web analytics

Menu

Skip to content
Shades of Knife
  • Home
  • True Colors of a Vile Wife
  • Need Inspiration?
  • Blog Updates
  • SOK Gallery
  • Vile News Reporter
  • About Me
  • Contact Me

Shades of Knife

True Colors of a Vile Wife

State of West Bengal and Ors Vs R.K.B.K. Ltd and Anr on 4 Sep 2015

Posted on May 31 by ShadesOfKnife

Supreme Court held that, any adverse Order passed by an authority can not be taken cognizance of in the eye of law if it is not communicated to the person aggrieved.

From Para 24,

24. The aforesaid decision, as is evident, lays down that passing of the order and communication thereof must be within 30 days and on that basis has opined that the order passed on the file and not communicated to the person aggrieved is not an order that can be taken cognizance of. There can be no scintilla of doubt that unless an adverse order is communicated that does not come into effect. Passing of an order on the file does not become an order in the eye of law. But the core question would be, if an order is passed within 30 days and communicated thereafter, what would be the effect. In the instant case, as the factual matrix would unveil, the order was passed before expiration of 30 days, but the same was served on the first respondent beyond 30 days. The thrust of the matter is whether the order has to be passed and communicated within 30 days. Paragraph 9 of the Control Order requires the competent authority to pass an order within 30 days from the date of serving the show cause notice or the suspension of licence. The word used is “shall”. Paragraph 10 of the Control Order enables the aggrieved person to prefer an appeal against an order passed under Paragraph 8 or 9 within 30 days to the State Government in Food and Supplies Department. In this context, reference to the authority in MCD v. Qimat Rai Gupta and others4 is of significance. In the said case, the Court was interpreting the word “made” occurring in Section 126(4) of the Delhi Municipal Corporation Act, 1957, which stipulated that no amendment under sub-section 1 shall be made in the assessment list in relation to certain aspects. It was contended before this Court on behalf of the Municipal Corporation of Delhi that the use of the expression “made” occurring in the said sub-section would necessitate communication of the order. It was contended before this Court by the Corporation that the distinction must be made between communication of order and making thereof inasmuch as whereas communication may be necessary so as to enable an assessee to prefer an appeal against the order of assessment but only signing of the order would subserve the purpose of saving the period of limitation. The submission was that the expression “no amendment under sub-section (1) shall be made” should be given a liberal interpretation. Reliance was placed on the pronouncement in CCE v. M.M. Rubber and Co.5 The said stand was controverted on the ground that the Act having been enacted for the purpose of controlling the abuse of power on the part of the Commissioner, the same should be given purposive meaning so as to fulfil the purport and object of the legislation.

State of West Bengal and Ors Vs R.K.B.K. Ltd and Anr on 4 Sep 2015

Citations : [2015 AIR SC 3411], [2015 AD SC 10 112], [2015 CALLT SC 4 1], [2015 CHN SC 5 144], [2015 MLJ 7 105], [2015 SCALE 9 550], [2015 SCC 10 369], [2015 SCJ 9 421], [2015 SCC ONLINE SC 783], [2015 CAL LJ 3 57]

Other Sources :

https://indiankanoon.org/doc/170103027/

https://www.casemine.com/judgement/in/5790b345e561097e45a4e3df

Shades of Knife


Disclaimer:

Curated, Reproduced from main.sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.

I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.

Read more gyan here.

Though, I can remove content from my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express bar from a Competent Court.

Om Shanthi !!!


Oh, by the way, my competent Legal team delivers time-bound legal reliefs to victims of false family and matrimonial cases at

AnaghaLegalReliefs.in !!! (work-in-progress)

We are on social media too.
Just google for: Anagha Legal Reliefs

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order State of West Bengal and Ors Vs R.K.B.K. Ltd and Anr | Leave a comment

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <s> <strike> <strong>

Search within entire Content of “Shades of Knife”

My Legal Twitter Timeline

Tweets by @SandeepPamarati

My MRA Twitter Timeline

Tweets by @Shadesofknife

Recent Posts

  • Rajamma H Vs Thimmaiah V on 09 Jun 2022 June 24, 2022
  • Elizabeth Dinshaw Vs Arvand M.Dinshaw and Anr on 11 Nov 1986 June 21, 2022
  • Nisar Ahmad Wani and Ors Vs Police Station Neemuch and Ors on 03 Jun 2022 June 18, 2022
  • Union of India and Ors Vs MS J.K.Mittal and Co and Ors on 28 Mar 2018 June 17, 2022
  • Mukesh Bansal Vs State of UP and Anr on 13 Jun 2022 June 16, 2022

Most Read Posts

  • Jagdish Shrivastava Vs State of Maharashtra on 11 Mar 2022 (1,402 views)
  • Bhagyashri Jagdish Jaiswal Vs Jagdish Sajjanlala Jaiswal and Anr on 26 Feb 2022 (1,398 views)
  • Deepak Sharma Vs State of Haryana on 12 Jan 2022 (804 views)
  • Rajendra Bhagat Vs State of Jharkhand on 03 Jan 2022 (763 views)
  • Luckose Zachariah Vs Joseph Joseph on 18 Feb 2022 (708 views)
  • Ravneet Kaur Vs Prithpal Singh Dhingra on 24 Feb 2022 (632 views)
  • Kahkashan Kausar @ Sonam Vs State of Bihar on 08 Feb 2022 (626 views)
  • Prabha Tyagi Vs Kamlesh Devi on 12 May 2022 (448 views)
  • Beena MS Vs Shino G Babu on 04 Feb 2022 (398 views)
  • MS Supreme Bhiwandi Wada Manor Infrastructure Pvt Ltd Vs State of Maharashtra on 26 Jul 2021 (397 views)

Tags

Legal Procedure Explained - Interpretation of Statutes (308)Reportable Judgement or Order (291)Landmark Case (289)2-Judge (Division) Bench Decision (214)Work-In-Progress Article (212)Catena of Landmark Judgments (190)1-Judge Bench Decision (107)Sandeep Pamarati (85)3-Judge (Full) Bench Decision (73)Article 21 - Protection of life and personal liberty (72)Absurd Or After Thought Or Baseless Or False Or General Or Inherently Improbable Or Improved Or UnSpecific Or Omnibus Or Vague Allegations (51)Reprimands or Setbacks to YCP Govt of Andhra Pradesh (49)Perjury Under 340 CrPC (48)Summary Post (46)CrPC 482 - Quash (37)Issued or Recommended Guidelines or Directions (36)Advocate Antics (33)Rules of the Act/Ordinance/Notification/Circular (32)IPC 498a - Not Made Out (32)PWDV Act 20 - Maintenance Granted (31)

Categories

Supreme Court of India Judgment or Order or Notification (598)Bare Acts or State Amendments or Statutes or GOs or Notifications issued by Central or State Governments (295)High Court of Andhra Pradesh Judgment or Order or Notification (152)High Court of Delhi Judgment or Order or Notification (104)High Court of Bombay Judgment or Order or Notification (88)High Court of Karnataka Judgment or Order or Notification (56)General Study Material (55)High Court of Madras Judgment or Order or Notification (48)Assorted Court Judgments or Orders or Notifications (47)Prakasam DV Cases (46)LLB Study Material (45)High Court of Punjab & Haryana Judgment or Order or Notification (39)Judicial Activism (for Public Benefit) (38)High Court of Allahabad Judgment or Order or Notification (35)District or Sessions or Magistrate Court Judgment or Order or Notification (32)High Court of Kerala Judgment or Order or Notification (25)High Court of Gujarat Judgment or Order or Notification (24)High Court of Madhya Pradesh Judgment or Order or Notification (24)High Court of Calcutta Judgment or Order or Notification (18)High Court of Patna Judgment or Order or Notification (15)

Recent Comments

  • ShadesOfKnife on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • muralidhar Rao Sirangi on Sirangai Shoba @ Shoba Munnuri Vs Sirangi Muralidhar Rao on 19 October, 2016
  • ShadesOfKnife on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • anuj on J.Shyam Babu Vs The State Of Telangana on 9 February, 2017
  • ShadesOfKnife on Syed Nazim Husain Vs Additional Principal Judge Family Court & Anr on 9 January, 2003

Archives of SoK

  • June 2022 (14)
  • May 2022 (23)
  • April 2022 (32)
  • March 2022 (17)
  • February 2022 (6)
  • January 2022 (2)
  • December 2021 (7)
  • November 2021 (7)
  • October 2021 (6)
  • September 2021 (10)
  • August 2021 (31)
  • July 2021 (45)
  • June 2021 (17)
  • May 2021 (17)
  • April 2021 (18)
  • March 2021 (58)
  • February 2021 (14)
  • January 2021 (50)
  • December 2020 (35)
  • November 2020 (68)
  • October 2020 (67)
  • September 2020 (29)
  • August 2020 (41)
  • July 2020 (20)
  • June 2020 (36)
  • May 2020 (40)
  • April 2020 (38)
  • March 2020 (26)
  • February 2020 (43)
  • January 2020 (35)
  • December 2019 (35)
  • November 2019 (4)
  • October 2019 (18)
  • September 2019 (58)
  • August 2019 (33)
  • July 2019 (12)
  • June 2019 (19)
  • May 2019 (5)
  • April 2019 (19)
  • March 2019 (58)
  • February 2019 (11)
  • January 2019 (90)
  • December 2018 (97)
  • November 2018 (43)
  • October 2018 (31)
  • September 2018 (73)
  • August 2018 (47)
  • July 2018 (143)
  • June 2018 (92)
  • May 2018 (102)
  • April 2018 (59)
  • March 2018 (8)

Blogroll

  • Daaman Promoting Harmony 0
  • Fight against Legal Terrorism Fight against Legal Terrorism along with MyNation Foundation 0
  • Good Morning Good Morning News 0
  • Insaaf India Insaaf Awareness Movement 0
  • MyNation Hope Foundation Wiki 0
  • MyNation.net Equality, Justice and Harmony 0
  • Sarvepalli Legal 0
  • Save Indian Family Save Indian Family Movement 0
  • SIF Chandigarh SIF Chandigarh 0
  • The Male Factor The Male Factor 0
  • Vaastav Foundation The Social Reality 0
  • Voice4india Indian Laws, Non-profits, Environment 0
  • Writing Law Writing Law by Ankur 0

RSS Cloudflare Status

  • Network connectivity issues in the Ashburn region June 24, 2022
    Jun 24, 10:48 UTCResolved - Cloudflare experienced Network connectivity issues in the Ashburn region between 09:45 and 09:47 UTC.
  • Cloudflare API service issues June 22, 2022
    Jun 22, 18:41 UTCResolved - This incident has been resolved.Jun 22, 18:34 UTCMonitoring - Cloudflare is investigating issues with API availability from 1750-1755 UTC.Customers using Cloudflare APIs are impacted as requests might fail and/or errors may be displayed.
  • Cloudflare Service Issues June 21, 2022
    Jun 21, 08:06 UTCResolved - This incident has been resolved.Jun 21, 07:51 UTCUpdate - We are still monitoring the result.Jun 21, 07:20 UTCMonitoring - A fix has been implemented and we are monitoring the results.Jun 21, 06:57 UTCIdentified - The issue has been identified and a fix is being implemented.Jun 21, 06:43 UTCInvestigating - A […]

RSS List of Spam Server IPs from Project Honeypot

  • 182.61.138.128 | S June 23, 2022
    Event: Bad Event | Total: 2 | First: 2022-06-23 | Last: 2022-06-23
  • 103.48.139.214 | SD June 23, 2022
    Event: Bad Event | Total: 1,560 | First: 2015-09-26 | Last: 2022-06-23
  • 185.199.159.187 | S June 23, 2022
    Event: Bad Event | Total: 131 | First: 2022-05-17 | Last: 2022-06-23
Proudly powered by WordPress
Theme: Flint by Star Verte LLC

Bad Behavior has blocked 449 access attempts in the last 7 days.

pixel