Court : Kolkata
..... the process of arrival of the liability of the assessee to pay tax under chapter xixa of the act of 1961 being different to that of a regular assessment, the settlement commission should factor the same while considering an application for settlement. ..... (supra) has noted the difference between assessment in law which is a regular assessment or assessment under section 143(1) and the assessment by settlement under chapter xixa of the act of 1961. ..... it has held that, an order under section 245(d) is not an order of regular assessment. ..... it has noted that, the four companies are companies incorporated under the companies act, 1956 and that, they are subject to assessment as separate assessees. ..... 2011 volume 1 supreme court cases page 1 (brijlal & ors.v.commissioner of income tax, jalandhar) learned additional solicitor general has submitted that, since the settlement commission has deviated from the procedure and has acted as an assessing officer, the impugned order stands vitiated. ..... it has also noted that, the four companies did not resort to settlement under chapter xixa of the act of 1961. .....
Tag this Judgment!Court : Kolkata
..... learned counsel submits that the submission which has been made on behalf of the defendant no.4 that section 78(a) of the trust act specifically mentions that when all the beneficiaries come forward for dissolution of the trust only then the trust can be ..... is quoted below : your petitioner thus submits that the issue whether the suit filed is maintainable at the instance of the plaintiff in view of the bar created under section 78 of the trust act be decided as a preliminary issue under the provision of order 14, rule 2 of code of civil procedure. . ..... of evidence it is not possible for the court to come to a definite conclusion that there are beneficiaries other than the plaintiff and the proforma-defendant. ..... the bars under the provisions of order xiv, rule 2, order vii, rule 11, section 11, order ix and order ix, rule 9 look alike but still are distinct from ..... learned counsel further submits that section 78 does not at all operate as a bar for proceeding with the suit but it makes certain contingencies which according to him, if taken into consideration, is sufficient to demolish the argument advanced by the defendant no.4, because in order to arrive at a correct interpretation of section 78 of the indian trust act, 1882, as to who are the beneficiaries of the trust is of ..... it is the definite contention of the defendant no.4 that the plaintiff and the proforma-defendant are not the only beneficiaries under the deed of trust and, therefore, merely on their consent the trust cannot .....
Tag this Judgment!Court : Kolkata
..... there are reasonable grounds for doing so; now, therefore, in exercise of the power conferred by clause (a) of sub-section (1) of section 9 of the indian stamp act, 1899 (2 of 1899 and sub-section (2) of section 78 of the registration act, 1908 (16 of 1908).the governor is pleased hereby to remit the stamp duty and registration fees chargeable under the above mentioned acts, on the amount of difference, if any, between the cost of construction of the property of a co-operative housing ..... in any other law for the time being in force, such heritable and transferable immovable property shall not be partitioned or subdivided for the purpose whatsoever : provided further that notwithstanding anything contained elsewhere in this act or in any other law for the time being in force, an heir who is a nominee in respect of a share and interest in a flat or house or plot in a co-operative housing society shall be ..... house or apartment, as the case may be, with such title or interest as may be granted under the prescribed conditions, and, subject to the provisions of sub-section (1) of section 61 an instrument of transfer in accordance with the provisions of transfer of property act, 1882 (4 of 1882) and the registration act, 1908 (16 of 1908).shall be the conclusive evidence of such title or interest in favour of such member. ..... section 5 of the transfer of property act ..... section 76 and section 92 of the west bengal co-operative societies act ..... section 92 of the west bengal co-operative societies act .....
Tag this Judgment!Court : Kolkata
..... if there is any semblance of defence that is put up by the company, the creditor s petition will fail; but that will not affect any previous or subsequent petition under section 19 of the act of 1993 in respect of the same claim filed before a debts recovery tribunal. ..... that a bank or financial institution has launched proceedings under section 19 of the recovery of debts due to banks and financial institutions act, 1993 is not, by itself, a bar to such bank or financial institution filing a creditor s winding-up petition before the company court on the same debt. ..... notwithstanding sections 17 and 18 of the said act of 1993, the relevant bank or financial institution is not precluded from approaching a company court with a creditor s winding-up petition, since the prayer before the company court is always for winding up the company and not ..... as to what would amount to the inability of a company to pay its debts is made out in section 434 of such act. ..... sections 433 and 434 of the companies act, 1956 instruct that a company may be wound up upon it being unable to pay its debts. .....
Tag this Judgment!Court : Kolkata
..... the learned senior counsel referring to section 2(d) of the said act submitted that the definition of design makes it clear that in order to claim novelty or originality, the finished article should be appealing to the eye and are judged solely ..... the registration of the same and/or the similar design in india, however, would have been considered as a deemed publication in view of section 7 of the designs act, 2000 which presumption, however, would not apply in respect of the foreign publication when the fact remains that the respondent is unable to produce that apart from the drawings, there is no publication in tangible ..... not meet the definition of "design" under section 2(b). ..... online bom 1171, paragraphs 14 to17 has been relied upon for interpretation of section 4(c) of the designs act, 2000 which deals with combination of known designs . ..... the aforesaid argument has been elaborated by referring to section 4(c) of the designs act,2000, which prohibits registration of a design if it is not significantly distinguishable from known design or ..... :- this is an appeal under section 36 of the designs act, 2000 from a decision of the deputy controller of patents and designs on 14th june, 2016 in respect of an application filed by the appellant under section 19 of the designs act, 2000 for cancellation of the ..... kept passively in the records of the controller but the controller is required to, as indicated by rule 22 read with section 7 of the said act, publish the same in the official gazette. .....
Tag this Judgment!Court : Kolkata
..... that the defence of the appellant towards claim of alleged fair rent for the purpose of justifying their case of applicability of the west bengal premises tenancy act, and, not the transfer of property act, was not pursued to discharge the onus under section 104 of the evidence act, rather it was left simply as half hearted, and, even no ground has been taken to that effect by the appellant in the memorandum of ..... so we hold that such a notice to quit either under section 6 of the west bengal premises act, 1997 or under section 106 of the transfer of property act, does not require to contend all description in details in ..... such quantum of monthly rent for the non-residential suit premises exemption clause under section 3(f)(i) of the act, 1997 is applicable in the case in hand to determine the tenancy accordingly under section 106 of the transfer of property act and not under section 6 of the west bengal premises act, 1997.17. ..... quantum of monthly rent the exemption under section 3 of the west bengal premises tenancy act, 1997 comes into play to settle about applicability of notice of eviction to be served under section 106 of the transfer of property act for terminating tenancy of appellant instead of service of notice under section 6 of the west bengal premises tenancy act, 1997. ..... so there being no infirmity in the matter of service of notice under section 106 of the transfer of property act upon the appellant, the judgment under challenge in decreeing the suit for eviction does .....
Tag this Judgment!Court : Kolkata
..... the two unexceptionable propositions laid down in the division bench judgment are that the grounds under the explanation to section 263 of the act of 1925 are exhaustive as to what may be just cause to revoke a grant; and, that despite a breach of some limb of the explanation, it is not necessary that the grant has to be revoked unless a prima facie ..... are found to have not been complied with, an application for revocation of the grant of probate would be maintainable in terms of section 263 of the act, apart from the fact that non-publication of citation could be one of the grounds to revoke the grant of probate. .12. ..... by the petitioner, on the strength of a recent supreme court judgment, is that the mandatory pre-condition under section 283(3) of the succession act, 1925 was not complied with prior to probate of the later will being granted by this court. ..... the petitioner contends that since the immovable property of the testator was in mumbai, under section 283(3) of the act of 1925 it was incumbent on this court to cause a copy of the citation in respect of the will propounded by the executors thereof to be sent to the appropriate district judge within whose jurisdiction the ..... the testator had been specially cited, which took considerable time, that the court required the executors to file an affidavit of undertaking that there was no person interested in the estate under section 283(1)(c) of the act of 1925 other than those who had been served the special citations. .....
Tag this Judgment!Court : Kolkata
..... the plaintiff, a company incorporated under the companies act, 1956 is engaged in the business of architecture and turn key contracts. ..... he refers to article 113 of the limitation act, 1963 to urge that the suit was not instituted by the plaintiff within a period of three years from the date when the right to sue accrued. ..... the last reminder was given to the plaintiff to the defendant for realisation of advance money after cancellation of contract, i cannot persuade myself to hold that the present suit is barred under article 113 of the limitation act as contended on behalf of the defendant. .....
Tag this Judgment!Court : Kolkata
..... extract of the minutes of the board meeting held on 15th june, 2014 acknowledges that the company would avail the financial assistance for an amount of rupees not exceeding 15 crores and mr.manoj ranjan shamal would act as the authorized signatory to accept and convey the terms and conditions of the sanctioned letter dated 22nd june, 2014. ..... section 26 of the amendment act makes it clear that the new act shall not apply when the arbitral proceeding has commenced in accordance with the provision of section 21 of the principal act unless the parties otherwise agreed. ..... moreover, even under the new act, if the court is of the view that circumstances exist which may render the remedy provided under section 17 of the efficacious the court can pass interim measure. ..... in the instant case notice under section 21 was issued on 30th april, 2015. ..... co-ordinate bench in ap no.1024 of 2015 and submits that in view of the order dismissing the said application the present application is not maintainable and the remedy, if any, is to apply before the tribunal under the new act. .....
Tag this Judgment!Court : Kolkata
..... from the investments made, to the extent of a sum of rs.99 lakhs during the assessment year 2003-04 and a sum of rs.1.12 crores during the assessment year 2004-05, should be attributable to the business of providing credit facilities to its members.section 80p, it is true provides that, in the case of a cooperative society engaged in carrying on the business .providing credit facilities to its members . the whole of the amount of the profits and gains of business attributable to any such ..... -tax officer, reported in [2015].377 itr464[karn].and a judgement in the case of bihar state housing co-operative federation ltd.versus commissioner of income-tax, reported in [2009].315 itr286[patna].he also drew our attention to section 63 of the multi-state cooperative societies act, 2002 which obliges every multi-state cooperative society to transfer annually an amount of not less than 35% of its profits to the reserve fund. ..... . we are prepared to agree with mr.khaitan to the extent that the interest earned from out of the investments made under section 64 read with section 63 of the multi state co-operative societies act, 2002 is attributable to the business of providing credit facilities to its members.but we are not able to agree with mr.khaitan that the rest of the interest earned by the assessee from the investments is also attributable to the ..... . the parliament has included specifically business profits into the definition of the word income .....
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