Judgment Search Results Home > Cases Phrase: armed forces tribunal act 2007 section 30 appeal to supreme court Sorted by: recent Court: kolkata Page 16 of about 410 results (0.190 seconds)

Peerless General Finance and Investment Co. Ltd. Vs. Commissioner of I ...

Court : Kolkata

Reported in : (2010)228CTR(Cal)72,[2010]320ITR622(Cal)

..... on the following questions of law:(1) whether disallowance under section 143(1)(a) of the it act, 1961 can be made merely because proof in support of a claim made in the return is not annexed to the return?(2) whether the tribunal was justified in holding that the disallowance made by the ao falls within the purview of prima ..... reference to section 80g. however, the tribunal upheld the adjustment made under section 43b on the ground that it was based on the observation made by the tax auditor in the tax audit report9. mr. j.p. khaitan, learned advocate, appearing on behalf of the appellant, submitted that section 143 as in force at the material time provided for issue ..... from that of the gujarat high court25. after considering the facts and circumstances of this case and the decisions cited at the bar, it appears to us that the tribunal upheld the adjustment made under section 43b on the ground that it was based on the observation made by the tax auditor in the tax audit report. it further .....

National Insurance Co. Ltd. Vs. Renuka Saha and ors.

Court : Kolkata

..... following observations regarding the role of a court dealing with an application under section 166 in the light of section 168 of the act:it has to be kept in view that the tribunal constituted under the act as provided in section 168 is required to make an award determining the amount of compensation which to it appears to be ..... any property of a third party, a limit of rupees six thousand:provided that any policy of insurance issued with any limited liability and in force, immediately before the commencement of this act, shall continue to be effective for a period of four months after such commencement or till the date of expiry of such policy whichever is ..... note relates has been registered or to such other authority as the state government may prescribe.(5) notwithstanding anything contained in any law for the time being in force, an insurer issuing a policy of insurance under this section shall be liable to indemnify the person or classes of persons specified in the policy in respect of .....

The New India Assurance Co. Ltd. Vs. Mita Samanta and ors.

Court : Kolkata

..... the owner of the vehicle to appear as a witness for disputing the allegation of the claimants. if the insurance company after taking leave of the tribunal under section 170 of the act, decides not to lead any evidence by summoning the relevant witnesses including the party whose liability it has undertaken, its position in law will be just ..... v. bhishan chand : air 1974 punj and har 7, drew a presumption under section 114 of the evidence act against a party who did not enter into the witness box.16. the aforesaid principle applies with greater force when a party even does not dispute the statement made in the pleading of the other side and decides to ..... remain ex parte. we are quite conscious that in the proceedings for compensation under the motor vehicles act, when the offending vehicle is insured, the owner of the .....

Ashoke Kumar Mukherjee Vs. the Eastern Coalfields Ltd. and ors.

Court : Kolkata

..... lodge any appeal from the impugned order of termination with any appellate authority; and that he did not take any step for approaching the industrial tribunal under provisions of the industrial disputes act, 1947. he directly moved this court by filing this writ petition that was admitted by an order dated august 7, 2007. the first respondent ..... notification was issued under section 1(3) by respondent no. 3 appointing august 28,1960 as the date on which some of the provisions of the act should come into force in certain areas of the state of bihar, the chief executive officer of respondent no. 1 issued notices giving effect to the state government's ..... the appellants by them and that the said benefits were not similar either qualitatively or quantitatively to the benefits under the scheme which had been brought into force under the act. the high court has held that the question as to whether the notices and circulars issued by respondents no. 1 were invalid, could not be considered .....

Milan Krishna Roy Vs. Allahabad Bank and ors.

Court : Kolkata

..... a direction or make a declaration on the basis of materials which make such claim only plausible. before any such direction is issued or declaration made, the court or the tribunal must be fully satisfied that there has been real injustice to the person concerned and his claim for correction of date of birth has been made in accordance with the ..... as declared by him and as evident from his matriculation certificate and he wanted to impress upon hon'ble court to believe that the same to be correct and to act on the basis thereof.59. it appears that in the seniority lists of the year 1986 and onwards the date of birth of the appellant has been shown to be ..... of the illegal disclosure of the date of birth in the application for loan and the appellant cannot claim benefit and/or take advantage of his own illegal and fraudulent act.30. mr. de has also contended that there was no correction of date of birth in the matriculation certificate of appellant and the appellant never applied to the bank .....

Hindusthan National Glass and Industries Limited and anr. Vs. Reserve ...

Court : Kolkata

..... .d. lama v. state of sikkim). in manak lal the appellant did not object to the presence of a particular member on the tribunal and the supreme court concluded that in so acting, the appellant was precluded from raising such objection at a later stage before the court. that the timing of the objection in such regard ..... the petitioner's claim and all points are left open for being agitated by it before the committee.11. despite its reservations, the petitioner company had per force to present itself before the bank's committee. shortly after the hearing in mumbai, the salient points of its submission before the committee were recorded on behalf ..... exposure; (iii) the company was not relying on any advice of the bank and was taking independent advice; (iv) the bank was not acting in a fiduciary capacity and all transactions were at arms length; and (v) the company had drawn up an appropriate risk management policy, etc. subsequently, upon your instructions and relying on further representations .....

Bablu Mitra and ors. Vs. State of West Bengal and ors.

Court : Kolkata

..... by the government '(f)ollowing the directions of the hon'ble court' contained in such order. the decision-making process and the state's action have, per force, to be seen in the context of such previous order which the state unreservedly professed to accept. 70. before the challenges on the two major aspects are ..... someone; or whether the process adopted or decision made is so arbitrary and irrational that the court can say: 'the decision is such that no responsible authority acting reasonably and in accordance with relevant law could have reached'; (ii) whether public interest is affected. if the answers are in the negative, there should be ..... such case were owners of sugar mills who challenged the validity of notifications issued by the central government in exercise of its power under the essential commodities act. the petitioners contended that the prices did not reflect the actual manufacturing cost of sugar incurred by producers or secure to them reasonable returns on the capital .....

Bharat Sanchar Nigam Ltd. and ors. Vs. Kec International Ltd. and ors.

Court : Kolkata

..... appeal. it is made effective by the court quashing the administrative decision without substituting its own decision, and is to be contrasted with an appeal where the appellate tribunal substitutes its own decision on the merits for that of the administrative officer.76. in r. v. panel on take-overs and mergers, ex p in guinness ..... alternators 'shall be of air cooled type.' the moment addendum 4 was published, the 'shall be' in the second sentence of clause 4.7.2 had per force to be read as 'may be.' the argument of the fourth respondent that clause 4.7.2 was not subservient to addendum 4.2 cannot be accepted since ..... globalisation', in essence, is liberalisation of trade. today india has dismantled licence raj. the economic reforms introduced after 1992 have brought in the concept of 'globalisation'. decisions or acts which result in unequal and discriminatory treatment, would violate the doctrine of 'level playing field' embodied in article 19(1)(g). time has come, therefore, to say that .....

Elements Coke Pvt. Ltd. Vs. Uco Bank

Court : Kolkata

Reported in : AIR2009Cal252

..... form an integral part of the cause of action so far as enforcement of security is concerned as per section 13(4) of the said act.4. the learned debt recovery tribunal, kolkata held that it has territorial jurisdiction over the subject-matter as the head office of the creditor bank, from where it carries on its ..... the said order without filing any appeal, but subsequently the bank challenged the territorial jurisdiction of the said tribunal to entertain the said application under section 17 of the said act, as according to the bank, the said tribunal has no territorial jurisdiction to entertain the said application as no part of the integral part of the cause ..... part of the cause of action has arisen within the territorial jurisdiction of the said tribunal and as such, the said tribunal has no territorial jurisdiction to entertain the said application under section 17 of the said act.7. the learned appellate tribunal was of the view that grant of formal sanction of the loan by head office .....

Baishali Hom Chaudhuri Vs. the Union of India (Uoi) and ors.

Court : Kolkata

..... on a consideration of the judgment in relation to the subject matter of the decision, which alone has the force of law and which when it is clear it is not part of a tribunal's duty to spell out with difficulty a ratio decidendi in order to bound by it, and it is ..... is that statutory regulations are framed with care and meticulousness when the statutory authority framing the regulations is, after the coming into force of the act, in a better position to adapt the act to special circumstances. delegated legislation permits utilisation of experience and consultation with interests affected by the practical operation of statutes. subordinate ..... after a specified date.15. right of persons possessing qualifications in the schedules to be enrolled. - (1) subject to the other provisions contained in this act, the medical qualifications included in the schedules shall be sufficient qualification for enrolment on any state medical register....19. the council has also referred to an unreported .....