Court : Kolkata
Reported in : AIR1966Cal101
..... context. i believe what mr. banerjee wauled to argue was that the clarification letter was ultra vires section 37 of the central excises and salt act, which invests the central government with rule-making power. the clarification letter is no rule made by the central government. therefore invocation of that section ..... department, early in march, 1961, to declare patent and proprietary medicines of its manufacture, falling within the definition of the expression as in the drugs act. feeling difficulty in the matter of such declaration, because of absence of particularisation of all the pharmacopoeias, the petitioner company states, it consulted central excise superintendent ..... two notifications:'notification no. f-163/59d, dated 24th march, 1961, s. o. 701. in pursuance of clause (h) of section 3 of the drugs act, 1940 (23 of 1940), the central government, after consultation with drugs technical advisory board, hereby authorises the following pharmacopoeias for the purposes of clause (h) of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal220
..... common seal and with power to acquire, hold and transfer property, subject of course to provisions of the act, and can sue and be sued. the administration shall have its head office at delhi and may, with the previous approval of the central government, open branches at such places in india as ..... constitution. 20. mr. chatterjee has tried to argue before me that revenue recovery act and the public demands recovery act are onerous. he has also referred to my decision in ram ranjan rakshit v. chief administrator, rehabilitation finance administration, new delhi, reported in : air1960cal416 . that decision does not help the petitioner in this case ..... . the public demands recovery act is not so summary a procedure as discussed there, for it gives opportunities almost at every stage to .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1991Cal409
..... the two articles being entirely distinct and different, in disposing of an application under art. 227 of the constitution, the high court is not in any way controlled by the provisions under art. 226 of the constitution. hence the procedure that may be prescribed for application under art. 226 is not applicable to applications under ..... the certified copy on 8th day of september, 1978. immediately thereafter, the petitioner filed an application under ss. 8 and 9 of the west bengal land rules act before the subordinate judge, burdwan. the appropriate authority and the petitioner then deposited rs. 6,000/ - as consideration money and rs. 600/- being the legal ..... civil courts acts and the code of civil procedure are applicable to proceedings contemplated by that provisions before the district judge, and found the revision is maintainable.10. nature of power conferred under art. 227 of the constitution of india should not be viewed as being merely redundant so far the judicial control and power .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1967Cal338,[1966]18STC379(Cal)
..... on the facts and in the circumstances of the case the sales in question made under sanction and direction of me deputy coal controller (distribution) for the purpose of export were assessable under the bengal finance (sales tax) act, 1941; (b) whether on the facts and in the circumstances of the case the sales in question by delivery to the ..... to urge that the transaction in item (i) did not amount to a 'sale' at all, as defined in the act, being a transaction made under the directions of the government of india under clause 12e of the colliery control order, 1945, and that this question should be answered in favour of the assessee if he succeeds in showing that it ..... down that where sugar was despatched by the assessees in compliance with the directions tailed by the controller under the sugar and sugar control order, 1946, such disposal did not constitute a 'sale within the meaning of section 2(g) of the bihar sales tax act, 1947, or within the meaning of entry 48 of list ii of the 7th sch. .....
Tag this Judgment!Court : Kolkata
Reported in : (2001)2CALLT219(HC),[2001]106CompCas293(Cal)
..... necessary implication. the following are the most important rules of construction: (a) the operative part of a deed is controlled by the recitals where there is ambiguity. (b) where authority is given to do particular acts, followed by general words, the general words are restricted to what is necessary for the proper performance of the ..... ratan guin and prakash chandra (reported in : air1955cal338 ) construed the expression 'other parties thereto' in section 64 of n.i. act to the above effect, see para 8 of the judgment. in 1988, a learned single judge of delhi high court followed the division bench judgment of calcutta high court in manik ratan (supra). the ..... delhi high court judgment is reported in : air1988delhi372 .165. the mandatory nature of the requirement of presentation of the bill of exchange .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)2CALLT215(HC)
..... group of directors of the proposed public limited company with the future election of the directors left open to be dealt with and controlled by the provisions of the companies act. so that persons other than the stewards participate in the functioning of the company and the object of floating the company become successful ..... government has taken over the horse racing by and under the madras race club (acquisition and transfer of undertaking) act 1986, which controls races at madras and ooty. mere floating of a ..... dealing under provisions of the companies act. in fact, the races in bombay and bangalore are run by public limited companies called royal western india turf club limited for bombay and bangalore turf club limited for bangalore. bombay turf club controls pune and delhi and bangalore turf club controls mysore races. in tamil nadu the .....
Tag this Judgment!Court : Kolkata
Reported in : [1978]48CompCas698(Cal)
..... to the responsibility of directors, as has been rightly stated, it is a collective responsibility. the directors of this company were vested with wide powers of control and supervision under clauses 151 and 152 of the articles of association of the company. from these clauses, it appears that the powers to acquire and ..... . had they asserted their rights, things perhaps would have been different. as such, they cannot disown their responsibility either jointly or severally for the many acts of omission or commission perpetrated on this company. therefore, i am of the opinion, that the respondents are liable to compensate this company for the loss ..... liquidator nor any explanation was forthcoming about the whereabouts of these shares. the sleeping directors or directors in name are misnomers under the present indian companies act. the directors are elected by the shareholders to conduct the affairs of the company, faithfully and properly. as prudent and responsible persons they cannot shirk .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal565,67CWN460
..... of animals for (sic) of meat to the public as well for maximum utilisation of the blood and glands of animals slaughtered for medicinal purposes, under proper control and supervision, it is necessary to establish a slaughter house with adequate capacity.' (b) 'that the utilisation of blood and glands of animals slaughtered for medicinal ..... of a slaughterhouse. he says that while many states in india have passed laws prohibiting cattle slaughter. west bengal lags behind. he further states that the delhi municipal corporation turned down a proposal for establishment of a slaughter house and if a similar proposal had been put up before the municipal corporations of bombay and ..... public purpose under part vii as already indicated. see in this connection : [1955]1scr777 . in that case the question was whether the bombay land requisition act (bombay act xxxiii of 1958) was invalid inasmuch as the purpose of the requisition was not in express terms stated to be a public purpose. this court laid it .....
Tag this Judgment!Court : Kolkata
Reported in : (1982)29CTR(Cal)64,[1983]141ITR531(Cal)
..... 10(5) without reference to the provisions of section 10(2)(vi) was correct. the bombay high court noted that the interpretation must be guided and controlled by section 15c under which rules were made. section 15c required that the capital employed in the undertaking had to be computed and understood in accordance ..... really this allowance hardly partook of the nature of 'depreciation'. he also pointed to the fact that this initial depreciation was discontinued by the provisions of the act itself from the very next year after the development rebate was introduced by clause (vib). the fact that initial depreciation was substituted by its equivalent, 'the ..... and whether that should be taken into consideration in computing the capital employed for the purpose of giving relief under section 15c of the indian i.t. act, 1922. the relevant portion of section 15c provided as follows :'15c. exemption from tax of newly established industrial undertakings.--(1) save as otherwise hereinafter provided, .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2003Cal105
..... no. 2 held out himself to be a lessee of the suit property on the basis of the said patta of jugal kishore, the said defendant had no actual control over or possession of the suit property at the material time. since about four months back, the defendant nos. 1 and 2 wrongfully trespassed into the said suit ..... go back and the lease would be liable to be cancelled. third condition was that radhabenodini wife of late jugal kishore would get rent after the death of jugal kishore and pashupati ghosh will act as rent collector who will deposit the same with jugal kishore and after his death with radhabenodint.57. the defendant could not prove by any ..... company is a trespasser in thesuit property. alternatively, it was stated inthe plaint that the said m/s. east indiamoviton pvt. ltd. failed and neglected to payany rent in respect of the suit property for aperiod for more than three years since afterthe death of said jugal kishore ghosh andalso failed and neglected to start cinemabusiness or any .....
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