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Jul 01 2011

Prasad Maity. Vs. Krishnapada Mondal.

Court : Kolkata

Decided on : Jul-01-2011

Subject : Constitution

Acts : Constitution Of India - Article 227; Indian Stamp Act, 1899 - Section 33, 2(14), 2(6), 2 (10), 35, 3; General Clauses Act, 1897 - Section 2(14)

situated in the areas to which the Kolkata Improvement Act, 1911 (Ben. Act V of 1911), or the Howrah Improvement Act, 1956 (West Ben. Act XIV of 1956), extends; (b) Co-partnership Deed, See Partnership (No.46). (b) six per centum of … admissible of any instrument in evidence in any proceeding in a Criminal Court, other than a proceeding under Chapter XII or Chapter XXXVI of the Code of Criminal Procedure, 1898 (5 of 1898): (e) nothing herein contained … suit for recovery of Rs. 2,70,000/- together with interest thereon computed at 6 percent per annum w.e.f. March 5, 2007 to December 15, 2008 totaling

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Sep 28 2007

Kolkata Municipal Corporation and ors. Vs. Bengal Club Limited and anr ...

Court : Kolkata

Decided on : Sep-28-2007

Subject : Municipal Tax

Acts : Kolkata Municipal Corporation Act, 1980 - Sections 171, 171(2), 171(3), 171(4), 171(4A), 174, 186, 188, 189, 189(2) and 190; ;Limitation Act, 1963; ;Howrah Bridge Act, 1926 - Section 215(2) and 215(9); ;Calcutta Improvement Act, 1911; ;Calcutta Port Act, 1890; ;Calcutta Metropolitan Development Authority Act, 1972; ;West Bengal Housing Board Act, 1972; ;West Bengal Industrial Infra-structure Development Corporation Act, 1974; ;West Bengal Slum Areas (Improvement and Clearance) Act, 1972; ;West Bengal Premises Tenancy Act, 1956; ;Constitution of India - Article 226

Reported in : 2008(1)CHN639

In calculating the gross amount of property tax including tax under the Howrah Bridge Act, 1926 (Ben. Act IV of 1926) that may be imposed … owned by or belonging to(i) The Board of Trustees for the improvement of Calcutta, constituted under the Calcutta Improvement Act, 1911 (Ben. Act V of 1911), or(ii) the Calcutta Metropolitan Development Authority, constituted under the Calcutta Metropolitan Development … is set out hereunder:174. Determination of annual valuation. (1) Notwithstanding anything contained in the West Bengal Premises Tenancy Act, 1956 (West Ben. Act XII of 1956) or in any other law for the time being in force, for … this Act, a property tax on the annual value, determined under this Chapter, of lands and buildings in Kolkata shall be imposed by the Corporation.(2)Such

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Jun 02 1982

Pramod Kumar Mittal Vs. Andhra Steel Corporation Ltd. and ors.

Court : Kolkata

Decided on : Jun-02-1982

Subject : Company

Acts : Companies Act, 1956 - Sections 293 and 397

Reported in : [1985]58CompCas772(Cal)

the said company.9. It is the allegation of the appellant that while the Dankuni factory which was near Howrah in West Bengal had remained closed since December, 1976, at that time there was a boom in the … May 13, 1977, M. L. Mittal had made an application under Sections 397 and 398 of the Companies Act, 1956, being Company Petition No. 221 of 1977 complaining about alleged mismanagement of the affairs of the company by … may incidentally while on these provisions note that Section 293 appears in Chapter II of Part VI of the Act which deals with the constitution … Mr. K. J. George--secretary, Govt. of India (retired) 6. Mr. S. P. Banerjee--advocate, Calcutta High Court. 7. … that though he admitted that the condition of the steel industries had improved in the country between 1978-79 and 1979-80, there were many companies producing

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Apr 26 1993

Shri Gobardhandas Damji Parmar and Others Vs. State of West Bengal and ...

Court : Kolkata

Decided on : Apr-26-1993

Subject : Municipal Tax

Acts : West Bengal Central Valuation Board Act, 1978 - Sections 3, 9, 9(1), (2) and (3), 11 and 14;; Bengal Municipal Act, 1932 - Sections 123(1), 128, 128(1) and (2), 136, 139, 145 and 146;; Bengal Municipal Rules - Rule 8;; Bengal Municipal (Amendment) Act, 1980;; Constitution of India - Articles 14 and 300A;; Calcutta Municipal Corporation Act, 1980 - Section 179;; Howrah Municipal Corporation Act, 1980

Reported in : AIR1993Cal208

u/S. 9(1) the provisions of Bengal Municipal Act, 1932, or the Calcutta Municipal Corporation Act, 1980 or the Howrah Municipal Corporation Act, 1980 or any other law relating to any of the matters provided for in this … of municipal laws relating to the determination of annual valuation and the provisions of West Bengal Premises Tenancy Act, 1956, and is also guided by the judicial pronouncements particularly by the Apex Court. The present writ application is … within the local limits of the Municipality in the manner provided in Chapter V and enter such value in the valuation list. Before the Amending … denied ail the allegations of the writ petitioners. 6. The petitioners have, however, filed their affidavit-in-reply reiterating … is erected or an existing building is reconstructed or substantially altered or improved in any area. In such a case such valuation or revaluation is

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Apr 19 2011

Afjal Imam. Vs. State of Bihar and Others.

Court : Supreme Court of India

Decided on : Apr-19-2011

Subject : Service

Acts : Bihar Municipal Act, 2007 -Sections 21 (3), 27, 25(4), 17, 25 (4), 23 (3), 21 (3), 21 (4) ; atna Municipal Corporation Act, 1951 - Sections 36, 20 (d), '; Howrah Act - Sections 6 (2), 7 (d) ; Calcutta Act - Section 8 (2), 9 (d)(e) ; Madhya Pradesh Municipal Corporation Act, 1956 - Section 37 ; M.P. and Chattisgarh Municipalities Act, 1961 - Section 70 ; Forest Act 1927 - Sections 52 (3)

provisions in this behalf. In the neighbouring State of West Bengal under the system of `Mayor-in-council' under the Howrah Muncipal Corporation Act, 1980 and Calcutta Municipal Corporation Act, 1980, the Mayor is elected by the corporators but … of weaker sections of society, including the handicapped and mentally retarded.10. Slum improvement and upgradation.11. Urban poverty alleviation.12. Provision of urban amenities and facilities such … the Act.(ii) Similar is the provision in Madhya Pradesh under section 37 of the Madhya Pradesh Municipal Corporation Act, 1956 (the section in the present form is since 1998 Amendment). The Mayor, who is elected by the Councillors … running into 488 sections which are divided into VIII parts and 44 chapters and they govern all the aspects of Municipal Governance and Administration. Part … the above referred Government Direction in Memo No. 6020 dated 18.12.2009, to the effect that notwithstanding the

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Nov 10 1978

Tube Mill (India) P. Ltd. and anr. Vs. Inspecting Assistant Commission ...

Court : Kolkata

Decided on : Nov-10-1978

Subject : Direct Taxation

Acts : Income Tax Act, 1961 -Section 269C, 269C(1), 269C(2) and 269D; ;Constitution of India - Articles 19(1), 19(5), 31, 31C and 37; ;Wealth Tax Act

Reported in : [1980]122ITR72(Cal)

7th June, 1972, to sell the entire land holdings, being approximately 28 bighas at 27, Malipanchghara Street, Bally, Howrah, and in pursuance of such advertisement, although there were offers by various intending purchasers, none of those offers … Shri Pranlal Trivedi for a total consideration of Rs. 1,20,000, without any improvement to the same, since their purchase. 13. The respondents have stated that … Private Limited (hereinafter referred to as the 'said company'), is a company registered and incorporated under the Companies Act, 1956, and the petitioner No. 2, Sri Satya Narayan Mundhra, is a director and shareholder of the same. The … twenty-five thousand rupees has been transferred by a person (hereafter in this Chapter referred to as the transferor) to another person (hereafter in this Chapterreferred … the said company at a sum of Rs. 60,000 and in fact such transfer between those transferees

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Feb 05 2002

Mehta Suraya and I.P.M. Industries Limited and ors. Vs. United Investm ...

Court : Kolkata

Decided on : Feb-05-2002

Subject : PropertyCivil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 122, 129, 151, 152, 153 and 153A - Order 2, Rule 2 - Order 6, Rule 17 - Order 20, Rule 3 - Order 41, Rules 10 and 11; ;Transfer of Property Act - Sections 108, 111 and 115; ;West Bengal Premises Tenancy Act - Sections 13(2), 13(5) and 16; ;Original Side Rule - Rule 7

Reported in : AIR2002Cal108,(2002)2CALLT272(HC)

by the decree, since, as sub-tenant, it has an independent right. He relied on Beni Madhau Mehrotra v. Howrah Flour Mills : AIR1985Cal172 ; Tirath Ram Gupta v. Gum Bachan Stngh : [1987]2SCR190 . The lease can … Sarkar : AIR1957Cal252 . He contends that the executing Court cannot go behind the decree, relying on Urban Improvement Trust, Jodhpur v. Golcul Narain : AIR1996SC1819 . In a fresh suit not in the execution, the question … , reference was made to Smith v. East Elloe Rural District Council 1956 A C 736 of the House of Lords, where it was held … 41 Rule 11 CPC or Original Side Rules chapter 31 Rule 8. Therefore, Section 153A CPC is … Court, In certain cases.22. Section 153 : Order 6 Rule 17 CPC :In the present case, the … . The lease can be determined only under Section 111 of T.P. Act. Notice to quit can be issued under Section 106 of the said

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Apr 12 2006

Md. YeasIn and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : Apr-12-2006

Subject : Civil

Acts : Prevention of Food Adulteration Act, 1954 - Section 20(1); ;Wild Life Protection Act - Section 55; ;Punjab Improvement Trust Act - Section 60; ;West Bengal Co-operative Societies Act, 1973 - Sections 86, 87(4) and 87(5); ;West Bengal Distribution System (Maintenance and Control) Order, 2003; ;West Bengal Kerosene Control Order, 1968; ;Companies Act, 1956 - Section 108; ;Constitution of India - Article 32

Reported in : 2006(3)CHN655

by a Division Bench of Calcutta High Court in the case of Bhagirathi Co-operative Joint Firming Society v. Howrah Zilla Parishad reported in 87 CWN 981. In that case the provisions of Sub-sections (4) and (5) of … judgment cited on this aspect was delivered in the case of Karnal Improvement Trust v. Parkash Wanti reported in : (1995)5SCC159 . That was a … reported in : [1977]2SCR190 , it has been held that the provision contained in Section 108 of Companies Act, 1956 is mandatory in view of the use of negative words containing the prohibition against the transfer of shares … not invalidate the proceedings to which it relates. 28. Maxwell (12th Edition, Chapter 13) has thrown light on this question on a very vital angle … law on the subject in paragraph 35, page 682 of the report, held that a person can

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Dec 16 2010

Gloster Jute Mills Limited Vs. Hooghly Mills Company Limited

Court : Kolkata

Decided on : Dec-16-2010

Subject : Arbitration

arbitrator to be appointed by the court. 2. The agreement was concerned with a Jute mill in Bowreah, Howrah, known as the North Mill. The respondent argues that this mill never vested in the petitioner, as claimed … the operations of each unit of the company would result in substantial improvement of the result of their operations. 14. I have taken note of … Gloster Industries Ltd. and the petitioner prepared a scheme of de merger under Section 391 of the Companies Act, 1956. Under it certain properties of Fort Gloster Industries Ltd. were to be divested from it and to vest … dated 14th December, 1984 the Government of West Bengal exercising powers under Chapter III of the Urban Land (Ceiling and Regulation) Act, 1976 exempted 11,62,329.77 … sell this mill to the respondent for Rs.2,00,00,000/-. 6. Thereafter, it would be known as Bauria Jute

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Mar 24 1970

Pijush Kanti Ghosh Vs. Sm. Maya Rani Chatterjee and ors.

Court : Kolkata

Decided on : Mar-24-1970

Subject : Motor Vehicles

Acts : Motor Vehicles Act, 1939 - Section 110, 110A, 110A(3), 110B, 110C and 110D; ;Limitation Act - Section 5; ;Constitution of India - Article 245; ;Code of Civil Procedure (CPC)

Reported in : AIR1971Cal229

award made in Motor Accident Claim Case No. 17 of 1964 by the Motor Accident Claims Tribunal at Howrah which is also the Tribunal for Calcutta and 24-Parganas. The claim was preferred by Maya Rani Chatterjee and … 1939 (Act IV of 1939) by later amendments by Act 100 of 1956. We will briefly give our reasons for that view we take. 14. … Vehicles Act of 1939, as originally enacted in Chapter VIII Insurance of Motor Vehicles against third party … she was ill for about six months. Only after she recovered from that illness and her mental condition improved, in February, 1964 Maya Rani's uncle, P.W. 8 Birendra Kumar Ghatak informed Maya Rani that Gopal had died … special law of limitation under Section 110-A (3) of the Motor Vehicles Act. 8. In the objection filed by Pijush Kanti Ghosh it was denied … mother Maya Rani Chatteriee. It was filed on 6th February, 1964 claiming compensation for the death of

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