Court : Kolkata
Reported in : AIR1970Cal15,73CWN676
..... , but it could not be said that because owners of land were to be deprived of all the increments due to spiralling of prices, it must be held that there was a violation of article 31(2). it was further held that the amending act did not derogate from the principle that the valuation on the date of issue of notification afforded the criterion for determining compensation of the land to be acquired, but it kept the notification ..... computing compensation could be challenged under certain circumstances mentioned therein and that was still good law so far as this court is concerned, and applying those principles the provisions in the act relating to payment of compensation and also those in the schedule to the act whereby compensation was to be computed as on the basis of the value on october 22, 1965, must be held to be bad as therewas no relation between the valuation of the properties and the date fixed ..... the other material change made by the amendment was that it was provided by clause ii of section 3 of the amending act that no declaration in respect of any particular land covered by a notification under section 4(1) published after the commencement of the said ordinance shall be made after the expiry of three years from the date of such ..... relying upon this definition of the word 'exploit' the attorney-general submitted that exploitation does not mean merely extraction of the ore, but includes turning of the ore to industrial account, and for this purpose the smelter .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)2CALLT215(HC)
..... in course of time people started becoming addicted to such betting and gambling and therefore, an illegality otherwise was sought to be saved to the extent the same was connected with horse racing, by the indian contract act of 1872 (2nd paragraph of section 30 of the act).d) it may be made clear that even though betting and gambling on horse race has been saved by the aforesaid legislation it neither cured nor can be read as having the effect of curing betting and ..... it has been submitted that the enactment in the west bengal gambling and prize competitions act, 1957, to the extent the exception part of the definition gaming or gambling is concerned read with sections 2a, 2b, 2c and 2d are ultra vires articles 14 and 21 and the directive principles and fundamental duties contained in the constitution of india and particularly articles 38(1), 39(1) and 51a (f) (h) (g) are concerned. ..... balance to the social evil which originated from such betting and gambling and to channalise the income out of such betting and gambling to public welfare activities such as improving the living condition of the poorer section of the people, providing them with basic education and medical aid as also such other activities such as setting up of orphanage and old age home which this court may deem fit and necessary for ..... betting is anti-social and opposed to the moral qualities essential to the nation. .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(3)CHN640
..... the said housing scheme is 'bengal peerless housing project' which will be implemented by the government at public expense and for a public purpose in terms of the notifications issued under sections 4 and 6 of the said act 1 of 1894.it is true that in the notifications issued under section 9 of the said act government has specifically identified the housing scheme as bengal peerless housing project but it has never been mentioned in the said notification that the land in question will ..... the high court has gone on to state that as the words 'or at the expense of a local body or corporation or company as the case may be' were not scored off from the notification under section 6 of the act, the language of the notification supported its finding that the acquisition was for a company, and not for a public purpose. ..... bengal housing board is absolutely valid and legal in the eye of law, and the said joint sector company has been incorporated in public interest and for a public purpose.referring to the notifications issued under sections 4, 6 and 9 of the act 1 of 1894, learned standing counsel submits that the land mentioned in those notifications is needed by the government for a public purpose i.e. ..... with regard to the payments, the learned advocate general has pointed out that before issuance of the notification under section 6 of the act, the land acquisition collector issued a letter to the housing department of the government of west bengal on 13.11.2001 for placement of rs. .....
Tag this Judgment!Court : Kolkata
Reported in : (2007)3CALLT522(HC),2007(3)CHN508
..... bhattacharjee, the learned advocate appearing on behalf of the state-respondent has on the other hand supported the order passed by the learned single judge and has contended that sections 32,49 and 92 to 94 of the act specifically empower the state government and the registrar to exercise the power of superintendence over the activities of a co-operative society and if it appears to the state government or the registration that any co- ..... that such a question is definitely a dispute within the meaning of section 95 of the act and was referable before the registrar ..... that it was the duty of the writ petitioner to raise dispute in terms of section 95 of the west bengal co-operative societies act before the registrar and in such a case, the registrar could refer the matter ..... however, after considering the provisions contained in sections 32, 49 and 92 to 94 of the act, we find that both the state government and the registrar of co-operative societies have been vested with the overall power of supervision over the affairs and working of a co-operative society under the act and if it appears to the state government or the registrar that any of the co-operative societies registered under the act had contravened any of the mandatory statutory provisions, ..... in violation of mandatory statutory rules, they have every right to pass necessary order for refund of such money notwithstanding the fact that the erstwhile member had not referred any dispute in terms of section 95 of the act. mr. .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN442
..... considering such an application, the court will only consider whether such application is filed within a reasonable time and in the process, the period prescribed in the limitation act for filing a similar application under the provision of the code of civil procedure may be treated as guideline for deciding whether such application has been filed within ..... furthermore rules 48 and 53 of the writ rules must be read in the light of section 4(1) of the code of civil procedure which protects powers under letters patent, section 108 of government of india act, 1915, section 223 of government of india act, 1935 and article 225 of the constitution of india, thus read, we have no doubt in our mind that order 47 rule 5 ipso facto cannot be made applicable ..... similarly, the decisions showing insufficiency of the cause in an application under section 5 of the limitation act will have no bearing on the facts of the present case in view of the decisions relied upon by us indicating that section 5 of the limitation act will have no application to the facts of the present case and that there is no ..... therefore, once we hold that section 114 or order 47 rule 1 of the code of civil procedure in terms does not apply to an application for review in the writ jurisdiction, the nomenclature of the application loses its importance and at the same time, the provision contained in limitation act for filing an application for review will not be applicable as held by ..... section 41(b) of the specific relief act .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)1CALLT251(HC)
..... it has been further held that the agreement must be an independent and conclusive one to bring the dispute case under the provisions of section 86 of the west bengal co-operative societies act, 1973 learned tribunal took the view that the said agreement has quite a bearing with the other two agreements dated 7.8.76 and as such such agreement dated 22.08.1979 is not enforceable. ..... dey that the dispute though for a specific performance of contract is well within the scope of affairs or business or transaction of the housing co-operative society within the provisions of section 86 of the act of 1973 and learned tribunal ought to have held the dispute case maintainable.17. mr. ..... further held 'where a trial court in a civil suit refused to grant temporary injunction and an appeal against refusal to grant injunction has been rejected, and a state enactment has barred the remedy of filing revision under section 115 cpc, in such a situation a writ petition under article 227 would lie....'37. ..... now if the plaintiffs' such claim is thrown aside as barred by limitation for no fault on their part, it will definitely be a violation of natural justice. ..... the defendant has also raised contention that after 1982 the plaintiff is not a thika tenant under the defendant but the superior right of landlord has been vested with the state. ..... 93,527/- for development of the land as per contract with the housing society during 1979-1982.6. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1990Cal380,(1991)2CALLT17(HC),94CWN515
..... referred to the registrar, the period from the date when the suit was filed to the date of this judgment of ours, should be excluded by the registrar in computing the period prescribed under section 95(2) of the co-operative societies act, 1983. 24. we accordingly make the solute, set aside the impugned order of the court below holding the suit to be main-tainable and dismissing the application for rejected of the plaint and ..... in deccan merchants co-operative bank : [1969]1scr887 (supra), to the effect that 'it was not the intention of the legislature to deprive a tenant in a building owned by a co-operative society of the benefits given by the various provision pf rent act' must be read subject to this rider that if the business or affair's of the co-operative society is to let out premises to its members, as in the case of a co-operative housing society, any dispute relating to such tenancy including recovery ..... the definition as ..... bhat-nagar air 1982 sc 1097(supra) the supreme court has gone much further and has ruled (at 1104, paragraph 19) that if the society is a tenant-co-partnership type housing society formed with the object of providing residential ..... bhatnagar (supra) air 1982 sc 1097, deccan merchants cooperative bank : [1969]1scr887 (supra) was exaplained on the footing that the society in that case was a co-operative bank and ordinarily a co-operative bank cannot be said to be engaged in business when ..... bhajnagar, air 1982 sc 1097, in all of which the analogous .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1991Cal299,(1991)1CALLT223(HC),1991(1)CHN183
..... act and section 13(6) of the west bengal premises tenancy act expiring on the last date of december, 1976 but the defendant did not comply with the notice. ..... this appeal is directed against the judgment and decree dated may 25, 1982 passed by the learned subordinate judge, 3rd court, howrah in title appeal no. ..... the defendant's tenancy was determined by service of a combined notice under section 106 of the t. p. ..... 13(1)(ff) of the west bengal premises tenancy act does not mean absolute owner. ..... 13(1)(ff) of the west bengal premises tenancy act and as such he has not considered the question whether the plaintiff reasonably requires thesuit premises for his own occupation and whether he is in possession of reasonably suitable accommodation and allowed the appeal setting aside ..... 13(1) of the west bengal premises tenancy act.15. ..... 13(1)(ff) of the west bengal premises tenancy act. ..... 13(1)(ff) of the act. mr. ..... 13(1)(ff) of the west bengal premises tenancy act. mr. ..... 17(4) of the west bengal premises tenancy act. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1996)59ITD145(Kol.)
..... deposit is very much in order inasmuch as the assessee has been allotted the flat during the relevant accounting year which is the basic condition to be fulfilled.however, for the purpose of exemption under section 4(7) of the act, he contended that the pre-condition in that property should be owned by the assessee and in the present case the possession of the flat having been given only on 2-5-1991, i.e. ..... aggrieved against the said action of the assessing officer, the assessee has preferred an appeal before the cit (appeals) wherein it was contended that the provisions of section 4(7) of the wealth-tax act, 1957 were not applicable to the facts of the case as the assessee cannot be treated as the owner of the flat inasmuch as no possession of the said flat was taken as on ..... therefore, of the opinion that in all those cases where the assessee is entitled to exemption under section 5(1)(xxx) of the act, the provisions of section 4(7) would automatically come into play and the assessee would be considered as deemed owner of the said ..... learned counsel for the assessee contended that the exemption granted under section 5(1)(xxx) of the act under he head 'movable property' to the extent of the deposit is very much in order inasmuch as the assessee has been allotted the flat during the relevant accounting year which is the basic condition to be fulfilled.however, for the purpose of exemption under section 4(7) of the act, he contended that the pre-condition in that property should be .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1975Cal235,(1975)1CompLJ122(Cal)
..... the licence granted to the petitioners under section 6 of the central act cannot be declared to have lapsed and to be invalid unless an application is made for a fresh licence within the time specified under sub-section (1) of section 6-a of the said act as introduced by section 3 of the said ordinance. ..... it is contended by the learned counsel for the petitioners that the state of west bengal has got no legislative competence for insertion of new section 6-a in the act 21 of 1958 as the said act was passed by parliament under entry no. ..... it is stated by the petitioners that the act 21 of 1958 was enacted to regulate the rice milling industry in the interest of the general public and it was declared under section 2 of the said act that it was expedient in the public interest that the union should take under its control the rice milling industry. ..... the licence granted to the petitioners under section 6 of the said act would be revoked or suspended or amended only in accordance with the provision of section 7 of the said act and by the appropriate authority specified under the said act. ..... sub-section (5) of section 6-a of the impugned act provides that licence granted to an owner of a husking mill before coming into force of the rice milting industry (re-gulation) (west bengal second amendment) ordinance, 1974, shall lapse--(i) if the owner does not apply for a fresh licence within the time specified under sub-section (1). .....
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