Court : Kolkata
Reported in : (1924)ILR51Cal504
..... purposes,' but is rent derived from land which is used for the purpose of enabling the timber contractors to carry on their trade or business [see killing valley tea company v. the secretary of state for india (1920) i.l.r. 48 calc. 161]. in respect of such income the applicant is not entitled, in my opinion, to pray in aid the ..... the income in question is liable to assessment.page, j.42. this is a reference by the commissioner of income tax, assam, under section 66(2) of the income tax act (act xi of 1922): the reference is made on the application of the assessee. the commissioner has held that income derived from pasturage is not assessable to income-tax on the ..... any way with the letters patent of this court, is an observation made in birendra kishore manikya v. the secretary of state for india (1920) i.l.r. 48 calc. 766.777, where a case stated in accordance with the income tax act is dealt with as being, theoretically speaking, a form of appeal such as is contemplated by clause 16 of .....
Tag this Judgment!Court : Kolkata
Reported in : 44Ind.Cas.770
..... by the execution of the scheme. section 29 provides that on receipt of the sanction of the government a declaration is to be notified under the signature of a secretary to government stating the fact of such sanction, and that the land proposed to be acquired by the board for the purposes of the scheme is required for a ..... which it may consider expedient to do so in exercise of the powers conferred by sub-section (1) of that section. section 25 of the bombay city improvement act (bombay act v of 1898) provides that an improvement scheme which may exclude any part of the area in respect of which an official representation is made or include any neighbouring ..... 639 : 51 l.t. 567 : 33 w.r. 129 would seem to be authority for holding that to public bodies acting for the public benefit the principle above enunciated is not to be applied so strictly as in the case of companies seeking their private profit. however that may be, the question, to use the language of chief justice erle, is what .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1914Cal888(2),(1914)ILR41Cal323
..... w.r. 263 that orders made in revision under section 15 of the charter act are subject to appeal to his majesty in council under clause 39. the same view has been expressed in secretary of state for india in council v. british india steam navigation company (1911) 13 c.l.j. 90 in reference to an order under section 115 ..... interference under section 115 are, first, that the court failed to exercise a jurisdiction vested in it in refusing to eject the defendants; and secondly, that the court acted with material irregularity in the exercise of a jurisdiction which it did possess. the irregularity is alleged to be this that the court held that it could not eject the ..... vested in it by law; secondly, where the court has failed to exercise a jurisdiction which is vested in it by law; and, thirdly, where the court has acted in the exercise of its jurisdiction illegally or with material irregularity.5. the affidavit on which the application to mr. justice fletcher was made suggests that the error, if .....
Tag this Judgment!Court : Kolkata
Reported in : (1994)1CALLT367(HC),(1994)IILLJ575Cal
..... and res-training the respondents, namely, union of india, the board of trustees of the port of calcutta, the dock labour board, calcutta and the secretary, ministry of labour, government of india from entering into settlement and or agreement with other federations of dock and board employees to make an effective representation at ..... an agreement entered into between the union of india and said four major federations of port & dock workers, the wage revision was made effective from 1st january, 1980 and again on and from 1st january, 1984. the last wage revision settlement expired on 31st december, 1987 and was due for revision from 1st january, ..... . in the bombay industrial relations act, 1947 a particular percentage (15% representatives of all the workers) was fixed for earning eligibility for recognition by the employer. in girija shankar v. gujarat spinning company (1962-i-llj-369) that standard which stood the test of reasonableness (sic).21. in this connection the attention of this .....
Tag this Judgment!Court : Kolkata
Reported in : 1991ACJ349
..... respondent no. 2, m/s. sahid smriti samabay paribahan samity ltd., covering risk in respect of death or injury to third person.7. according to the appellant insurance company, the liability coming under a policy of insurance as in the instant case shall cover up to the limits as stated in clause (b), sub-section (2), subject ..... give serious attention to this aspect of the matter and remove the serious lacuna in section 95(2)(b), motor vehicles act. we would also like to suggest that instead of limiting the liability of the insurance companies to a specified sum of money as representing the value of human life, the amount should be left to be determined ..... question that has been raised in these two appeals heard analogously, viz., nos. 406 and 407 of 1980, arising out of the decision of the claims tribunal judge, dated 18th september, 1979, is the extent of liability of the appellant insurance company. it has been urged that in view of the specific provisions contained in section 95(2)(b) .....
Tag this Judgment!Court : Kolkata
Reported in : 1976CriLJ50
..... penal code.3. on april 2. 1971. the undersecretary to the government of india, department of company affairs. acting under the direction of the secretary, sent a complaint to the director, central bureau of investigation and inspector-general of police, delhi special police establishment, new delhi, regarding the commission of the aforesaid ..... of this inspection, according to the respondents, it appeared from the books of account that the directors and persons carrying on or conducting the business of the bajoria group of companies, acting in conspiracy with each other, had committed various illegalities which amounted to cognizable offences punishable under sections 406/ 409/420/468/477-a and section 120-b of the indian .....
Tag this Judgment!Court : Kolkata
Reported in : (1993)1CALLT79(HC)
..... . according to the averments made in paragraph 4 of the counter affidavit filed by one g. p. choudhary, the company secretary of the respondent company, the raw jute as delivered to the respondent company by the petitioner are started in the godown spaces hired by it at agarpara, cossipore, cossimbazar, islampur and kishanganj. if ..... siddeswar haider and ors. (1991(1) clj 467) and the following decisions :-(i) : [1977]3scr249 - radha krishna agarwal and ors. v. state of bihar, (ii) : [1980]2scr704 premji bhai paimar and ors. v. delhi development authority and ors. (iii) : [1981]3scr662 the divisional forest officer v. bishwanath tea co. ltd, (iv) : [1989 ..... does so, it cannot arbitrarily choose any person it likes for entering into such relationship and discriminate between persons similarly circumstanced, but it must act in conformity with some standard or principle which meets the test of reasonableness and non-discrimination and any departure from such standard or principle would be .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1967Cal450
..... license fee (vide challan in anex. 'h'). but on the 5th april, 1966, the petitioner received a copy of a letter (anx 'i' written by the assistant secretary, excise department, government of west bengal, to the excise commissioner (o/p. no. 2) by which the government approved of the grant of the brewery license in respect ..... .8. the questions raised in this case may be dealt with under the following heads:--1. whether the application for renewal presented by the petitioner, along with the company (anx. 'f') has been determined according to law. 2. whether the state government has jurisdiction to issue the impugned order or direction. the right to apply ..... firm as well as their relations, such as framroze ruttonjee, have ceased to be the directors of the company with effect from june or july, 1965, by reason of an alleged contravention of the provisions of section 295 of the companies act, 1956. the validity of the appointment of shri thakur is, however, questioned in the affidavit of .....
Tag this Judgment!Court : Kolkata
Reported in : (1996)2CALLT81(HC)
..... done, fastens upon the property, and the contract to assign becomes in equity a complete assignment. so, where an agreement has been entered into by a company with a clear intention of creating a charge, a charge will be held to be established notwithstanding defects of form, if the transaction is inter viras; and ..... approved the said recommendation in toto. it is the case of the writ petitioner that though the owner was not required under the building rules or the act to shift underground reservoir beyond 3.5 metres from the operative line from sarojini naidu saranl (old rowdon street). the respondent writ petitioner followed the said ..... appear that in the outlined development plan of the calcutta metropolitan development authority, prepared under the provisions of the west bengal town and country (planning and development) act, 1979, that there was a proposal for widening of shakespeare sarani, whereby a strip of land falling within 11 metres from central line of shakespeare sarani would .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal195,61CWN970
..... but succeeded before the patna high court and when the appeal was argued before the judicial committee their lordships caused a notice to be served upon the secretary of state asking him whether he would intervene in view of the fact that questions affecting the title of the government to minerals were raised. upon the ..... of coal from 1834 to 1844 arid then after 11 years of inaction sold to the plaintiffs in 1855. the plaintiffs possession was interfered with by stanley coal company who purchased from dixon's legal representatives. the question that arose for the decision of the court of exchequer was whether the plaintiff's possession was confined to ..... as to possession. (after enumerating the evidence, his lordship proceeded). 16. according to mr. mitra the hazras never worked a mine within the meaning of the indian mines act (act viii of 1901) before 1908 and between 1909 and 1931 when, according to mr. mitra, the mines were finally closed there were four breaks in the continuity of the .....
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