Judgment Search Results Home > Cases Phrase: appropriation no 2 act 2006 Court: kolkata Page 22 of about 1,290 results (0.066 seconds)

Krishnendu Narayan Ghosh Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : [2000(86)FLR566],(2000)ILLJ1543Cal

..... that if it is not possible to complete the enquiry or to pass the final order, the suspension should be extended along with the re- employment order or the latter should be extended and to pass appropriate order during the extended period but in case it is found that either of those courses, is neither feasible nor possible, it would be open to allow the delinquent to retire from service and ..... been passed but for the superannuation that itself would prevent the petitioner from claiming gratuity in terms of the provisions of the payment of gratuity act, 1972 and therefore, once the disciplinary proceedings has been initiated that should be continued for reaching a conclusion, whether in the meantime the petitioner has superannuated or not. ..... the services of an employee, the final outcome whereof, as stated above, would relate to at or immediately prior to the superannuation, is of no effect in terms of section 14 of the payment of gratuity act which provides that the provisions of the act or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than the payment of ..... in the event of termination of service only, the question of appropriating the gratuity under section 4(6) of the payment of gratuity act arises ..... gratuity and bonus payable to the employee, the bank need not pay the amount to the legal heirs of the employee as the bank can appropriate the gratuity under section 4(6) of the payment of gratuity act .....

Calcutta Tramways Co. (1978) Ltd. and ors. Vs. Ramesh and 17 ors.

Court : Kolkata

Reported in : (1999)IILLJ1173Cal

..... in the instant case no notification has been issued by the appropriate government prohibiting the abolition of engagement of the contract labour. ..... in gujarat electricity board, the apex court itself has held-'these decisions in unambiguous terms lay down that after the coming into operation of the act, the authority to abolish the contract labour is vested exclusively in the appropriate government which has to take its decision in the matter in accordance with the provisions of section 10 of the act. ..... sufian to the aforementioned extent is wholly misconceived as no case has been made and in any event, the relief sought for by the petitioners can be agitated before the appropriate forum constituted under the provisions of the minimum wages act.11. ..... principle of law that even in a case where a workman has completed more than 240 days of work, his services, although cannot be terminated without following the provisions laid down under section 25-f of the industrial disputes act, the same by itself does not create any right in the concerned workman in being permanently absorbed in service. ..... , it has to be remembered mat the authority to abolish the contract labour under section 10 of the act comes into play only where there exists a genuine contract. ..... the facts and circumstances of this case, article 23 of the constitution of india or the provisions of minimum wages act cannot be said to have any application whatsoever. ..... such nomination has not been accepted and acted upon by the company. .....

Union of India (Uoi) and ors. Vs. Burn Standard Co. Ltd. and ors.

Court : Kolkata

Reported in : 1988(18)ECC108

..... bhattacharjee also pointed out that the determination in the andhra pradesh case was on section 4(1)(a) of the said act and really the same went on the basis and only on the question of grant of rebate and cannot be said to be an appropriate authority on the question of claim for set-off, which question is involved in this case and only on the basis of the question as involved ..... by him in the course of wholesale trade except to or through a related person and the value cannot be determined under clause (iii) of the proviso to clause (a) of sub-section (1) of section 4 of the act, the value of the goods so sold shall be determined--(i) in a case where the assessee sells the goods to a related person who sells such goods in retail, in the manner specified in clause (a) of this rule ..... in a free trade zone and brought to any other place in india shall be an amount equal to the aggregate of the duties of customs which would be leviable under section 12 of the customs act, 1962 (52 of 1962) on like goods produced or manufactured outside india if imported into india, and where the said duties of customs arc chargeable by reference to their value, the value of such ..... to the manufacturers, to do necessary fabrication of wagons/ coaches from and other component parts, raw materials, purchased on behalf of the railways from the market, the appropriate duty will be payable on the value of the wagons/coaches as determined under section 4 of the said act, which is quoted hereunder:--section 4. .....

Orissa State Electricity Board Vs. Collector of Cus. (Appeals)

Court : Kolkata

Reported in : 1992(60)ELT209(Cal)

..... , 1987, as appears from the records in the matter under consideration, the collector of customs (appeals) rejected the appeal on the question of limitation under section 27 of the customs act and by reason of the aforesaid rejection, a writ petition was filed before this court and the learned single judge dealing with the matter passed the order which is under challenge in ..... delay in the matter of making an application for refund from the date of such information before the appropriate authority, but the issue arises whether section 27 of the customs act would be a bar in presenting a claim for refund. ..... the writ petitioner for refund be heard by the appropriate authority on merits without going into the question of ..... matter of fact, apart from the issue of limitation, some dispute as to the quantum of the refund and in that perspective, in our view, interest of justice would be subserved if the refund application be heard on merits by the appropriate authority without taking recourse to the plea of limitation as envisaged under section 27 of the customs act,7. ..... it is not that the petitioner himself was aware of such an excess levy and thereafter acted like an indolent and moved the application long after the expiry of the six month period ..... as to costs.certified copy of this judgment be made available to the parties with utmost expedition upon an application to that effect being made by the parties.all parties are to act on a signed copy of the operative portion of this judgment. .....

NabIn Agarwal and anr. Etc. Vs. C.E.S.C. Ltd. and ors.

Court : Kolkata

Reported in : AIR2004Cal227

..... or any direction given under the repealed laws shall, insofar as it is not inconsistent with the provisions of this act, be deemed to have been done or taken under the corresponding provisions of this act;(b) the provisions contained in sections 12 to 18 of the indian electricity act, 1910 (9 of 1910) and rules made thereunder shall have effect until the rules under sections 67 to 69 of this act are made;(c) the indian electricity rules, 1956 made under section 37 of the indian electricity ..... section 14 of the act of 2003 provides that the appropriate commission will grant license for transmission of electricity and to distribute electricity. ..... (9 of 1910) as it stood before such repeal shall continue to be enforced till regulations under section 53 of this act are made;(d) all rules made under sub-section (1) of section 69 of the electricity (supply) act, 1948 (54 of 1948) shall continue to have effect until such rules are rescinded or modified, as the case may be;(e) all directives issued, before the commencement of this act, by a state government under the enactment specified in the schedule shall continue to apply for the ..... section 43 of the said act clearly provides that any person can demand or continue to receive supply of electricity for any premises having a separate supply after making necessary payment as may be determined in this regard by the appropriate commission. .....

Union of India (Uoi) and ors. Vs. Calcutta Mint Employees Union and or ...

Court : Kolkata

Reported in : (2005)2CALLT331(HC),2005(3)CHN376,[2005(107)FLR301]

..... , however, be free to approach the forum under the appropriate industrial/labour legislations or under the 1985 act, as they may be advised, for suitable relief.26. ..... this decision supports the view that even if a person comes within the purview and section 14 of the 1985 act, he would still have right at his option to approach either the forum under the industrial/labour legislations or the ..... in order to appreciate the said question, we may look into section 14, which provides that:'save as otherwise expressly provided in this act, the central administrative tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority exercisable immediately before that day by all courts (except the ..... the date of the order since the petitioners therein were willing to work without double payment in order to enable the union to pursue its remedy before the forum under the industrial disputes act, 1947 (1947 act), namely conciliation officer, where a proceeding was pending with direction to conciliation officer to dispose of the same expeditiously. ..... it was held that the cat not being an appellate authority in the hierarchy of the forum under the industrial disputes act, it had no jurisdiction to entertain an application in respect of a matter, which was already covered by an award of the ..... terms in respect of 48 hours a week with single pay above 44 hours be continued or maintained subject to the decision of the appropriate forum or otherwise, as the case may be. .....

Dipali Rani Swarnakar Vs. Md. Yeasin

Court : Kolkata Appellate

..... appearing on behalf of the petitioner, submits that since an appeal lies against the order of the rent controller, this court may give appropriate directions for filing an appeal before the appellate tribunal under section 43 of the said act of 1997.7. mr. ..... earlier in 1998 and 2003, the petitioner had to file two applications under section 21 of the west bengal premises tenancy act, 1997 to deposit rents before the rent controller since the opposite party refused to accept the same. ..... felt aggrieved, the remedy lies before the learned tribunal by preferring an appropriate appeal within a period of 30 days from the date of passing of the order, under section 43 of the said 1997 act. ..... being the position, in view of the provisions of section 17(4b) of the west bengal premises tenancy act, 1997 fair rent of that premises was determined according to the formula as laid down in the ..... is that the opposite party herein filed an application under section 17(4b) read with section 5(7) and 5(8) of the west bengal premises tenancy act, 1997 for determination of the fair rent of the premises in the application as described therein. ..... challenge is to the order dated november 17, 2006 as modified by the order dated december 21, 2006 passed by the learned additional rent controller, barasat, district north 24 ..... also directed to pay the charges for maintenance and amenities and the share of municipal tax as per provision of section 5(7) and 5(8) of the said act of 1997 in addition to the fair rent.5. .....

Prudetial Capital Market Ltd. (In Vs. Official Liquidator, High Court,

Court : Kolkata

..... learned trial judge failed to consider that in spite of undertaking given by the company on 1st april 1997, the rbi had passed orders against the company under section 45 (mb) (2) of reserve bank of india act, 1934 on 29th november 1997 and thereafter on 14th may 1998 thereby it clearly shows that rbi never relied on such undertaking as it fully knew that that such undertaking has no legal effect and as such ..... therefore, while performing this duty if he comes across any sale of property of the company which would be void under any of the provisions of the companies act or any other law for time being 12 in force and which would not be binding on him as liquidator of the company, it would be equally his duty to take action ..... being made to that effect, leave is given to the liquidator or appropriate party to institute or continue such proceedings in any other court or tribunal ..... sen has appropriately pointed out that andhra pradesh rent act, 1960 has no ..... sree sree madan gopal jew reported in 67 company cases page 394, while examining scope of sub-section (2) of the said act, the division bench of this court at page 403 held as follows: "in our opinion, the language of sub-section(2) is clear, it was the intention of learned judge that all questions which come within ..... in the said letter for direction, it is well settled that to succeed in an application under section 531 of the said act the official liquidator is to aver and prove that the transaction was not in good faith. .....

West Bengal Industrial Vs. Niccon Electronics Devices

Court : Kolkata

..... the expiry of three years from june 5, 2005 the corporation could have made a claim before the appropriate debts recovery tribunal, by virtue of the extended period of limitation applicable to it, both against the first respondent company herein and the guarantors; though its right to invoke the 18provisions of the 1951 act against the guarantors would be for a period of three years from the date of the notice of ..... concern to make immediate repayment of any loan or advance under section 30 and the industrial concern fails to make such repayment, then, without prejudice to the provisions of section 29 of this act and of section 69 of the transfer of property act, 1882 any officer of the financial corporation, generally or specially authorized by the board in this behalf, may apply to the district judge within the limits of whose jurisdiction the industrial concern carried ..... continued by reason of the order dated january 22, 2008 having 21been set aside, such joint receivers are directed to complete the sale of the assets as directed by the orders dated march 22, 2006 and april 19, 2006 within six weeks from date. ga no. ..... cited a judgment reported at (2006) 11 scc 506 (syndicate bank ..... by an order dated march 22, 2006, the court noticed that despite service of the application and the order dated september 7, 2005, the respondents had neither filed any ..... a judgment reported at 2006 (9) scc 617 ( ..... 2006 was modified by an order dated april 19, 2006 ..... 1939 of 2006 was allowed by an order dated .....

M/S. Pratap Ch. Dey and Others Vs. Allahabad Bank and Others

Court : Kolkata

Reported in : AIR1997Cal96,[1998]94CompCas642(Cal)

..... therefore, it can be safely said that even if an appeal lies against an order of the bank recovery tribunal under the act itself, in an appropriate case, the high court still retains its jurisdiction to entertain a petition either under article 226 or 227 of the constitution which ..... the tribunal can be said to have a discretion to decide a preliminary issue of law in separation of other issues raised in the proceeding but in view of the object and the scheme of the act it has been rightly held by the tribunal that there is no question to use such discretion and accordingly it has been rightly decided that the issue regarding jurisdiction shall be decided along with the other issues ..... the bank tribunal for disposal on the merits of the case and thus considerable time shall be consumed for a decision in the matter which shall defeat the very purpose of the said act of 1993 for which the same has been enacted whereas if the jurisdiction point is taken up along with the other issues the decision can be made as expeditiously as possible and if any ..... question of law that needs to be decided in these applications under article 227 of the constitution is formulated below :whether the tribunal constituted under the debts (due to bank and financial institutions) act, 1993 (hereinafter referred to as the 'said act of 1993') shall decide an issue of jurisdiction as a preliminary issue of law by exercising power conferred on the civil courts under order 14, rule 2 of the code of civil procedure .....