Judgment Search Results Home > Cases Phrase: bayaluseeme development board act 1994 Court: kolkata Page 1 of about 590 results (0.135 seconds)

Sanwar Agarwal Vs. Commissioner of Customs (Port) and Ors.

Court : Kolkata

..... :(1) in this writ application the petitioner challenges the legality and/or validity of circular no.19/2013-cus dated 9th may, 2013 issued by the central board of excise and customs.ministry of finance, (department of revenue).government of india relating to classification of filters referred to as disposable sterilized dialyzer and microbarrier for filtering blood ..... in this connection, rule 3(a) of the general rules for interpretation of the firs.schedule to the customs tariff act makes it very clear that the heading which provides the most specific description shall be preferred to headings providing a more general ..... notice, circular, guidelines etc.which are contrary to statutory laws cannot be enforced as held by the hon ble apex court in the case of rajasthan state industrial development and investment corporation-vs. ..... this connection reliance was placed on a decision of the hon ble supreme court in the case of rajasthan state industrial development and investment corporation-vs. ..... rule 3(a) of the general rules for interpretation of the firs.schedule to the customs tariff act provides that when goods are, prima facie, classifiable under two or more headings, the heading which provides, inter alia, the most specific description shall be preferred to the headings providing a more general ..... of goods can only be changed by way of a notification as laid down in section 11a of the customs tariff act and every such notification has been laid before both houses of parliament. .....

Rajgaon Stores Company (P) Ltd. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : (2003)3CALLT119(HC)

..... , 1949-(1)(a) all mining leases granted before the commencement of the mines and minerals (regulation and development) amendment act, 1972 (if in force at the date of commencement of the mines and minerals (regulation and development) amendment act, 1994 shall be brought in conformity with the provisions of this act and the rules made thereunder within (two years from the date of the commencement of the mines ..... lease shall be brought into conformity with the provisions of this act and the rules made thereunder within (two years from the commencement of the mines and minerals (regulation and development) amendment act, 1994), or within such further time ..... mining lease, granted by the proprietor of an estate or tenure before the commencement of the mines and minerals (regulation and development) amendment act, 1972, have vested, on or after the 25th day of october, 1949, in the state government in pursuance of the provisions of any act of any provincial or state legislature which provides for the acquisition of estates or tenures or provides for agrarian reform, such mining ..... find that the supreme court held thereunder that by virtue of section 15 of the mines and minerals (regulation and development) act, 1957 enhancement of rate of dead rent in the public interest, during the subsistence of the contract, would .....

Gama Hotel and Resorts Private Ltd. and anr. Vs. West Bengal Industria ...

Court : Kolkata

..... he referred to the definition of 'building', 'industrial area', 'industry', and 'industrial estate' as defined in the various sub-sections of section 2 of the west bengal industrial infrastructure development corporation act, 1974 (hereafter the act) as well as provisions contained in sections 13 and 14 thereof detailing the functions and general powers of the corporation and contended that without earmarking sector iv as an industrial area in the manner required by the statute, the corporation by ..... appears from the document being annexure r-4 to the counter affidavit filed by and/or on behalf of the west bengal industrial infrastructure development corporation (hereafter the corporation) that the petitioners had applied for allotment of a plot of land in the said centre on 2.7.2004 ..... according to him, the decision conveyed by the commerce and industries department of the government of west bengal, contained in memo dated 25.3.1994 (annexure r-2 of the counter affidavit) is sufficient and adequate and that the contention advanced on behalf of the petitioner is misconceived and thus liable to be overruled ..... adheres to the statutory provisions, necessary 'consent to operate' would be issued at the end of the board but any violation of law shall be sternly dealt.14. ..... bose, leaned advocate representing the pollution control board in his usual fairness adopted a neutral ..... has already been hauled up by the west bengal pollution control board for not adhering to pollution control norms. .....

Tata Motors Limited and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

..... the decisions cited on behalf of the parties before us and after analyzing the submissions made on behalf of the parties it appears to us that the first question arose before us that whether the singur land rehabilitation & development act, 2011 is an act for acquisition and made under entry 42 of list iii of the 7th schedule or the state has enacted the said law under entry 18 of list ii of the 7th schedule.474. ..... such a grievance may be justified and the submission having substance but in view of the language of sections 15 and 16 of the act particularly explanation to section 16 inserted by act no.12 of 1994, this court has no option but to adhere to its earlier decision taken in real value appliances 1998 air scw 1924: ( air 1998 sc 2064) ( ..... appearing for the respondent has submitted that such an interpretation would defeat the ends of justice and make the petitions under the companies act, infrauctuous inasmuch as any unscrupulous litigant, after suffering an order of winding up, may approach the board merely by filing a petition and consequently get the proceedings in the company case stayed. ..... further submitted that principles laid down in the decision of munshi singh case (supra) and mp housing board case is still good law and has not been diluted as has been alleged by state.110. ..... (1992) 2 scc 168 where the three judge bench of supreme court held for residential purpose and housing scheme of housing board as hopelessly vague and conveying no idea of public purpose.109. .....

Bengal Peerless Housing Development Co. Ltd. Vs. Urmila Roy and ors.

Court : Kolkata

Reported in : 2007(3)CHN640

..... incorporation of joint sector company namely bengal peerless housing development company limited for execution of the housing project by the state government and the west bengal housing board is absolutely valid and legal in the eye of law, and the said joint sector company has been incorporated in public interest and for a public purpose.referring to the notifications issued under sections 4, 6 and 9 of the act 1 of 1894, learned standing counsel submits that the ..... scheme is 'bengal peerless housing project' which will be implemented by the government at public expense and for a public purpose in terms of the notifications issued under sections 4 and 6 of the said act 1 of 1894.it is true that in the notifications issued under section 9 of the said act government has specifically identified the housing scheme as bengal peerless housing project but it has never been mentioned in the said notification that the land in question will be needed ..... in paragraph 11 of the stay application, it is clearly stated that 'might be initially it was the proposal of a joint sector company namely the bengal peerless housing development company limited but such proposal was routed though by west bengal housing board, having been approved and accepted by the state of west bengal. ..... under the revised notification dated 17.12.1994, three per cent of the seats have been reserved for candidates belonging to uttar anchal areas ..... the bengal peerless was duly incorporated as a joint sector company on 20.05.1994. .....

M/S. D.R.M. Steel Industries Private Ltd. Vs. Board for Industrial and ...

Court : Kolkata

Reported in : AIR1996Cal54,(1995)2CALLT181(HC),[1998]93CompCas667(Cal),100CWN257

..... liabilities accruing or arising thereunder before the said date, shall remain suspended or shall be enforceable with such adaptations and in such manner as may be specified by the board; under sub-section (4) of the said act when any declaration is made the same shall have effect notwithstanding anything contained in companies act, or any other law, the memorandum and articles of association of the company or any instrument having effect under the said ..... supreme court took such view because of a specific finding that the entire cause of action culminating in the acquisition of the land under section 52(1) of the act in question arose within the state of rajasthan as the impugned notification under section 52(1) of the act became effective the moment it was published in the official gazette and the land in question vested in the state free from all encumbrances immediately with the ..... after further hearing the matter as also considering the legal opinion submitted by the state bank of india and considering the interpretation of the word 'owner' in section 3(f) of the industrial (development) regulations act, 1951, the b.i.f.r. ..... court ultimately by an order dated 28th february, 1994 dismissed the special leave petition with liberty to the ..... by an order dated 15th october, 1994 has rejected the reference and closed the proceeding on the ground of want of jurisdiction on the basis of the application of ..... from a communication dated 16th october, 1994 of an advocate of respondent no. .....

West Bengal Madrasah Education Board and anr. Vs. Shaikh Sahajamal and ...

Court : Kolkata

Reported in : 2005(2)CHN67

..... seek any financial help from the government and if there is congenial atmosphere and urgent academic need in that area, the government used to recommend prayer of these schools to west bengal board of secondary education for recognition without any financial liability.i can assure that discrimination will not be committed upon the different schools while considering recognition or upgradation of any school, and director of ..... with which we are concerned here, are the west bengal board of secondary education act, 1963, the west bengal council of higher secondary education act, 1975 and the west bengal board of madrasah education act, 1994.4. ..... there is any necessity of setting up of any junior high school, then rural development and panchayat department used to set up sishu siksha kendra where the teachers will be ..... the madrasah established by the writ petitioners/ respondents are better than similar facilities available with other similarly placed institutions, which have got recognition, the government and the board have decided not to recognize the madrasah established by the writ petitioners/ respondents for such shortcomings in relation to those facilities. ..... , that no junior high school will be recognisd with financial aid from the government is contrary to the directions of the constitution and, accordingly, if necessary, the government as well as the boards, established by the said acts, will be required to recognize junior high schools with financial aid from the government.16. .....

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

Court : Kolkata

Reported in : (2005)2CALLT114(HC),2005(4)CHN376

..... west bengal town & country (planning & development) act, 1979 and therefore, cannot treat the land as 'karkhana' land and refuse to use the same for residential purpose even though the same has been specifically mentioned in the land ..... in question and as such by the written communication dated 28th november, 1991, asked the petitioner to rectify the building plan following the provisions of the west bengal town & country (planning & development) act, 1979.36. the authorities of the south dum dum municipality can under no circumstances ignore the land use map prepared in respect of the areas of the said municipality under the provisions of the ..... writ petitioners that the west bengal land reforms act has ceased to be applicable to the municipal areas particularly to the areas under the jurisdiction of the municipalities mentioned in the gazette notification dated january 20, 1994 apart from the territorial zone of the kolkata metropolitan development area.13. mr. ..... in view of the detection of the aforesaid mistake in recording the classification of the land in question, board of councillors of the said south dum dum municipality resolved that the building plan submitted on behalf of the writ petitioners cannot be sanctioned on the basis of the wrong recording ..... cantonment board reported in (1992)3 scc 455, paragraph 24 which has .....

F.C.i. and anr. Vs. Assistant Labour Commissioner (Central) and ors.

Court : Kolkata

Reported in : 2007(4)CHN191,(2008)ILLJ1107Cal

..... 21st november, 1996 wherein it has been specifically provided that all future claims of gratuity are to be decided as per the 1972 act but in view of section 4(5) of the payment of gratuity act, the right of an employee to receive better terms of gratuity under dcrg regulations regarding counting of prior service will continue to remain ..... these appeals claimed the right to receive better terms of gratuity as provided in the regulations and protected under section 4(5) of the payment of gratuity act and therefore, the said claim to receive better terms of gratuity under section 4(5) has to be made before the controlling authority constituted under the payment of gratuity act and the said controlling authority is competent to decide such claims of the employees in terms of section 7(4)(b) & (c) of the said payment ..... gupta submits that the alc has been appointed in the present case under section 3 for the administration of the said act but the said jurisdiction of alc obviously includes those conferred on him under section 7(4) which authorises the alc in the instant case to decide as to the admissibility of any claim of, or in relation to, any employee ..... the 1972 act as amended by the payment of gratuity (amendment) act, 1994. ..... gratuity on retirement on expiry during the service in this organisation.considering the gravity of the matter you are requested to take follow-up action in a time-bound manner and apprise this office its development from time to time.yours faithfully,sd/- d.l. .....

Commissioner of Commercial Taxes Vs. West Bengal Taxation Tribunal and ...

Court : Kolkata

Reported in : [2000]120STC453(Cal)

..... milk powder were intercepted at chichira check-post and detained by commercial tax officer, chichira check-post under section 70 of the west bengal sales tax act, 1994 (hereinafter referred to as 'the said act') on the ground that the officer concerned had reason to believe that the said goods were being transported in contravention thereof. ..... but excluding the supreme court of india for adjudication or trial of disputes or complaints or offences with respect to all matters of levy, assessment, collection and enforcement of any tax under any specified state act and matters connected therewith or incidental thereto :provided that where the matter relates to disposal of question of constitutional validity of any provision of any specified state ..... by an order dated december 16, 1999, the learned tribunal, inter alia, arrived at the following findings :'therefore, if it is found, as we will presently see, that the act of initiating a criminal proceeding is a play just to frustrate the order of this tribunal, this tribunal has and shall exercise jurisdiction to see that the order of this tribunal is meaningfully honoured and not nullified by ..... , filed an application for release of the said goods questioning the seizure thereof in terms of section 8 of the west bengal taxation tribunal act, 1987, on december 8, 1999, whereupon the learned tribunal directed that the goods as also the documents be released within 24 hours. ..... these matters pending till tomorrow to watch the development. .....