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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.
Calcutta High Court (Appellete Side) Cites 15 - Cited by 3 - P K Chattopadhyay - Full Document

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:
Calcutta High Court (Appellete Side) Cites 0 - Cited by 2 - D K Gupta - Full Document
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