Judgment Search Results Home > Cases Phrase: delhi rent control act 1958 repealed section 56 power to make rules Court: kolkata Page 15 of about 506 results (0.126 seconds)

Assistant Collector of C. Ex. Vs. Calcutta Chemical Company Ltd.

Court : Kolkata

Reported in : 1992(62)ELT511(Cal)

..... of limitation prescribed by the statute and it is incumbent upon the authority concerned lo refund the sum so realised.28. if duly was realised in contravention of the act, as has been done in the instant case, such realisation would be without authority of law and, consequently, bad and the government have a corresponding duty lo ..... short-paid as has been erroneously observed in the said impugned order. the said finding of the asstt. collector is contrary to the provisions of section 11b of the act.23. there is another aspect of the matter. the question is, even assuming the claim for refund was barred by limitation, whether the appellants have any right, ..... been contended by the learned advocate for the respondent that the refund claim of the respondent was well within the period stipulation, under section 11b of the said act, it was made within six months from the relevant date as prescribed in the said section.16. the only question which calls for determination in whether having regard .....

Elbridge Watson Vs. R.K. Das

Court : Kolkata

Reported in : AIR1951Cal430,[1951]19ITR538(Cal)

..... that the powers conferred by article 226, indian constitution, are not subject to the restrictions imposed by the provisions of section 67, income-tax act, & the same cannot override or control the provisions of article 226, indian constitution.14. mr. meyer appearing on behalf of the resp. then contended before me that article 226 ..... been passed, cannot be interfered with under article 227, indian constitution, & their lordships relied on the decision of the judicial committee in delhi cloth & general mitts co. ltd. v. income-tax commissioner, delhi & the principle laid down, namely, that while provisions of a statute dealing merely with matters of procedure may properly, unless that ..... (2) which is important for the present purpose runs as follows :'the commissioner may, on application by an assessee for revision of an order under this act, passed by any authority subordinate to the commissioner, made within one year from the date of the order, call for the record of the proceeding in .....

Garg Sales Co. (Pvt.) Ltd. Vs. Commissioner of Customs

Court : Kolkata

Reported in : 1996(87)ELT341(Cal)

..... . 20,000/- under section 112(a) of the customs act.5. being aggrieved by this order the petitioners preferred an appeal to the customs, excise and gold (control) appellate tribunal, inter alia, praying for reliefs as contained in the memorandum of appeal. in the said appeal a stay ..... writ application the writ petitioner has prayed for a direction upon the respondent no. 1, commissioner of customs to act in accordance with law and to implement the order dated 24-8-1995 passed by the customs, excise and gold (control) appellate tribunal, eastern [bench], without any further delay and also for a direction on the respondents to ..... of the writ petitioner and confirmed that the said goods were liable to confiscation under section 111(m) of the customs act and the writ petitioner was liable to pay penalty under section 112(a) of the said act. the commissioner of customs also imposed a redemption fine of rs. 1 lakh and further imposed a penalty of rs .....

Narendra Gudgud Vs. Central Bureau of Investigation (Eow)

Court : Kolkata

Reported in : 2009CriLJ4278

..... for external affairs. the request also enclosed a certificate duly signed by the minister-counseller for the consular, the embassy of united states of america, new delhi. is also enclosed with the request.2. i would be grateful, if the attached documents could be sent to the concerned united states authorities soonest possible ..... it relates to taxation or revenue or is one of a purely fiscal character.4. extradition shall be granted for an extradition offense regardless of where the act or acts constituting the offense were committed.5. if extradition has been granted for an extraditable offense, it shall also be granted for any other offense specified in ..... the government of india. the correspondences produced by mr. ranjan roy, learned advocate appearing for the cbi shows that consistent with the provisions of the extradition act it is the ministry of external affairs that requested the government of usa through embassy of india at washington for extradition of the petitioner. it is .....

Safique Alam @ Safi Vs. the State

Court : Kolkata

Reported in : 1996(63)LC537(Calcutta)

..... recovery of the packets.17. it has been debated at the bar that the object of the ndps act has been made stringent for control of drug menace. we were not unmindful that the legislature while legislating the provisions under the ndps act, took into consideration the menace of illegal drug trafficking, for which, the corresponding rights of ..... investigational agency. it is a balancing factor for preservation of right and liberty. therefore, there must be faithful adherence to the provisions of section 50 of the ndps act, in default, the scope of harassing the innocent persons is more immediate than remote.18. the search and seizure within the realm of section 50, according ..... to the ld. counsel for the accused, is that the officers authorised under the act is statutorily required to search a person either in presence of any gazetted officer or before any nearest magistrate. the failure to comply with the aforesaid provisions .....

Chandra and Sons (P) Ltd. Vs. Union of India (Uoi)

Court : Kolkata

Reported in : 1992(57)ELT537(Cal)

..... bar of foreign origin primary gold and other items i.e. items no. 2, 4 and 5 of the search list under section 71(1) & 71(2) of the gold (control) act, 1968.i also impose penalty of rs. 500/- (rupees five hundred only) each on m/s. chandra & sons (pvt.) ltd. and shri tarak nath chandra under section 74 of the ..... addressed to the additional joint secretary (revision application), government of india, ministry of finance (department of revenue) jeevan deep buildings, parliament street, new delhi.'6. the petitioners accordingly filed a revision application under section 131 of the 1962 act from the order dated 15-1-1979 before the revisional authority. it is not disputed that the application was filed within time. in .....

Ashim Kumar Dutta Vs. State of West Bengal and anr.

Court : Kolkata

Reported in : 1989CriLJ1797

..... the other favouring a conviction, the former, as pointed out by the supreme court, even in a case under the prevention of food adulteration act, in dhan kumar v. municipal corporation of delhi : 1979crilj1343 , has got to be accepted and as already noted, this is not a case of adulteration of food and even the appellate ..... can they still be liable for non-compliance with the rule and dealing in misbranded food? the three-judge bench of the supreme court in bhagwan das v. delhi administration : 1975crilj1091 appears to be an authority for the view that before a dealer, whether manufacturer, wholesaler or retailer, can be convicted for storing or exposing ..... not draw the presumption that the consideration and application of mind were duly made, there being always a presumption, even though permissive only, in favour of official acts having been regularly performed. if, however, the materials on record show or reasonably suggest that the relevant materials were not and could not be placed, such .....

Bablu Singh Vs. Coal India Ltd. and ors.

Court : Kolkata

Reported in : [2008(119)FLR1160]

..... different state functions call for analysis. they result from the activities of the state: first, as protector; secondly, as provider; thirdly, as entrepreneur; fourthly, as economic controller; fifthly, as arbitrator.w. friedmann also observed:that the content of the rule of law cannot be determined-for all time and all circumstances is a matter not for ..... case observed that 'we expect a public sector undertaking which is a 'state' within the meaning of article 12 of the constitution of india not only to act fairly but also reasonably and bona fide. in this case, we are satisfied, that the fiction of the respondent is neither fair nor reasonable nor bona fide.' ..... court observed that seeking enforcement of terms and conditions of a non-statutory agreement or settlement within the meaning of section 2(p) of the industrial disputes act, 1947, one is not entitled to approach the writ court. the non-statutory agreement casts a statutory obligation on the company and on its failure to discharge .....

Road Builder (M) Sdn Bhd Vs. Tantia Constructions Limited

Court : Kolkata

..... of madhusudan gordhandas v. madhu woolen industries pvt.ltd reported in (1971) 3 scc632wherein the apex court had opined that: w here the debt is undisputed the court will not act upon a defence that the company has the ability to pay the debt but the company chooses not to pay that particular debt. where, however, there is no doubt that ..... exact amount of the debt is disputed the court will make a winding up order without requiring the creditor to quantify the debt precisely. the principles on which the court acts are firs.that the defence of the company is in good faith and one of substance, secondly, the defence is likely to succeed in point of law, and, thirdly, ..... its debts due from a company. in amalgamated commercial traders (p) ltd.v.a.c.k.krishnaswami this court quoted with approval the following passage from buckley on the companies acts (13th edn,p.451). i t is well-settled that a winding up petition is not a legitimate means of seeking to enforce payment of the debt which is bona .....

Commissioner of Income-tax Vs. Rungamatee Tea and Industries Ltd.

Court : Kolkata

Reported in : [1993]199ITR282(Cal)

..... to january 1, 1969. clause 14 of the agreement contains sub-clauses (a) and (b). sub-clause (a) provided that the vendor would have absolute control over the operational function of the tea estate and the purchaser could offer suggestions, which suggestions the vendor would consider but would not be under any obligation to accept ..... the agreement will come into effect from a date anterior to the date of execution of the deeds of conveyance. it has been categorically provided in the agreement that all rents, taxes, cesses, income-tax, super profits tax, surtax, sales tax, agricultural income-tax, assam carnage tax, road tax and all other taxes and outgoings, etc ..... argument is clearly fallacious. the income arising out of agricultural operations in the tea estates would not come within the ambit of the provisions of the income-tax act, 1961, because that would be income from agriculture. the manufacturing process after the tea is grown gives rise to business income. the sale proceeds of such .....