannot be supported. a fresh valuation of the property should be determined. thereafter, the impounding shall be done according to section 33 of the indian stamp act as applicable in west bengal. the application, therefore, succeeds. it is allowed. the impugned order is hereby set aside. the collector is directed to re ..... party found that the said deed of sale was not duly stamped and the same was impounded under section 33 (i) of the indian stamp act, 1989. the opposite party assessed the valuation to the tune of rs.2, 26,064/- plus a fine of rs.5,000/- and such amount ..... of assurance, delhi due to the convenience of the parties at the material point of time and the same was permissible under the provisions of registration act. thereafter, the petitioner wanted to mutate his name with the municipality and such a prayer was rejected holding that, the said deed was not properly .....Tag this Judgment!
Court : Delhi
Decided on : May-18-2011
..... ; and enough of them to be able to prevent crime before it happens, or if it does happen, to detect it and bring the accused to justice. the police of course, must act properly. they must obey the rules of right conduct. they must not extort confessions by threats or promises. they must not search a main's house without authority. they ..... progressing but so is its crime rate making it the crime capital of the country. the police cannot contain the crime rate by not registering the crimes being reported to them. the crime graph of the city can be kept low only if the police act fast in apprehending criminals and not by manipulating the data or by avoiding registration of cases wherever ..... procedure and criminal justice delivery system in the country. such a situation may play havoc more particularly so when the matter is left in the hands of unscrupulous police officer(s) who are not acting bona fide or who fail to approach the matter with the desired objectivity and sensitivity as may be required in the matter. 14. this court can take ..... is whether this absolute duty arising from the word `shall specifically or by definite implication puts an absolute prohibition on the police officer in charge of a police station to do any other act ancillary thereto or otherwise under the scheme of the act. 33. the provisions of section 154 are capable of being interpreted and given a meaning on its plain interpretation without .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-10-2011
..... the british forces in the first war of independence in 1857 and the shifting of the seat of power from the red fort to the calcutta and later to new delhi, pt. jawahar lal nehru after his historic tryst with destiny speech unfurled the tricolor from the ramparts of the ..... as a militant having entered the indian territory with the object of spreading terror with the help of his other associate militants whom unfortunately the police could not apprehend and some expired before they could be tried. 73. in addition to these circumstances, there is another circumstance that a message ..... of other persons according to the prosecution who were the co-conspirator with the accused-appellant. however, they were not brought to book by the police. they were declared as proclaimed offenders. there is a separate charge-sheet filed against those proclaimed offenders also. 10. in order to establish an ..... identification number engraved on the mobile handset by the manufacturer) were obtained from mobile service provider essar. these numbers were 445199440940240 and 449173405451240. the police could also find out that the person who had mobile connection card having no.9811278510 had another mobile cash card of essar company with no.9811242154 ..... dd entry bearing number 9a was made at 2.35 a.m. on 26.12.2000 at police station kalyan puri. a separate fir number 419/2000 under section 25, arms act was also registered at police station kalyan puri, delhi. the fir is to be found vide exhibit pw-136b. the time .....Tag this Judgment!