Judgment Search Results Home > Cases Phrase: calcutta high court jurisdictional limits act 1919 Court: punjab and haryana Page 3 of about 893 results (0.163 seconds)

National Fertilizers Limited and anr. Vs. Ishar Singh

Court : Punjab and Haryana

Reported in : (1991)99PLR463

..... 163, took the view contrary to that of calcutta high court as referred to above, inter alia holding that the right of declaration of date of birth and injunction restraining the bank from retiring the plaintiff was not a common law right but a right under special statute ..... the calcutta high court in titagarh jute factory ..... the plaintiff would be a workman and the company management sod the dispute referred to above being an industrial dispute, the appropriate relief can be claimed by having a reference made to the labour court under the provisions of the indus- trial disputes act as held by the bombay high court in the case of bank of baroda, referred to above. ..... it was held :-'it was therefore clear that the scheme of the industrial disputes act clearly excludes the jurisdiction of the civil court by implication in respect of remedies which are available under this act and for which a complete procedure and machinery has been provided in this act,'11. ..... provisions of the industrial disputes act were applicable which barred jurisdiction of the civil court. ..... executive in- structions as contained under the financial rules provided period of limitation within which date of birth could be corrected. ..... limited ..... and allowances along with the interest by imprisonment or by attachment of the properties of both the judgment-debtors i e the personnel officer and the general manager of the national fertilizers limited. ..... singh plaintiff was working as sealman under the national fertilizers limited. .....

Mapsa Tapes Pvt. Ltd. Vs. Union of India (Uoi)

Court : Punjab and Haryana

Reported in : 2006(201)ELT7(P& H)

..... reliance is also placed on judgment of calcutta high court in porcelain crafts and components exim pvt. ..... goods has been made in a case where duty has not been levied; which is to say that the date upon which the permissible period begins to run is the date of the order under section 47. the high court was, therefore, in error in coming to the conclusion that no show cause notice under section 28 could have been issued until and unless the order under section 47 had been first revised under section 130.9 ..... it is also submitted that summoning under section 108 of the act was also without jurisdiction.4. ..... . when the constitution makers have thought fit not to subject such regulation to constitutional limitations by recognition of a fundamental right to privacy, analogous to the american fourth amendment, we have no justification to import it, into a totally different fundamental right, by some process of strained construction ..... to substantiate the argument on the first question to the effect that once goods are cleared under section 47 of the act, finality attaches to the said proceedings and provision of seizure and confiscation was not applicable, reliance is placed on judgment of the hon'ble supreme court in escorts limited v. ..... to this limited extent the action of the income tax officer in starting proceedings under section 34 is open to challenge in a court of law ..... it is not necessary to refer to other part of the pleadings for decision of the limited issues argued before the court.8. .....

Executive Engineer and ors. Vs. Yoginder SarIn and anr.

Court : Punjab and Haryana

Reported in : (2000)126PLR813

..... of action neither wholly nor in part arose within the territorial limits of the calcutta high court. ..... being aggrieved by an order of government central or state or authority or person may have a right of action at law but it can be enforced or the jurisdiction under article 226 can be invoked of that high court only within whose territorial limits the cause of action wholly or in part arises. ..... it was held that high court at chandigarh shall have no jurisdiction where no part ..... acquisition of the land under section 52 (1) arose within the territorial jurisdiction of the rajasthan high court at the jaipur bench. ..... must be integral part of the cause of action sufficient to invest the high court with jurisdiction to entertain the petition. ..... in this case, part of cause of action shall be deemed to have arisen in view of clause c, of section 20 of the code of civil procedure within the territorial jurisdiction of amritsar court because acceptance of the tender submitted by the respondent was communicated to him at amritsar and some payments were made to him at amritsar and also because branch office of bikaner central ..... where acceptance of agreement was conveyed to the contractor at c, part of cause of action arises at c, court at c has jurisdiction to entertain the petition under section 14 and 17 of the arbitration act.'10. ..... the jurisdiction of the arbitrator to grant interest even for the period prior to the commencement of arbitration proceedings after the commencement of interest act, 1978 .....

Daljit Singh Ahluwalia Vs. Union of India and anr.

Court : Punjab and Haryana

Reported in : (2002)175CTR(P& H)229

..... we also dissent from the view taken by the calcutta high court in digvijay cement co. ..... in a case where the statement referred to in section 269uc in respect of the immovable property concerned is given to an appropriate authority, other than the appropriate authority having jurisdiction in accordance with the provisions of section 269ub to make the order referred to in this sub-section in relation to the immovable property concerned, the period of limitation referred to in the first and second provisos shall be reckoned with reference to the date of receipt of the statement by the appropriate authority having ..... 37-i and it was observed by the delhi high court that it was not certain as to which portion of the land would be surrendered to the state government in view of the orders having been passed under the urban land ceiling act and that the agreement to see was not capable of being made certain and was void as per section 29 of the indian contract act, the appropriate authority had found that the agreement to sell was a contingent contract ..... depending upon the orders of the competent authority under the urban land ceiling act and thus the appropriate authority took objections with regard to the legality of the transaction, which had nothing to do with violation .....

Present: - Mr. Anand Chhibbar Sr. Advocate with Vs. Union of India and ...

Court : Punjab and Haryana

..... the calcutta high court in rohit kumar's case (supra) held that the revenue has power to seize money lying in the bank accounts in terms of power conferred under section 110(3) of the act. ..... aggarwala, learned counsel for respondent no.4 has further referred to a single bench judgment of calcutta high court in rohit kumar versus union of india, 2002 (141) e.l.t.27 (cal. ..... , looking into the facts of the present case, we are of the view prima facie that before adjudication, in exercise of writ jurisdiction on the facts of this case, the high court ought not to have granted unconditional release of the cash. ..... incidentally, we are also required to decide whether the high court was justified in ordering unconditional release of the currency which allegedly represented the sale proceeds of the mis-declared goods, which, if proved, were liable to be confiscated under section 111 or section ..... is contended that the revenue has a power of seizure of documents and things in terms of the provisions of section 110(3) of the act, therefore, the action of the revenue in directing the bank to transfer the amount to the revenue is in exercise of the jurisdiction conferred under the aforesaid provisions. ..... in the high court of punjab and haryana at chandigarh date of decision ..... is pointed out that in respect of seizure of goods, the revenue has to issue show cause notice in time bound manner but in respect of seizure of documents or things there is no time limit for the issuance of the show cause notices. .....

Chiranji Lal and Bros. Vs. the State of Delhi

Court : Punjab and Haryana

Reported in : [1966]18STC240(P& H)

..... 183 a division bench of the calcutta high court declined to accept the contention that a narrow interpretation should be placed on the expression 'made on appeal' in section 39 of the letters patent and its application excluded from all cases in which the order is made in exercise of revisional jurisdiction. 13. ..... this was so decided by the allahabad high court on the ground that though section 12 of the limitation act was applicable to proceedings under the sales tax act, but the scope of section 12(2) was limited to 'an appeal, an application for leave to appeal and an application for a review of judgment'. 10. ..... 170 a division bench of the lahore high court decided that in computing the period of limitation for an application under section 66(3) of the income-tax act, for requiring the commissioner of income-tax to refer certain questions of law to the high court, the time requisite for obtaining certain copies was to be excluded by virtue of section 29 of the limitation act. ..... , or application for leave to appeal and an application for a review of judgment', and the words : 'any suit, appeal or application' in section 29 are not meant for the purpose of enlarging the scope of sub- section (2) of section 12 of the limitation act, but merely for the purpose of describing the nature of the proceedings to which sections 4, 9 to 18 and 22 are to be applied. .....

Sir Sobha Singh and Sons Private Ltd. Vs. Delhi Administration and ors ...

Court : Punjab and Haryana

Reported in : AIR1967P& H193; (1968)ILLJ752P& H

..... think, there is force in this contention which finds support from a decision of the calcutta high court in d.p. ..... cannot see why a party cannot in subsequent proceedings say that the previous decision of the tribunal, being a decision on a collateral or a jurisdictional fact by a court of limited jurisdiction, is not conclusive between them. ..... proposition sought to be laid down on behalf of the sangh were to be accepted, it would mean that in every case where the tribunal assumes jurisdiction, which in fact it has none, over a subject-matter by an erroneous decision, that will bind the parties for all times to come. ..... tribunal constituted under the industrial disputes act possesses a limited jurisdiction and has not been delegated with powers of general administration 'to finally decide its own jurisdiction. ..... a tribunal of limited jurisdiction may be invested with powers to deal with a subject-matter only if certain state of facts exists or it may be entrusted with jurisdiction also to determine the existence of such ..... the jurisdiction of the tribunal, which is a tribunal of limited jurisdiction, according to the learned counsel for the petitioner-company, depends on the establishment being an ..... the tribunal, therefore, assumes jurisdiction, by an erroneous decision, over a subject-matter which is not an industrial dispute covered by the industrial disputes act, i think, in fresh proceedings it would be open to any of the parties to show that the previous decision was without jurisdiction. .....

Nahar Spinning Mills Ltd. Vs. Assistant Commissioner of Income Tax

Court : Punjab and Haryana

Reported in : [1998]230ITR717(P& H)

..... union of india : [1994]210itr121(ker) ; and that of the calcutta high court in modern fibotex india ltd. v. ..... it has been argued by shri sawhney that the jurisdiction of the assessing officer under section 143(1)(a) is limited not only to the obvious but also to that which is deducible from the return as filed without doubt or debate. ..... sawhney, learned senior counsel for the respondents, has challenged the contention of the assessee against the powers of the assessing officer under section 143(1)(a) of the act, relying on a decision of the madhya pradesh high court in kamal textiles v. ..... we, therefore, do not think appropriate to enter into a discussion on the merits of the applicability of section 143(1)(a) of the act and the jurisdiction of the assessing officer to make adjustments thereunder. ..... cit : [1993]203itr658(bom) , have also been referred to in support of the plea that the assessing officer had no jurisdiction to reopen the account of the assessee to re-calculate the book profits or to recalculate the deduction under section 80hhc of the act.7. ..... the assessing officer, while reducing the deduction under section 80hhc of the act, looked into certain income shown by the assessee in its balance-sheet under the head 'other income'. ..... a return of income was filed by the petitioner under section 139(1) of the act before the due date (december 31, 1993), for the assessment year 1993-94 relevant to the accounting year ending march 31, 1993. .....

Durga Parshad Vs. Custodian of Evacuee Property 'P' Block, New Delhi a ...

Court : Punjab and Haryana

Reported in : AIR1960P& H341

..... to the conclusion that the judgment-debtor was precluded from raising the objection that the asansol court, to which a decree passed by the calcutta high court on the original side had been transferred for execution, had no jurisdiction to execute the decree on a different ground but ghulam hasan j. ..... when it arose between the parties to the decree, only by an application under section 47.in the same case it was laid down that for the purposes of determining the period of limitation for making such an application, article 166 of the limitation act would only apply when the sale was one which had under the law to be set aside, as for example, under order 21, rules 89, 90 and 91, civil procedure code, ..... were filed after section 17 was amended on 29th august 1951 has been found to be untenable, we are contraire dot hold that the objections on the grounds contained in section 17(1) of the act were not available to the custodian owing to the applicability of the rule of constructive res judicata.it was open to the custodian to have appealed against the order dated 19th august 1950 but that ..... ' or any other matter not enumerated in any other list'.such an entry is now to be found in list i--union list--of our constitution but as it did not exist in the government of indian act, resort could be had only to section 104 which authorised the governor-general to empower, by a public notification either legislature to enact a law with respect of any matter not enumerated in any of the lists. .....

Grover Nursing Home Vs. Income-tax Officer and ors.

Court : Punjab and Haryana

Reported in : (2001)167CTR(P& H)509; [2001]248ITR493(P& H)

..... 156, a two-judges bench of the supreme court dismissed the special leave petition filed by the revenue against the judgment of the delhi high court in which it was held that action under section 147 read with section 148 of the act cannot be legally taken with reference to the information in respect of which the limitation had expired.26. ..... section 132 before he takes action under clauses (i) to (v) of that sub-section, has reason to suspect that any income has been concealed or is likely to be concealed, by any person or class of persons within his jurisdiction, then, for the purposes of making any enquiry or investigation relating thereto, it shall be competent for him to exercise the powers conferred under sub-section (1) on the income-tax authorities referred to in that sub-section, ..... judicial precedents on the ambit and scope of sections 147 and 148 of the 1961 act, a two-judge bench of the supreme court held as under (page 477) :'from a combined review of the judgments of this court, it follows that an income-tax officer acquires jurisdiction to reopen an assessment under section 147(a) read with section 148 of the income-tax act, 1961, only if on the basis of specific, reliable and relevant information coming to ..... in laxmidebi mehta's case [1993] 70 taxman 399, a division bench of the calcutta high court held that where the first assessment proceedings had failed to result in a valid assessment due to lapse on the part of the income-tax authorities, they were not entitled to .....