Court : Kolkata
Reported in : AIR1956Cal321,60CWN471
..... to established notions under the ordinary law, something winch is a nullity cannot be and is not required to be set aside and, conversely, an order or decision which can appropriately be set aside is an order or decision which, if not set aside, would subsist as good and effective.it, however, appears to me that the arbitration act has not proceeded on that established concept but has made interference in that form of setting aside applicable to all awards, whether they be void or merely ..... secondly, if where the award is challenged as a nullity, the relief of setting aside the award is not appropriate but the application must be for an adjudgment of the award as null and void, then too, it must be an application under section 33.as regards the section under which an application challenging the validity of an award must be made, the arbitration act thus does not distinguish between an application for setting aside an award and an application for the adjudgment of an award as a nullity ..... to direct an award to be filed and if they were to be inserted in the present act, their proper place would be not section 30, but section 17.speaking for myself, i should think that the wojdb 'where the court is satisfied that the matter has been referred to arbitration' must mean referred in fact or validly referred and their omission from para 16 was not very appropriate, because it is not inconceivable that even where a matter is referred to arbitration by an order .....
Tag this Judgment!Court : Kolkata
Reported in : [1978]112ITR592(Cal)
..... though, generally speaking, the question whether a fit case for imposition of penalty has been made or not has to be determined usually in any penalty proceeding by the appropriate authority and though an assessee aggrieved by an order of imposition of penalty may have his remedy under the act, yet, in appropriate cases, to my mind, the court may interfere in this jurisdiction with the penalty proceedings, provided the court is satisfied that the facts and circumstances of the case require ..... it is his argument that the petitioner is required to furnish evidence of his bona fides to prove that there has been no fraud or gross or wilful neglect on his part before the appropriate authority in the penalty proceeding itself and as the appropriate authority is the proper forum where such evidence has to be furnished it cannot be said that the appropriate authority lacks jurisdiction or is acting in excess of its jurisdiction in proceeding with the penalty proceeding against the petitioner.17. ..... a notice is usually given to an assessee to show cause why a penalty should not be imposed by the appropriate authority, if the authority concerned is satisfied that a fit case for exercise of the power of imposition of penalty on the basis of the provisions contained in section 271 of the act has arisen, and the notice is issued for the purpose of hearing the assessee or giving the assessee a reasonable opportunity of being heard before passing the order of imposition of a penalty in compliance .....
Tag this Judgment!Court : Kolkata
Reported in : (1996)IIILLJ80Cal
..... prohibition of employment of contract labour:(1) notwithstanding anything contained in this act, appropriate government may, after consultation with the central board, or as the case may be, a state board, prohibit, by notification in the official gazette, employment of contract labour in any process, operation or ..... (2) subject to the provisions of this act, a licence under sub-section (1) may contain such conditions including, in particular, conditions as to hours of work, fixation of wages and other essential amenities in respect of contract labour as the appropriate government may deem fit to impose in accordance with the rules, if any, made under section 35 and shall be issued on payment of such fees and on the deposit of such sum, if any, as security ..... of the case the supreme court directed the central government to take appropriate action under section 10 of the act within six months ..... it is claimed that the appropriate government should have, in the circumstances, issued a notification under section 10 of act: prohibiting the employment of contract ..... appropriate government' as far as the food corporation of india is concerned would be the central government in accordance with the definition of 'appropriate government' under section 2(1)(a) of the act ..... supreme court in a recent decision has in no uncertain terms held that the court cannot direct issuance of notification under section 10 of the act as that was a matter solely within the discretion of the appropriate government.6. .....
Tag this Judgment!Court : Kolkata
Reported in : [1972]85ITR531(Cal)
..... made, in payment of any dividend or interest distributed by any company, being a company within the meaning of the companies act, 1948, or the companies act (northern ireland), 1932, or a company created by letters patent or by or in pursuance of an act of parliament, shall have annexed thereto or be accompanied by a statement in writing showing- (a) the gross amount which, after deduction of the income tax appropriate thereto, corresponds to the net amount actually paid; and (b) the rate and the amount of income tax ..... appropriate to such gross amount; and (c) the net amount actually paid ; and (d) where sub-section (1) of section three hundred and fifty of this act applies, the net united kingdom rate as provided by that subsection. ..... course of his speech observed at page 368:'rule 20 is, in effect, based on section 54 of the income tax act, 1842, with the substitution of the words 'the tax appropriate thereto' for the words 'the tax proportionate thereto'. ..... similar statements of the principle which i need not quote, were, no doubt, made with reference to section 54 of the income tax act, 1842, but i do not think that the substitution in the latter act of the word 'appropriate' for the word 'proportionate in the earlier act, affects the principle.' 30. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1956Cal550,60CWN1035,(1957)ILLJ218Cal
..... in the prescribed manner, whether jointly or separately, for a reference to either a board, court or a tribunal, and the appropriate government is satisfied that the persons applying represent the majority of each party, then it shall make the reference accordingly. ..... (4) if no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement ..... a notice under section 22 has been given, the appropriate government shall, unless it considers that the notice has been frivolously and vexatiously given or that it would be inexpedient so to do, make a reference notwithstanding that any other proceeding under the act in respect of the dispute may have commenced. ..... a report has been submitted by the conciliation officer, it is for the appropriate government to be satisfied that there was a case for reference to a ..... on a consideration of the report referred to in sub-section (4), the appropriate government is satisfied that there is a case for reference to a board ..... 57 of air 1953 sc):'but, it must be remembered that in making a reference under section 10(1) the government is doing an administrative act and the fact that it has to form an opinion as to the factual existence of an industrial dispute as a preliminary step to the discharge of its function .....
Tag this Judgment!Court : Kolkata
Reported in : (2002)2CALLT417(HC),(2002)IIILLJ310Cal
..... specific point was taken in paragraph 13 of the affidavit-in-opposition that the agreement dated 9th may, 1988 is not a settlement within the meaning of section 2(p) of the said act as the second condition of jointly sending a copy thereof to the officer autorised in this behalf by the appropriate government and the conciliation officer was not complied with yet the same was not denied in paragraph 15 of the affidavit-in-reply filed by the writ petitioners which ..... said agreement dated 9th may, 1988 and (c) it shall continue to remain binding on the parties till it is altered by fresh settlement, award or valid legislation, (d) transmission of copies of agreement to an officer authorised in this behalf by the appropriate government and the conciliation officer under section 2(p) of the said act should not be held to be a mandatory requirement for the validity of the settlement, (e) transmission of copies of agreement to the officer authorised in this behalf by the ..... than in course of conciliation proceeding, for elevation to the status of settlement, requires to be signed by the parties thereto in such a manner as may be prescribed and a copy thereof is required to be sent to an officer authorised in this behalf by the appropriate government and the conciliation officer, (c) the agreement dated 9.5.1988 is not a settlement within the meaning of section 2(p) of the said act because the second condition of jointly sending copy thereof to an officer authorised in this behalf by the .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(4)CHN1,[2007(115)FLR358],(2008)ILLJ21Cal
..... learned advocate before the regional provident fund commissioner alleging that the board of trustees of provident fund of the appellant company in connivance with the employer did not pay yearly interest at an appropriate rate to which the said employee was entitled to and the said learned advocate also requested the regional providence fund commissioner to issue necessary direction to the appellants for payment of interest at the ..... 1 herein informed the regional provident fund commissioner that the provident fund is an exempted fund and are guided by the provisions of income-tax act and the amount towards the contribution in the members' account is credited with interest based on the earning by the fund which is audited and certified by the auditors and, as such, there ..... the appellants submits that section 17(3)(b) of the employees' provident funds and miscellaneous provisions act, 1952 (hereinafter referred to as the said act) provides that the exempted employees would be entitled to interest payable at the time ..... mallikregional provident fund commissioner, w.b.theatre road, ground floor, calcutta -16 to : the acting secretarythe braithwate burn & jessop construction company limitedp-13, misson row, estn.calcutta - 1 sub : provident exemption of classes of employees in the ..... not been established that any condition specified in section 17(3) of the employees' provident fund and miscellaneous provisions act, 1952 has been violated by or at the instance of the appellants herein.21. .....
Tag this Judgment!Court : Kolkata
Reported in : [1971]27STC289(Cal)
..... empowered to assess, reassess, collect and enforce payment of any tax under the general sales tax law of the appropriate state shall, on behalf of the government of india, assess, reassess, collect and enforce payment of tax, including any penalty, payable by a dealer under this act as if the tax or penalty payable by such a dealer under this act is a tax or penalty payable under the general sales tax law of the state ; and for this purpose they ..... time being empowered to assess, collect and enforce payment of any tax under the general sales tax law of the appropriate state shall, on behalf of the government of india and subject to any rules made under this act, assess, collect and enforce payment of any tax, including any penalty, payable by a dealer under this act in the same manner as the tax pn the sale or purchase of goods under the general sales tax law of the ..... a dealer shall be liable to pay tax under the central act on a sale of any goods effected by him in the course of inter-state trade or commerce notwithstanding that no tax would have been leviable under the sales tax law of the appropriate state if that sale had taken place inside that state.14. the substitution of section 9 of the central act with retrospective effect, by section 6 of the amendment act, has also a great bearing to the contentions advanced on .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)3CALLT288(HC),[2001(88)FLR850],(2001)ILLJ643Cal
..... the jurisdiction of this court to direct the appropriate government to issue a notification under section 10(1) of the contract labour (regulation and abolition) act, 1970 (hereinafter called and referred for the sake of brevity of this case as 'the said act') and to further direct the appellant herein to absorb the writ petitioner respondents ..... for this, procedure is prescribed under section 10(2) of the act as per which 'appropriate government' has not only to consult the board but also take into consideration factors mentioned in section 10(2) which include the consideration as to whether the work being performed by the workers in such ..... contract system in the particular process, operation or other work in an establishment is of perennial nature and notwithstanding the fact that ingredients of section 10(2) of the contract labour (regularisation and abolition) act are satisfied the parctice of contract labour is continued, then they can approach the appropriate government under the act for issuing necessary notification under section 10(2) of the contract labour (regulation and abolition) act. 6. ..... it is for the appropriate government to decide under section 10 of the act whether to abolish contract labour in any process, ..... contended, that the court in exercise of its jurisdiction under article 226 of the constitution of india could not have direct issuance of a notification under section 10(1) of the act which is within the exclusive domain of the appropriate government. .....
Tag this Judgment!Court : Kolkata
Reported in : (1991)1CALLT211(HC),94CWN1057
..... and duties in the matter of exercise of supervision of the affairs of the co-operative societies and for inaction or improper or illegal action of the registrar and other government officials, a prayer for appropriate writ and/or direction against the registrar or other government officials entrusted with statutory duties and responsibilities, may be made and the courts have entertained such writ petitions for issuing writs or orders on ..... operative society is formed by the private initiations of its members and despite the anxiety of the state legislature to ensure functioning of a co-operative society in a deserted manner and making various provisions in the west bengal co-operative societies act and the rules framed thereunder to exercise controls in the functioning of the co-operative society by the registrar of co-operative societies and other officers of the state government, a co-operative society is not a statutory body or an ..... alia, that under clause 15 of rule 108 of the west bengal co-operative societies rules, 1987, the governing body of the society was the appropriate punishing authority and the general body of the society was the appellate authority. ..... act, registrar of co-operative societies, west bengal and its officers have been empowered to oversee the activities of the co-operative societies and to entertain certain types of complaints about the irregular functioning of the co-operative societies and to take appropriate remedial measures prescribed in the said act .....
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