Court : Kolkata
Reported in : (1975)IILLJ283Cal
..... in the memorandum of association of the institute the objects of the institute are stated to be as follows:(i) to promote the study and dissemination of knowledge of the research on statistics and other subjects relating to planning for national development and social welfare;(ii) to provide for, and undertake, the collection of information, investigations, projects, and operational research for purposes of planning and the improvement of the efficiency of management and production;(iii) to undertake any other activities which in the opinion ..... the preliminary objection was based on two grounds firstly, the indian statistical institute was not an industry and a reference under section 10 of the act was not competent and secondly, the dispute in respect of which, a reference had been made was barred by principles of res judicata. ..... there was an order of reference under section 10 of the industrial disputes act, 1947, on 14th of may, 1965, in respect of certain alleged dispute between indian statistical institute and its workmen represented by union of workmen. ..... in a case of this nature where an establishment or institution carries on more than one activity how the question whether the institution or the establishment carries on industry or not within the meaning of the act has to be determined has been the subject-matter of several decisions of the supreme court, viz. .....
Tag this Judgment!Court : Kolkata
Reported in : (1993)IILLJ160Cal
..... (d) collection of statistics, section located at calcutta, together with different categories of posts attached to the said establishments and detailed in annexure 'a'. ..... (d) collection of statistics, section located at calcutta. 10. ..... ' the petitioner challenged this order of transfer as being made in violation of the condition of his service, as according to him he could not be transferred from the post of inspector under the shops and establishments act, which constitute a separate and distinct cadre from the other cadres of the west bengal subordinate labour service.' 26. ..... the rules of appointment of inspectors of shops and establishments have been framed under powers conferred by the act while the rules in the three other categories have been framed under article 309 proviso of the constitution. ..... in the said case the order of transfer of the petitioner hirendra nath banerjee from the post of registrar of rent controller's court to the post of certificate officer under bengal public demands recovery act in a certain revenue division, was the subject matter of challenge.29. ..... (ii) knowledge of cooperative acts, rules and procedures. 7. ..... facts in the said case are as follows:- 'the petitioner in response to an advertisement issued by the public service commission onjanuary 19, 1961, applied for the post of inspector of shops and establishments under the shops and establishments act, 1940. ..... to see that the powerlooms are not violating the handloom reservation act. 6. .....
Tag this Judgment!Court : Kolkata
Reported in : 1976CriLJ366
..... that after a careful consideration of all the information, facts and materials pertaining to the grounds of detention in question: placed before him, he was personally satisfied that with a view to preventing the detenu from acting in any manner prejudicial to the maintenance of public order, his detention was necessary and he made the instant order of detention without any ulterior motive or purpose. ..... of collection crop statistics-5. ..... he made the detention order in question he scrutinised carefully the facts, informations and materials supplying the ground for detention and was satisfied that the activities of the detenu as mentioned in the ground collectively are prejudicial to the maintenance of public order as envisaged under the said act. ..... apart from the question of section 6 of the said act his satisfaction must be held to be bona fide because the detaining authority is responsible for the administration of the territory under his jurisdiction and if an incident had taken place within that territory, if he is satisfied ..... of vital statistics.3. ..... relied on a decision of this couitt reported in (1952) 56 cal wn 427 :1953 cri lt 310) (gour gopal v. ..... was passed with a view to preventing the detenu from acting in a manner prejudicial to the maintenance of public order. ..... section 6 of the said act makes it clear that no order of detention shall be invalid or inoperative merely by the reason that the person to be detained is outside the limit of the territorial jurisdiction of the officer .....
Tag this Judgment!Court : Kolkata
Reported in : (1987)0CALLT179(HC)
..... of qualifications for entry in the register:(d) the recognition of foreign qualifications and training for purposes of enrolment:(e) the granting or refusal of certificates of practice under this act:(f) the maintenance and publication of a register of persons qualified to practice as cost accountants:(g) the levy and collection of fees from members, examinees and other persons:(h) the removal of names from the register and restoration to the register of names which have been removed:(i) the ..... extending the executive power of the union and of each of the state to the carrying on of any trade or business, article 298 does not convert either the union of india or any of the states which collectively form the union into a merchant buying and selling goods or carrying on either trading or business activity, for the executive power of the union and of the states, whether in the field of trade or business or ..... , : (1984)illj67sc where a point arose as a to whether indian statistical institute, a society registered under the societies registration act, being 'under the control of the government of india', is an instrumentality of the central government and if, would be covered by article 12 of the constitution of india and thus whether, a writ petition under article 32 against that ..... indian statistical institute (supra), ..... statistical ..... by the supreme court in that case that the central government has deep and prevasive control over the affairs of the indian statistical institute. ..... statistical .....
Tag this Judgment!Court : Kolkata
Reported in : [1986]59CompCas94(Cal),88CWN650
..... has contended that in view of the all round progress of the company, it was not possible to form any opinion about the maladministration of the company and in the context of statistics of gradually progressive performance being made by the petitioner-company, the alleged opinion that the company had not been running efficiently and/or there had been maladministration and/or diversion of funds of ..... of reappointment of the wholetime directors as prayed for but also directed the registrar of companies to lodge complaints against the petitioner company and its directors for alleged violation of various provisions of the companies act and for alleged misappropriation, misfeasance of the company's funds and separate complaints have been filed by the registrar of companies at the instance of the company law board before the chief metropolitan magistrate, calcutta ..... the petitioners have contended that the report of the inspector having been based on the materials including the materials collected by him, copies of such evidence and the documents should be furnished to the petitioners so as to afford them real opportunity to defend themselves against the report obtained by ..... banerjee has also submitted that it will appear from the report itself that six sets of evidence had been collected by the inspector and/or assistants and the inspection report is based on a consideration of that evidence but excepting the report itself the evidence was not disclosed to the petitioners despite repeated .....
Tag this Judgment!Court : Kolkata
Reported in : (1890)ILR17Cal393
..... system; and the landlord's defence included these two points: first, that the land in question was part; of his khamar lands held from year to year, in which, by section 116 of the bengal tenancy act, no right of occupancy can accrue; and secondly, that, if the land was not khamar, the plaintiff, an utbundi ryot, had never held it for twelve years continuously, and therefore had not acquired in it ..... that the lower court has in fact so held, and that otherwise it could not have come to the conclusion that the plaintiff had acquired a right of occupancy; for section 180 of the bengal tenancy act prohibits the acquisition of such right in land ordinarily let under the custom of utbundi, until that particular land has been held for twelve years continuously. ..... upon the utbundi system and transcribes the passages describing it in the statistical account of bengal in the districts of nuddea (in. ..... hunter from information carefully collected through local officers in the districts where ..... we quote the passage in the statistical report relating to the utbundi system in nuddea: utbundi is applied to land held for a year, or rather ..... guide in the matter is what is to be found in special reports made by revenue officers, and in the descriptions given in the statistical account of bengal compiled by sir w. w. ..... in this respect utbundi land is dealt with in the act differently from ordinary ryotti land, in which, by section 21, a settled ryot has a right of occupancy no matter bow short a time he has .....
Tag this Judgment!Court : Kolkata
Reported in : [1992]194ITR60(Cal)
..... additionally the objects of the association shall include the following ; (i) to protect, forward and defend the trade of the members of the association ; (ii) to regulate the conduct of the trade ; (iii) to arbitrate on matters of dispute ; (iv) to collect, classify, interpret and circulate statistics ; (v) to encourage and finance measures for improving cultivation of jute and allied fibres in india ; (vi) to encourage and finance technical development in plant and machinery necessary for the manufacture of jute products ; (vii) to encourage ..... cit : [1984]150itr593(cal) , where it was held that the indian sugar mills association, though registered under the trade unions act having some objects dealing with and regulating the terms and conditions regulating the employment and also good relations between employers and employees was not an association formed primarily for the purpose of ..... the tribunal has referred the following question of law under section 256(1) of the income-tax act, 1961, to this court :'whether, in view of the fact that the asses see-association is a registered trade union and in view of the provisions in rule 3 of the rules and regulations of the association that the object of the ..... calcutta hydraulic press association : [1980]121itr414(cal) , where it was held that the calcutta hydraulic press association fulfilled the conditions of section 10(24) of the act which entitled them to get the benefit of the provisions of section 10(24). .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1996)59ITD137(Kol.)
..... such trust or institution has been, created or established after the commencement of this act and under the terms of the trust or the rules governing the institution, any part of such income enures, or (ii) if any part of such income or any property of the trust or the institution (whenever created or established) is during ..... we have heard the rival submissions and also perused the records.for the purpose of appreciating the facts it may be necessary to reproduce relevant provisions of the act :- "13(1) nothing contained in section 11 or section 12 shall operate so as to exclude from the total income of the previous year of the person in receipt thereof- (c) in the case of a trust for charitable or religious purposes or a charitable or religious, any income thereof - (i) if ..... we are of the opinion that the inaction on the part of the assessee in not collecting the rent cannot be equate to an act of lending the income or property of the trust. ..... he further submitted that the assessee has not made any attempt to collect huge outstanding rent from the said company and as such by invoking the provisions of sec.13(1)(c)/13(2)(a) the assessee's deemed to have used or applied the said amount for the benefit of person referred to in ..... in the result, the appeal field by the assessee is allowed for statistical purpose. .....
Tag this Judgment!Court : Kolkata
Reported in : [1984]8ITD757(Cal)
..... to collect, classify, interpret and circulate statistics ..... bhiwandiwalla trust (supra) at page 717 that the commission of the word wholly in the above section of the 1957 act and the omission of a similar provision as is to be found in the later part of the sub-section in the 1922 act was deliberate and intentional and the legislature advisedly avoided or omitted the said word ..... . no expenditure from such fund shall be made in contravention of section 15 of the indian trade unions act, 1926, and subject to this restriction all moneys received on account of contributions, subscriptions or otherwise may be applied towards carrying out the objects of the ..... . cit : [1973]88itr47(sc) held that it is unnecessary under the 1957 act that for the purpose of claiming exemption under section 5(1) (i), the property must be held under trust wholly for a public purpose so a charitable or religious nature in ..... was enacted by the parliament, namely, the provisions of section 4(3) (i) of the 1922 act read as follows :'(3) any income, profits or gains falling within the following classes shall not be included in the total income of the person receiving them :(i) subject to the provisions of clause (c) of sub-section (1) of section 16, any ..... it has been argued that under the act, the assessable entities are individual, huf and company while under the income-tax act, every person is an assessable entity including an aop or a boi whether incorporated or not, it has been stated that an aop or a boi, whether incorporated or .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1941Cal1
..... sen gupta contends that the word taraf signifies a collection of co-terminous villages, villages forming a compact block of land. ..... 11 was unknown to the appellant company at or before its purchase, and so it had not acted upon any representation made therein, is quite apparent from the manner in which ex. ..... viii of hunter's statistical accounts of bengal on the judgment, of morris and prinsepp jj. ..... 512 of the murshidabad collectorate, and settled permanently with james dalrymple and john watson laidley under the provisions of act 9 of 1847, (ex.m(1), kabuliat dated 16th august 1870; b197-200).4. ..... it consisted of twelve huddas, each hudda being sub-divided into several tarafs of collection of villages. ..... bhagban chandra sen of 1869 and the act of james dalrymple and john watson laidley in accepting the settlement of touzi no. ..... act, and finally published in 1920 and 1921 record the possession of the appellant as patnidar in such portions of the lands of touzi no. ..... the plaintiff company is not relieved of producing the best materials in support of its case, as no admission had been made by the defendants either in their written statement or at the hearing : section 58, evidence act. ..... act in 1920 and 1921. ..... act, were commenced and the records of rights were finally published, some in 1920 and some in 1921. .....
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