Court : Kolkata
Reported in : [1980]50CompCas219(Cal)
..... of all that the said transfer would be completed on or before the 1st of june, 1974, after obtaining the consent and approval of the reserve bank of india under the provisions of the foreign exchange regulation act, secondly, the vendee shall take over and retain in its employment all the staff, employees, workmen and other personnel employed by the american company at various places in india, on the same terms and conditions ..... although in such a case before the termination of b and a person as trustee for the intended company, by which it was stipulated that b should be a director and should not be removed and although, such agreement was acted upon, yet no contract adopting it was entered into between the plaintiff and the company, and it was held in that case that there was no contract between b and the company, and as such no order of injunction ..... in fact, it is the case of the respondents that at a meeting held on 9th of january, 1978, at the extraordinary general meeting of the indian company, the company has decided that the petitioner should not act as a director of the company, in the interest of the company. ..... union, lahore) it has been held, 'the issue of a temporary injunction is governed by the same principles as the grant of a permanent injunction at the trial of a ..... university of delhi ..... university of delhi), where specific performance of a contract of personal service was not ..... bag, east calcutta, within the jurisdiction of this court, at madras, new delhi, bombay and .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal483,67CWN662,[1962(4)FLR121]
..... the government of india, ministry of home affairs addressed a letter to the appellant inter alia, as follows:'it was brought to the notice of the government of india that your age at the time of passing the matriculation examination of the patna university held in april 1918, was 16 years 3 months, according to the entry against your name in the results of that examination published in the bihar and orissa gazette, dated the 26th june, 1918 ..... function which is hereby directed to be perform-ed by the high court in the exercise of its appellate jurisdiction may be performed by any division court thereof, appointed or constituted for such purpose in pursuance of section 108 of the government of india act, 1915; and if such division court is composed of two or more judges and the judges are divided in opinion as to the decision to be given on any point, such point shall be decided according to the opinion of the majority of the ..... why a writ of prohibition should not be awarded on the ground that the applicant was not a subject of the king nor resident within the united kingdom and had not been in the united kingdom except for temporary purposes, nor with a view or intent of establishing her residence therein nor for a period equal to six months in any one year ..... . the petitioner did not produce any evidence before the chief justice of the calcutta high court, but on 12th august, 1959 he wrote a letter in which he dealt with the two pieces of evidence which he had been asked to explain .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(4)CHN327
..... the generality of the provisions mentioned in the said trust deed, the trustees shall, with the prior concurrence of the managing trustee, be entitled to exercise and execute and do all or any of the powers, acts and deeds as mentioned in clause (vii) of the said deed including to initiate defend, adjust, settle, compromise, compound and refer to arbitration all actions, suits, claims, demands and proceedings regarding the trust properties ..... , trustees must execute the duties of their office jointly, but this general principle is subject to the following exceptions when one trustee may act for all:(i) where the trust deed allows the trust to be executed by one or more or by a majority trustees; (ii) where there is expressed sanction or approval of the act by the co-trustees; (iii) where the delegation of power is necessary; (iv) where the beneficiary competent to contract consent to the delegation; (v) where the ..... injunction restraining the respondent authorities and wbtpo from undertaking any further construction or civil work either temporary or permanent on the entire plot of land of 18.11 acres demised to the petitioner no ..... , did not approve the decision of the delhi high court in the case of duli chand (supra), as universally true. ..... , calcutta).121 ..... in the calcutta decision, it was held that surrender in law means yielding up by the lessee of his interest in the lease and it thereby brings in extinction to the lease, so that the relationship between the parties to the lease .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)2CALLT327(HC),(2008)14VST499(NULL)
..... the argument of the state as well as the club held that there is no substantial change of the definition of 'sale' in the new act though language and/or phraseology has been changed and/or brought into the statute book borrowing the language of the article 366 of the constitution of india. ..... 2002] 40 sta 154, the state authority has started taking action to bring this club within the purview of the provision of the sales tax act, 1994 contending that by virtue of definition given in section 2(30) of the west bengal sales tax act, 1994 (hereinafter referred to as 'the act, 1994') which is incorporated almost adopting the language mentioned in article 366, sub-clauses (e) and (f), clause (29a) of the constitution of india ..... the undisputed fact is set out hereunder:the calcutta club limited filed the above application before the learned tribunal praying for declaration that the said club is not a 'dealer' within the meaning of the west bengal sales tax act, 1994 as there is no sale of any goods in the form of food, refreshment and drinks by the club to its permanent members and as such the club, the applicant, is not ..... read with the aforesaid article of the constitution of india now the club whether incorporated or unincorporated, will have to pay tax for supply of foods, drinks, beverages to its members permanent or temporary treating the same being inclusive and/or deemed definition of 'sale'.5. ..... , september 7, 1978 and in the case of hotels from the date of the judgment in the case of .....
Tag this Judgment!Court : Kolkata
Reported in : [2000(86)FLR7],(2000)IILLJ505Cal
..... on behalf of the writ petitioners as follows:'though a stand has been taken by the cmda that the petitioners were appointed in respect of a project and the project has been completed as far back as in 1978, there is no question of understanding the services of the writ petitioners, but this statement is not factually correct inasmuch as, the interim order was passed by this hon'ble court in 1988 and the petitioners have ..... petitioners are, therefore, directed to make a comprehensive (sic) application to the appropriate government within a month (sic) from this date under section 10(1) of the said act for abolition of contract labour under the appellant and if such application is made, the appropriate government shall dispose of the same within six months from the date of the ..... ''in the present case, no such notification has been published as far as 'vulcanisers' employed as contract labour under the calcutta port trust are concerned and until such a notification is published, the petitioners, in my view, cannot straightaway claim absorption ..... the writ petitioners are contract labourers who have been working under the respondent, calcutta metropolitan development authority (cmda for short) as security personnel in the howrah sub-way under direction and control of assistant engineer ..... the respondent has asserted that the project was of temporary nature and has been completed but the services of the writ petitioners have to be retained due to the ..... calcutta (sids for short) who are acting .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(2)CHN546
..... motilal (supra) the hon'ble supreme court has observed that the state has financial control over the university and though the expenditure has to be made by the university, the fund came from the contribution made by the various authorities under the circumstances which is a local fund. ..... subsequent thereto several notifications under section 4(1) of the land acquisition act, 1894 (hereinafter referred to the 'said act') were issued by the collector and were duly published on 21st of july, 2006 and 26th of july, 2006 in the calcutta gazette notices were also published in the daily newspapers one in bengali 'ganasakti' published on 21st, 23rd, 27th, 28th and 29th of july, 2006 and another in english 'the times of india' published on 21st, 22nd, 24th, ..... he submitted that the inadvertent acts on the part of the officer cannot vitiate the proceedings and reliance was placed upon the decision reported in : [1978]2scr178 [state of gujarat v. s.k. ..... in the decision reported in : [1978]2scr178 , state of gujarat and anr. v. s.k ..... in the decision reported in : [1978]2scr272 (mohinder singh gill v. ..... union of india : [1978]2scr621 clearly demonstrates that the requirement of reasonableness runs like a golden thread through the entire fabric of fundamental rights and, as several decisions of this court show, this concept of reasonableness finds its positive manifestation ..... ashok kumar]; : [1978]2scr178 [state of gujarat and anr. v ..... gordhandas bhanji]; : [1978]2scr272 [mohinder singh gill and anr. v .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal349
..... it is contended that the letter of appointment dated june 7, 1949, does not comply with the requirements of section 175(3) of the government of india act, 1935 and that in consequence there was no vaild and binding contract of service between the plaintiff and the government.7. ..... prior to this appointment she was working in the same department as a temporary anthropologist which office she relinquished before accepting the new appointment. ..... (g) the charges made against her and found to have been proved by the public service commission relate to acts anterior to her appointment to the post of permanent anthra-pologist during the probationary period and after the probationary period. ..... the fallacy of this argument is that suitability of a candidate for the office is not determined by a single act, if one act committed on the last date of probation is an instance of unsuitability of the candidate for the office, the offending officer can nevertheless be dealt with and suitable disciplinary action can be taken against him even after the ..... sd/- jyotirmoyee sarma.signature of relieved officer.station--calcutta designation: anthropologist.date--7th june 1949. ..... sometime after on december 1, 1956 the plaintiff was appointed a reader in sociology by the utkal university at a salary of rs. ..... of the chicago university in sociology. ..... she would not claim anything for the period after her appointment at the utkal university.37. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1990Cal421
..... the bank shall not be released of its obligations under these presents by any exercise by the owner of its liberty with reference to the matters aforesaid or any of them or by reason of any other acts of omission or commission on the part of the owner or any other indulgence shown by the owner or by any other matters or thing whatsoever which under law would, but for this provision have the effect of relieving ..... this context the division bench also observed as follows :--'in our opinion, no prima facie case has been made out by the plaintiff-appellant for issuing such temporary injunction so far as the said instruments executed by the bank are concerned. ..... , limited with its registered/head office at 96, garden reach road, calcutta-23 (hereinafter referred to as the 'contractor', which expression shall unless repugnant to the context or meaning thereof, include its successors, administrators, executors and assigns), a contract by issue of owner's letter of intent no.01/cc-27/175/al dated 8-1-85 and the ..... india : [1981]3scr300 (supra) and other decision, in such a case no temporary injunction should be granted. ..... also went into the question of the grant of temporary injunction in such cases. ..... : air1986sc1924 which affirmed the judgment of calcutta high court reported in : air1986cal356 , ..... opinion, in view of the principle of law now well settled as referred to above, the learned judge went wrong in allowing the application and confirming the order of temporary injunction. ..... , (1978) i all er .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1978Cal65,[1978]48CompCas649(Cal),82CWN61
..... sarkar formerly chief justice of the supreme court of india, in the exercise of powers conferred by section 3 of the commissions of inquiry act, 1962 to inquire into allegations which had been made to the government against certain concerns which had been included by the industrial licensing policy enquiry committee in the larger ..... in para 13 of this affidavit at page 55 of the paper book padmanavan has said: 'i say that under section 5 (1) (a) of the said act the reserve bank has power and necessary authority to see whether the purchase and sale transactions were in order from the exchange angle, whether the amount proposed to be remitted as the ..... :-- 'the foreign exchange regulation act, 1947..........was originally enacted as a temporary measure; it was placed permanently on the statute book by act 39 of 1957. ..... we have also been taken through some of the relevant provisions of the act but we have not been able to discover any indication in the act express or implied, direct or indirect that one of the purposes is to prevent concentration, of ..... the original act was a temporary one but it has been found that india continued to be short of foreign exchange end it was difficult to visualise that in any foreseeable future it will be possible to ..... , 1974, a summons was issued to bhotika under section 40 of the foreign exchange regulation act (hereinafter called 'fera') of 1973 by the enforcement directorate, government oil india, for his ..... , university road, bombay, applied ..... calcutta .....
Tag this Judgment!Court : Kolkata
Reported in : [1981]128ITR326(Cal)
..... the requirements which may be included in a notice under sub-section (2) of section 22 and may proceed to assess or reassess such income, profits or gains or recompute the loss or depreciation allowance; and the provisions of this act shall, so far as may be, apply accordingly as if the notice were a notice issued under that sub-section: provided that the income-tax officer shall not issue a notice under clause (a) of sub-section (1)-- (i) for ..... the requirements which may be included in a notice under sub-section (2) of section 22 and may proceed to assess or reassess such income, profits or gains or recompute the loss or depreciation allowance; and the provisions of this act, shall, so far as may be, apply accordingly as if the notice were a notice issued under that sub-section:provided that-- (i) the income-tax officer shall not issue a notice under this sub-section, unless he ..... act, 1961, for reopening the said assessment under section 147 of the said act was produced and placed before the court which is set out below: '(l) recorded reasons,office of the income-tax officer,companies district: i, c-ward, p-7, chowringheesquare, calcutta ..... university of lucknow, : (1977)illj68sc , this was a case where the appellant appeared before the selection board with full knowledge of the members constituting the board and what might be their ..... : [1978]2scr272 ..... [1978]115itr608 ..... [1978]115itr471 ..... [1978]115itr336 ..... [1978]111itr783 ..... : [1978]112itr568(cal) , where it was held that the officers mentioned .....
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