Court : Kolkata
..... as to whether any principles is required to be laid down in a statute for determining the amount payable for deprivation of property or taking possession after the insertion of article 300a and deletion of article 31(1) & (2) of the constitution did not arise for the simple reason that the concerned statute, namely the roerich and devika roerich estate (acquisition and transfer) act 1996 provided for the principles to be applied in determining the amount by section 7 and section 8 of the act. ..... contended that the singur act singles out for treatment the vendors, tata motors limited by a prejudicial procedure which negates the general law of acquisition and it is done discriminatory, in its effect as well as in its operation and it exposes the vendors and tata motors limited to the arbitrary and whimsical decisions of the state and therefore ought to be ..... upon some decisions of swadeshi cotton mills national textile corporation vs. ..... that after the constitution forty-fourth amendment act has come into force, the right to property in articles 19(1)(f) and 31 had its obliteration from chapter iii, fundamental rights. ..... (1986) 4 scc 368, it has been held that as the acquisition was made directly by legislative determination, the question of giving hearing before enactment does not arise and that question of inadequacy of compensation could not arise as the act fell within the provision of article 31(c) of the constitution before it was amended by the constitution (42nd amendment) act, .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal407,72CWN440
..... . it was held that the question of reasonable classification need not be considered as the income-tax authorities had by an executive order, unsupported by law picked out the assessee and transferred all his cases unlimited in point of time it was further held that where substantial discrimination was inflicted on a person by an executive fiat which was not founded on any law ..... had taken different proceedings and different attitudes to the acquisition and award could not be joined in one application and since it was bound to fail with regard to some, because they had already availed themselves of an alternative remedy by was of reference, the whole application should fail and no effective order ..... in the police act 1861 and also in the other two acts operating in the limited areas of calcutta and suburbs of calcutta enjoin duties on police for prevention of crimes and protection of the community as a whole and individual members ..... in 1921, the madras high court granted an injunction restraining the madras textile labour union officials from influencing labourers in the buckingham and carnatic mills, from breaking their contract with their employers by means of a ..... . investigation is a normal preliminary to an accused being put up for trial for a cognizable offence that scheme in chapter xiv shows that the importance of the powers that has been given to the police and the duties that have been enjoined thereunder for enabling the magistrate to get the information regarding corpplaints ..... .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(4)CHN842
..... in favour of the rank and file of the cpi(m) and supporters of the land acquisition and against the protesters who are about ..... will arrange an all party meeting at the district level in presence of state level officials.i am assuring you that we extend all sorts of co-operation to regain the peace at nandigram.i do believe that you will also admit my proposal and take necessary step accordingly.i rely upon your good wishes in respect of the regain the peace at nandigram.once again i appeal to your goodself to ..... 2001 dated 8th november, 2006 whereby the question- 'whether the court can order the cbi established under the delhi special police establishment act, 1946 to investigate a cognizable offence which is said to have been taken place within the territory of a state without the ..... urge such a preliminary objection with a view to stifling at the threshold an enquiry by the court as to whether the workmen are living in bondage and under inhuman conditions..the government and its officers must welcome public interest litigation, because it would provide them an occasion to examine whether the poor and the down-trodden are getting their social and economic entitlements or ..... constitution of india and pil by some prominent christians seeking a direction that the investigation of a case be entrusted to cbi and the case be transferred from the ..... textiles from polymer and ..... part a of chapter x deals with ..... in the cases of edward mills company limited (supra), govind ..... jagannathan : [1986]2scr17 such .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(2)CHN546
..... . section 3(e) of the land acquisition act defines 'company' as meaning a company registered under the indian companies act, 1882, and includes a society registered under the societies registration act, 1960 and a registered society within the meaning of the co-operative societies act, 1912, under the land acquisition act the appropriate government is authorized by section 4 to notify that land is likely to be needed for a ..... learned counsel contends that the right to do business is property as held in saghir ahmad's case and that chapter iva of the act in effect transfers ownership of that business to the corporation, owned or controlled by the state, though not directly but by the dual process of preventing the citizen from doing the business and enabling the corporation to do the same business in his place and that result is effected by a device with a view to avoid payment of compensation for the ..... s. shukla, the hon'ble court held that the state raised a preliminary objection that the presidential order dated 27th june, 1975 made under article 359 of the constitution suspending the detenus right to enforce any of the rights conferred by articles 14, 21 and 22 of the constitution and the continuance of emergency during which by virtue of article 358 all rights conferred by article 19 stand suspended are a bar at the threshold for the respondents to ..... ., the court observed that in terms of the 1986 act, a person who was not juvenile could be tried in ..... palitana sugar mill (p) .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1999Cal156
..... jalanexecutive director,raigarh jute and textile mills ltd.36, chowringhee road,calcutta ..... it is now a trite law that the burden of proof in such cases is on the persons who are beneficiaries of the transactions so as to show that such transfers had taken place either by way of necessity and/or the same were advantageous to the company as has been held in turner morison (1980) 50 com cas 296 (supra), which burden the respondents have failed to ..... raghunath prasad jhunjhunwalla, reported in air 1976 sc 865, wherein an application had been filed by one group of shareholders for winding up of the company under section 433(f) of the companies act, the business was originally conceived as a partnership although the said business did not start, keeping in view the fact that the share pattern in the company was approximately in the same ..... as in the other two cases a preliminary objection had been taken as regard maintainability of the application, inter alia on the ground that as a suit having been filed, the instant application is not maintainable, and further the petitioners having no share in any companies other than akshay ..... jalan was authorised to operate said bank account also assumes ..... on principle of modern company law, chapter 10, 3rd edn. ..... , reported in : 1986(8)ecc189 the apex court after taking into consideration various decisions and treatises held that for certain purposes corporate veil can ..... : asiatic oxygen limited disposed of on 10th january, 1986 which has been followed by u.c. .....
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