Court : Kolkata
Reported in : AIR1985Cal56
..... seeks to recover any money payable to the state bank of india by way of certificate proceeding, was ultra vires the constitution.14. the bihar and orissa public demands recovery act like its counter part in west bengal, the bengal public demands recovery act seeks to recover -not only arrears of land revenue but also (a) other revenue, (b) demands of ..... to the language used in the various entries see balaji v. income-tax officer, : [1961]43itr393(sc) .16. the scheme of bihar and orissa public demands recovery act, 1914 is the same as that of the bengal act which was examined by bachawat, j. under section 9 the certificate debtor can file a petition denying his liability. under section 10 ..... schedule relates to 'public debt of the state'. entry 45 relates to land revenue and other allied subjects. the court that has been set up by the bihar & orissa public demands recovery act, however, is not for recovery of public debt of the state or land revenue only. a reference to the schedule i of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC670; [1985(50)FLR442]; (1985)IILLJ4SC; 1985(1)SCALE344; (1985)2SCC136; [1985]2SCR1065; 1985(17)LC775(SC)
..... on the demand of the union for departmentalisation of the workers working in the corporations' permanent owned large-size godowns, where work goes on all the year round in west bengal, bihar, orissa, assam and new delhi.ii) & iii) ...iv) in the meantime the food corporation of india management agrees to introduce the direct payment system to the workers working in their owned ..... in transit. the corporation adopted different methods at different places for employing labour for handling foodgrains. one such depot has been set up by the corporation at siliguri in west bengal state. number of workmen designated as handling mazdoor were employed at siliguri depot. at the relevant time, 464 workmen were attached to this depot. it appears initially a contractor was .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1986Cal132,89CWN700
..... incorporated and registered under the companies act is the appellant in the instant appeal and the said misc. case arises out of an application made by the west bengal financial corporation a statutory corporation under the state financial corporations act, 1951 under sections 31 and 32 of the act against the engineers (overseas) corporation ltd. and ..... it that by making special provisions for enforcing the mortgage, a discrimination has been made offending article 14 of the constitution. it has been held by the orissa high court that under the said provisions a very high judicial authority like the district judge has been empowered to adjudicate the disputes between the parties and ..... of the subordinate judge, the application is to be presented before the district judge and an appeal against the order, lies to the high court. the orissa high court has held that the provisions of the state act are more progressive and parties are likely to get better and quicker justice than what they would .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1656; (1985)87BOMLR461; (1985)3CompLJ198(SC); [1985]15ITR536(SC); 1985(2)SCALE225; (1985)4SCC59; [1985]Supp2SCR517; 1985(17)LC1016(SC)
..... , the right to carry on the business on a long term basis subject to the renewal of the agreement. the first of the broad tests laid down in assam bengal cement co.'s case that the expenditure was made for the initial outlay squarely applies and on the finding that a capital asset had been acquired (a finding which has ..... on the light of surrounding circumstances.11. so far as these observations formulating the tests are concerned, they are not different from those laid down by this court in assam bengal cement co.'s case. the court then proceeded to apply these tests to the facts of the case and observed:examining the transaction from this point of view, it is ..... nature of a capital asset and, therefore, the payment was not deductible under section 10(2)(xv) of the act. the broad tests laid down by this court in assam bengal cement co. ltd.'s case have been accepted in several subsequent decisions of this court as also by the high courts in india.10. the facts in travancore sugars & chemical .....
Tag this Judgment!Court : Orissa
Reported in : 62(1986)CLT737; 1986(II)OLR578; [1987]65STC185(Orissa)
..... , namely, ramavatar budhaiprasad v. asst. sales tax officer. akola, air 1961 s.c. 1325 and m/s. motipur jamindary co. ltd. v. state of bihar, air 1962 s.c. 660 and state of west bengal v. washi ahmed, (1977) 3 s.c.r. 149 (air 1977 s. c. 1638) that in a taxing statute words of every day use must ..... authority issued a notice under section 12(4) of the orissa sales tax act pursuant to which the petitioner produced the. sales register, stock register, sale bills and stock transfer notes et cetera for examination of the assessing authority. the ..... is covered under the residuary item under entry no. 101 for which the rate of tax is 8 per cent as has been held by the taxing authority under the orissa sales tax act.2. the petitioner is a registered dealer and carries on business in 'vermicelli (semiya)' on wholesale basis on receiving the stock from hyderabad. the taxing .....
Tag this Judgment!Court : Patna
Reported in : AIR1987Pat175; [1987]66STC178(Pat)
..... far off jammu and kashmir in the northwest or from kerala in the deep south, which may have to pass through the state of bihar onwards to west bengal or assam. the requirement that such a form should be filled in before the transport of the goods may sometimes, if not always, ..... took the stand that if the notification and the prescribed forms are construed as applicable to inter-state trade in the sense of goods entering, bihar from another state and going out therefrom to yet another, then the impugned notification would plainly come under the mischief of bagrecha's case. however ..... the goods actually transported dated signature of the authority mentioned in column-i__________________________________________________________________1 2 3 4__________________________________________________________________form xxviii-bform of permit(see rule 42(2) of the bihar sales tax rules, 1983) (original -- not transferable)serial no.(to be filled in by the permit-holder before transport of goods)1. name .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC1109; (1987)1CompLJ211(SC); JT1987(1)SC425; 1987(1)SCALE311; (1987)2SCC295; [1987]2SCR223; 1987(1)LC641(SC)
..... various interested authorities and institutions. several authorities and institutions like the director of the zoo, the managing committee of the zoo, the public undertakings committee of west bengal, the indian wild life board, leading ornithologists of the country, etc. had disapproved the taking away of the land from the zoo and leasing it to the ..... for the purpose for which the land was proposed to be transfered. the learned counsel invited our attention to several decisions of the court: rash bihari panda v. state of orissa : [1969]3scr374 ; r.d. shetty v. international airport authority : (1979)iillj217sc ; kasturi lal laxmi reddy v. state of jammu & kashmir : [1980]3scr1338 ; state of ..... held a public auction? to answer this question, we may refer to the cases cited at the bar.35. in rash bihari panda v. state of orissa (supra) the government offered the option to purchase kendu leaves to certain old contractors on the same terms as in the previous year. realising that the scheme .....
Tag this Judgment!Court : Rajasthan
Reported in : 1987(2)WLN500
..... of section 213. the learned counsel for the non-petitioner confronted with the above submitted that firstly in kanhai lal v. state of orissa and ors. : air1980ori27 a division bench in a case of hindu has held that in view of the supreme court judgment, the ..... or after the first day of september, 1870 with in the territories which at the said date were subject to lieutenant-governor of bengal or within the local limits of the ordinary civil jurisdiction of the high court of judicature at madras and bombay. clause (b) ..... section 213 read with section 57a & b are violative of article 14 of the constitution as whereas the hindu living in west bengal or madras and bombay is required to obtain probate before asserting his claim either as a plaintiff or defendant, to the property situated ..... a will there he would be treated differently from the other hindus who executes will in haryana or assam or bihar or other parts of the country. more over even if they are living in those parts of the country .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC2117; JT1987(3)SC492; 1987(2)SCALE469; (1987)4SCC238; [1988]1SCR1
..... a landlord to maintain an action for ejectment of his tenant. however, in other cases a certain period is prescribed. for instance, two months in bihar, west bengal and jammu and kashmir, three months in goa and tripura, four months in uttar pradesh, six months in bombay and rajasthan. again some rent acts ..... is reflected in the different provisions made in different acts about the grounds for eviction. for example, in case of assam, meghalaya, andhra pradesh, delhi, haryana, orissa, tripura, east punjab, madhya pradesh, tamil nadu, kerala, mysore, himachal pradesh and pondicherry, no particular duration for arrears of rent is prescribed, which would entitle ..... rent controller or by such authority as the court may direct.10. our attention was drawn to several statutes, namely, maharashtra, karnataka, kerala. west bengal and numerous others where there are provisions for re-induction of the tenants in the premises after reconstruction. most of the provisions of other statutes provide for .....
Tag this Judgment!Court : Orissa
Reported in : 1989CriLJ364
..... the detaining authority to conclude that the detention of the detenu was necessary. in the case of dhurus kanu v. state of west bengal : 1975crilj459 , the supreme court also upheld an order of detention that was based on a single incident where the detenu was found removing ..... state of bihar : 1975crilj543 as well as the decision of the supreme court in the case of sushanta goswami v. state of west bengal air 1969 sc 1004. in kuso sah's case : 1975crilj543 no doubt, the ..... counsel places reliance on the decision, of this court in the case of pabitra kumar sahoo v. state of orissa (1988) 65 cut lt 416 : 1989 cri lj 360 and the decision of the supreme court in the case of kuso sah v. ..... decision of this court in the case of mohan behera v. state of orissa o.j.c. no. 1717 of 1987, decided on 20-7-1987 (since reported in 1988 cri lj noc 38 (orissa)) in somewhat similar, circumstances where the detenu had entered inside the hostel premises .....
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