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Judgment Search Results Home > Cases Phrase: contract act 1872 Court: kolkata appellate Year: 2011 Page 2 of about 54 results (0.031 seconds)

Jan 07 2011 (HC)

Smt. Shrabani Mondal (Pal) Vs. the State of West Bengal and ors.

Court : Kolkata Appellate

Decided on : Jan-07-2011

..... of continuous existence and succession, notwithstanding changes in its membership. in addition, it possesses the capacity as such legal entity of taking, holding and conveying property. entering into contracts, suing and being sued, and exercising such other powers and privileges as may be conferred on it by the law of its creation just as natural person may*. the ..... given in section 2(5) of the west bengal regulation of recruitment in state government establishments and establishments of public undertakings, statutory bodies and government companies and local authorities act, 1999 applies to the process of recruitment of primary teachers under the west bengal primary teachers recruitment rules, 2001 as amended up to date.24. let the matter be ..... the most important are immortality, and, if the expression may be allowed, individuality; properties, by which a perpetual succession of many persons are considered as the same, and may act as a single individual. they enable a corporation to manage its own affairs, and to hold property, without the perplexing intricacies, the hazardous and endless necessity, of perpetual conveyances ..... of sponsorship has been provided by special rule. therefore, this has been meant for specific and special purpose which can be termed to be a special statute. the act of 1999 has been brought into existence for regulating the recruitment method for its general application but not for any special application under the cannons of interpretation. the provisions .....

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Feb 23 2011 (HC)

Hdfc Bank Ltd. Vs. the State of West Bengal and anr.

Court : Kolkata Appellate

Decided on : Feb-23-2011

..... officer, agent or nominees shall have the right to take repossession of the hypothecated vehicle as also to sell the same thereafter by auction or private contract for satisfying the dues of the petitioner bank. 12. in view of the aforesaid agreement between the petitioner bank and the opposite party no.2/complainant ..... agreed to be paid by him in the car loan agreement and thereby forcing the petitioner to take repossession of the said vehicle, and the said act of the financier cannot be termed to be illegal in view of the agreement between them. 14. having regard to the submissions of the learned counsels ..... keys of the said vehicle was snatched away at ramgarh and it is the suspicion of the complainant that the hdfc officials were responsible for the said act, but the petitioner bank agreed to provide loan to the tune of rs. 4,22,464/- to a company named m/s. uniworth for ..... keys of the said vehicle were snatched away at ramgarh, and it is the suspicion of the complainant that hdfc officials were responsible for the aforesaid act. but the present petitioner is completely innocent and is in no way connected with the commission of the alleged offences and he has falsely been ..... 2009 under sections 341/323/ 379 of the indian penal code. 2. it is the case of the petitioner that the petitioner being incorporated under the companies act, 1956, having its office at calcutta, is being represented by sri sachin kumar gupta, deputy manager (legal). jadavpore police station case no. 40 dated 21 .....

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Mar 31 2011 (HC)

St. Teresa’s School Vs. the District Consumer Redressal Forum and or ...

Court : Kolkata Appellate

Decided on : Mar-31-2011

..... which is rendered by the teacher in an educational institution can be regarded as a kind of service as defined in section 2(o) of the consumer protection act, 1986, in the case of smt. n. taneja & anr. v. calcutta district forum & ors. reported in air 1992 calcutta 95. in the said ..... consumer dispute between the parties and further since the guardian forum is not a consumer within the meaning of the word consumer as defined in the said act, such a dispute ought not to have been entertained by the district forum. accordingly, the petitioner prayed for the quashing of the said proceeding. 9 ..... authority regarding enhancement of the tuition fees and incidental charges of its students for the academic year 2009-10, by filing a complaint under the consumer protection act, 1986 before the district consumer redressal forum, birbhum. the said complaint was registered as c.e. case no. cc/35/o/2009. 5. the ..... education, teacher and student. it was further held therein that the contract, as referred to in section 2(g) certainly is not the contract as defined in section 2(o) because the very conception of contract cannot be introduced into the consumer protection act, so far as education, teacher and student are considered. 10. ..... decision, this honble court had the occasion to consider the definition of consumer and service given in the said act. it was held therein that the definition of service under section 2(o) if read with sections 2(c)(iii), 2(d)(iii) and 2( .....

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Jan 19 2011 (HC)

Sushma Singh Vs. Rabindra Singh

Court : Kolkata Appellate

Decided on : Jan-19-2011

..... any specific phraseology but only that the plaintiff must aver that he has performed or has always been and is willing to perform his part of the contract. so the compliance of readiness and willingness has to be in spirit and substance and not in letter and form. so to insist for a mechanical ..... section 34 of the act. in such case, the spirit and substance must prevail over the letter and form. 12. question as to whether a suit for specific performance is ..... in the plaint. all that is required is expression through words, in whatever form but not creating illusion of cause of action, that conveys the alleged acts and deeds of the defendant which, if established, would entitle the suitor to a decree declaring his right to property or title to a legal character under ..... granted but may not bar entry for adjudication. law does not require that in order to maintain a suit for declaration under section 34 of the act, mechanical reproduction of the exact words of the statute to the effect that the defendant is denying or is interested to deny the title or right ..... are two fold viz. i) the suit is barred by limitation; and ii) the suit is hit by section 34 of the specific relief act, 1963 (hereafter the act). 23. the plaintiff/opposite party no.1 contested the application under order vii rule 11 by filing a written objection. the defendant no.3/petitioner .....

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Jan 28 2011 (HC)

Ranabir Saha Vs. the State of West Bengal and anr.

Court : Kolkata Appellate

Decided on : Jan-28-2011

..... a body corporate with the name aforesaid, having perpetual succession and a common seal with power to acquire, hold and dispose of property and to contract and may, by that name, sue and be sued. (3) every such board shall consist of a chairman and such number of other members ..... by the board, its chairman, is empowered to accord sanction for prosecution of an assistant provident fund commissioner under section 19 of the p.c. act. therefore, on the face of it the sanction is not valid, since the sanctioning authority has no locus standi to accord sanction. 30. ..... not the employer of the present petitioner who was working in the calcutta dock labour board which is a separate statutory body under a different act. shri roy cannot be treated as a subordinate officer of the calcutta dock labour board under any superior officer to initiate the criminal proceeding. ..... the exercise of administrative power by each authority should be made in accordance with the specific manner and by the specified authorities mentioned in each act. 15. as a consequence the learned lawyer for the petitioner has rightly raised objection regarding validity of the sanction accorded by the chairman of ..... , government of india as at annexure p-9 that such board was constituted under a separate statute, i.e., dock workers (regulation of employment) act, 1948 in the following manner: government of india/bharat sarkar ministry of shipping pot parivahan mantralaya ***new delhi, the 26th december, 2000 notifications.o. .....

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Mar 11 2011 (HC)

State of West Bengal and ors. Vs. Indian Jute Mills Association and or ...

Court : Kolkata Appellate

Decided on : Mar-11-2011

..... should presume that the legislature does not use any unnecessary word and thus, the introduction of the adjective consumable before the noun stores was a conscious act of legislature. the next question is whether all the spare parts of a machinery used for manufacturing the taxed goods (in this case textile goods) ..... manufacture of goods being intended for use in the process of manufacturing or mining operations can be specified in the certificate of registration under the central sales tax act (74 of 1956).16. in the case of coastal chemicals ltd. etc. vs. commercial tax officer, a.p. and others (supra), upon which mrs ..... opposed the aforesaid contention of mrs. roy and have contended that the word consumption has a wider meaning and it is not necessary that by the act of consumption the commodity in question must be used up or destroyed and mixed in the taxed goods. in support of such contention, they relied upon ..... of the taxable goods and thus, the learned tribunal below erred in law in holding that spare parts are consumable stores within the meaning of the act. in other words, mrs. roy contends that the use of the adjective consumable before the noun stores is significant and unless such spare parts ..... referred to in clause (d) above; or(f) use in the execution of works contract; or(g) use as capital goods required, for the purpose of manufacture or resale of taxable goods or for execution of works contract, as the case may be, and purchases of such goods are capitalised in the books .....

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Apr 12 2011 (HC)

Nemai Chand Pal. Vs. Nader Chand @ Prabhat Pal and ors.

Court : Kolkata Appellate

Decided on : Apr-12-2011

..... similarly, the other decision of orient transport co., gulabra and anr. (supra) relates to the general principles that a suit challenging the validity of a contract is not barred by section 32 merely because it contains arbitration clause. a right under section 9 of the c.p.c. has not been taken ..... is not of helpful to the petitioner in respect of the matter under consideration, that is, amendment of the petition. the said decision deals with an act of insolvency and not an amendment. on the other hand, mr. chakraborty, learned advocate appearing on behalf of the opposite party has referred to the decisions ..... after passing of the award, the question of removal as per sections 13 and 14 of the arbitration and conciliation act, 1996 does not lie at all. mr. gayen, learned advocate appearing on behalf of the petitioner, has referred to the decision of state bank of ..... the petition. 5. if the petitioner has any grievance against the award, his remedy is to take appropriate steps under section 34 of the 1996 act within the stipulated time, that is, within three months from the date of passing the award or one month extra time thereafter and not afterwards. ..... the petition. the short fact is that the petitioner filed an application under section 11 read with sections 14 and 15 of the arbitration and conciliation act, 1996 praying for cancellation of the agreement dated november 1, 1998 in between the parties, removal of the opposite party nos.2 & 3 as .....

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Mar 29 2011 (HC)

Sri Sujit Mukherjee. Vs. Smt. Bela Mukherjee and ors.

Court : Kolkata Appellate

Decided on : Mar-29-2011

..... had failed to honour the terms and conditions of the said agreement, the petitioner instituted title suit no.3277 of 2009 for specific performance of contract and injunction. the petitioner prayed for a decree for specific performance of the said agreement along with its amendment made in june, 2007 and also ..... , remit the whole penalty prescribed by this section. (2) every certificate under clause (a) of sub-section (1), shall, for the purposes of this act, be conclusive evidence of the matters stated therein. (3) where an instrument has been sent to the collector under section 38, subsection (2), the collector ..... shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such instrument is duly stamped: provided that (a) any ..... chatterjee that the trial judge grossly erred in the exercise of jurisdiction is acceptable. for this purpose one has to look into the provisions of the act. the same, to the extent relevant for a decision here, read as follows : 33. examination and impounding of instruments.(1) every person having ..... agreement in evidence. the trial judge having found that the agreement had not been adequately stamped consistent with the provisions contained in the indian stamp act impounded the same in terms of section 33 thereof. the trial judge was of the view that the said agreement, having regard to the .....

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Jan 09 2011 (HC)

Adya Pipes Private Limited. Vs. Central Bank of India and anr.

Court : Kolkata Appellate

Decided on : Jan-09-2011

..... of in accordance with law. we shall therefore enforce the secured asset by taking recourse to measures u/s 13(4) of the abovementioned act and the relates rules for realizing the banks outstanding dues.9. the undersigned being the authorised officer, in exercise of powers conferred u/s ..... apartment kolkata 700 045.dear sir,8. notice u/s 13(4) of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 for possession of secured assets please refer to the demand notice dated 06.08.2010 issued u/s 13(2) of the securitization and ..... the secured assets referred to in this notice, without prior written consent of the secured creditor. we draw your attention to section 29 of securitization act, 2002, which award imprisonment up to one year or within fine or with both if you contravene the provisions of the act6. therefore, on ..... notice, failing which we will be exercising the powers under section 13 of the securitization and reconstruction of financial asset and enforcement of security interest act, 2002, against the secured assets mentioned above.7) please take note that after receipt of this notice, you shall not transfer by way of ..... 15, ganesh chandra avenue, kolakta 700013.dear sir,notice u/s 13(2) of the securitisation and reconstruction of financial assets and enforcement of security interest act, 20021) we have, at your request granted you various credit facilities and we give below full details of credit facilities granted by us:a) cash .....

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Feb 21 2011 (HC)

Smt. Padmabati MitrA. Vs. Union of India and ors.

Court : Kolkata Appellate

Decided on : Feb-21-2011

1. the petitioner herein, is the widow of an employee of geological survey of india, eastern region who was posted at rangpo drilling camp, sikkim as camp-in-charge at the relevant time. 2. the said employee, namely, the husband of the petitioner met with a motor accident on 18 th october, 1982 along with other employees while returning from darjeeling. the vehicle in question belonged to the department namely, geological survey of india ltd. 3. in view of the aforesaid motor accident, the husband of the petitioner and some other persons died in spot. the respondent authorities, thereafter, sanctioned family pension to the petitioner under ccs (pension) rules, 1972 with effect from 19 th october 1982. the petitioner also filed a motor accident claim case demanding payment of compensation and insurance amount. the said motor accident claim case was registered as macc case no. 34 of 1985 and 35 of 1985. after final disposal of the motor accident claim case the petitioner herein was awarded compensation of rs. 1,25,000/- and furthermore, rs.15, 000/- was awarded towards insurance claim. the son of the petitioner was also given appointment on compassionate ground by the respondent authorities due to the aforesaid sudden death of her husband while he was in service. 4. although, the petitioner herein was allowed to enjoy family pension under the ccs (pension) rules, 1972, the said petitioner claimed family pension under ccs (extraordinary) rules, 1939, since the husband of the .....

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