Court : Kolkata Appellate
Decided on : Feb-14-2011
..... moved, it must be done before the same court where the previously one was lodged, that is, before the honble high court, calcutta. section 42 of the said act is very much explicit in this regard.9. while referring to the decision of (2008)3 c.l.t. page 1, mr ..... went to an arbitrator, namely, r. n. chakraborty, appointed by the honble chief justice of the high court at calcutta under section 11(6) of the arbitration and conciliation act, 1996. the arbitrator proceeded with the matter and thereafter he submitted an award. being aggrieved, an application for setting aside ..... (e), court means the principal civil court of original jurisdiction in a district. since the cause of action arose within the jurisdiction of tollygungee police station, which is certainly within the territorial jurisdiction of the learned district judge, south 24 parganas, the application for setting aside the award must ..... preferred.3. mr. s. p. roychowdhury, learned senior advocate, appearing on behalf of the petitioners, submits that according to the scheme of the act when there is an arbitration clause in an agreement, the dispute between the parties shall be settled through the arbitration proceedings and for that reason at ..... district judge, sixteenth court, alipore in misc. case no.1126 of 2008 thereby rejecting an application under section 42 of the arbitration and conciliation act, 1996.2. a dispute arose between the parties over certain points of an agreement dated january 30, 2002, which lays down a clause for .....Tag this Judgment!
Court : Kerala
Decided on : Aug-20-2011
..... to be an amendment of the procedural law which is always retrospective unless otherwise indicated in the amending act. there is nothing in the amending act to suggest that the amendment has only prospective application. the calcutta high court has taken a similar view in ajoykumar ghosh v. state of west bengal (2008 ..... into play and every person accused of an offence prior to the amendment had the legitimate expectation that the magistrate will not be entertaining a police report. for this reason also it cannot be said that the amendment was purely procedural in character so as to induce this court to ..... as laid down therein. the respondent, although, has all the powers of an investigating agency, it expressly has been statutorily prohibited from filing a police report. it could file a complaint petition only as an appropriate authority so as to comply with the requirements contained in section 22 of toho. ..... enabling cognizance of the offences was confined only to complaints. it would then be a case of obvious omission to mention the authority of the police to file the final report under sec. 173 (2) cr.p.c. justifying a clarificatory amendment which undoubtedly would operate retrospectively. but that is ..... and non-bailable only with the introduction of sec. 151 b with effect from 15-6-2007. even assuming that prior to the amendment the police could commence investigation, they could not submit a final report under sec. 173 (2) cr.p.c. since cognizance of the offences was specifically .....Tag this Judgment!
Court : Kolkata Appellate
Decided on : Mar-28-2011
..... reported in air 2003 supreme court 1369 in the case of uday v. state of karnataka in para 16 with reference to a division bench decision of calcutta high court in the case of jayanti rani panda v. state of west bengal and another reported in 1984 cri.l.j. 1535 (cal) at ..... prosecution he has stated that he was not examined by the investigating officer over the incident, yet he has also stated further that he stated to police that he came to know about the incident from his elder daughter namely anjana sarkar. if as per his evidence he was not examined by the ..... evidence on record has supported the prosecution case. moreover, learned additional judge concerned has also observed that in view of section 114 (a) of evidence act when sexual intercourse by the accused is proved and prosecutrix deposed to the effect that she was not a consenting party, the presumption arises that she ..... 5, gave any resistance to the present appellant when he allegedly tried to commit rape upon her, rather it appears that she actively participated in the act of sexual intercourse with the present appellant several times in view of a love affair between them as a result of which she might have become pregnant ..... given consent due to unsoundness of mind or administration of any stupefying or unwholesome substance she was unable to understand the nature and consequences of the act to which she was consenting and when no such case has been pleaded or proved, then there was no question of bringing the case within the .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-07-2011
..... the order passed by the learned magistrate and the order passed by the learned additional sessions judge, fast track court no.8 bichar bhawan, calcutta, i find that the interim order was passed by the learned magistrate and the application is yet to be disposed of. the learned magistrate ..... affirming thereby the order dated 11.01.2010 passed by the learned metropolitan magistrate 14 th court, calcutta in case no. c/09/10 under section 12 and 23 of the protection of women from domestic violence act, 2005. 2. the petitioner / wife / aggrieved person filed a case bearing no. c ..... breach of the legal right which has accrued to her, would not amount to giving retrospective effect to the provisions of the domestic violence act. in view of my above discussion, i have no hesitation to hold that continued deprivation of economic or financial resources and continued prohibition or ..... litigation expenses and compensation etc. 3. the learned magistrate vide order dated 11.01.10 passed an order prohibiting the respondent from committing any act of domestic violence upon the petitioner and from alienating any assets of the petitioner including the articles which were given to her at the time ..... section 12 & 23 of the act that even after torture upon the aggrieved person in her matrimonial home, the respondent/husband threatened, and abused the aggrieved party in various ways for which the aggrieved party lodged written complaints and diaries with the local police station. it has further been alleged .....Tag this Judgment!
Court : Chennai
Decided on : Mar-21-2011
..... the learned counsel has made reliance upon the following judgments: 1.amulya ratan mukherjee vs. deputy chief mechanical engineer, eastern rly.and others [air 1961 calcutta 40]2.sawai singh vs. state of rajasthan [air 1986 sc 995]3.g.chandra kanth vs. guntur dt.milk producers union ltd. & ors. ..... of dismissal was passed under ex.m-19 dated 18.08.1992. a complaint was also given against the petitioner before the jurisdictional police station but the said complaint was closed as the materials were found insufficient.7.in the meanwhile, the petitioner filed a writ petition in ..... .b.rocho vs. union of india and others [1984 klt 590]7.t.jayabalan vs. inspector general of police (law and order), deputy inspector general fo police and superintendent of police [w.p.no.34189 of 2006 dated 12.01.2010]submissions of the second respondent:13.m/s.kala ..... authority to reach a finding of fact or conclusion. but that finding must be based on some evidence. neither the technical rules of evidence act nor of proof of fact or evidence as defined therein, apply to disciplinary proceeding. when the authority accepts that evidence and conclusion receives ..... ramesh, learned counsel appearing for the second respondent submitted that, decisions have been made by the respondents based upon the materials available on record. such a decision based upon factual findings shall not be interfered with by this court by acting .....Tag this Judgment!
Court : Delhi
Decided on : Oct-21-2011
..... put back the parties in the same position as they stood immediately prior to the service of the interim order.in sujit pal a division bench of the calcutta high court has taken the same view. there, the defendant forcibly dispossessed the plaintiff in violation of the order of injunction and took possession of the property. ..... the court directed the restoration of possession to the plaintiff with the aid of police. the court observed that no technicality can prevent the court from doing justice in exercise of its inherent powers. it held that the object of rule 2 ..... page 20 of 35 premises. therefore, if the provisions of delhi rent control act apply to the ground floor which was let out to the plaintiff and was vacated by it pursuant to the agreement to sell dated 27th march, 1997, ..... had vacated pursuant to the agreement to sell dated 27 th march, 1997 was rs.6,000/- p.m. section 5(3) of delhi rent control act provides that it shall not be lawful for the tenant to receive any payment in consideration of the relinquishment of tenancy of any cs(os)no.1571/1998 ..... it is forbidden by law or is of such a nature, if permitted, it would defeat the provisions of any law. section 24 of the indian contract act, to the extent it is relevant, provides that if any part of a single consideration for one or more objects, or any one or any part of .....Tag this Judgment!
Court : Patna
Decided on : Jan-13-2011
..... demand, certain papers were produced by the driver and it transpired that papers were issued by one abinash bhandar in favour of r.k. industries, calcutta. the block development officer suspected the documents as forged and thereafter, came to the conclusion that owner of abinash bhandar in collusion with transport owner ..... petitioner.2. short fact of the case is that on 4.1.1998, the block development officer, amarpur jointly with officer-in-charge, amarpur police station intercepted a truck loaded with 110 bags of tisi (edible oil seed). on weighment, it was found that the tisi was 110.10 quintal ..... "confiscation of an essential committee or a truck is permissible only if the provisions of any order made under section 3 of the essential commodities act are violated". in some and substance, learned counsel for the petitioner has argued that neither the seized article was controlled item nor in the case ..... , it was found that there were no violation of any of the provision or any order framed under section 3 of the essential commodities act and as such the learned district magistrate had set aside the confiscation proceeding vide its order dated 6.11.1998 passed in confiscation case no ..... the charge sheet, the learned special judge, by its order dated 15.2.1999, took cognizance of offence under section 7 of the essential commodities act.3. aggrieved with the order of cognizance, the petitioner approached this court by filing the present petition, which was admitted on 2.9.1999. while .....Tag this Judgment!
Court : Chennai
Decided on : Feb-04-2011
..... and another, (1991) 1 llj 111(sc), and the decision of the high court of madhya pradesh in sushil kumar vs. i.t.b. police force and anr., 1994 ii llj 264 and the decision of the calcutta high court in union of india vs. central govt. industrial tribunal and others, 1986 lab. i.c. 1269. the learned counsel further submitted that ..... of employment of the appellant is clearly severable and the appellant shall be entitled to invoke the jurisdiction under the industrial disputes act questioning his removal from service.15. the hon'ble supreme court in nirchiliya and ors. vs.management of safire theatre and another, (1991) 1 llj 111(sc) was considering the ..... , even departments discharging sovereign functions, if they are units, which are industries and they are substantially severable, they can be considered to come within the section 2(j) of the act. admittedly, the appellant was only a civil motor driver in the second respondent organisation, therefore, even if the second respondent factory exclusively produces equipments for the defence department, the nature ..... for the country (see air 1999 sc 1351:(1999) 6 scc 82 ajaib singh vs. sirhind co-op. mktg.-cum-processing service society ltd).12. section 2(j) of the act defines 'industry' to mean any business, trade, undertaking, manufacture or calling of employers includes any calling service, employment, handicraft or industrial occupation or avocation of workmen. thus, the language .....Tag this Judgment!
Court : Kolkata Appellate
Decided on : Mar-15-2011
..... orissa)v) 1995 criminal law journal page-1762 (balbir singh vs- state of orissa)vi) 1996 criminal law journal page-1902 (nirmal chandra sahoo-vs- state of orissa)vii) 2002 calcutta criminal law reporter (supreme court) page-597 (khet singh vs- union of india)viii)2010 criminal law journal page-3815 (madras high court (periyasamy vs- state by the inspector of ..... police).7. appearing for the prosecution, learned public prosecutor mr. animesh goswami contended that in view of the provision of section 167(2) the right of the accused to be released ..... of the accused even after granting of bail.2. the facts reveal, petitioner/accused was charged with an offence of section 20(b)(1) of narcotic drugs and psychotropic substances act (ndps act). he was in custody for about sixty days. neither the prosecution submitted charge sheet nor he was released on bail. after the statutory period was over petitioner applied for bail ..... learned judge was not entitled to withhold release of the accused. she also contended that under the narcotic control bureau guidelines chemical analysis was a must while charging accused under ndps act. hence, submission of charge sheet without having chemical analysis report was nonest in the eye of law and the learned judge was not entitled to accept the same. she also .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-04-2011
..... to searches and seizure, shall apply to searches and seizure under section 132(1) or (1a). 29. section 165 of crpc is titled 'search by police officer'. sub-section (1) of section 165 crpc mandates recording of reasons for conducting a search. however, the counsel for the department pointed out that ..... from him, anyone was also entitled to know about the information or reasons to believe for authorising search under the right to information act, 2005 (the rti act); the search was challenged before the court of law. the department had to justify its action. this could only be done by ..... in respect of the same. 5. the warehouse at noida is situated within special economic zone (sez) created under the special economic zone act (the sez act). in this warehouse imported precious metals are stored and then dispatched for export or domestic sales. 6. sri satish bansal, sri vinod bansal ..... or the legitimate expectation, or the principles of the natural justice, or the wednsebury principle, or any other ground (bad faith, irrelevant consideration, acting under dictation etc.)--to ensure fairness in administrative action. should we adopt a procedure that might not pass the test of fairness? 79. we do ..... today, does not require reasons to be recorded as held by the calcutta high court (see below)2; the reasons are not required to be recorded. 27. the counsel for the petitioner submitted that: section 132 of the it act may not specifically provide for recording reasons. however, it applies section .....Tag this Judgment!