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Jun 29 2011

The State of West Bengal. Vs. H.V.Low and Company Private Limited.

Court : Kolkata

Decided on : Jun-29-2011

Subject : Criminal

Acts : Defence of India Act, 1939 - Section 19; Defence of India Rules. - Rule 75A; West Bengal Premises Tenancy Act, 1956 - Section 8(1)(d); land Acquisition Act, 1894 - Section 28A; Land Acquisition Act, 1894 - Section 23(1)

portion of plot Nos. 813, 887 and 840 of Mouza Jogacha, J.L. No. 6, Police Station Jagacha, District Howrah as well as C.S. plot Nos. 914, 915, 916, 917, 918 and 919 of Mouza Santragachi, J.L. No. … government for running of the Government of India Press without effecting much improvement. The land acquired is developed with facility of railway siding too. 30. … on three sides. 21. Therefore, the principles laid down under Section 8(1)(d) of the West Bengal Premises Tenancy Act, 1956, can be treated as guideline for determination of rent payable by the government to the claimants for the … schedule cannot but be said to have been admitted by the government. 41. Admittedly, for the purpose of starting cotton mill the claimant constructed chimney

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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 … about May 13, 1977, M. L. Mittal had made an application under Sections 397 and 398 of the Companies Act, 1956, being Company Petition No. … read with Section 402 of the said Act.' 41. The Supreme Court in the case of Cosmosteels … 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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Jul 08 1987

Lakshmimoni Das and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : Jul-08-1987

Subject : Tenancy

Acts : Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981 - Sections 5, 6(2), 8(2), 8(3), 19 and 27; ;Calcutta Thika Tenancy Act, 1949; ;Constitution of India - Articles 14, 25, 26, 31C and 39; ;Calcutta Thika Tenancy (Acquisition and Regulation) Rules, 1982 - Rules 3, 5 and 5(1)

Reported in : AIR1987Cal326,(1987)1CALLT371(HC),92CWN72

of the Constitution has been totally ignored in the 1981 Act. The owners of land in Calcutta and Howrah comprising thika tenancy have been affected by the impugned Act and the impugned Act has created further inequalities … as may be prescribed and without submitting a comprehensive development plan or improvement scheme for the holding construct pucca structure. Any such scheme shall provide … improved status to bharatia. Even before the impugned Act, the bharatia was governed by West Bengal Premises Tenancy Act, 1956 and no better protection has been given to the said bharatia under the impugned Act. Mr. Pal has … Company v. State of Nebraska reported in (1896) 41 Law Ed 489 Mr. Pal has referred to … scope, ambit and effect of the provision of vesting as contained in Section 5 of the impugned Act? (b) Whether the impugned Act is ultra

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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)

than Howrah and Calcutta in the State of West Bengal. It also creates a `Mayor-in-Council' system and under section 41 of the Act, the executive power of the corporation vests in the Mayor-in-Council. The Deputy Mayor and members … 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

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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

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Dec 20 1996

Jindal (India) Limited Vs. Deputy Commissioner, Commercial

Court : Sales Tax Tribunal STT West Bengal

Decided on : Dec-20-1996

Subject : Land Acquisition

up an industrial unit at Jangalpur, P.O. Andul in the district of Howrah in September, 1993 as an extension of its existing industrial unit at … but are treated as same goods for the limited purpose of Section 15(a) of the Central Sales Tax Act, 1956 (in short, "the 1956 Act"). It was also contended that according to the ratio of that judgment, the … of the West Bengal Incentive Scheme, 1993, Section 10G of the Bengal Finance (Sales Tax) Act, 1941 and Section 41 of the West Bengal Sales Tax Act, 1994 so as to produce a different commercial commodity.2. The case … rolls for the purpose of reducing thickness, producing a smooth surface and improving mechanical properties. Hot rolled coils/strips and sheets are required to undergo pickling,

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Jul 16 1976

K.P. JaIn Vs. S.K. Gupta and ors.

Court : Delhi

Decided on : Jul-16-1976

Subject : Company

Acts : Companies Act, 1956 - Sections 41, 153, 392(1) and 483

Reported in : [1978]48CompCas774(Delhi); ILR1976Delhi291

In both the appeals the parties are left to bear their own costs. (i) Companies Act (1956) - Section 41 -- 'Member' -- who is not -- test of membership -- transferee of a share is not a … relates back to the time when the transfer was first made (see Howrah Trading Co. v. I. T. Commissioner, : [1959]36ITR215(SC) ) . But .In … minor change in the substance of the thing without reference to its improvement or deterioration thereby, while the latter word imports an amelioration of the … both dated April 26, 1976, mainly turn upon the meaning and interpretation of two sections of the Companies Act, 1956 -sections 391 and 392. The facts (2) First the facts. Delhi Flour Mills Company Limited (DPM) was the

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Mar 04 1966

Bijoy Kr. Sadhukhan Vs. Income-tax Officer Non Companies

Court : Kolkata

Decided on : Mar-04-1966

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Section 34(1)

Reported in : AIR1966Cal597

blank Return Forms, on the plea of having to file Revised Returns before the Respondent No. 2--Income-tax Officer, Howrah, might have filled in the said Return Forms and filed them up before the Respondent No. 2--Income-tax Officer, … while fixing the period allowed for payment and also the rate of instalment. Other measures envisaged relate to improvement of the administrative organization of the department and rationalisation and simplification of the existing procedure with a view … He obtained six Rules being Civil Rule Nos. 1842 to 1847 of 1956. Those Rules were made absolute by J.P. Mitter, J. on March 3, … to income-tax by the respondent No. 2 Income-tax Officer, under the Income-tax Act, 1922, on the basis of returns filed by him. The demands made … not appear that demands for these taxes, under Section 29 of the Income-tax Act, 1922, had been … stated below:1938-39...Rs. 22,649.94 nP.1939-40...Rs. 28,528.56 nP.1940-41...Rs. 31,091.12 nP.1941-42...Rs. 41,995.56 nP.1942-43...Rs. 44,013.84 nP.1943-44...Rs. 51,937.37 nP.Total...Rs. 2,20,236.49 nP.It does

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Oct 05 1956

Anand Kumar Bindal Vs. Employees' State Insurance Corporation and Ors. ...

Court : Allahabad

Decided on : Oct-05-1956

Subject : Constitution

Acts : Constitution of India - Articles 14, 31, 31(1), 31(2), 31(5), 39, 41, 42, 226 and 366(28); Employees' State Insurance Act, 1948 - Sections 1(3) and 46

Reported in : AIR1957All136

been applied to seven industrial towns in the Punjab, to Nagpur, the greater Bombay, Coimbatore, Hyderabad, Calcutta City, Howrah district, and to four towns in Madhya Bharat and to seven industrial areas in Andhra and Madras. During … of expenses, in repayment of advances to the Board, in effecting insurance and in working directed to the improvement of the quality of a commodity. The members of the Court, although they differed on the question whether … industrial areas in India, but it was only on the 15th January, 1956, that they were brought into force in Saharanpur, Lucknow and Agra. At … directive principles declared in Articles 39, Clause (e). 41 and 42 of the Constitution it is clearly … payable by an employer under Chap. VA of the Employees' State Insurance Act in respect of a period extending from 1st April 1953 to 31st … revenue, and he is threatened with prosecution under Section 85 of the Act. The petitioner contends that

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Jul 17 2012

Union of India Vs. Ibrahim UddIn and anr.

Court : Supreme Court of India

Decided on : Jul-17-2012

Subject : Civil

Acts : Code of Civil Procedure(CPC) 1908 - Order 41 Rule 27, Order 7 Rule 17, Section 100; Indian Evidence Act, 1872 - Section 114(g), 58, 17 to 31, 68, 65, 74, 90; Specific Relief Act, 1963 - Section 34 ; Cantonment Act, 1924 - Section 43A

Anr. v. Sunil Kumar Singh Negi, AIR 2008 SC 2026; The Secretary & Curator, Victoria Memorial Hall v. Howrah Ganatantrik Nagrik Samity & Ors., AIR 2010 SC 1285; and Sant Lal Gupta & Ors. v. Modern Cooperative … Modern Cooperative Group Housing Society Limited & Ors., (2010) 13 SCC 336).34. In The Land Acquisition Officer, City Improvement Trust Board, Bangalore v. H. Narayanaiah etc. etc., AIR 1976 SC 2403, while dealing with the issue, a … 529.)21. In Nagubai Ammal & Ors. v. B.Shama Rao & Ors., AIR 1956 SC 593, this Court held that admission made by a party is … JJ.] Code of Civil Procedure(CPC) 1908 - Order 41 Rule 27, Order 7 Rule 17, Section 100 … in an unauthorised manner on 22.2.1993 and afterwards, thus the cause of action arose to approach the court.B. The defendant no.1/appellant filed the written statement … against it in view of the provisions of Section 114 clause(g) of the Indian Evidence Act, 1872

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