Court : Kolkata
Reported in : [1977]39STC246(Cal)
..... that case were very much different from the facts of the instant case before me. further, in the view i have taken of the effect of section 3 of the coal mines (nationalisation) act, 1973, it is not necessary for me to rest my decision on the ratio of the aforesaid decision referred to hereinbefore. in an appropriate case, if section 17 ..... in any court except with the consent of the central government.6. it appears that on 9th july, 1973, there was a notification under section 5 of the coal mines (nationalisation) act, 1973, which was to the following effect:g.s.r. 345(e).-in exercise of the powers conferred by sub-section (1) of section 5 of the ..... carried on by the petitioner. in the aforesaid view of the fact, the ownership in relation to the coal mines has been nationalised or taken by the government, but the effect of section 3 of the coal mines (nationalisation) act, 1973, is not that the ownership of the business as such has been taken over. as a matter of fact, the business of the .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(3)CHN433
..... the coal mines (nationalisation) act to suggest that these supplies were for better administration and better yield from the coal mines and since the coal is being consumed by the public, there would be a public law element involved. we do not agree. in that way ..... the regular supply of proper material, that is the explosives in this case. now merely because the mines are nationalized under the coal mines (nationalisation) act, 1973 and that is how, they go under the management and ownership of coal india, there would be no question of any public law being involved or public good being involved. sri banerjee tried to rely on the preamble of .....
Tag this Judgment!Court : Kolkata
Reported in : (1984)ILLJ503Cal
..... need for bringing uniformity in service conditions of employees of different insurance companies who have become the employees of the corporation in view of nationalisation. but by the impugned order of 1978, the government purported to exercise power under section 11(2) with regard to the development officers ..... looked after their performance. mr. chatterjee therefore, contends that the development officers being workmen are fully covered by the provisions of industrial disputes act, 1947. accordingly, the settlements and agreements entered between the development officer through the federation and the life insurance corporation cannot be changed by ..... , 1960 are under challenge.2. the petitioners are development officers of life insurance corporation, a statutory corporation created under the life insurance corporation act, 1956. it appears that initially the emoluments and salaries of the development officers were settled by negotiations and agreements between the administration of the .....
Tag this Judgment!Court : Kolkata
Reported in : [1955]28ITR762(Cal)
..... . it is true that the company, which owned the business of 'b plus c plus d plus e,' also owned the rights resulting from the coal act, 1946, after business a, which belonged to the company, had been compulsorily acquired. but the mere ownership of the statutory rights resulting from the acquisition ..... the interim income payments, considered simply as periodical payments in the nature of income received by the company under the provisions of the coal industry nationalization act, 1946, and the coal industry (no. 2) act, 1949, were profits arising from any trade or business carried on by the company in the relevant chargeable accounting periods : and, ..... if it turned out that they exceeded the interim income, when properly calculated, there was no obligation upon the concern to make repayment.section 1 of the coal act, 1949, extended, in effect, the provisions for revenue payments, no doubt because, the first two years having passed without the compensation having been finally ascertained .....
Tag this Judgment!Court : Kolkata
Reported in : [1967]37CompCas516(Cal),71CWN340
..... on other grounds it would not become the more acceptable because it might have been proposed in view of a pending measure of nationalisation and conversely the threat of nationalisation could not render improper what was otherwise unobjectionable. counsel for the petitioner extracted the observations of lord radcliffe in westburn sugar refineries case ..... the further allegations in the petition are that formerly the number of services from or through calcutta were considerably larger and that in bombay the company acts as operators of various services of british india steam navigation company limited and those services are bombay/gulf passenger service, india/africa cargo and india/ ..... 1965, be confirmed.2. the petitioner, mackinnon mackenzie & co. private, limited was incorporated on 30th march, 1951, under the provisions of the indian companies act, 1913, as a public limited company. the company became a private limited company on and from 27th march, 1956, and the name of the company was .....
Tag this Judgment!Court : Kolkata
Reported in : [1968]38CompCas660(Cal),[1968]69ITR379(Cal)
..... expediency and for promotion of the company's business interests.nationalisation is already in the air. the imperial bank has been nationalised, the insurance companies have been nationalised, the talk about nationalising the production and distribution of essential commodities like steel and iron or coal or textiles or sugar is already, according to the layman ..... was not an allowable deduction, either under section 10(1) or section 10(2)(ix) or section 10(2)(xv) of the indian income-tax act. the tribunal further overruled the contention that the contribution to the indian national congress was an allowable deduction with the following observation :' the appellate assistant ..... assessee.20. we now take up for consideration questions nos. 3 and 4 together. mr. banerjee drew inspiration from certain decisions under the companies act, by different high courts, in support of his contention that contribution to the indian national congress should be allowed as an expenditure wholly and exclusively .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1969Cal198,72CWN328
..... business of preparing, printing, publishing and selling of text books, prescribed for schools in punjab. the education department of the punjab government pursuing a policy of nationalisation of text books, issued notifications regarding printing, publication and sale of these books. the petitioners' case was that these notifications not only imposed unwarrantable restrictions ..... their contentions. the question, in my view, must depend on interpretation of article 163(2) and article 164(1) of the constitution. the governor has acted in the exercise of the powers under article 164(1) of the constitution, which provides that the chief minister shall be appointed by the governor. the question ..... him from office. an action was commenced by the former premier against the governor and the new premier for a declaration that the governor's act was unconstitutional and the two questions formulated by the trial court and referred to the federal supreme court of nigeria for decision were:'(1) can the .....
Tag this Judgment!Court : Kolkata
Reported in : [1973]87ITR228(Cal)
..... , not sound. apart from the fact of long non-user, there is nothing to show that these assets were dead assets and were lost to the company. the coal mine, the building and the machinery were all there. there is no material, apart from the aspect of long non-user, to suggest that any of the assets had ..... not been or cannot be worked for some reason or other. in the instant case, the assessee must be considered to have been carrying on its businessin coal as owners of various coal mines, including the south samla colliery, although the said colliery was not being actually worked. the concept of carrying on business within the meaning of section 10( ..... 2)(xv) of the income-tax act is a legal concept and may not necessarily be in accord with the popular concept of the expression in which actual operation, .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1972Cal105,76CWN161
..... of the contents of the agreement and that the agreement and the acts done in pursuance of it were consequently ultra vires the company and incapable of being made valid by acquiescence on the part of the shareholders as in pacific coast coal mines ltd. v. arbuthnot, (1917 ac 607) ; (air 1917 pc ..... or organs of control may be totally different. he said, 'this may bebad logic or poor law, but it is goodmonopolies and restrictive trade practices act.' therefore, he held thatbecause rajaram jaipuria and sitaramjaipuria were interested and were related, therefore it became an interconnected undertaking. rajaram jaipuria is the managing director ..... the three following grounds:(a) neither document disclosed whether permission has been obtained from the central government as required under the monopolies and restrictive trade practices act for establishing the undertaking of swadeshi politex ltd. which, when established, would be an inter-connected undertaking of the respondent company. (b) the said .....
Tag this Judgment!Court : Kolkata
Reported in : [1973]43CompCas275(Cal),78CWN176
..... ring road, new delhi, under section 17 of the companies act, 1956.2. the petitioner, bharat commerce & industries ltd., hereinafter referred to as the company, was originally incorporated under the name of bharat airways ltd. on or about august 11, 1945. upon the nationalisation of the scheduled passenger traffic by air, the name of the ..... the company will appear from its memorandum of association. the company now carries on, inter alia, the business of manufacturing yarn and textile goods. after the nationalisation of the scheduled passenger flight by air, the company diversified its activities and established mills for manufacturing yarn and textile goods at nagda in the state of ..... to the disputes between the company and its employees and thus the transfer should not be sanctioned in the instant case.13. section 17 of the act empowers a company to alter the provisions contained in its memorandum by a special resolution in order to remove its registered office from one state to another .....
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