Court : Kolkata
Reported in : [1991]190ITR455(Cal)
..... being bonus referred to in the first proviso) or commission is reasonable with reference to- (a) the pay of the employee and the conditions of his service ; (b) the profits of the business or profession for the previous year in question ; and (c) the ..... (1)(ii) any sum paid to an employee as bonus or commission for services rendered, where such sum would not have been payable to him as profits or dividend if it had not been paid as bonus or commission ; provided that the deduction in respect of bonus paid to an employee employed in a factory or other establishment to which the provisions of the payment of bonus act, 1965 (21 of 1965), apply shall not exceed the amount of bonus payable under that act : provided further that the amount of the bonus (not ..... this amendment only indicates that the legislature did never intend that the payment of bonus in whatever name it is called in excess of the amount of bonus prescribed under the payment of bonus act, 1965, would not be allowable even if such payment is reasonable and has been made having regard to the commercial and business expediency and to maintain the target of production through sustained industrial peace.19. ..... united bank of india : (1985)iillj398sc . ..... : (1984)illj116sc . .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal715,[1960]30CompCas582(Cal)
..... of these cheques is an answer to the action of the liquidator of the company, and that the judgment in the action ought to be entered for the defendant, the public officer of the bank, and the present appeal allowed' lord chelmsford at page 892 makes the following observation:'the first finding of the jury is that no four of the seven persons who signed the articles of association ..... resolutions purported to have been passed without notice to him to the effect that he has ceased to be so and has vacated office as director and preventing him from operating the banking accounts of the said company and otherwise exercise his rights as such managing director as aforesaid are void, illegal and not binding upon him and that the said resolutions have not in ..... turquand (1856) 6 e and b 327, as the following observation in page 902 indicates:--'my lords, the question is a very broad one whether a bank under such circumstances, having a written authority of a de facto secretary, is bound, before it acts upon that authority, to ascertain whether he is the properly constituted secretary of the company or not, and not only that, but whether any resolution, of which he forwards ..... suit withdrawn was held not to operate as a bar to the subsequent suit for ejectment was that the fact or due service of the notice to quit--an essential fact to enable the plaintiff to get a decree was not in existence when the ..... is the unusual commission, that is excess commission abovethe normal commission and also the .....
Tag this Judgment!Court : Kolkata
Reported in : (1990)1CALLT373(HC)
..... default, breach of duty misfeasance or breach of trust against an officer of a company, it appears to the court hearing the case that he is or may be liable in respect of the negligence, default, breach of duty, misfeasance or breach of trust, but that he has acted honestly and reasonably, and that having regard to all the circumstances of the case, including those connected with his appointment, he ought fairly to be excused, the court may relieve him, either wholly or partly, from ..... . : (1988)illj551sc , supreme court held as follows :-'the act in question is a beneficial legislation which is enacted for the purpose of improving the conditions of service of the employees of the newspaper establishments and hence even if it is possible to have two opinions on the construction of the provisions of the act the one which advances the object of the act and is in favour of the employees for whose benefit the act is passed has to be accepted ..... . therefore, in cases falling under sub-section (2) the prosecution must fail, if it is not proved that the commission of the offence was due to consent, connivance or neglect of the officer concerned.'29 ..... . 1,21,65,816/- by making a fixed deposit in a bank at least at the rate of 10% interest, the company can earn more than ..... (para 15)'your petitioners apprehend that the respondent may initiate proceedings for not depositing in full the employees' provident fund to the respondents for the years 1982-83, 1983-84, 1984-85 and 1985-86 and/or earlier. .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)IILLJ291Cal
..... application, inter alia, commanding the appellant herein to reinstate the 1st respondent within six weeks from the date of communication of the order and further directed that he would be entitled to the benefits of the continuity of service but would not get any back wages from 1971 till date of his joining. ..... the fact of the matter shortly stated is as follows:the first respondent was discharged from services by the appellant with effect from january 24, 1971 on the ground that he was absent for more than 14 consecutive ..... halsburvs laws of england, volume 248 at page 1143:-as a general rule, any person can enter into a binding contract to waive the benefits conferred upon him by an act of parliament, or, as it is said, can contract himself out of the act, unless it can be shown that such an agreement is in the circumstances of the particular case contrary to public policy. ..... eastern coalfields ltd, reported in 1998 (2) clj 109, a division bench of this court has held that in a case of dismissal of services of a workman the dispute should be adjudicated upon in a reference made under the industrial disputes act and not by way of a writ application.18. ..... 'francis bennion in the statutory interpretation (1984 edition) has said:-'a person entitled to the performance of a statutory duty, where the case is within the principle quilibet protest renuntiare jurt pro se indtoructo (a person may renounce a right introduced for his benefit), can ..... , syndicate bank reported in 1994 69 flr 1061'.15 .....
Tag this Judgment!Court : Kolkata
Reported in : 2004CriLJ1116
..... pointed out that though the debentures were made for private placement, those were issued publicly by engaging commission agents at a very high rate of commission after opening different offices and in this way, public placement has been started at a high rate of interest violating the conditions imposed by the reserve bank of india and different provisions of the security and exchange board of india act, 1992 (hereinafter referred to as sebi act for brevity).22. ..... the learned counsel for the present petitioner further contended that immediately after promotion of the said company with the help of small scale industries development bank, the board of directors of the company with a view to augment its financial reserves and also for the purpose of funding its various projects decided to issue non-convertible secured debentures through private ..... from the issue of debentures, it is alleged, has been invested in fixed deposits in various banks as well as the state bank of india -- mutual fund till the amounts are required for the projects of the company.17. ..... the learned counsel accordingly, contended that the said company never indulged in any financial activities or banking activities and its main activities are for manufacturing of steel, flori-culture, bio-technical products, food processing, publishing newspapers ..... different service centres were set up by the company at different places and the relevant documents and correspondence were delivered personally by a representative .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal208,63CWN147,(1959)ILLJ587Cal
..... the secretary did not exercise the legislative power of declaring the penalty or fixing the punishment for grazing sheep without a permit, but the punishment is imposed by the act itself the offence is not against the secretary, but, as the indictment properly concludes, 'contrary to the laws of the united states and the peace and dignity ..... there are numerous cases in which the courts have sustained, as against this objection, statutes authorizing administrative boards, commissions and officers to make and promulgate rules, regulations, and orders on a specified subject, and providing that a violation of such rules or orders should constitute a misdemeanour, punishable as ..... on behalf of the petitioners has taken the following points before me: (1) that the power to impose penalty for violation of the provisions of a scheme as given in section 9 of the act, and the provisions as to penalty as made by government in clause 70 of the scheme, constitute improper delegation, and the exercise of powers improperly delegated, and are therefore void under the ..... indian mines act 1923 has now been repealed and we have now 'the coal mines act 1952' being act xxxv ..... the colliery, raise and sell its coal, employ staff and labour, accept all payments for any coal despatched out of the mines, open and operate accounts with any bank in the name of the company. ..... , such services as will ensure the objects of certain forest reservations, namely, to regulate their occupancy and use and to preserve the .....
Tag this Judgment!Court : Kolkata
Reported in : [1965]35CompCas706(Cal),69CWN369
..... under an overriding contract undertakes to do his best to find a market for the manufacturer's stock, who is given some special advantages, such as a special discount or preference in complying with his orders; but who in each particular contract acts as a buyer from the manufacturer and sells at whatever price he can get, unless--as is sometimes the case--he is by a special provision in the overriding contract forbidden to sell too cheaply or required not to spoil the market by asking ..... it was the promise of the plaintiffs to put their organisation and their services at the disposal of the defendants which formed the consideration for the promise on the part of the defendants to entrust to the plaintiffs the selling part of the ..... (10) delca shall be entitled to the following commission on the price at which the goods are actually sold by them to their own buyers at the following rates: (a) on jute backing cloth and burlap having a width of hundred inches or more : at the rate of 12 per cent, of ..... the directors be and are hereby empowered to make such modifications in the agreement as may be deemed necessary in order to comply with the suggestions, if any, that may be made by the reserve bank of india while approving the agreement. ..... further that the directors be and are hereby empowered to make such modifications in the agreement as may be deemed necessary in order to comply with the suggestions, if any, that may be made by the reserve bank of india while approving the agreement.' 7. .....
Tag this Judgment!Court : Kolkata
Reported in : [1998(79)FLR426],(1998)ILLJ922Cal
..... 26 of the esi (general) regulations, 1950 requires every employer to send a return of contributions in form 6 in quadruplicate along with the receipted copies or challans for the amounts deposited with the bank to the appropriate office by registered post or messenger, in respect of all employees for whom contributions were payable in a contribution period, so as to reach that office within 42 days of the termination of contribution period to which it relates, while under ..... averment on the point in the complaint did constitute a factor that weighed with his lordship in holding that the concerned directors were not principal employers within the meaning of section 2(17) of the esi act.the impugned case with which we are presently concerned in the instant revision is at its preliminary stage and is yet to reach the stage when the trial is to begin. ..... the subsequent offence for the commission of which provisions of enhanced punishment as laid down in section 85a, are sought to be pressed into service on behalf of the prosecution as against ..... under the act and the regulations, every principal employer is required to pay contributions in respect of every employee within 21 days of the last day of the month in which the contribution falls due and to submit return of contributions in form 6 in quadruplicate along with the receipted copies of challans for the amounts deposited with the bank within 42 days from the date of expiry of each ..... 34 of 1984 in the court of chief judge, city civil .....
Tag this Judgment!Court : Kolkata
Reported in : (1994)2CALLT254(HC),1995CriLJ1358
..... and the registered office of the company having thus, admittedly, long been shifted from durgachak, haldia, (district-midnapore) to calcutta, in the absence of any specific allegation in the fir about the commission of any specific offence at haldia, within the local limits of the jurisdiction of the sdjm at tamluk, the relevant case/proceedings before him could not clearly lie and proceed according to law.19. ..... relying upon the said decisions, he had submitted that the power of the police to investigate into a report which discloses the commission of a cognizable offence is unfettered, and cannot be interfered with by the high court in exercise of its inherent powers under section ..... 1989 cri lj 1013, had submitted that the power of the police to investigate into a report which discloses the commission of a cognizable offence is unfettered and cannot be interfered with by high court in exercise of its inherent powers under section ..... not within the province of the police to investigate into a report (fir) which does not disclose the commission of a cognizable offence and the code docs not impose upon them the duty of inquiry in such cases ..... as alleged in the fir, provide for particular remedy under the relevant provisions of the companies act, 1956, more particularly, the provisions of sections 235, 237, 239, 240, 241 and ..... dated 3-8-94 had directed the said application to appear in the list as listed motion on 5-8-94 upon due service to the opposite-party-state. ..... april, 1984 respectively .....
Tag this Judgment!Court : Kolkata
Reported in : 1988(18)ECC16,1988(18)LC556(Calcutta),1988(36)ELT225(Cal)
..... minister clearly represented that the modvat scheme was extended to food products and other products and that the programme would be implemented in a phased manner within a period of one year and that when acting on such representation, the petitioner company had fixed a price on a long term basis, the action on the part of the respondent no. 1 in withdrawing the modvat benefit to aerated waters was ..... from time to time, exempted all excisable goods on which the duty of excise is leviable and in the manufacture of which any goods falling under item 68 of the first schedule to the said act, had been used as raw-materials or component parts from so much of duty of excise leviable thereon as was equivalent to the duty of excise already paid upon the said raw-materials are components ..... hold that merely because the petitioners had increased the price of aerated waters on the basis of the policy of the central government, does not and cannot amount to acting to the prejudice and alter the position of the petitioners to his detriment and under such circumstances, i hold that the necessary ingredients for establishing promissory estoppel are ..... . if the government has power to make law today and to repeal the law next day, in that event, an action taken on the basis of the policy statement made before the parliament by the prime minister and finance minister can ..... . reported in : [1984]145itr272(delhi) wherein it was held by the full bench of delhi high court that the principle of .....
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