Court : Kolkata
Reported in : AIR1981Cal130,85CWN273
..... and seal on the doors. the respondents appeared and opposed the prayer for the issuance of the rule. an affidavit-in-opposition affirmed by the secretary of suratirtha on july 13, 1980 was filed. no affidavit was, however, filed on behalf of the state respondents. in the said affidavit-in-opposition filed on behalf of suratirtha, ..... court was considering the question whether payment of commission out of profits was outside the provisions of sub-sections (1) and (2) of section 76 of the companies act. it was observed that the two sub-sections must be read as a whole as parts of an integral whole. sub-sections (1) and (2) of ..... from the requisitioned premises, the order of requisition and the dispossession of the appellants were illegal, inoperative and void. (2) the state government and its officers acted illegally and mala fide in issuing the order of requisition and in dispossessing the appellants from the requisitioned premises and (3) suratirtha being a private profit-making institution .....
Tag this Judgment!Court : Kolkata
Reported in : [1983]53CompCas693(Cal)
..... competency. in our opinion, in view of order 29, rule 1, it will be sufficient if an execution petition is verified by the secretary or any director or other principal officer of the company. even assuming that an affidavit of competency is necessary, more than one such affidavit have been filed in the instant case in support of ..... schedule. in the circumstances, we hold that the order of rectification is virtually an order of clarification of the order passed under section 394(2) of the companies act. such an order of rectification by way of clarification not having made any change in the order will take effect from the date the order was originally made. ..... in peirce leslie and co. ltd. v. miss violet ouchterlony wapshare : [1969]3scr203 and in narendra bahadur tandon v. shankar lal [1982] 52 comp cas 62 ; : [1980]2scr821 . in these decisions, it has been held by the supreme court that after a corporation is dissolved, the property of the corporation passed to the government by escheat or .....
Tag this Judgment!Court : Kolkata
Reported in : [1980]50CompCas771(Cal)
..... application who were two of the retiring directors were eligible for re-election at the meeting. on december 14, 1975, the secretary of the company issued notice under section 257(1)(a) of the companies act intimating that three nomination papers, namely, by bela devi, kartick acharya and dilip kumar ghosh signifying their intention to propose the ..... the place, date and time of the adjourned annual general meeting for the year 1974-75. notice for the said meeting was issued by the assistant secretary of the company to which objections were taken by the petitioners in the instant application and respondent no. 2, to the effect that the articles of association did not ..... to the formalities of calling a meeting in this matter wherein all the orders were made by the court under sections 397, 398 and 402 of the companies act. thus, the court could appoint a special officer under sections 397 and 398 and give directions regarding the holding of annual general meeting. such directions might .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1983Cal106
..... ; stearic, 1-9; oleic, 40-53; linoleic 2-11. 18. reliance was also placed on a letter of the secretary, central committee for food standard to all port health officers where the characteristics of palm oil was stated which is as follows:-- ..... above for payment effected under these credits the negotiating bank is to reimburse themselves on our account with bankers trust company, new york. these are operative credits. no air mail confirmation will followuco bank. calcutta.' the said advice, ..... to the appellant, is admitted by the united commercial bank as would be evident from its letter dated 6th april, 1980. this letter was addressed by the united commercial bank to the plaintiff with enclosures being the letter of credit as ..... a long delay was not permissible, according to the appellant, under the uniform customs and practice of the documentary credit act. 1974. which provided that if objections to the shipping documents were not communicated 'expeditiously', the issuing bank should be .....
Tag this Judgment!Court : Kolkata
Reported in : (1994)2CALLT300(HC),99CWN1
..... the award and satisfy the decree.37. on behalf of the plaintiff respondent, shri mitra relied on' the case of mareva v. international bulkcarriers reported in (1980) 1 all er 213 and submitted that the injunction granted in this case is fully justified by the aforesaid decision.38. dealing with this decision, lord denning ..... chandra agarwal, c.j.1. r.m. investment & trading company private limited (briefly stated as 'r.m.i.') the plaintiff-respondent was the company incorporated under the companies act, 1956. in and around 1986, r.m.i. entered into an agreement with boeing company (for short 'boeing'), a company incorporated under the laws of the state of delaware, united states ..... the provisions of sub-rule, is void. after the amending act of 1976, it has been held in the cases noted below that an order of attachment without compliance with the provisions of rule 5(1) will be void.'v. vijayalashmamma v. s. lakshmaiah & sons air 1980 ap 176, g. kuppathi mudaliar v. murugesan : air1982mad49 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1974Cal336
..... of records of this case. from the said documents it appears that on april 28, 1972 the joint controller of patents and designs had referred to the under-secretary to the government of india, department of atomic energy, and in which it was stated that the 'imaging system' for which an application had been made ..... , and accordingly he sought direction under sub-section (6) of section 20 of the said act of the central government whether he should proceed with the said application or not. to this on july 12, 1972 the under-secretary to the government of india communicated the following:--'i am directed to refer to your letter no. 14a ..... to the high court under the patents act, 1970. the order challenged in this appeal is regarding the application for patent no. 133687 filed on november 19, 1971, by raytheon company, of lexington, county of middlesex, commonwealth of massachusetts, united states of america. it appears that the said company is a company organised and existing under the laws of .....
Tag this Judgment!Court : Kolkata
Reported in : 1980CENCUS436D,1981(8)ELT27(Cal)
..... central excise rejected the said appeal as time barred without going into the merits of the case. the petitioner company filed a.revisional application under section 36 of the act- the joint secretary to the govt. of india, ministry of finance (department of revenue and insurance) rejected the said revisional ..... application and upheld the order of the appellate collector holding the appeal of the petitioner as time barred. the aforesaid orders are subject-matter of challenge in civil rule no. 3133(w) of 1976. 3. on 10th june, 1971 the petitioner company ..... section 35 of the central excises and salt act to the appellate collector of customs, calcutta, customs house, calcutta-1. on 14th september, 1971, the said appellate authority received postal cover containing the said appeal preferred by the petitioner company. the appellate collector of central excise by .....
Tag this Judgment!Court : Kolkata
Reported in : 1988(17)LC229(Calcutta),1987(30)ELT67(Cal)
..... november, 1973 after elaborate review of the facts and evidence placed before it, held that the classification of the m.g. poster paper manufactured by the petitioner company should be classified under the heading 'printing and wrapping paper.'4. the government of india started proceedings for review of the aforesaid orders passed by the appellate collector ..... of central excise and is sued notice under section 36(2) of the central excises and salt act, 1944, as it stood at that time on 15th november, 1974. in that notice addressed to the petitioner company it was alleged that on examination of the records of the case, the central government was tentatively of ..... the petitioner. the government of india once again issued a notice under section 36(2) for revising the order dated 9th june, 1980 passed by the appellate collector. this notice dated 04-12-1980 is the subject matter of this writ petition.6a. it has been urged by the petitioner that the government of india is approaching .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1984Cal240,[1986]60CompCas955(Cal)
..... . in this rule, the order dated 3rd november, 1980 issued by the joint secretary, ministry of industry (department of industrial development) passed in exercise of the powers conferred by clause (a) of sub-section (1) of section 18aa of the industries (development and regulation) act, 1951 authorising the bihar state sugar corporation limited. patna ..... possession was for a limited period and after the expiry of the said period further extension of such management cannot be made without giving the petitioner company and/or its directors all reasonable opportunities of being heard. as such extension has been purported to be made without deciding the necessity of such ..... extension of management after giving reasonable opportunity of being heard to the petitioner company and/or its directors and/or principal officers, the purported extention after the expiry of two years period from the date of initial taking over .....
Tag this Judgment!Court : Kolkata
Reported in : 1981(8)ELT398(Cal)
..... of the court observed as follows:-'20. the next question is : what exactly is the meaning of the term the 'wholesale cash price'? in vacuum oil co. v. secretary of state for india in council, 59 ind. app. 258 (air 1932 pc 168) it was held that the term means the price paid by retail traders on wholesale ..... e.l.t. (j 461)-: (1978) cencus 979, which has expressly dissented from the view expressed in golden tobacco company's case (supra). it is also submitted by the learned counsel that in electric lamp - v. collector of central excise, 1980 (ii) c.h.n. 49, hereinafter referred to as elmi's case, my lord the chief justice and s.c ..... factory or other premises aforesaid.'.6. the first question that requires consideration by us relates to the principle that should be followed in assessing and levying excise duty under the act on the goods manufactured by the respondent. it is contended by mr. a.k. banerji, learned counsel appearing on behalf of the appellants, the central excise authorities, that .....
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