Court : Kolkata
Reported in : (2007)3CALLT401(HC),2007(3)CHN358
..... and not otherwise as if in exercise of plenary powers. the fifth respondent cannot incite equitable consideration to gloss over the jurisdictional error committed by the secretary in finding in his favour. whatever the consequences of the alleged admission, the fifth respondent is left to take advantage thereof in any proceedings that ..... dispossession by the appellant was within the period of two years preceding such complaint, no further steps could have been taken in the matter. the secretary clearly committed a jurisdictional error in reversing the decision of the sub-divisional officer and reinstating the tehsildar's order, though the sub-divisional officer' ..... slip out of the civil court's domain to reach specialized and so-called expert. tribunals. for one, the companies act, 1956 empowers the company court to receive an creditor's claim against a debtor company, subject, however, to the condition that the claim must be indisputable. similarly, and notwithstanding regulation 204 in the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1980Cal341,85CWN25
..... 1977 sc 597, which has been strongly relied on by mr. dipan-kar gupta, learned counsel appearing on behalf of the respondent no. 2, m/s. sunil & company of which the respondent no. 1 is the proprietor. mr. gupta, while supplementing the arguments of mr, naranarayan gooptu, appearing on behalf of the respondent no. 1, ..... of the said contract from the foreign buyers, namely, the said kasner limited. london as contained in their letter dated nov. 6, 1979. on jan. 1, 1980, the respondents through their shipping and clearing agent presented 10 shipping bills of an aggregate quantity of 9810 k. gs. of argenti nitras i. p.. for transport to ..... wines and medicinal preparations containing alcohol. the supreme court, after taking into consideration certain constitutional provisions, inter alia declared sections 12 and 13 of the said act as unconstitutional and void in so far as the same affected the selling or buying or the possession of liquid medicinal and toilet preparations containing alcohol. in .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal512,70CWN520
..... an alteration in its board of directors, or of its managing agent, or secretaries and treasurers or manager, or in the constitution or control of the firm or body corporate acting as its managing agent, or secretaries and treasurers, or in the ownership of the company's shares; or if it has no share capital, in its membership, ..... or in any other manner whatsoever, and that by reason of such chance, it is likely that the affairs of the company will be conducted in ..... as factory manager. in the following june two new directors were appointed at an extraordinary general meeting of the company. in july 1949 george elder gave notice to the company that he was leaving their employment as secretary. the petition under section 210 was raised more than eighteen months afterwards at the instance of five shareholders disclosing .....
Tag this Judgment!Court : Kolkata
Reported in : [1986]60CompCas381(Cal)
..... no. 2 to its original registered office.14. koshy george, respondent no. 2 in this proceeding, as the secretary and treasurer of the trust association has filed annual return of the trust association under section 160 of the companies act, 1956, up to 1982. such returns do not appear to have been filed by petitioner no. 2 through ..... reasons were given as to what prevented respondent no. 2 to requisition a meeting in the usual course.30. the petition before the company law board of respondent no. 2 as the secretary of the trust association should have been dismissed in limine.31. no agenda of the proposed meeting was annexed nor any explanatory statement to ..... union without leave of court. from another order passed in miscellaneous appeal no. 407 of 1978 on january 25, 1980, by the learned additional district judge, proceeding in revision was initiated in this court and on june 12, 1980, an order was passed by this court recording an interim settlement between the parties. in the said order, .....
Tag this Judgment!Court : Kolkata
Reported in : [1982]52CompCas127(Cal)
..... the suspense account and was not credited in the name of bhagirath murarka. it is true that both romen mukherjee, the managing director of the company, and the secretary of the company were also connected with the said sagar lines (india) private ltd. but it could not at the same time be denied that the two were ..... 41, rule 27 of the cpc, as amended by the act of 1976. it is contended that the two companies have common directors and common secretary. romen mukherjee, the managing director of martin burn ltd., is personally interested in the other company and so is the secretary, who is the secretary in both the concerns. accordingly, the provisions of order 41 ..... to rely thereon and, accordingly, made an application for additional evidence to be adduced. the appeal court made an order on january 28, 1980, whereby leave was granted to the appellant-company to file a supplementary paper book containing the copy of the said letter dated june 7, 1977, addressed to m/s. sagar lines (india) private .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1989Cal40
..... 'd' hereof. 8. the funeral expenses of the said deceased were duly paid and so were his tax liabilities under income-tax act and wealth-tax act. his funeral expenses were duly paid to lawrence and company as will appear from the said affidavit of assets in annexure 'a' thereto as also his other debts referred to therein. there ..... section 617, companiesact, 1956(1 of 1956); (ii) any military, naval or air force institution; (iii) any bank.' explanation:-- in this clause 'bank' means any banking company as defined in clause (c) of section 5, banking regulation act, 1949 (10 of 1949), and includes, (a) the reserve bank of india constituted under the reserve bank of india ..... and though it may be treated as part of the banking business of the company, the real question is whether they are entitled to exemption and in this context the part played by them under the banking regulation act, 1949 and the state bank of india act, 1955 does not make any difference. accordingly, it is not necessary for .....
Tag this Judgment!Court : Kolkata
Reported in : [1980]50CompCas75(Cal)
..... secretary of state is in somewhat different category from a petition presented by a creditor or contributory since the latter petition in their own ..... section 35(1) of the english companies act, 1967. in the facts of that case, it was held that the petition presented by the ..... c), section 433 and it is just and equitable to wind up the company under section 433(f) of the companies act, 1956. mr. law cited a decision of the english court in re lubin, rosen and associates ltd. [1975] 1 all er 577 (ch d), where the secretary of state presented a petition for a compulsory winding-up order pursuant to .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1982Cal127,1982(1)CHN54,86CWN456
..... with effect from 3-4-1969, the posts of managing agents, secretaries and treasurers have been abolished with effect from 3-4-1970. previously, messrs andrewyule, co., could act as the defendant's agent. but after such mandatory provisions of the companies act came into force, that company could no longer act as the defendant's agent. even if the alleged notice to quit ..... from defendant no, 3 to receive the same, still the service would be a good one. in the case of v. dhanapal chettiar v. yesodai ammal in : [1980]1scr334 , the special bench case in : air1964cal1 was overruled. it was held that at present no notice to quit under section 106 of the transfer of property ..... is at 8, clive rowhe also says that he has not filed any paper to show that andrewyule & co. has ceased to be the treasurer and secretary of the defendant-company.18. the address of appellant-company (defendant) is 8, clive row d. w. 1, bejoy kumar tandon, has made a very significant statement that mr. r. lall is the chairman .....
Tag this Judgment!Court : Kolkata
Reported in : (1983)35CTR(Cal)225,87CWN756,[1983]144ITR94(Cal)
..... under section 72a of the i.t. act, 1961, for a declaration under the said section so that the petitioner-company might carry forward and set off the accumulated loss and unabsorbed depreciation of the amalgamating company, i.e., the national tobacco company of india ltd. on 16th november, 1978, a deputy secretary of the govt. of india, ministry of ..... delhi high court in the case of atlas cycle industries ltd. v. union of india (c.r. petn. no. 754 of 1979 disposed of on 13th march, 1980--since reported in : [1983]141itr168(delhi) ). the division bench of the delhi high court had allowed the said writ petition and had quashed the decision of the ..... india and in case the specified authority takes into account extraneous matters, the writ court may command the specified authority to again consider the matter.7. the deputy secretary in his memo dated 16th november, 1978, did not set the reasons why the specified authority had declined to recommend to the central govt. the aforesaid scheme .....
Tag this Judgment!Court : Kolkata
Reported in : [2000(86)FLR819],(2000)ILLJ519Cal
..... with the privilege of immediate reinstatement as ordered in the award. following the principle adopted by the apex court in workmen of sudder workshop of jorhat tea company v. the management (1980-ii-llj-124) (sc), we deem it proper not to punish the employer as above only for an alleged shortfall of rs. 552.87 which was ..... is reproduced below :'the management, however is taking steps towards the payment of legal compensation which is payable to you under section 25-f of the industrial disputes act, 1947 as per details of calculation given below. statement of calculation1.one month's wages in lieu of notice...........rs. 1,105.752.15 days' wages for ..... surplus hand due to loss of business volume in the company and an amount of rs. 9030.30 was paid as retrenchment compensation. the workman received the said amount without raising any objection before the date of retrenchment. by a letter dated june 4, 1991, the joint secretary of the bengal motion picture employees' union protested against .....
Tag this Judgment!