Judgment Search Results Home > Cases Phrase: armed forces tribunal act 2007 section 30 appeal to supreme court Sorted by: recent Court: kolkata Page 32 of about 410 results (0.128 seconds)

Kohinoor Tailoring Works and Anr. Vs. Employees' State Insurance Corpo ...

Court : Kolkata

Reported in : (2004)ILLJ84Cal

..... civil court. in various proceedings hon'ble supreme court and this hon'ble court reportedly held that the employees' insurance court is a special tribunal constituted under section 74 of the act and such tribunals are not courts.49. in the case of agarwal hardware industries (supra), anil sen, j., not only held that the employees' ..... hon'ble supreme court has held that the employees insurance court has not only a mandatory duty cast upon it under section 75(2) of the esi act but it is armed with the powers of a civil court, including summoning and enforcing the attendance of witnesses, compelling the discovery and production of documents and material objects ..... january 18, 1964 and january 28, 1968 because on january 1, 1964, the limitation act, 1963, came into force and on january 20, 1968, section 77(1-a) of the esi act came into force. in the aforesaid judgment, the division bench of the bombay high court wanted to protect the litigants only for the limited period between january .....

Sitala Prasad Jaiswal and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : (2004)1CALLT302(HC)

..... during argument. suffice it to refer to section 3 of the west bengal land reforms act, 1955 which reads as follows:'3. act to override other laws.--the provisions of this act shall have effect notwithstanding anything inconsistent therewith in any other law for the time being in force or in any custom or usage or contract, express or implied, or agreement or decree ..... or order or decision or award of a court, tribunal or other authority.'15. in course of .....

Tulshi Charan Mukherjee and ors. Vs. State of West Bengal

Court : Kolkata

Reported in : (2003)2CALLT556(HC)

..... succeeds and is partly allowed to the extent indicated hereafter. the judgment and decree dated 4th april, 1989 passed by the learned additional district judge, 1st court, land acquisition tribunal, howrah in l.a. case no. 57 of 1986 is modified. the claimants shall be entitled to compensation at the rate of rs. 14,000/- per cottah being ..... k. seth, j. 1. this appeal is directed against the judgment and award dated 4th april, 1989 passed by the learned additional district judge, 1st court, land acquisition tribunal, howrah in l.a. case no. 57 of 1986. submission on behalf of the appellants 2. the claimants/appellants had preferred this appeal being aggrieved by the aforesaid ..... had passed the award/ decree. on the ground that the matter is still pending because of the pendency of this appeal when the 1996 amendment had come into force, benefit of section 23(1a) of 1894 act also could not be made applicable in the present case on the strength of the transitional provision provided in .....

Deputy Commissioner of Income Tax Vs. Cathy Pacific Airways Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2003)84ITD205(Kol.)

..... the entire previous year. the ao further observed that only one month's receipt in the relevant previous year (i.e. the period during which lerm was in force, which was the month of march, 1992) was to be converted by applying the official rate of exchange as well as market rate of exchange and since separate ..... such income is received in, or brought into india by the assessee or on his behalf before the specified date in accordance with the provisions of the foreign exchange. regulation act, 1973 (46 of 1973)." we may also mention that explanation to rule 26, referred to in expln.1 above, lays down that the 'telegraphic transfer buying rate' ..... commercial airline, is a hong kong based foreign company which is engaged in the business of aircraft operations. its income is assessed under the provisions of section 44bba of the it act, 1961. during the course of assessment proceedings, ao noticed that, in the relevant previous year, the assessee had received hk $ (hong kong dollars) 6,22,62,223 .....

United Bank of India Vs. Ramdas Mahadeo Prasad and ors.

Court : DRAT Kolkata

..... put to the opposite parties but were not repaid by them. after the promulgation of recovery of debts due to banks and financial institutions act the said claim was automatically transferred to the tribunal from the civil court. thereafter, the matter was heard when both the sides examined one witness each besides filing certain documents. the learned ..... the parties agreed to compromise the matter and the series of correspondence entered between the parties clearly shows that the original terms of the loan were not in force after the mou.accordingly it is argued that new contract came into correspondence between the parties which the bank can not avoid.9. from the series of ..... said mou by one party and non-compliance of the terms by the bank.therefore, the mou creating a new contract between the parties does not loose its force because of such correspondence. accordingly, i came to the conclusion that the bank is precluded from claiming any higher rate of interest or claiming the interest from .....

Shantiniketan Society and anr. Vs. State and ors.

Court : Kolkata

Reported in : (2001)1CALLT231(HC),2001(1)CHN259

..... to keep itself within the bounds of rigours of judicial review but also misdirected itself in law by posing a wrong question. according to the learned counsel, the learned tribunal acted illegally and without jurisdiction in so far as it usurafed the role of the revenue officer and although no material existed on record, it proceeded to decide the suo moto ..... with all interests, and benefits arising out of land and things attached to the earth or permanently fastened to anything to earth.'37. the said provision, thus, came into force with effect from 9.9.1980 and the lands of the non-agricultural tenants vested only with effect from that date. if aforementioned late bejoy krishna roy was a non ..... the old bed. the sane laden tides and current of the sea sometimes throw up a beach across the mouth of a raiver or an arm or inlet of sea, which chokes up the river, or an arm causing the formation of a lake behind it these are chiefly the ways in which beels or lakes are formed.' (t.n. ghosh- .....

United India Insurance Co. Ltd. Vs. Smt. Gita Rani Mondal and ors.

Court : Kolkata

Reported in : I(2001)ACC438,2001ACJ1692,(2001)1CALLT85(HC),2000(2)CHN389

..... the result of this discussion clearly is that the application for summarily rejection of the appeal because of non-invocation of section 149 of the motor vehicles act, 1988 before the claims tribunal must fall.the appeal, therefore, be heard on merits. let the lower court records be called for.the requisite number of informal paper books containing legible ..... succeeds and half falls. thus there will be no order as to costs in regard to this application.the learned registrar general, high court, calcutta and the tribunal and other authorities shall act accordingly on the basis of this order.urgent xerox certified copy of this order, if applied for, be given as expedltiously as possible.later :(mentioned) july ..... the quantum even if the insured himself did not make the challenge or even did not appear.30. the argument by mr. das is no doubt of great force but before we can accept if finally, we have to see how the case of shankarayya's affects the disputes before us.31. it is not that section .....

Parle Products Limited Vs. Subir Mukherjee

Court : Kolkata

Reported in : (2001)ILLJ964Cal

..... ii, whether the contract of employment was made before or after the passing of this act and whether such contract is expressed or implied, oral or in writing; but does not include any person working in the capacity of a member of (the armed forces of the union) (***) and any reference to a workman who has been injured shall, ..... where the workman is dead, include a reference to his dependants or any of them'. 6. the schedule ii appended to the act embraces within its fold such employees who also look after sales ..... the relevant time and his monthly salary was rs. 2337/- at the time of accident.3. the learned tribunal below upon taking into consideration the materials on record allowed the application filed under section 4 of the workmen's compensation act holding that the respondent was entitled to get a sum of rs. 52,788/ as compensation for his .....

Nurul Islam Vs. the State of West Bengal and ors.

Court : Kolkata

Reported in : (2000)3CALLT355(HC)

..... v. union of india, atr 1986 cat 28; union of india v. vishwanath (1989)9 atc 90). whereas, this tribunal enjoys this power from the administrative tribunal act, 1985 itself. because of such difference, this tribunal cannot condone the delay, more so, because the period of delay is more than 22 years. the petitioner could have agitated ..... a judicial officer of the rank of civil judge, senior division. the said act came into force in the state of west bengal on 15.9.1998. allegedly, the petitioner apprehending the dismissal from service filed an application before the state administrative tribunal being o.a. no. 7979 of 1998. in the said application, an ..... appointed. the candidates did not acquire any right merely by applying for selection or for appointment after selection. when the proposal for dlsbandment of the punjab armed police battalion and instead creation of additional posts for the district police was turned down by the state government, the appellants were duly informed of the .....

Manohar Rajaram Chhabaria Vs. Union of India and Ors.

Court : Kolkata

Reported in : (2000)3CALLT434(HC),[2002]110CompCas162(Cal)

..... inferences that could have been drawn, have been rightly drawn by the company law board.65. we also find no force in the submission that the proceedings under section 397 and 398 of the act had been filed with improper motive or that the same had been financed by competitors. there is no material on record ..... matter only with respect to the provisions of section 398.41. what according to the respondents (employees share holders) are the principal charges on defalcation, mismanagement, acts of illegalities conducted, which are prejudicial to the interest of the company (swc) its share holders and prejudicial to public interest are said to be the following;'(i ..... was not sufficient material to establish that mrc has utilised his commanding share controlling position to either act against the interest of the company or to enrich himself at the cost of the company. needless to reiterate that a tribunal cannot base its findings on mere suspicion, surmises and conjectures.54. the clb in the instant .....