under section 6 of the West Bengal Estate Acquisition Act 1953 Right of intermediary to retain certain lands:- (1) Notwithstanding anything contained in sections 4 and 5, an intermediary shall, except in the cases mentioned in the proviso to sub-section (2) but subject to the other provision to that sub-section, be entitled to retain with effect… Read More Rights of an intermediary under West Bengal Estate Acquisition Act 1953
Bengal Public Demand Recovery Act 1913 34. Suit in Civil Court to have certificate cancelled or modified.—The Certificate-debtor may, at any time within six months— (1) from the service upon him of the notice required by section 7, or (2) if he files, in accordance with section 9, a petition denying liability — from the… Read More Reference to Civil Court under West Bengal public Demand recovery Act
Public Demands [See sees. 3(6) and 34(b)] 1. Any arrear of revenue which remains due in the following circumstances, namely: When, under the provisions of Bengal Land-Revenue Sales Act, 1859 (XI of 1859), or the Bengal Land-Revenue Sales Act, 1868 (Ben. Act VII of 1868), or any other law for the time being in force, an estate or tenure, or… Read More schedule under West Bengal Public Demands
SUPREME COURT OF INDIA Sukhdev Singh Vs. State of Haryana If the information was received when the police officer was in the police station with sufficient time to take action, and if the police officer fails to record in writing the information received, or fails to send a copy thereof, to the official superior, then… Read More Sukhdev Singh Vs. State of Haryana [ALL SC 2012 DECEMBER] [Mandatory Compliance U/s 42 of the NDPS Act [Supreme Court Directions]
36. Constitution of Special Courts— (1)The Government may, for the purpose of providing speedy trial of the offences under this Act, by notification in the Official Gazette, constitute as many Special Courts as may be necessary for such area or areas as may be specified in the notification. (2)A Special Court shall consist of a single Judge who shall… Read More CONSTITUTION OF SPECIAL COURT- COGNISANCE AND BAIL UNDER NDPS ACT 1985
The kinds of cheques as under: 1. Open cheque: The issuer of the cheque would just fill the name of the person to whom the cheque is issued, writes the amount and attacheshis signature and nothing else. This type of issuing a cheque is also called bearer type cheque also known as open cheque or uncrossed cheque.… Read More INTRODUCTION TO THE OFFENCE OF DISHONOUR OF CHEQUE
Keywords:- Limitation-Time barred Debt- The rules of limitation are not meant to destroy the rights of the parties. S. 3 of the Limitation Act 36.of 1963, for short “the Act” only bars the remedy, but does not destroy the right which the remedy relates to. The right to the debt continues to exist notwithstanding the… Read More Punjab National Bank and others Versus Surendra Prasad Sinha [ALL SC 1992 APRIL]
Collector of Central Excise, Calcutta Versus M/s. Alnoori Tobacco Products and another [All SC 2004 July] AIR 2004 SCW 4311 : JT 2004 (5) SC 593 : (2004) 6 SCALE 232 : (2004) 6 SCC 186 (SUPREME COURT OF INDIA) Collector of Central Excise, Calcutta Appellant Versus M/s. Alnoori Tobacco Products and another Respondent (Before : S.… Read More Courts should not place reliance on decisions without discussing as to how the factual situation fits in with the fact-situation of the decision on which reliance is placed.
Supreme Court of India in Gurcharan Singh vs Surjit Singh & Anr decided on 2 November, 2012 The Calcutta High Court has taken a similar view in State of West Bengal v. Manisha Maity (supra) that Order XXII, Rule 4 of the CPC providing for the procedure for substitution of the heirs and legal representatives of… Read More Whether an application for substitution of a respondent who was dead when the Special Leave Petition was filed was maintainable, and if not, the remedy of the petitioner when he comes to learn that the respondent was actually dead when he filed the Special Leave Petition.
KEYWORDS:- APPLICATION OF SECTION 5 IN CRIMINAL MATTER- In a case where an application for special leave to appeal from an order of acquittal is filed after the coming into force of the Limitation Act, 1963, Section 5 would be available to the applicant and if he can show that he had sufficient cause for… Read More Mangu Ram AND OTHERS Versus Municipal Corporation of Delhi [ALL SC 1975 OCTOBER ]
In a suit for recovery of money, the following to aspect can be pleaded by the Defendant in his written statement . Where a debtor has a cross-claim against a creditor, the reduction or extinguishment of the creditor’s claim by the amount of his cross-claim is ‘set off’ Equity means equal Legal Set Off –… Read More Distinguish between Legal and Equitable set off.
KEYWORDS:- APPLICABILITY OF LIMITATION LAW IN ARBITRATION AIR 2008 SCW 4182 : JT 2008 (6) SC 22 : (2008) 6 SCALE 748 : (2008) 7 SCC 169 (SUPREME COURT OF INDIA) M/s. Consolidated Engineering Enterprises Appellant Versus Principal Secretary, (Irrigation Department) and OTHERS Respondent WITH Hatti Gold Mines Co. Ltd. Appellant Versus Vinay Heavy Equipments… Read More M/s. Consolidated Engineering Enterprises Versus Principal Secretary, (Irrigation Department) and OTHERS [ ALL SC 2008 APRIL]