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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Court: kolkata Page 1 of about 24 results (0.031 seconds)

Aug 14 2008 (HC)

Kishwar Jahan and anr. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2008(3)CHN857

..... ; they started living separately as a result of estrangement between them; while the son was in the custody of the respondent pursuant to an order passed under the guardians and wards act, the son escorted by his grandmother was waiting at a bus stop when the appellant accompanied by three or four persons forcibly took him away, on the respondent's complaint ..... affidavit to the petition as noted above, affidavits which have been filed do not clear the position. according to the learned advocate general, the order dated 28.2.2008 passed by this court was misconstrued and as such an affidavit touching only the point on which affidavit was invited thereby was filed. be that as it may, he contended that the cid ..... of west bengal, reported in : (2001)2callt526(hc) ; association for protection of democratic rights (supra) and state of west bengal v. jawahar singh reported in : 2008(1)chn559 are the division bench decisions of this court which were relied upon for the same effect, reliance was also placed on the decisions in 1994 supp (1) scc 145, mohammed anis v. union of ..... good extent by subsequent decisions. one may profitably refer to the decision in state bank of india v. s.n. goyal reported in 2008 air scw 4355 wherein it has been held that in writ proceedings, the high court can call for the record of the case, examine the same and pass appropriate orders after giving an opportunity to the state/ the .....

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Jun 22 2012 (HC)

Tata Motors Limited and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

..... pith and substance a law on acquisition and the presidential assent under article 254(2) was warranted to save the legislation.535. we have also noticed that the supreme court observed that act was enacted in public interest to secure its proper management and to preserve the valuable tree growth, paintings, art objects, carvings and for the establishment of an art gallery ..... purposive or any other principle, learned judge took the unprecedented approach of asking the learned advocate general about incorporation of s.23 and s.24 of the l.a. act in open court and waited for the states consent on the next date.366. mr. pal pointed out that the response was a qualified one. the learned advocate general stated as ..... any other principle, that is why he took the unprecedented approach of asking the learned advocate general about incorporation of section 23 and section 24 of the land acquisition act in open court and waited for the states consent on the next date.80. he further pointed out that even the statement which was made by the learned advocate general on ..... which is as follows: 207. later, it is pertinent to note that a five-judge bench of this court in ashoka kumar takur v. union of india (2008)6 scc 1, while examining the validity of the central educational institutions (reservation in admission) act 2006 held as follows:219. a legislation passed by parliament can be challenged only on constitutionally recognized grounds. ordinarily .....

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Apr 25 2008 (HC)

Subhamoy Singha Roy Vs. Jadavpur University and ors.

Court : Kolkata

Reported in : (2008)2CALLT468(HC),2008(3)CHN507

..... on record are necessary to arrive at the conclusion whether or not the delinquent has committed misconduct.17. while exercising jurisdiction under article 226 of the constitution the high court does not act as an appellate authority. its jurisdiction is circumscribed by limits of judicial review to correct errors of law or procedural errors leading to manifest injustice or violation of principles ..... . 11 sought leave and filed a supporting affidavit on such day. in the order of march 5, 2008, it was provided, inter alia, as follows:the substance of the affidavit filed by the respondent no. 11 may be dealt with by the university in its affidavit-in-opposition ..... that the two sail on the same boat and have either to stand or fall together. an order passed by this court at the initial stage of the proceedings is placed on behalf of the respondent no. 11. on march 5, 2008 when this matter was first called on, the university sought two weeks' time to use an affidavit. the respondent no ..... thinking. the university's affidavit was not filed within two weeks, or even after three weeks. on march 28, 2008 the university sought a further adjournment of two weeks to file its affidavit. the university was allowed time till april 12, 2008 and the petitioner was permitted two days' time to use a reply.32. the respondent no. 11 submits that the .....

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May 18 2010 (HC)

Ashok Kumar Todi Vs. Kishwar Jahan and ors.

Court : Kolkata

Reported in : AIR2011SC1254

..... to do so as and when such recording is disclosed. f) he filed the affidavit pursuant to the direction given by this hon'ble court on 28th february, 2008 and without prejudice and would deal only with the allegations contained in paragraphs 25 and 26 of the writ-application and paragraphs 6, 8 ..... of and at the same time, the cbi has been permitted to submit such report as charge sheet in the criminal court and the state has been given liberty to act according to its discretion on the basis of such recommendations as the final outcome of the writ-application, we are of ..... g.r.p.s., dum dum was received by the karaya police station. the said letter dated september 21, 2007 from the kolkata nagarik sammelan, 65 ward committee was recorded vide g.d. entry no. 2212, dated september 21, 2007 at 23:20 hours. this letter from kolkata nagarik sammelan as also ..... called by issuing notice under the provisions of the code. mr. bandyopadhyay contends that if no criminal case was registered against rizwanur, the police authorities acted arbitrarily and with mala fide intention in repeatedly calling him in lal bazar for the purpose of breaking the matrimonial relationship between the couple at the ..... herein justified? is respondent no. 3 responsible in any manner? (iv) did any of the city police officers (respondents 5, 7, 8 and 9) act ultra vires in discharge of official duties? (v) whether investigation conducted by the state police agencies was in accordance with law? (vi) whether the facts and .....

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Nov 03 2016 (HC)

State of West Bengal Vs. Pam Developments Pvt. Ltd.

Court : Kolkata

..... with the terms of the contract which in effect would be really a contravention of section 28(3) of the arbitration and conciliation act. the hon ble supreme court, however, entered a caveat by stating that an arbitral tribunal must decide in accordance with the terms of the contract but if an ..... questions of law and of fact obviously with the limited grounds of interference as alluded to above. as observed by the supreme court in associate builders (supra), the 1996 act was enacted to provide for an arbitral procedure, which is fair, efficient and capable of meeting the needs of arbitration, to ..... of the respective contract; or (iv) patently illegal, or (v) prejudicial to the rights of the parties, is open to interference by the court under s.34(2) of the act. (b) award could be set aside if it is contrary to: (i) fundamental policy of indian law; or (ii) the interest of ..... 19th december, 2003, 11th february, 2004 and 5th march, 2004. the non-applicability of section 55 of the contract act would further be apparent from the judgment of the apex court in mcdermott international (supra) where it was clearly held that in cases of this nature, it is the second proviso ..... development authority v. r.s. sharma (2008(13) scc80 the hon ble supreme court summarized the law thus: from the above decisions, the following principles emerge: (a) an award, which is (i) contrary to substantive provisions of law; or (ii) the provisions of the arbitration and conciliation act, 1996; or (iii) against the .....

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Aug 22 2017 (HC)

Sleepwell Industries Co. Ltd. Vs. Lmj International Ltd.

Court : Kolkata

..... reached, the invocation of arbitration clause is void ab initio. in this regard, the learned senior counsel has referred to an unreported decision of a single bench of this court in ap112of 2008 [waidhan engineering & industries private limited vs. the board of trustees for the port of kolkata]. decided on 5th may, 2010. the fourth objection is that even if it is ..... a domestic award would not touch the award on this ground. in any event, such grounds of challenge are not coming within the purview of section 48 of the act. the court unhesitatingly accepts the submission of mr. bose that the english cases at this stage are academic as the tribunal has proceeded on the basis that the award-holder seller is ..... available for setting aside of the domestic award under section 34 are not the same public policy grounds . mentioned under section 48 of the arbitration and conciliation act, 1996. mr. bose has requested this court to consider the fundamental and preliminary objections before considering the merits of the matter. it is submitted that the contract is a fob contract. the fundamental basis ..... on :22. d august, 2017. soumen sen, j.:- the judgment-debtor is the applicant. the judgment-debtor has filed this application ostensibly under section 48 of the arbitration and conciliation act, 1996 but essentially for having a second look at the foreign award, notwithstanding an earlier order dated 4th september, 2014, by which the question of maintainability including enforceability of the .....

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Jun 22 2012 (HC)

Tata Motors Limited and Others Vs. the State of West Bengal and Others

Court : Kolkata

..... pith and substance a law on acquisition and the presidential assent under article 254(2) was warranted to save the legislation. 523. we have also noticed that the supreme court observed that act was enacted in public interest to secure its proper management and to preserve the valuable tree growth, paintings, art objects, carvings and for the establishment of an art gallery ..... purposive or any other principle, learned judge took the unprecedented approach of asking the learned advocate general about incorporation of s.23 and s.24 of the l.a. act in open court and waited for the states consent on the next date. mr. pal pointed out that the response was a qualified one. the learned advocate general stated as recorded ..... any other principle, that is why he took the unprecedented approach of asking the learned advocate general about incorporation of section 23 and section 24 of the land acquisition act in open court and waited for the states consent on the next date. 77. he further pointed out that even the statement which was made by the learned advocate general on ..... which is as follows: 207. later, it is pertinent to note that a five-judge bench of this court in ashoka kumar takur v. union of india (2008)6 scc 1, while examining the validity of the central educational institutions (reservation in admission) act 2006 held as follows: 219. a legislation passed by parliament can be challenged only on constitutionally recognized grounds. ordinarily .....

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Mar 31 2011 (HC)

Chowdhury Masiar Rahaman. Vs. State of West Bengal and anr.

Court : Kolkata Appellate

..... the de facto complainant the liberty granted to the accused cannot be curtailed and there is no scope for recalling the order passed by the court on 23.12.2008 rejecting his prayer. so he has rejected the said petition as there is no adverse report against the accused on bail for misusing such liberty ..... may be grievous in nature. nevertheless the io has submitted charge sheet in this case under section 304a ipc read with section 23 of juvenile justice act only to secure bail of the yoga teacher which is abuse of the process of law. f) the headmistress and other members of the managing committee ..... to such type of punishment that will be dealt with strictly. this circular has been violated by the yoga teacher for which the gravity of the alleged act should be reassessed in its proper perspective. e) from the nature of injury and the conduct of the accused yoga teacher it will appear that the ..... a complaint to this effect to the ekbalpore police station disclosing a cognizable offence but the officer-incharge of the police station did not act in accordance with law. following the death of his daughter the io prayed for addition of the offence of section 304a ipc in place ..... school under section 23 of the juvenile justice (care and protection of the children) act, 2000. but the investigation was not properly made and as such on 02.02.2009 the petitioner filed a writ petition before this honble court seeking for cbi enquiry against the mala fide investigation of the ekbalpore police station, .....

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Apr 05 2010 (HC)

Zonal Manager, Central Bank of India and ors. Vs. Devi Ispat Ltd. and ...

Court : Kolkata

Reported in : 2010(5)LW151

..... if any, therein in accordance with law.63. in the case of shanti devi v. state of sikkim and anr. reported in (2008) 14 scc 220, a writ-court completely disregarded the civil law relating to eviction and directed the writ-petitioner on her own writ- petition to handover possession of the tenanted ..... the appellant to justify its stance but the pre-requisite for taking the plea of fraud as provided under the contract act has not been fulfilled.56. thus the writ-court is entitled to grant relief to the writ-petitioner subject to its right to recover the amount on proving fraud before ..... admission. in order to get rid of such admission on plea of fraud, the party admitting something must institute judicial proceedings for declaration of fraudulent act of the other in inducing him to make such declaration and so long in such proceedings, the fraud is not established and the declaration sought ..... allowing the application, the learned single judge overruled the defence of the appellant sought to be taken by relying upon section 171 of the contract act and as regards fraud, the learned single judge observed as follows:at the time that the respondent-bank last wrote to the petitioner-company for ..... due certificate pertaining to the petitioner-company's account with the burrabazar branch of the respondent-bank to the petitioner-company which they have not released acting in a mala fide manner, without any further delay and after complying with all formalities;b) a writ of and/or writs in the .....

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Jul 30 2008 (HC)

India Media Services Private Limited Vs. Newsprint Trading and Sales C ...

Court : Kolkata

Reported in : 2008(4)CHN660

..... . but when the property sought to be proceeded against, is outside the jurisdiction of the court which passed the decree acting as the executing court, there was a conflict of views earlier, some courts taking the view that the court which passed the decree and which is approached for execution cannot proceed with execution but could ..... 3390 of 2007 for implementation of the order of may 18, 2007 which is pending.x. the plaintiff has filed another application, ga no. 1311 of 2008, also for implementation of the order of may 18, 2007 which is pending.8. the argument made on behalf of the third defendant at the final ..... considering the point of limitation raised by the plaintiff. ga no. 1349 of 2008 is dismissed with costs assessed at 6000 gms.31. urgent certified photostat copies of this judgment be made available to the parties subject to compliance with ..... appears to have jumped the gun somewhat. even if there is any sting for the plaintiff in the tail of the order dated april 7, 2008, this is hardly the juncture to cite it and seek rescission of the agreements or annulment of the decree.30. the application fails without even ..... , even if it be assumed that if the hon'ble judge had presided over the interlocutory court he would have had the authority so to do.iv. the order of the supreme court passed on april 7, 2008 accords the third defendant a charter to urge all grounds now taken, whether in the application .....

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