Array ( [0] => ..... this court by forwarding the draft notification for its approval. approval of this court was accorded, however, irregularly it may be, by the registrar purporting to act on behalf of this court and thus leading the state to believe that there would be due compliance with the statutory requirement as and when the public ..... be frustrated if we accept the contention of the learned advocate-general and hold that this requirement of section 378(1) is merely directory. further invalidating acts done in non-compliance with this requirement would certainly not result in serious general inconvenience or injustice to persons who have no control over the authority entrusted ..... told, is the special legal remembrancer ex-officio spl. secretary, judicial department of the state government. obviously in presenting the above appeal shri mitra was purporting to act as the l. r, and as such, the ex-officio public prosecutor in all cases coming before the calcutta high court in its. appellate side under the ..... [1] => ..... to look into the said allegations since they had a bearing on industrial licensing. the dutt committee was invested with powers under the commissions of inquiry act, 1952. in september and december, 1967, two further memoranda were submitted by sri chandrasekhar to the prime minister containing allegations against jute mills, paper ..... in different statutes, but the principle enunciated in barium chemical's case : [1967]1scr898 has full application in a case under the commissions of inquiry act, 1952. the court observed that the subjective satisfaction would not empower the state government to appoint a commission, in the absence of definite matters of ..... allegations and five sub-allegations. these allegations can be grouped under the following heads (a) customs and central excise (b) income-tax (c) foreign exchange regulation act (d) insurance (e) capital (f) favour shown by separate state governments (g) employment of relatives and retired high government officials on large salaries (h) ..... [2] => ..... into force on the 1st day of january, 1974. 2. definitions : (i) in this scheme, unless the context otherwise requires, (a) 'act' means the general insurance business (nationalisation) act, 1972 (57 of 1972) (b) 'merged company' means a company specified in the first schedule;(c) 'schedule' means schedule appended to this ..... respondent-corporation) was formed as a government company in accordance with the provisions of the companies act pursuant to section 9 of the general insurance business nationalisation act, 1972 (hereinafter referred to as ('the said act') . the respondent-corporation was formed for the superintending, controlling and carrying on the business ..... assumption of new tasks growing complexities of managements and administration and the necessity of continuing adjustment in relations between* the corporation and government coaling for flexibility, adaptability and innovative skills it is not possible to make an exhaustive enumeration of the tests which would invariably and in ..... [3] => ..... dated 8th may, 1978, which was affirmed by debnath chakraborty, assistant collector of customs and central excise (preventive), west bengal, calcutta, have stated, that acting on an information, the customs officers of preventive and intelligence unit, west bengal, calcutta, the strength of a search order, issued by the competent authority, ..... to be initiated, could be maintained against the petitioners. in any event, it was claimed that the authorities concerned were wrong and they had acted illegally and with material irregularity, in initiating the concerned proceedings and it was further claimed that since such proceedings was absolutely without jurisdiction and unauthorised, ..... to the requirements of the statute, so the proceedings as continued on the basis of such initiation, was uuauthorised and not consistent with the said act and as such irregular continuation of the proceedings, interfered with or affected the rights of the petitioners, the application as made, was maintainable, ..... [4] => ..... refusal to allow the appellant to put questions to s.n. banerji give us the impression that the enquiry officer was with the prosecution and was not acting independently. the evidence of the appellant in this court also remains uncontroverted. in cross-examination in question 519 the appellant stated emphatically that whatever he had ..... was that the said documents were not available. if the said documents were maintained and were not produced then it must be held that the respondents acted illegally in not producing the said documents. the appellant in his evidence admitted that some of the said documents according lo his own personal knowledge were ..... officer has arrived at a finding based on no evidence.(ii) the findings are inconsistent with the evidence or contradictory to it.(iii) the enquiry officer has acted on material partly relevant and partly irrelevant.(iv) the enquiry officer has drawn upon its own imagination and imported facts and circumstances not apparent from the records ..... [5] => ..... therefore, void, illegal and of no effect and/or in any event stands automatically terminated by virtue of the provisions of section 3(3) of the coal mines (nationalisation) act. 1973. it has been further stated that the adjoining lands have been acquired for miniing and allied purposes by the respondent no. 3 under the relevant ..... the previous approval of the central government. moreover section 4(a) provides for premature termination of mining lease in respect of any mineral other than a minor mineral. moreover, the coal mines (nationalisation) act, 1973 which was amended in 1976 by act 57 of 1976. by the said amendment sub-section (3) was added to section 3 which ..... whereon such deposits are lying by virtue of the provisions of the bihar land reforms act still then in view of the coming into force of the coal mines (nationalisation) act, 1973 as amended in 1976 read with mines and minerals (regulation and development) act, 1957 the state of bihar is not legally competent to settle the right to ..... [6] => ..... within the exclusive jurisdiction of the parliament under schedule vii of the constitution. mr. chunder has submitted that under the state act the industrial financial corporation has been permitted to purchase shares and debentures. provisions have also been made for incorporation, regulation and winding up of the ..... the important means for developing certain types of industrial undertakings is advancement of required finance provisions for advancement of loan have been made in the state act. mr. chunder has submitted that the incorporation of the state financial corporation itself cannot be made under the state list and such incorporation is ..... to an industrial undertaking which falls outside the normal activities of commercial banks, a central industrial financial corporation was set up under the industrial financial corporation act, 1948. the state-govt. wish that a similar corporation should also be set up in the state to supplement the work of the industrial ..... [7] => ..... used in this sense. as such the utility of the spice as a flavouring substance for food was uppermost in the mind of the legislature. the legislature while amending, this act was oblivious of the fact that turmeric, chillies, black or white pepper, cinnamon, cardamom singer, mace, fenugreek, coriander seeds, mustard, rape, cumin seed, saffron, aniseed ..... may seize the specifiedgoods in relation to which payment has beenso evaded.section 27 -- (1) any dealer, deeming himself aggrieved by any order passed under this act, may in the prescribed manner and within one month from the date of such order, appeal therefrom to such officer of government as may be prescribed.provided ..... finance, department of economic affairs, is intimately conversant not only with the policy of legislation for the purpose of implementation of the provisions of the central act but is also familiar with the nature and quality of the commodities as also their use from time to time. if, therefore, such an authority issued ..... [8] => ..... law' under or in terms of article 21 must be reasonable just and fair and the authority exercising such or any statutory power, as in this case, must act reasonably, otherwise the procedure as prescribed, would be deemed to be unreasonable. such determination, at this stage, cannot be appropriately applied in this case, as stated earlier ..... with their application for exemption of personal appearance which was fixed for orders today. mr. sen further informs that the division bench presided over by the learned acting chief justice have heard this appeal in part today and adjourned the matter till monday next. this court has also been informed that the division bench desired ..... and other equipments for extracting coal to the respondents. in appeal it was argued by the appellants that such order issuing a rule nisi with certain specific directions to do some acts was more than issuance of contempt rule and it affected the right of the parties and appeal was maintainable inasmuch as it was an ..... [9] => ..... pal that only that portion of the salary, which was received by the employees in india, came within the scope of 'total income' assessable under the income-tax act.this argument overlooks the fact that the salary income which was received by the employee outside india arose on account of rendering of services in india. it cannot be ..... this amount was paid in sterling in the united kingdom outside the territories of india. therefore, this payment could not come within the ambit of the income-tax act. the jurisdiction of the income-tax authorities did not travel beyond india. the payments made by the bank to its employees outside india could not attract the provisions ..... of the case, the tribunal was justified in holding that proceedings under section 201 can be initiated and continued and interest under section 201 (1a) of the income-tax act, 1961, can be recovered from the employer-bank ?'the facts of the case have been stated by the tribunal in the statement of case as under :the assessee ..... ) Coal Mines Nationalisation Act 1973 Chapter I Preliminary - Sortby Old - Court Kolkata - Page 2 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: coal mines nationalisation act 1973 chapter i preliminary Sorted by: old Court: kolkata Page 2 of about 53 results (1.599 seconds)

Jan 18 1977 (HC)

Superintendent and Remembrancer of Legal Affairs Vs. Prafulla Majhi

Court : Kolkata

Reported in : 1977CriLJ853

..... this court by forwarding the draft notification for its approval. approval of this court was accorded, however, irregularly it may be, by the registrar purporting to act on behalf of this court and thus leading the state to believe that there would be due compliance with the statutory requirement as and when the public ..... be frustrated if we accept the contention of the learned advocate-general and hold that this requirement of section 378(1) is merely directory. further invalidating acts done in non-compliance with this requirement would certainly not result in serious general inconvenience or injustice to persons who have no control over the authority entrusted ..... told, is the special legal remembrancer ex-officio spl. secretary, judicial department of the state government. obviously in presenting the above appeal shri mitra was purporting to act as the l. r, and as such, the ex-officio public prosecutor in all cases coming before the calcutta high court in its. appellate side under the .....

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Sep 26 1978 (HC)

Orient Paper Mills Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : AIR1979Cal114,83CWN328

..... to look into the said allegations since they had a bearing on industrial licensing. the dutt committee was invested with powers under the commissions of inquiry act, 1952. in september and december, 1967, two further memoranda were submitted by sri chandrasekhar to the prime minister containing allegations against jute mills, paper ..... in different statutes, but the principle enunciated in barium chemical's case : [1967]1scr898 has full application in a case under the commissions of inquiry act, 1952. the court observed that the subjective satisfaction would not empower the state government to appoint a commission, in the absence of definite matters of ..... allegations and five sub-allegations. these allegations can be grouped under the following heads (a) customs and central excise (b) income-tax (c) foreign exchange regulation act (d) insurance (e) capital (f) favour shown by separate state governments (g) employment of relatives and retired high government officials on large salaries (h) .....

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Jul 02 1979 (HC)

Amitava Bhattacharya and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

..... into force on the 1st day of january, 1974. 2. definitions : (i) in this scheme, unless the context otherwise requires, (a) 'act' means the general insurance business (nationalisation) act, 1972 (57 of 1972) (b) 'merged company' means a company specified in the first schedule;(c) 'schedule' means schedule appended to this ..... respondent-corporation) was formed as a government company in accordance with the provisions of the companies act pursuant to section 9 of the general insurance business nationalisation act, 1972 (hereinafter referred to as ('the said act') . the respondent-corporation was formed for the superintending, controlling and carrying on the business ..... assumption of new tasks growing complexities of managements and administration and the necessity of continuing adjustment in relations between* the corporation and government coaling for flexibility, adaptability and innovative skills it is not possible to make an exhaustive enumeration of the tests which would invariably and in .....

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Jun 03 1982 (HC)

Kantilal Somehand Shah and anr. Vs. Collector of Customs and Central E ...

Court : Kolkata

Reported in : 1985(4)ECC41,1982(10)ELT902(Cal)

..... dated 8th may, 1978, which was affirmed by debnath chakraborty, assistant collector of customs and central excise (preventive), west bengal, calcutta, have stated, that acting on an information, the customs officers of preventive and intelligence unit, west bengal, calcutta, the strength of a search order, issued by the competent authority, ..... to be initiated, could be maintained against the petitioners. in any event, it was claimed that the authorities concerned were wrong and they had acted illegally and with material irregularity, in initiating the concerned proceedings and it was further claimed that since such proceedings was absolutely without jurisdiction and unauthorised, ..... to the requirements of the statute, so the proceedings as continued on the basis of such initiation, was uuauthorised and not consistent with the said act and as such irregular continuation of the proceedings, interfered with or affected the rights of the petitioners, the application as made, was maintainable, .....

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Jun 25 1982 (HC)

Anandram Jiandrai Vaswani Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (1983)IILLJ122Cal

..... refusal to allow the appellant to put questions to s.n. banerji give us the impression that the enquiry officer was with the prosecution and was not acting independently. the evidence of the appellant in this court also remains uncontroverted. in cross-examination in question 519 the appellant stated emphatically that whatever he had ..... was that the said documents were not available. if the said documents were maintained and were not produced then it must be held that the respondents acted illegally in not producing the said documents. the appellant in his evidence admitted that some of the said documents according lo his own personal knowledge were ..... officer has arrived at a finding based on no evidence.(ii) the findings are inconsistent with the evidence or contradictory to it.(iii) the enquiry officer has acted on material partly relevant and partly irrelevant.(iv) the enquiry officer has drawn upon its own imagination and imported facts and circumstances not apparent from the records .....

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Jan 28 1983 (HC)

industrial Fuel Marketing Co. Vs. Union of India (Uoi)

Court : Kolkata

Reported in : AIR1983Cal253

..... therefore, void, illegal and of no effect and/or in any event stands automatically terminated by virtue of the provisions of section 3(3) of the coal mines (nationalisation) act. 1973. it has been further stated that the adjoining lands have been acquired for miniing and allied purposes by the respondent no. 3 under the relevant ..... the previous approval of the central government. moreover section 4(a) provides for premature termination of mining lease in respect of any mineral other than a minor mineral. moreover, the coal mines (nationalisation) act, 1973 which was amended in 1976 by act 57 of 1976. by the said amendment sub-section (3) was added to section 3 which ..... whereon such deposits are lying by virtue of the provisions of the bihar land reforms act still then in view of the coming into force of the coal mines (nationalisation) act, 1973 as amended in 1976 read with mines and minerals (regulation and development) act, 1957 the state of bihar is not legally competent to settle the right to .....

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Feb 28 1985 (HC)

Engineers (Overseas) Corporation Pvt. Ltd. and anr. Vs. West Bengal Fi ...

Court : Kolkata

Reported in : AIR1986Cal132,89CWN700

..... within the exclusive jurisdiction of the parliament under schedule vii of the constitution. mr. chunder has submitted that under the state act the industrial financial corporation has been permitted to purchase shares and debentures. provisions have also been made for incorporation, regulation and winding up of the ..... the important means for developing certain types of industrial undertakings is advancement of required finance provisions for advancement of loan have been made in the state act. mr. chunder has submitted that the incorporation of the state financial corporation itself cannot be made under the state list and such incorporation is ..... to an industrial undertaking which falls outside the normal activities of commercial banks, a central industrial financial corporation was set up under the industrial financial corporation act, 1948. the state-govt. wish that a similar corporation should also be set up in the state to supplement the work of the industrial .....

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Apr 22 1987 (HC)

State of West Bengal Vs. Nitai Mohan Saha

Court : Kolkata

Reported in : AIR1989Cal23,[1989]74STC221(Cal)

..... used in this sense. as such the utility of the spice as a flavouring substance for food was uppermost in the mind of the legislature. the legislature while amending, this act was oblivious of the fact that turmeric, chillies, black or white pepper, cinnamon, cardamom singer, mace, fenugreek, coriander seeds, mustard, rape, cumin seed, saffron, aniseed ..... may seize the specifiedgoods in relation to which payment has beenso evaded.section 27 -- (1) any dealer, deeming himself aggrieved by any order passed under this act, may in the prescribed manner and within one month from the date of such order, appeal therefrom to such officer of government as may be prescribed.provided ..... finance, department of economic affairs, is intimately conversant not only with the policy of legislation for the purpose of implementation of the provisions of the central act but is also familiar with the nature and quality of the commodities as also their use from time to time. if, therefore, such an authority issued .....

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Dec 22 1988 (HC)

Sanjay Dalmia Vs. Additional Collector of C. Ex. and Customs

Court : Kolkata

Reported in : 1989(22)ECC16,1991(55)ELT518(Cal)

..... law' under or in terms of article 21 must be reasonable just and fair and the authority exercising such or any statutory power, as in this case, must act reasonably, otherwise the procedure as prescribed, would be deemed to be unreasonable. such determination, at this stage, cannot be appropriately applied in this case, as stated earlier ..... with their application for exemption of personal appearance which was fixed for orders today. mr. sen further informs that the division bench presided over by the learned acting chief justice have heard this appeal in part today and adjourned the matter till monday next. this court has also been informed that the division bench desired ..... and other equipments for extracting coal to the respondents. in appeal it was argued by the appellants that such order issuing a rule nisi with certain specific directions to do some acts was more than issuance of contempt rule and it affected the right of the parties and appeal was maintainable inasmuch as it was an .....

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Sep 05 1989 (HC)

Grindlays Bank Ltd. Vs. Commissioner of Income-tax.

Court : Kolkata

Reported in : (1992)94CTR(Cal)46,[1992]193ITR457(Cal)

..... pal that only that portion of the salary, which was received by the employees in india, came within the scope of 'total income' assessable under the income-tax act.this argument overlooks the fact that the salary income which was received by the employee outside india arose on account of rendering of services in india. it cannot be ..... this amount was paid in sterling in the united kingdom outside the territories of india. therefore, this payment could not come within the ambit of the income-tax act. the jurisdiction of the income-tax authorities did not travel beyond india. the payments made by the bank to its employees outside india could not attract the provisions ..... of the case, the tribunal was justified in holding that proceedings under section 201 can be initiated and continued and interest under section 201 (1a) of the income-tax act, 1961, can be recovered from the employer-bank ?'the facts of the case have been stated by the tribunal in the statement of case as under :the assessee .....

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