Judgment Search Results Home > Cases Phrase: bombay lotteries control and tax and prize competitions tax act 1958 maharashtra Court: kolkata Page 1 of about 53 results (0.969 seconds)

Md. Taha and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1966Cal359,69CWN801

..... in that case the validity of certain amendments to the mysore lotteries and prize competition control and tax act, 1951, were challenged on the ground of repugnancy having regard to the provisions of a central act, namely, the prize competitions act, 1955. ..... the mysore legislature had previously passed a resolution adopting the central act and it was contended that by reason of this adoption of the central act, the mysore legislature was no longer competent to pass any law with regard to the prize competitions because the whole matter including the power of taxation was surrendered in favour of parliament. ..... in this case it was urged that by reason of the enactment of sections 129a and 129b of the bombay prohibition act, 1949, section 510 of the criminal procedure code stood repealed in its application for offences under section 66(1) of the bombay prohibition act and in support of this contention reliance was placed on article 254(2) of the constitution. ..... state of maharashtra, air 1963 sc 1531. ..... state of west bengal : (1958)iillj61cal , for the proposition that where possible a construction which harmonised two statutes within the respective legislative competence of the state legislature and the central legislature should be preferred to the construction which created a conflict or repugnancy. 18. .....

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

Court : Kolkata

..... district magistrate, hooghly, to md of tm addressed to tms bombay office it is stated, inter alia, as follows: in terms of sub-section (1) and sub-section (2) of section 4 of the singur land rehabilitation and development act, 2011, the land stands vested to the state government free ..... of vesting and further extended the meaning of the land by including all assets, rights, leaseholds, powers, authorities, privileges and all properties movable and immovable including the land and structures, if any, standing thereon and possession, power or control of the land and right or whatsoever nature relating thereto and shall all ..... act as a delegate of the legislature and section 5(2) empowers him with the procedural standards and he has to act only under the power conferred by the statute to facilitate his determination and that is the reason in every statute there is section engrafted where an adjudicatory body is set up and that is why further provision has been given in section 131 of the income tax act ..... maharashtra and ..... 1958 sc 538 para 11, 12, where the court held as follows:-(f) that while good faith and knowledge of the existing conditions on the part of a legislature are to be presumed, if there is nothing on the face of the law or the surrounding circumstances brought to the notice of the court on which the classification may reasonably be regarded as based, the presumption of constitutionality cannot be carried to the extent of always holding that there must be some undisclosed and .....

Jay Engineering Works Ltd. and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1968Cal407,72CWN440

..... to prevent -- whoever, being a public servant intending to facilitate or knowing it to be likely that he will thereby facilitate the commission of an offence which it is ms duty as such public servant to prevent.voluntarily conceals, by any act or illegal omission the existence of a design to commit such offence, or makes any representation which he knows to be false respecting such design.if offence be committed -- shall, if the offence be committed, be punished with imprisonment of ..... the origin of trade unionism in india to 1890 when workers of bombay organised a union, and first collective representation of claims by workers in 1884 at a conference of factory workers to draw up a memorandum to the factory commission appointed by government of bombay since 1918 trade unions were growing both in number and volume, but they did not enjoy legal status and workers' right to organise in collective bodies or resort to ..... strike and the accused has prevented employees from entering the plant and had counselled or procured pickets acting under their control ..... . here, the 'state' which includes its income-tax department has by an illegal order denied to the petitioner as compared with other bidi merchants who are similarly situate, equality before the law and the equal protection of the law and the petitioner can legitimately complain of an infraction of his fundamental right under article 14 of the constitution.coming back to the facts of the instant case, ..... (1958)iillj259sc ..... ..... .....

Association for Protection of Democratic Rights Vs. State of West Beng ...

Court : Kolkata

Reported in : 2007(4)CHN842

..... jurisdiction to cases where legal wrong or legal injury is caused to a determinate class or group of persons or the constitutional or legal right of such determinate class or group of persons is violated and as far as possible, not entertain cases of individual wrong or injury at the instance of a third party, where there is an effective legal aid organization which can take care of such cases. ..... violation of any constitutional or legal right or any burden is imposed in contravention of any constitutional or legal provision or without authority of law or any such legal wrong or legal injury or illegal burden is threatened and such person or determinate class of persons is by reason of poverty, helplessness or disability or socially or economically disadvantaged position, unable to approach the court for relief, any member of the public can maintain an ..... give orders to the party to load, when he thinks fit loading without such orders it strictly forbidden;(vi) for the purposes of fire control he shall ordinarily divide his force into sections of not more than ten men each and place each section under a responsible commander;(vii) if the party is, or is likely to be, attacked from two directions, he shall ..... made under section 9(1a) of the madras maintenance of public order act, 1949 on 1st of march, 1950 whereby the entry and circulation of the bombay journal in english called cross roads was barred in the state ..... maharashtra and ..... bombay reported in 1958 ..... tax officer, calcutta range-1 and .....

Kishwar Jahan and anr. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2008(3)CHN857

..... of petition on the respondents in each case where interim relief is prayed for which might affect them, the cbi was well within its jurisdiction to note the contents of copy of the writ petition supplied to it and to act on the basis thereof, it has not been shown before this court that contents of copy of the writ petition supplied to the cbi by the petitioners was on any score different from the petition filed ..... to the facts that the report was one to assist the court to record a satisfaction that the cause of death of riz has been ascertained with additional information relating to complicity of persons in connection therewith and that chargesheet under section 173 of the code of criminal procedure has not been filed, it was beyond the jurisdiction of the cbi to include in its report filed before this court the recommendation for ..... by the respondent or to examine himself or anyone else as a witness; the court having been satisfied that the son had been unauthorisedly taken away by the appellant from the lawful custody of the respondent and was being illegally detained by him, a writ of habeas corpus was issued directing the appellant to produce his son before the court so that custody of the child could be given to the respondent: ..... india and : [1993]2scr300 , state of maharashtra ..... state of bombay; : ..... : [1965]3scr71 , sales tax officer, jodhpur v ..... . income tax officer; : [1986]2scr17 , comptroller & auditor general ..... : [2001]252itr1(sc) , commissioner of income tax v. .....

Surajmull Nagarmull and ors. Vs. the Commissioner of Income Tax

Court : Kolkata

Reported in : AIR1961Cal578

..... opinion will be useful for or relevant to any proceeding in respect of the assessee noted in the margin (herein ( )) under the indian income-tax act may be found and to examine them if found; (ii) to seize any such books of account and other documents and place marks of identification thereon and make extracts and copies therefrom; (iii) to make a note or any inventory of any other articles or things found in the course of the search aforesaid which ..... muthiah's case, : [1956]29itr390(sc) , the same field was occupied by two statutory provisions (section 5(4) or 5(1) of the taxation on income (investigation commission) act on one side, and section 34 (old and amended) of the indian income-tax act, on the other), disclosing drastic differences in procedure and consequence, and it was left to the executive to make a selective application of either the one or the other provision, without there being any classification made by the legislature, or any ..... (7a) of the income-tax act against the charge of naked, arbitrary and uncontrolled power observed as follows :'the power is guided and controlled by the purpose which is to be achieved by the act itself-viz. ..... the matter thereafter came up for hearing before me on 20th january, 1958 and after the hearing had progressed to a certain extent, i felt that it was necessary to make an order under rules 2 and 3 of chapter v of the original side rules, referring the matter to the ..... bombay police act. ..... prized freedoms, newly won then, have now after two .....

Ashok Kumar Kapur and ors. Vs. Ashok Khanna and ors.

Court : Kolkata

Reported in : 2008(1)CHN807

..... he further contended that the decision reported in air 1935 oudh 72 (supra) considered a question as to whether an order on an petition under section 34 of the said act was a decree or not and whether any appeal lay to the hon'ble high court the consideration of an appeal under clause 15 of the letters patent was not in issue in the case. ..... sole object of the fund is to provide on behalf of the employers (as defined in the rules of the fund) pensions or annuities to the members (as defined in the rules of the fund) upon their retirement from the service of the employers and/or the dependants (as defined in the rules of the fund) of the members in accordance with the rules of the fund for the time being in force (hereinafter referred to as 'the rules').42. ..... the company shall have no control over the trust fund. ..... their lordships also came to the conclusion that the trial court did not decide any matters in controversy arising out of a suit and their lordships also relied upon a decision reported in ilr 33 bombay 429 (trimbak mahadev v. ..... commissioner of income-tax, west bengal) and submitted that the principle of resulting trust will appear from the said decisions.15. ..... in this regard, he relied upon the decisions reported in 1958 chancery 300 (in re: gillingham bus disaster fund, bowman and ors. v. .....

Patent and Trade Mark Agencies Employees Union Vs. William Frederic De ...

Court : Kolkata

Reported in : AIR1964Cal80

..... trade marks act of 1940 stood repeated by the trade and merchandise marks act, 1958. ..... the main question was whether a group of hospitals which served as a clinical training grounds for students of the grant medical college, a government college run and managed by the state of bombay for imparting medical sciences leading to the degrees of bachelor of medicine and bachelor of surgery of the bombay university as well as various post-graduates qualifications of the said university were an industry within the meaning of the act. ..... this contention was negatived on the ground that having acquiesced in the jurisdiction of the income-tax officers to whom their cases were transferred the groups were not entitled to invoke jurisdiction of the supreme court under article 32 substantially because they had submitted to such, jurisdiction ..... the reason why the supreme court upheld the decision of the bombay high court was explained in national union of commercial employees v. m. ..... the result, the court was satisfied that the high court of bombay was right in coming to the conclusion that the conduct and running of the group of hospitals by the appellant amounted to an undertaking under section 2(j) of the act.19. ..... this case the central question was whether a firm of solicitors practising in bombay was pursuing an industry within the meaning of the industrial disputes act. ..... was no dispute that the hospitals were managed for providing medical relief and promoting the health of the people of bombay. .....

Commissioner of Income-tax Vs. Century Enka Ltd.

Court : Kolkata

Reported in : [1981]130ITR267(Cal)

..... view that even if one went by the popular sense in which 'nylon' was understood in the commercial or trading world, nylon-6 could still be called a petrochemical as was pointed out by the tribunal at bombay, and on this aspect, this tribunal agreed with the view expressed by the allahabad bench that 'petrochemical', construed in the popular sense or in the sense which people conversant with the subject-matter would attribute to it, ..... it appears to us, therefore, that there were sufficient materials for the tribunal including the materials which were used before the bombay bench tribunal and the allahabad bench of the income-tax appellate tribunal and were considered by consent of both parties in this case to come to a conclusion that nylon-6 comes within the expression 'petrochemical ..... the various documents produced on behalf of the assessee, the allahabad bench of the tribunal dealt with the question and observed as follows :'the assessee has given the various documents in its paper book from pages 52 to 85 consisting of : (i) assessee's letter dated 20-3-1974 to the additional commissioner of income-tax giving details, reasons and information with following enclosures : (a) extract from hack's chemical dictionary, (b) extract from webster's third international dictionary, ..... sales tax act, 1958. ..... , chief chemist, central revenues control laboratory, to which our attention was also drawn during the hearing of the reference and reliance was also placed on ..... revenue control laboratory .....

Manohar Rajaram Chhabaria Vs. Union of India and Ors.

Court : Kolkata

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

..... 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) diversion of nearly rs.100 crores through guwahati companies;(ii) swc funds used for financing jumbo (controlled by mrc) for acquiring shares in swc to bolster mrc ultimate control over swc;(iii) rs ..... relates to various aspects of financial transactions inter alia including the borrowing of the intercorporate deposits at high rates; lending of money to subsidiaries without interest or waiving of interest, writing of huge amount as bad debts, payment of unnecessary and exorbitant non-competition fee, exorbitant sales promotion expenses, unwarranted payments of consultancy and brokerage fee etc. ..... company funds; the company has been, year after year, writing of huge amounts as bad debts indicating that it has not been prudent in lending money after verifying the bonafides of the borrowers; the income tax authorities have conducted various raids on premises of the company as also in the residential premises of directors ..... . and maharashtra distillery limited and acquiring new companies like gauhati companies which are only paper companies; the company has not been paying statutory dues like ..... the occupancy right of very valuable premises at bombay and calcutta was given up for an unknown consideration. .....