Court : Kolkata
Reported in : AIR1964Cal539
..... under chapter v. in advancing this argument, it is overlooked. that section 19(1) has been expressly made, 'subject to the provisions of this act', namely, the electricity (supply) act, 1948. if the matter stood there, there would be great difficulty in the way of the respondents. admittedly, no scheme had been framed and in ..... statutes have to be considered, the first being the indian electricity act, 1910 (act ix of 1910) and the other is the electricity (supply) act, 1948 (act no. 54 of 1948). both these acts are central acts and apply to the whole of india. i shall first of all deal with the indian electricity act, 1910. in section 2, the word 'licensee' has ..... bengal under the electricity act, 1910 to one a. k. bajpaie of calcutta to supply electrical energy at asansol. in of about the 7th july, 1936 the said a. k. bajpaie transferred his business together with his leasehold interest to the said company. thereafter, the licence granted to the said company was amended and the asansol .....
Tag this Judgment!Court : Kolkata
Reported in : (1966)IILLJ528Cal
..... regional provident fund commissioner, wrote a letter to the manager of the petitioner-company, the material portion of which is set out below:the employees' provident funds (amendment) act, 1960, has come into force with effect from 31 december 1960, under the government of india, ministry of labour and employment, notification no. s.c. ..... in support of this rule. he relied upon the language of sch. i and contended that the petitioner-company was not engaged in the manufacture of electrical, mechanical or general engineering products or parts or accessories of such products. he argued that the petitioner-company merely repaired parts and components of machinery, already ..... the petitioner-company does not fall within the description of business mentioned in the schedule, being, as it is, engaged in the treatment by repair of electrical, mechanical or general engineering products including their parts and accessories. the view i take is also the view taken by the patna high court in lawly sen .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal527,1965CriLJ487
..... (2) shall be laid before both houses of parliament as soon as may be after it is issued.' 3. tin's provision was inserted by the sea customs (amendment) act, 1955 which came into operation on the 7th may, 1955. 4. it is not disputed that the goods which were seized and ultimately confiscated in this case did not ..... of the search the customs officers seized 28 pieces of transister radio sets, 2 pieces transister phonographs, lip sticks, cigarette lighters, shaving razors, batteries for transister radio sets, electric shavers, fountain pens and other stationery goods as mentioned in a seizure list, a copy whereof is annexed to the petition and marked with the letter 'a'. on the ..... 1962 the assistant collector of customs and superintendent preventive service, (the respondent no. 2 in this application) passed an order by which item nos. 1 and 3 and electric shavers were released, but an order of confiscation was passed with regard to the remaining goods under section 167 (8) of the sea customs .....
Tag this Judgment!Court : Kolkata
Reported in : 1967CriLJ1411
..... case of irregularity or want of competency. the supreme court in banwari's case observed at page 1203, para-graph 31 of that report as follows:the amendment made in section 537 of the code by the code of criminal procedure (amendment) act (act 26 1955) does not in any way go in favour of the appellants as the result of the ..... privy council in babulal chaukhani v. king emperor makes the position of the law quite clear on this subject. there the point was that the charge of theft of electricity was not properly framed in that case on the particular ground that it was alleged that multiplicity of offences between april, 1934 and 16th january, 1935 had been alleged ..... amendment is that the scope of section 537 is made wider, covering cases of misjoinder of charges as well. 14. it is, therefore, essential to emphasise that misjoinder .....
Tag this Judgment!Court : Kolkata
Reported in : [1967]19STC447(Cal)
..... other than the three contingencies specified by section 16 unfortunately for the petitioner, this question has been answered against it by two single bench decisions of this court (bhartia electric steel co. v. commercial tax officer [1956] 7 s.t.c. 527 and merchant & traders v. state of west bengal [1963] 14 s.t.c. ..... court in harcharan v. assessing authority [1963] 14 s.t.c. 549, on which mr. chakravarty relies. section 7 (4) of the bengal act empowers the authority to amend the certificate 'in accordance with information', which means that if there is an 'information', it may relate to any subject-matter which may require an ..... the existing registration certificate, respondent no. 1 issued the letter dated 3rd october, 1961, at annexure 'd', asking the petitioner to submit its registration certificate for amendment to delete 'paper and ink' from the exemption clause as they are 'not necessary for use in the manufacture of toilets, ayurvedic and pharmaceutical preparations'. rejecting the .....
Tag this Judgment!Court : Kolkata
Reported in : [1967]66ITR179(Cal)
..... , can be accepted as correct. in mahesh anantrai pattani v. commissioner of income-tax this court had to consider section 7(1) of the act and explanation 2 thereto, as they stood prior to the amendments in 1955. the facts of that case were these : m. a. pattani, who was the dewan of the state of bhavnagar, was granted ..... to the firm on the termination of the agreement nor was compensation payable for temporary suspension of supplies. this agreement continued for a period of 16 years. phillips electrical co. decided to take over the distribution of lamps in those areas and served a notice upon the firm terminating the agreement with effect from june 30, 1954. ..... the firm was, however, free to deal in their lamps as regular lamp dealers. as a result of discussion between the firm and philips electrical co., certain minutes were recorded covering, inter alia, the furnishing by the firm of names of dealers over the past six months, the execution of local orders, certain .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal124,72CWN410,[1968(16)FLR289]
..... electric and power co. v. shreepathirao, : (1958)iillj9sc and it was contended that suit was the proper remedy. the court, however, kept the question open because, on the merits, it held that there was no such violation in the case before the court. it appears that the existence of section 13a, which was introduced into the act by the amendment act ..... came up from the decision of the nagpur high court of september 26, 1938.10. the introduction of section 13a, by section 32 of the amendment act 36 of 1958 has changed the situation altogether. section 13a provides:'if any question arises as to the application or interpretation of a standing order certified under this ..... case or it has been contravened is a question to be referred for adjudication to the labour court set up under the act. this section has been explained by the supreme court in the case of salem erode electricity distribution co. v. their employees' union, : (1966)illj443sc in these words--'once the standing orders are made, it .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal407,72CWN440
..... in air 1935 nag 149 in that case the accused was charged and convicted with the offence of abetment of molestation under section 7 of the criminal law amendment act, 1932, and sentenced to six months imprisonment. the accused was the president of a trade union and had decided to call a strike of textile worker in ..... group of workers several hundreds strong, shouting insults, cutting off all egress and ingress from or to his office, assaulting him. cutting off electricity and telephone and also exercising various acts of torture. in such a situation is he expected to calmly sit down, frame a petition of complaint to the magistrate to issue a ..... cubicles and preventing them from leaving the same under threats of dire consequence. preventing them from getting food and even to attend calls of nature. cutting off electric connections from the rooms in which they were confined. preventing technical officers from attending to their work increasing the peril of an explosion, (of explosive gases). .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal287,72CWN165,(1968)IILLJ38Cal
..... a modification of the standing orders on the ground that they were unreasonable or unfair by raising an industrial dispute in that behalf. subsequently to the amendment of the act the employees can raise the same dispute before the certifying officer or before the appellate tribunal and may in a proper case apply for its modification under ..... this case has no application to the problem that arises here. the question that arises in this instant case is however complicated by the supreme court decision in salem-erode electricity distribution co; (p) ltd. v. their employees' union, : (1966)illj443sc . this was not a case of superannuation and did not arise in connection with any ..... a 'previous' employee, the court was bound by the said decision, and must hold that he was not bound by the standing orders under the 1946 act as amended. this is what the industrial tribunal has also held. so far as the workmen generally are concerned, the industrial tribunal has held that the age of superannuation .....
Tag this Judgment!Court : Kolkata
Reported in : [1968]22STC66(Cal)
..... balance of rs. 46,052 must be the value of materials supplied by the petitioner as he had, in the return, already excluded labour charges. in the amendment petition the petitioner stated that he was obliged to submit a return like this upon the threat of respondent no. 1 that unless it made a statement like ..... his assessment order for the year 1957-58, which is at annexure c, respondent no. 1 assessed sales tax under the act upon a turnover of rs. 46,052-2-6 on account of 'sales from electrical contract' rejecting the petitioner's claim for exemption on that account.5. aggrieved by the said order, petitioner appealed to ..... pursuance of the aforesaid direction.2. though the petition has become somewhat clumsy after amendment, the substance of the petitioner's case is that the agreement at annexure a by which the petitioner-company contracted with the calcutta corporation to instal certain electric lamp posts, constituted an indivisible works contract and did not include any separate contract .....
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