Court : Kolkata
Reported in : [1996]217ITR434(Cal)
..... high courts in this country including the division bench of this court have consistently taken the view that under all direct taxes acts, viz., the wealth-tax act, 1957, the gift-tax act, 1958, and the estate duty act, 1953, the only proper method of valuing the shares of an unquoted private limited company is the break-up method as ..... of the powers conferred on it under section 20(1)(e) of the estate duty act, 1953. these rules are special rules which are applicable to controlled companies alone. there is a separate chapter dealing with controlled companies under the estate duty act ; sections 17, 18, 19 and 20 deal with 'controlled companies'. these sections lay ..... the circumstances that this court felt that the commissioner of wealth-tax was fully justified in invoking the provisions of section 25(2) of the wealth-tax act, 1957, since the earlier assessments in question were completed by the wealth-tax officer without making proper enquiry as to the value of land prevailing at jaipur at .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1996Cal28,100CWN197
..... nevertheless there must appear to be a real likelihood of bias. surmise or conjecture is not enough.71. in manak lal v. dr. prem chand reported in : [1957]1scr575 , the supreme court observed (at p. 429) :--'but where pecuniary interest is not attributed but instead a bias is suggested, it often becomes necessary to consider ..... of administrative action (4th edition) and wade's administrative law at page 483.12. the learned counsel has also relied upon manek lal v. dr. prem chand, reported in : [1957]1scr575 ; mineral dev-elopment ltd. v. state of bihar, reported in : [1960]2scr609 ; the andhra pradesh road transport corporation v. shri satya nara-yan transport co. (private ..... an inquiry under this section may exercise such of the powers of an inspector under this act as he may think it necessary or expedient to exercise for the purposes of the inquiry. (4) the person holding an inquiry under this chapter shall make a report to the central government stating the causes of the accident and its .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1996Cal89,100CWN357
..... by the parliament, the time must be a reasonable one. from an authoritatives exposition on legislative procedure by robert luce at page 561 there is a chapter when the law comes into effect. it has been said therein by summarising laws of all the countries that reasonable time should not be more than two ..... of constitutional amendment. 31. in support of the said contention, the petitioners have relied upon the judgment and., decision in the case of in re: kerala education bill, 1957 special reference 1 of 1955 reported in air 1958 sc 956. 32. therefore it has been argued that the two cases, one reported in : 1982crilj340 . and the ..... by peoples' union for civil liberty and thirteen public men of eminence praying for a mandate on the central government to implement the prasar bharati (broadcasting corpn.) act, 1990 forthwith without further delay.the petition was moved with notice to the central government, its officers, all recognised national political parties and their leaders. all .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)1CALLT297(HC),[1998(79)FLR406],(1998)IIILLJ777Cal
..... has led to that dispute, but does not include any such person(i) who is subject to the air force act. 1950 (45 of 1950), or the army act. 1950 (46 of 1950) or the navy act 1957 (62 of 1957) or(ii) who is employed in the police service or as an officer or other employees of a prison ..... instated that section 22c(2) of the industrial disputes act alone, may apply.'after the enactment of the industrial disputes act, 1947 by the dominion parliament, the uttar pradesh industrial disputes act, 1947 was enacted by the provincial legislature. the scheme of two acts is substantially the same. chapter v-a relating to lay off and retrenchment was added ..... in the industrials disputes act by act 43 of 1953. from time to time .....
Tag this Judgment!Court : Kolkata
Reported in : [1997]223ITR351(Cal)
..... : provided that if any liability for any tax or any other sum remaining payable under this act, the wealth-tax act, 1957 (27 of 1957), the gift-tax act, 1958 (18 of 1958), the estate duty act, 1953 (34 of 1953), or the companies (profits) surtax act, 1964 (7 of 1964), by any person entitled to the consideration payable under section 269uf, ..... the tenants and give vacant possession to the purchaser within one year, in which the purchaser agreed to co-operate.4. in view of the provisions of chapter xx-c, income-tax act, 1961, form no. 37-i was filed in respect of the aforesaid agreement on december 26, 1994.5. form no. 37-i clearly stated that ..... opinion that any encumbrance on the property or leasehold interest specified in the aforesaid agreement for transfer is so specified with a view to defeat the provisions of this chapter, it may, by order, declare such encumbrance or leasehold interest to be void and thereupon the aforesaid property shall vest in the central government free from such .....
Tag this Judgment!Court : Kolkata
Reported in : (1997)143CTR(Cal)342
..... s. 269ue :provided that if any liability for any tax or any other sum remaining payable under this act, the wt act, 1957 (27 of 1957), the gt act, 1958 (18 of 1958), the estate duty act, 1953 (34 of 1953), or the companies (profits) surtax act, 1964 (7 of 1964), by any person entitled to the consideration payable under s. 269uf, the ..... vacated by the tenants and give vacant possession to the purchaser within one year, in which the purchaser agreed to co-operate.in view of the provisions of chapter xx-c, it act, 1961, form no. 37-i was filed in respect of the aforesaid agreement on 26th december, 1994.form no. 37-i clearly stated that the vendors ..... that any encumbrance on the property or leasehold interest specified in the aforesaid agreement for transfer is so specified with a view to defeat the provisions of this chapter, it may, by order, declare such encumbrance or leasehold interest to be void and thereupon the aforesaid property shall vest in the central government free from such .....
Tag this Judgment!Court : Kolkata
Reported in : (1997)1CALLT243(HC),1997(1)CHN454,(1997)IILLJ80Cal
..... 2)(b) is seen as an alternative source to section 10(4) to grant interim relief. in my judgment it is not. section 15 falls within chapter 4 of the act which deals with the procedure, powers and duties of authorities. the procedure and powers of courts and tribunals nave been laid down in section 11(1) which ..... , the promotion of industrial peace in the interest of the general public (see punjab national bank ltd, v. sri ram kunwar, industrial tribunal, delhi and ors., (1957-i-llj-455)(sc); the rajasthan state road, transport corporation and anr. etc. v. krishna kant etc. etc., (supra).39. furthermore, if the sole purpose for ..... the employer/workman and in the case of discharge, dismissal, retrenchment or termination grant the workman the subsistence allowance permissible under the west bengal payment of subsistence allowance act, 1969.42. for these reasons i respectfully differ from the view expressed in ganges printing case (supra)and the other decisions following it and hold that section 15 .....
Tag this Judgment!Court : Kolkata
Reported in : [1999]238ITR343(Cal)
..... writ petitioner no. 2 before me. they have jointly challenged the valuation report of the valuation officer made under section 16a of the wealth-tax act, 1957 (hereinafter referred to as 'the act'). learned counsel for the revenue took a preliminary objection as to the entertain ability of this writ application at this stage, as no assessment ..... , so far as the valuation of the asset in question is concerned, proceed to complete the assessment in conformity with the estimate of the valuation officer. chapter vi of the act deals with appeals, revisions and references. section 23(1)(ha) says that subject to the provision of sub-section (1a), any person objecting to any ..... , i do not think that the submission of mr. bhattacharyya can be accepted. chapter iv of the act deals with assessment of wealth-tax. section 14 of the act contemplates filing of return of wealth by the assessee. section 16 of the act deals with the procedure for making the assessment of wealth by the concerned officer under .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)1CALLT179(HC)
..... sc 450. similar view has been expressed even earlier in the case of sarivar singh v. state of punjab reported in air 1957 sc 67 where it has been opined that count shall naturally reluctant to act on the tainted evidence of an approver unless it is corroborated in material particulars byother independent evidence. one need not have to search ..... corroborating witnesses.20. as in dicated earlier, we are conscious that there are certain important facets of the controversy involved in this proceeding. we now propose to unfurl a chapter relating to the relationship between the teacher and the taught, namely, between the tutor ranadhir and the student sudlpa. it appears from the evidence of pw 2 that she ..... could not be met and to meet his demand she had to hand him over her ornaments like gold neck chains and rings.22. now we turn to the chapter of conspiracy. even we find from the evidence of pw 2 that in fact ranadhir handed over 50 campose tablets and some ayurvedic tablets made to powder in a .....
Tag this Judgment!Court : Kolkata
Reported in : 2000CriLJ2189
..... of cases. section 190 of the code reads as under :-190. cognizance of offences by magistrate.- (1) subject to the provisions of this chapter, any magistrate of the first class, and any magistrate of the second class specially empowered in this behalf under sub-section (2), may take ..... the chargesheet within the time stipulated thereunder is deemed to be release on bail under the provisions of chapter xxxiii of the code. when an accused is granted bail under the proviso to section 167(2) or under the provisions of ..... of the apex court in narayan raov. state of andhra pradesh, air 1957sc 737 : 1957 cri lj 1320. this is a decision under the corresponding provisions of the old code as amended by the amending act, 1955. in paragraph 9 of the report it was, inter alia, held by the ..... chapter xxxiii of the code, same cannot be cancelled later on except under section 437(5) or section 439(2) provided .....
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