Judgment Search Results Home > Cases Phrase: calcutta high court jurisdictional limits act 1919 Court: punjab and haryana Page 1 of about 893 results (0.335 seconds)

K.R. Beri and Co. and ors. Vs. Employees State Insurance Corporation

Court : Punjab and Haryana

Reported in : AIR1962P& H308; (1962)ILLJ579P& H

..... . atul chandra, air 1919 cal 381, where observations to the contrary were made by the calcutta high court and it was held that the benefit of section 14 cannot be allowed to a party for ..... dealing with this matter in his treatise on limitation act (sixth edition) at page 159 observe as under:'failure of a suit on the grounds that it is not maintainable or that it disclose no cause of action or is premature; such cases are not covered by section 14, as the suit fails, nor for defect of jurisdiction, etc ..... the earlier proceedings certainly were on the same cause of action and, therefore, he is entitled to the benefit of section 14 of the limitation act and if that benefit is allowed to him, it is stated by the learned counsel for the corporation, then the application would be ..... for permanent partial disablement had not arisen and, therefore, it was dismissed as premature and for proceedings which are taken at a time when cause of action had not arisen, no benefit under section 14 of the limitation act can be allowed to the corporation which has to file an application within the period prescribed under section 80 ..... as aforesaid the provisions of parts ii and iii of the india limitation act, 1908 shall so far as may be applied to every such ..... this application was opposed by the company on two grounds namely that it was barred by limitation and that there was no negligence or wrongful act on the part of the company which resulted in the accident giving rise to the claim .....

Shree Sumer Cotton Mills Vs. Firm Gupta Cotton Company and ors.

Court : Punjab and Haryana

Reported in : AIR2005P& H233; (2005)140PLR429

..... not only this, a full bench of calcutta high court also took the same view in manuda khateen and ors. v. ..... dealing with some of those decisions a full bench of the calcutta high court (s.p. ..... 5 of 1980 was published in the punjab government gazette dated 28.7.1980 which was not in the knowledge of the counsel for the petitioner at chandigarh and, therefore, the appeal was filed in the high court on 15.9.1980, but the 'registry of the high court returned the same on 19.9.1980 and immediately thereafter the appeal was filed before the district judge on 20.9.1980 along with an application seeking condonation of delay. ..... 1976 cal 415 wherein it was held as under:-'an order rejecting t he memorandum o f appeal following the rejection of an application under section 5 of the limitation act for condonation of the delay in filing the appeal is not a decree but an incidental order against which an application in revision under section 115 of the code may lie but no appeal under order 43, rule 1 of the code ..... 1 of 1980 enhanced the pecuniary jurisdiction of the district courts from rs. ..... it is true that the rejection of a plaint on the ground of limitation is a decree and that section 107(2) of the code provides that the appellate court has the same powers and performs the same duties as are conferred by the code on the courts of original jurisdiction in respect of suit. ..... there is an error apparent on the record in exercise of jurisdiction by the lower appellate court. .....

Union of India (Uoi) Vs. Harbans Singh Tuli and Sons and anr.

Court : Punjab and Haryana

Reported in : (1995)111PLR144

..... respondent made an effort to get the land exempted but having failed to get the land released from acquisition, filed writ petition in the high court at calcutta, supreme court, on the basis of these facts, held that the cause of action neither wholly nor in part arose within the territorial jurisdiction of calcutta high court. ..... the award has been filed or (if it has not already been filed) by the court in which it may be filed under sub-sections (1) and (4); (iii) all applications relating to the conduct of arbitration proceedings or arising out of the same are also to be filed in the same court (as in case (b) above); (iv) once an application has been filed in a court (having jurisdiction) under any of the sections of this act, that court alone will have jurisdiction to entertain subsequent applications with respect to the same arbitration. 6. ..... engineers india limited, acting as consultants for oil and natural gas commission, having a gas processing plant at hazira, issued an advertisement in leading newspapers of the country including that of west bengal inviting tenders for setting up a kerosene recovery processing unit. .....

Union of India (Uoi) and anr. Vs. Shree Ram Kanwar and ors.

Court : Punjab and Haryana

Reported in : AIR1958P& H365

..... different from the period prescribed for the same by the first schedule of the limitation act, and it is that period that will determine the period ..... high court passed by it in the exercise of its appellate jurisdiction, but as pointed out, there is article 151 of the limitation act which provides for a period of 20 days for an appeal from the date of the decree or order made by the high court in exercise of its original jurisdiction,it has been found that rule 4 is a special law within the scope of sub-section (2) of section 29 of the limitation act, and if it is intra vires the powers of the high court it prescribes for an appeal from the judgment of a single judge of the high court a period of limitation ..... )'this was followed by a special bench of the calcutta high court in chairman, budge budge municipality v. .....

Swatantra Land and Finance Private Ltd. Vs. the State of Haryana

Court : Punjab and Haryana

Reported in : AIR1975P& H52

..... and observed ;--'it is well settled that the jurisdiction of the high court on the reference is limited to the questions that are referred by the appellate tribunal and the high court cannot decide such questions that have not been referred -- vide b. ..... of the high courts and dissented from the view of the allahabad high court and of this court in hari krishan khosla's case, ilr (1958) 1 puni 854 = (air 1958 punj 490) (supra) with the following observation in paragraph 16 of the report:--'there is thus an abundance of authority for holding that a land acauisition court is entitled to go behind a reference made it bv a collector and determine whather the reference fell within the scope and ambit of the jurisdiction conferred upon ..... bombay, calcutta and lahore high courts, which have been noticed in this judgment were discussed and allahabad view was dissented from the conflict of judicial opinion was again noticed by jagat narayan. ..... the conflict of iudicial opinion held in paragraph 17 of the report :--'on a consideration of the entire matter, such as the relevant provisions of the act, and the decisions of the different high courts, it will be clear that the majority of the high courts are in favour of this view that a land acquisition judge in a reference under section 18 of the act can go into the question whether the application for reference was made within the time prescribed under sub-section (2) of section ..... a division bench of the calcutta high court (guha and r. c .....

Mash Trading Co. Vs. Commissioner of Income-tax, Delhi.

Court : Punjab and Haryana

Reported in : [1956]30ITR388(P& H)

..... and answer it on the merits and cannot refuse to answer on the ground that it did arise out of the tribunals order.the cases that have been discussed above show that -(i) the jurisdiction of the high court the income-tax act is advisory and a limited one;(ii) only such question of law arise out of an order of the tribunal which have been raised and dealt with by it;(iii) in order to raise a question of law the assessee or the commissioner, as the ..... calcutta agency limited where it was pointed out by that court that as the statement of the case prepared by the appellate tribunal under the rules framed under the income-tax act is prepared with the knowledge of the parties concerned and they have a full opportunity to apply for an addition or deletion from that statement, the high court in dealing with the questions should find and restrict itself to the facts contained in the statement of the case and it should ..... 'the same view was taken in the calcutta high court. ..... commissioner of income-tax and on the calcutta case commissioner of excess profits tax v. ..... ' it is true that this last case has reference only to the practice of the privy council but it is significant that the privy council has pronounced decisively in favour of the stricter view of section 66(1) of the income-tax act.the view taken in patna also accords with the madras and the calcutta view. ..... 'the next calcutta case is allahabad bank, ltd. v. .....

Commissioner of Income-tax, New Delhi Vs. S. Baldev Singh.

Court : Punjab and Haryana

Reported in : [1963]48ITR794(P& H)

..... 1955, by the income-tax officer making the assessment on the assessee under section 34 read with section 22(2) of the act calling on him to submit his returns of total income for each of the assessment years 1947-48 and 1948-49.the question arose in the subsequent proceedings whether the notices under section 34 had been issued within time and the appellate tribunal following the decision of the bombay high court in commissioner of income-tax v. ..... , calcutta, and on the 12th of december, 1951, the income-tax officer, calcutta, who had jurisdiction to make assessment on the company, passed an order under section 23a of the income-tax act as the result of which dividends ..... such a case the assessment of the shareholder can be reopened only under section 34(1)(b) of the act, and the period of limitation for serving a notice under that section is four years from the end of the year of ..... , is summed up in the headnote as follows :'although there is no period of limitation prescribed for making an order under section 23a of the income-tax act declaring that the undistributed profits of a company shall be deemed to be distributed to its shareholders, if the original assessment of the shareholder for the year in which the income so deemed to be distributed falls has already been ..... notice is served on the shareholder beyond the period of limitation, the reassessment proceedings would be invalid. ..... the notices had been issued beyond the period of limitation and therefore annulled the assessments. .....

Whether the Suit Is Not Maintainable?opd Vs. Shinder Singh Alias Jaswi ...

Court : Punjab and Haryana

..... bench of the calcutta high court approached the situation thus: the question whether non-compliance with the requirements of sub-section (2) of section 75 of the indian registration act is a defect in procedure or affects the jurisdiction of the registering officer has been considered by this court in two decisions ..... , that under section 5 of the indian limitation act the district registrar had jurisdiction to extend time for presenting a document for registration, but that contention ..... title or interest of the value of one hundred rupees and upwards to or in immovable property, but merely creating a right to obtain another document which will, when executed, create, declare, assign, limit or extinguish any such right, title or interest; or (vi) any decree or order of a court except a decree or order expressed to be made on a compromise and comprising immovable property other than that which is the subject-matter of the suit or kumar sudhir s201309.12 16:07 i attest to ..... any instrument relating to shares in a joint stock company, notwithstanding that the assets of such company consist in whole or in part of immovable property; or (iii) any debenture issued by any such company and not creating, declaring, assigning, limiting or extinguishing any right, title or interest, to or in immovable property except insofar as it entitles the holder to the security afforded by a registered instrument whereby the company has mortgaged, conveyed or otherwise transferred the whole or part of its .....

Ebrahim Aboobaker and anr. Vs. L. Achhru Ram

Court : Punjab and Haryana

Reported in : AIR1952P& H1

..... case an application was made for a writ of 'quo warranto' to be issued to a person resident within the original jurisdiction of the calcutta high court regarding the usurpation of an office by him without that jurisdiction. ..... was under section 45 of the specific relief act regarding a 'mandamus' to be issued to the textile commissioner whose office was at madras within the limits of the original jurisdiction of the madras high court regarding an act with reference to which the relief asked for was to take place beyond those limits. ..... their lordships held that the high court of calcutta had no jurisdiction in these circumstances to issue ..... that under article 226 of the constitution the only necessary condition for the issue of a direction, order or writ is that the person to whom it is to be directed should be within the territorial limits of the high court is based on the wording of the article and on the analogy of the exercise by the court of king's bench of jurisdiction in similar cases in england. ..... manakshah referred to two unreported judgments of the calcutta high court and the bombay high court in which those courts had before the promulgation of the constitution distinguished the 'parlakimedi case', (70 ind app 129) and the other cases decided by the privy ..... calcutta corporation', 11 cal 275, said :'the question is whether the principle of that case can be applied in the present case to the settlement of rent for land in ganjam merely upon the basis of the location of the .....

Bhagwan Singh and ors. Vs. Additional Director of Consolidation, Punja ...

Court : Punjab and Haryana

Reported in : AIR1968P& H260

..... calcutta high court, however, has taken a different viewaccording to that court, the jurisdiction which the high court exercises under article 226 is a special and limited jurisdiction ..... surjit singh, counsel for the petitioner, contends that the jurisdiction which the high court exercises under article 226 of the constitution, is a special type of jurisdiction and in the instant case, the impugned orders were not passed by 'any court of civil jurisdiction' within the meaning of section 141 of the code of civil procedure, and that, consequently, the provisions of order ..... deceased, petitioner, the learned counsel for sur-jit singh, respondent, contends that the provisions of order 22, rules 3 and 4 of the code of civil procedure and article 177 of the indian limitation act apply to these proceedings; and that the application of sukhdev singh and gur-charan singh for being brought on record, having been made more than 90 days after the death of jagta singh, is barred by ..... then, made an application under section 42 erf the act to the additional director of consolidation (respondent no. ..... deceased and the father of the petitioners, was prosecuting these proceedings before the consolidation authorities,he was present when the impugned order was passed under section 42 of the act by the additional director of consolidation. ..... of consolidation under section 21 (4) of the east punjab holdings (consolidation and prevention of fragmentation) act (50 of 1948) (hereinafter referred to as 'the act'). .....