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1 - 9 of 9 (0.33 seconds)Section 18 in West Bengal Municipal Act, 1993 [Entire Act]
West Bengal Municipal Act, 1993
Chainbanu Khatun & Ors vs State Of West Bengal & Ors on 9 September, 2009
A distinction has to be drawn between the words "convene" and "hold"
and such distinction is real and apparent. The expression used in the said Rule
is convening of the meeting and not holding of the meeting. The reference in this
regard can be made to a Division Bench judgment of this Court in case of
Chainbanu Khatun & Ors. Vs. State of West Bengal & Ors., reported in 2009
(4) Calcutta High Court Notes 501, wherein it is held that the word "convene"
cannot be substituted by the word "hold", as both the words conveyed definite
and different intentions. It is was further noticed therein that those words are
used in the said Rules at different places and in such perspective it is held that
once the legislatures have used different words at different places in the same
statute, it must convey a different meaning and the intentions and synonimity
should be avoided while interpreting the same. Much emphasis is made on a
expression "receipt of such requisition" appearing in clause (i) of Rule 9(3)(b) of
the said Rules that it connotes the requisition to be served directly to the
Chairman for the purpose of commencement of the time period enshrined
therein.
Section 14 in West Bengal Municipal Act, 1993 [Entire Act]
Assam Panchayat Act, 1994
Section 12 in West Bengal Municipal Act, 1993 [Entire Act]
Jasoda Mondal vs The State Of West Bengal & Ors on 18 July, 2014
An identical issue was raised before the Co-ordinate Bench in case of
Jasoda Mondal vs. State of West Bengal & Ors., reported in 2002 (3) Calcutta
High Court Notes 193, wherein the matter relates to Panchayat Act and the
requisition was made by the requisitionists for removal of Prodhan of the
Panchayat. The Co-ordinate Bench noticed the expression "given" instead of
"serve" and held that if the statute is silent, such requisition if given to an
assistant in the office of the Prodhan it is logically inferred that such requisition
is placed before the head of the said office and, therefore, a harmonious
construction to the words should be adopted. It would be apposite to quote the
observations recorded in the above noted decision, which reads thus:
Section 19 in West Bengal Municipal Act, 1993 [Entire Act]
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