Court : Kolkata
Reported in : [1994]207ITR772(Cal)
..... this case instead of a transfer by way of acquisition of shares by lipton, the transfer is made by assignment.16. the legislature has taken ample care to see that any arrangement of whatever nature was covered by ..... in future. this is clear from the use of the phrase 'accruing or arising from'. the definition also had cited by way of example a transfer by the acquisition of shares in a company. it is to be noted that by acquiring shares of a company, the transferee would get the undertaking of the company itself. in ..... a property. the supreme court considered the affidavtit of one h.k. sarangi, under secretary, central board of direct taxes, department of revenue, from which it appeared that certain guidelines had been laid down for considering whether a property may be purchased by the central government or not. one of the guidelines was properties with 'too many restrictions .....
Tag this Judgment!Court : Kolkata
Reported in : (1994)2CALLT67(HC)
..... of the expression 'intermediary' by including therein lessee or sub-leasee in relation to mines and minerals, a fresh notification under section 4 of the west bengal estates acquisition act would be necessary for vesting the interest of such lessee or sub-lessee of mines and minerals, sub-section (2) was inserted in section 5 declaring that ..... provisions of the west bengal non-agricultural tenancy act, 1949, as are repugnant to the provisions of the amending act shall cease to have effect in the district or area. instead of providing for repeal of the entire west bengal non-agricultural tenancy act, the sub-section (1) of section 63 of the amending act, gives the ..... lessee shall be deemed to have vested in the state with effect from the date of vesting mentioned in the notification under section 4 in respect of such: notified area. it was further observed that the application of sub-section (2) of section 5 was limited only to intermediaries being lessee or sub-lessee of mines and minerals .....
Tag this Judgment!Court : Kolkata
Reported in : (1896)ILR23Cal821
..... the code clearly contemplates a separate suit in respect of each distinct cause of action, the rule, however, being subject to certain modifications, as set out in the following sections 44, 45, 46 and 47. section 44 deals with certain causes of action which may not be joined in the same suit.8. section 45 says:subject to the rules contained in .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(1)CHN59
..... )(xiii) of the act. laying down pollution control specification for general vehicles and regulating grant of permits by requiring permit holders/ applicants to adopt certain anti-pollutant measures form different rule making zones, which do not clash. in pith and substance, i find the conditions contained in the notification a ..... the obligation of the authorities to have the vehicle tested, or direct the vehicle to be tested in a specified testing centre within the kolkata metropolitan area (where the impugned notification is in operation) for proving otherwise, through a technically acknowledged system. for both these purposes, the state government may consider ..... centre the concerned authority shall accept such certificate. if the authority does not accept such certificate, they should specify a testing centre within kolkata metropolitan area from where fresh testing shall be conducted within a period of three weeks from the date of such rejection. this writ petition is disposed of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1976Cal436,80CWN643
..... 'rights in or over lands' are merely by way of illustration. if the state wants to enforce a measure of acquiring lands of people who hold areas over a certain limit so as to be able to distribute the same among the landless and other persons, to give effect to the directive principles in article 39(b) ..... . in this connection reference may also be made to item no. 42 in list iii -- concurrent list in the seventh schedule to the constitution which provides for acquisition and requisition of a property. the state, therefore, is free to legislate on these subjects also. the argument based on the basic feature of national unity and integrity ..... received his assent. .........' 12. the difference between the first amendment and the fourth amendment is that in the first amendment article 31-a protected laws relating to acquisition of estates only. in the fourth amendment laws relating to five other matters have also been given protection. article 31-b remained intact.13. lastly, we come to .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1958Cal96,62CWN14
..... who holds an interest in the land somewhere between a raiyat and the overlord of the state this however was not all. chapter vi of the act' dealt with acquisition of certain khas lands and rent receiving interests. this chapter vi has undergone three substantial amendments. in fact, it is under the provisions of this chapter that the interests of ..... the picture and it was found necessary to put the interests of all tenants on the same footing as other true intermediaries and they were also to hold a limited area of land etc., which was allowed to all intermediaries under section 6 of the act. there was no intention of leaving anything else outstanding, remaining vested in the ..... take over lands of the raiyats and under-raiyats as well, and to put them in the same position as true intermediaries, leaving them only to enjoy a specified area of land and nothing more. it is somewhat difficult to accept the arguments advanced on behalf of the raiyats, in view of the express terms of article 31a. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1977Cal251,(1976)2CompLJ539(Cal),81CWN113
..... and 52. sections 50 and 51 being omitted with retrospective effect. section 49 and section 52 were substituted with retrospective effect for the original section by west bengal estates acquisition (amendment) act (west bengal act xxxv of 1955) and received the president's assent on november 25, 1955. the relevant provisions are as follows :--'49. the ..... known, is inter alia to eliminate the interests of all zamindars and intermediaries and also to permit the intermediaries to retain possession of their khas land upto certain limits and to treat them as tenants holding directly under the state. it was also the intention of the legislation to make the actual cultivators tenants directly under ..... ) the date mentioned in every such notification shall be the commencement of an agricultural year and the notifications shall be issued so as to ensure that the whole area to which this act extends, vests in the state on or before the 1st day of baisakh of the bengali year 1362' (april 15, 1955).5. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal646,66CWN304
..... a sublessee of mining rights, or at least the interest of a sub-lessee, which is sought to be acquired, is a mere right to receive a certain sum of money. the acquisition of such a right is not a 'public purpose' and would thus violate the provisions of article 31(2) of the constitution. 2. the provisions of ..... and other proprietary estates and tenures in the three states aforesaid so as to eliminate the intermediaries by means of compulsory acquisition of their rights and interests, and to bring the raiyots and other occupants of lands in those areas into direct relation with the government'.15. in visweshwar rao v. state of madhya pradesh, mahajan, j., says as ..... or 'tenure' has not been defined, but under sub-section (p) of section 3, expressions used in the act and not otherwise defined, would have, in relation to areas where the bengal tenancy act, 1885 applied, the same meaning as in that act. that the interest of the maharaja of burdwan, which was a zamindary interest, came within the .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)4CALLT113(HC)
..... has expired or has been duly determined by notice to quit or has become liable to forfeiture for non-payment of rent or against persons claiming under such tenant.5. certain dates are relevant to assess the first defendant's objection as to the maintainability of the application. on december 12, 2005 the first defendant entered appearance in the suit. on ..... made in the lessor's favour which was carried in appeal. the law under section 3 of the 1956 act in the matter of the applicability of such act to certain leases was summarised at paragraph 24 of the report:24. the 1956 act thus applied:(a) to all leases for less than 15 years;(b) to leases for 15 ..... /- per month freshly entered into by a meeting of minds between the landlord and the tenant at that period of time being thoroughly absurd, having regard to the location and area of the flat in question (not to mention the garage and the servants' quarters) we rule out any defence to the claim for the landlord's delivery of possession as .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1997Cal55
..... bengal medical council informing him that a complaint had been received from the secretary, association of health services of doctors (w.b.), cooch behar branch, that he had been using certain qualifications which he did not possess, on his letterhead. according to the petitioner, he immediately provided the council with all the information asked for in connection with his medical qualifications ..... on the same date to function as chapter co-ordinator for its various courses in west bengal. the medical qualifications in question were awarded to the petitioner such thereafter, after certain concession were allegedly made for him.35. it would not be proper for this court, sitting in writ jurisdiction, to probe into the petitioner's connection with the above-mentioned .....
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