Appeal and revision under Income Tax Act 1961

Section – 246 : Appealable orders Section – 246A : Appealable orders before Commissioner (Appeals) Section – 247 : Appeal by partner Section – 248 : Appeal by a person denying liability to deduct tax in certain cases Section – 249 : Form of appeal and limitation Section – 250 : Procedure in appeal Section … Continue reading Appeal and revision under Income Tax Act 1961

Whether the Central Bureau of Investigation is empowered to conduct ‘fresh’/’re- investigation’ when the cognizance has already been taken by the Court of competent jurisdiction on the basis of a police report under Section 173 of the Code?

Supreme Court of India in Vinay Tyagi vs Irshad Ali @ Deepak & Ors decided on 13 December, 2012 2. The following two important questions of law which are likely to arise more often than not before the courts of competent jurisdiction fall for consideration of this Court in the present appeal : Question No.1 … Continue reading Whether the Central Bureau of Investigation is empowered to conduct ‘fresh’/’re- investigation’ when the cognizance has already been taken by the Court of competent jurisdiction on the basis of a police report under Section 173 of the Code?

CONSTITUTION OF SPECIAL COURT- COGNISANCE AND BAIL UNDER NDPS ACT 1985

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 … Continue reading CONSTITUTION OF SPECIAL COURT- COGNISANCE AND BAIL UNDER NDPS ACT 1985

Bargadar, Law Relating To under West Bengal Land Reform Act 1955

West Bengal Land Reform Act 1955 Operation Barga was launched by Left Front Government in West Bengal in 1978 and concluded by the mid-1980s. Bargadar Means:- S 2(2) “bargadar” means a person who under the system generally known as adhi, barga or bhag cultivates the land of another person on condition of delivering a share of the produce of … Continue reading Bargadar, Law Relating To under West Bengal Land Reform Act 1955

The High Court cannot in guise of exercising its jurisdiction under Article 227 convert itself into a Court of appeal

In Bathutmal Raichand Oswal vs. Laxmibai R. Tarta and another, (1975) 1 SCC 858, this Court held : “The High Court cannot in guise of exercising its jurisdiction under Article 227 convert itself into a Court of appeal when the Legislature has not conferred a right of appeal and made the decision of the subordinate … Continue reading The High Court cannot in guise of exercising its jurisdiction under Article 227 convert itself into a Court of appeal

Sub-tenancy under the West Bengal Premises Tenancy Act 1997

West Bengal Premises Tenancy Act 1997 26. Creation and termination of sub-tenancy to be notified. – (1) Where after the commencement of this Act, any premises is sublet, either in whole or in part, by the tenant with the previous consent in writing or the landlord, the tenant and every sub-tenant to whom the premises … Continue reading Sub-tenancy under the West Bengal Premises Tenancy Act 1997

Restrictions on Alienation of Land by Scheduled Tribes under The West Bengal Land Reform Act 1955

The West Bengal Land Reform Act 1955 14A. Provisions of Chapter IIA to override other provisions of this Act.—The provisions of this Chapter shall have effect notwithstanding anything to the contrary contained elsewhere in this Act. 14B. Restrictions on alienation of land by Scheduled Tribes.—Save as provided in section 14C, [any transfer, other than restoration made … Continue reading Restrictions on Alienation of Land by Scheduled Tribes under The West Bengal Land Reform Act 1955

Preparation or revision of record-of-rights under the West Bengal Land Reform Act 1955

West Bengal Land Reform Act 1955 Preparation or revision of record-of-rights 50A. Section 50 not to apply to certain cases.—Section 50 shall not apply to any district or part of such district where Chapter VIIA has come into force for the purpose of revision or preparation of records of rights; but section 50 shall apply … Continue reading Preparation or revision of record-of-rights under the West Bengal Land Reform Act 1955

Preparation of Record-of-rights under West Bengal estate Acquisition Act 1953

CHAPTER V Preparation of Record-of-rights 39. Preparation of record-of-rights.—(1) Subject to the provisions of sub-section (4), the State Government may, for carrying out the purposes of this Act make an order directing— (a) that a record-of-rights be prepared in respect of any district, or part of a district, or (b) that the record-of-rights prepared and … Continue reading Preparation of Record-of-rights under West Bengal estate Acquisition Act 1953

Juvenile Justice Board Under Juvenile Justice (Care and Protection of Children) Act, 2015

Juvenile Justice (Care and Protection of Children) Act, 2015 4. Juvenile Justice Board (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), the State Government shall, constitute for every district, one or more Juvenile Justice Boards for exercising the powers and discharging its functions relating to children in conflict with law … Continue reading Juvenile Justice Board Under Juvenile Justice (Care and Protection of Children) Act, 2015

Whether High Court can invoke its extraordinary jurisdiction under article 226 if article 227 is, otherwise, not attracted

228. Coupled with the above, since the present appellant’s application was made under articles 226 and also 227, and, as we have already indicated above article 227 was not attracted, as against that part of the order, whereby the learned trial court had declined to direct further investigation at the instance of the present appellant, … Continue reading Whether High Court can invoke its extraordinary jurisdiction under article 226 if article 227 is, otherwise, not attracted

The Prevention Of Money-Laundering Act, 2002

The Prevention Of Money-Laundering Act, 2002 (15 of 2003) An Act to prevent money-laundering and to provide for confiscation of property derived from, or involved in, money-laundering and for matters connected therewith or incidental thereto . Whereas the Political Declaration and Global Programme of Action, annexed to the resolution S-17/2 was adopted by the General … Continue reading The Prevention Of Money-Laundering Act, 2002

Miscellaneous Matters under Calcutta High Court original side rules[Ch-38][CHCOSR]

Miscellaneous Matters Part 1 Pleadings Title page.– Every plaint, written statement, originating summons and affidavit presented with the originating summons, and petition on which a proceeding is sought to be initiated, shall have a title page containing the cause title of the suit or matter and also the name in full and the place of … Continue reading Miscellaneous Matters under Calcutta High Court original side rules[Ch-38][CHCOSR]

Establishment of the Panchayat Samiti under WB Panchayat Act

CHAPTER X Establishment of the Panchayat Samiti Staff of the Panchayat Samiti.– (1) There shall be an Executive Officer for every Panchayat Samiti and the Block Development Officer shall be the ex officio Executive Officer: Provided that any such Block Development Officer shall be recalled by the State Government if a resolution to that effect is passed by thePanchayat Samiti, … Continue reading Establishment of the Panchayat Samiti under WB Panchayat Act

When exercising appellate jurisdiction under Article 136, the Supreme Court has power to pass any order.

02-02-1998 Supreme Court has no power to enhance sentence in the absence of an appeal by the Government presented specifically for that purpose more so because the Supreme Court has no revisional powers which the High Court and Court of Sessions are conferred with by the present Code. Article 142 should not be made far … Continue reading When exercising appellate jurisdiction under Article 136, the Supreme Court has power to pass any order.

Magistrate is entitled to take cognizance of an offence under Section 190(1)(b) of the Code even if the police report is to the effect that no case is made out against the accused.

06-01-2012 Dr. Nupur Talwar Vs. C.B.I., Delhi & ANR. SUPREME COURT [Criminal Appellate Jurisdiction Criminal Appeal No.68 of 2012 arising out of Special Leave to Appeal (CRL) No(S).2982/2011] GANGULY, J. 1. We have heard learned counsel for the parties. 2. Leave granted. 3. The subject matter of challenge before this Court is an order dated … Continue reading Magistrate is entitled to take cognizance of an offence under Section 190(1)(b) of the Code even if the police report is to the effect that no case is made out against the accused.

Rules of High Court at Calcutta relating to Applications under Article 226 of The Constitution of India

Rules of High Court at Calcutta relating to Applications under Article 226 of The Constitution of India The following Rules framed by the High Court at Calcutta will come into force with effect from the 23rd day of May, 1986. CHAPTER 1 1. – Except as otherwise provided, all applications made under Article 226 of … Continue reading Rules of High Court at Calcutta relating to Applications under Article 226 of The Constitution of India

Civil Revision

Law Library 115. Revision.- (1) The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate court appears— (a) to have exercised a jurisdiction not vested in it by law, or (b) … Continue reading Civil Revision

Constitution of the Kingdom of the Netherlands of August 24, 1815

The Netherlands is a hereditary constitutional monarchy, with a parliamentary form of government based on the principles of ministerial responsibility, with the Monarch as the Head of State. The Kingdom of the Netherlands dates from 1814. The Constitution of the Netherlands (hereinafter “NC”) was adopted in 1814 and was last amended on 7 July 2002. … Continue reading Constitution of the Kingdom of the Netherlands of August 24, 1815