Array ( [0] => ..... trust as stated by the residents of the locality. draft statement as given by the competent authority is in respect of the petitioners. the objection under section 8(3) of the act was given by the petitioner. there cause of excess vacant land was not proved beyond doubt. but inspite of the same the appropriate authority and the ..... . according to the petitioner therein, although the vesting was completed prior to the execution of this sale deed but notification for taking up the possession under section 10 of the act was issued on 31st august, 1988 much after the execution of the deed of sale. it was also recorded therein that the petitioners submitted that no ..... year, 1986. the erstwhile owner filed his objection. however, the final settlement was prepared and published upon the owner in december, 1986. a declaration under section 10(5) of the act was made on 7th june, 1987 and a notification for taking possession of the disputed land was issued on 31st august, 1988. for the aforesaid reason, ..... [1] => ..... to by the governor and was published for general information on 14.08.2003. the learned counsel also submitted that in view of the said amendment, sub-section (1) of section 14q of the said act has been deleted and, as such, the main basis of the petitioner's case is no longer existing today. therefore, this court cannot pass any order ..... day of kartik, 1410 b.s. corresponding to 19th day of october, 2003 as the date with effect from which all the provisions of the said act excepting clause (ca) of sub-section (2) of section 6 shall come into force.by order of the governor,prasadranjan ray,secy. to the govt. of west bengal.'21. as a result of the said ..... that the said area was beyond the ceiling limit of the said society. against the said order of vesting, an appeal was preferred by the said society under section 54 of the said act. the appellate authority, in the said appeal (appeal case no. 25 of 2000), substantially upheld the order of the revenue officer and dismissed the said appeal. ..... [2] => ..... deal with this question in cit v. birla jute and industries ltd. : [2003]260itr55(cal) , therein we had held that the word 'plant' is defined in section 43(3) of the act. it is not an exhaustive definition. it is an inclusive definition. it includes any article or object fixed or movable, live or dead, used by a businessman for ..... fit and proper and a licensee is bound to comply with such directions or orders of the state government under section 20d. any breach invites penalty under section 21 and an offence under the act is cognisable. an order passed under the act cannot be questioned in any court.4. under the 1967 rules, the terms and conditions of the licence have ..... be commissioned nor can continue to function. the running of the cold storage is closely monitored and maintained under the said provisions of the 1966 act and the 1967 rules as amended from time to time. under section 4(6), a licence can be cancelled for breach of any of the conditions of the licence or contravention of the ..... [3] => ..... the said land by 14th september, 1999.13. being aggrieved the petitioner filed application before this court being c.a. no. 568 of 1999 under section 446 of the companies act, 1956 whereupon a learned judge of this court on 13th september, 1999 directed maintenance of status quo initially for a short period which by subsequent ..... of the prescribed ceiling.the impugned order of resumption was made on 21st august, 1996, purportedly under the proviso to section 6(3) of the 1953 act, although, the provisions of section 14z of the 1955 act had become operative on and from 7th august, 1969. the impugned order must be held to be misconceived on such ..... for the petitioners further referred to the west bengal land reforms act, 1955 and in particular section 3, section 14j and section 14z of the said act for showing the overriding effect of the provisions of west bengal land reforms act as also of chapter-iib of the said act. section 14z was relied on for showing that the law recognises the ..... [4] => ..... of limitation is totally misconceived and is based on erroneous interpretation of the nature of powers exercised by a court under section 5 of the limitation act since section 5 of the limitation act clearly speaks of extension of the prescribed period in certain cases. mr. gupta contends that the appellant has intended to ..... share qualification in the matter of presenting the company petition and only bdpl and its associates lent the necessary support as contemplated under section 399 of the companies act, 1956, and the company proceeding being a representative proceeding when such proceeding was instituted with the help of bdpl and its associates, ..... it was presented as the chatterjee brothers were lacking the necessary shareholding qualification in the matter of presenting such application as required under section 399 of the companies act.35. the chatterjee brothers filed two separate appeals challenging the dismissal of the original petition as well as challenging the findings of ..... [5] => ..... located in the hospitals) and meeting the requirements of patients admitted in the hospital having above activities to be covered as factory as defined under section 2(12) of the act (esi act, 1948) with effect from july 1, 1997. coverage of pathological laboratories is already effected in any case need not be responded.by ordersd ..... the aforesaid contentions of the petitioners and submits that the establishment of the petitioners has been rightly treated as factory within the meaning of section 2(12) of the esi act and the petitioners are under an obligation and duty bound to make necessary payment as determined by the respondent authorities towards the contributions ..... in its hospital involves manufacturing process and thus, the units of the petitioner company should be treated as factory within the meaning of section 2(12) of the esi act. the learned counsel of the respondents have relied upon various judgments wherein pumping oil in petrol pump or peeling potatoes in hotel, tailoring ..... [6] => ..... the relationship between the superior landlord and the tenant had ceased. according to him, by reason of the definition of 'tenant' under section 2(g) of the 1997 act [section 2(b) of the 1956 act] the tenancy continues between the landlord and the tenant despite termination of tenancy if the tenant continues in occupation until the decree of ..... superior landlord and the tenant had ceased and, therefore, it does not appear that there was a valid notice under sub-section (2) to section 26. section 26(3) of the aforesaid act would apply only in a case where section 26(2) is available.5.2. admittedly, in the present case, the relation between the landlord and tenant was ..... conclusion :7. in the present case, as discussed above, the relationship having ceased, there is no scope for giving any notice either under section 16 of the 1956 act or under section 26 of the 1997 act, as the case may be.order:8. in the circumstances, we do not find any infirmity in the order appealed against. the appeal, ..... [7] => ..... that is, respondent no. 5. therefore, the submission of the learned counsel that by virtue of section 7(5) of the act of 1996 in absence of arbitration agreement the petitioner-company cannot be forced to submit to arbitration does not appear to be justified.30. it ..... it is obligatory on the part of the trading member that it shall abide by the bye-laws, rules and regulations of the nse. section 7(5) of the act of 1996 does not help the petitioner-company, because there exists deeming arbitration agreement between the petitioner-company as trading member with its constituent, ..... .' 11. in order to effectuate the purpose of this act of 1956, stock exchanges are recognised under this act. section 3 deals with application for recognition of stock exchange. section 4 deals with grant of recognition to stock exchanges. section 5 deals with withdrawal of recognition. section 6 empowers the central government to call for periodical returns or ..... [8] => ..... no. 2 :2. mr. sumit chakravarty, learned counsel for the revenue, in his usual fairness, has pointed out with regard to question no. 2 that section 28(iiia) of the income-tax act, 1961, has no manner of application in the present case. in fact, we find from the records that the receipt, which was sought to be brought within ..... making any computation of the income of the assessee. the power to rectify the defective return has been clearly conferred on the assessing officer by sections 139(5) and 139(9) of the act.22. this decision has also taken note of the fact that the filing of the certificate is mandatory and it cannot claim deduction unless the ..... a transfer of an export licence granted under the export control order, 1977. whereas clause (iiia) of section 28 relates to profit on sale of a licence granted under the imports (control) order, 1955, framed under the imports and exports (control) act, 1947. thus, as rightly contended by mr. chakravarty on behalf of the revenue, the profit out ..... [9] => ..... with regard to maintainability of revision under article 227 of the constitution. learned single judge after examining the matter found that by virtue of section 12 of the act of 1997 that reference to the high court should mean reference to tribunal, therefore, the learned single judge held that no such revision under ..... court, though not strictly complying with the provisions of the civil procedure code as specific procedure has been prescribed for disposal of the pre-emption matter under section 9 of the act of 1955. but, nonetheless, the fact remains that both the officers are essentially judicial officers and their orders cannot be made subject to review ..... of the learned additional district judge, 5th court, midnapore, passed in miscellaneous appeal no. 61 of 1995 arising out of pre-emption matter under section 9 of the act of 1995. both these revision applications were heard analogously. in the course of hearing the above referred two conflicting judgments were cited before the learned ..... ) Explosives Act 1884 Section 4 Definitions - Court Kolkata - Year 2003 - Page 2 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Court: kolkata Year: 2003 Page 2 of about 173 results (1.081 seconds)

Dec 16 2003 (HC)

Sm. Santi Devi Mittal, Vs. the State of West Bengal and ors.

Court : Kolkata

Decided on : Dec-16-2003

Reported in : (2004)2CALLT152(HC)

..... trust as stated by the residents of the locality. draft statement as given by the competent authority is in respect of the petitioners. the objection under section 8(3) of the act was given by the petitioner. there cause of excess vacant land was not proved beyond doubt. but inspite of the same the appropriate authority and the ..... . according to the petitioner therein, although the vesting was completed prior to the execution of this sale deed but notification for taking up the possession under section 10 of the act was issued on 31st august, 1988 much after the execution of the deed of sale. it was also recorded therein that the petitioners submitted that no ..... year, 1986. the erstwhile owner filed his objection. however, the final settlement was prepared and published upon the owner in december, 1986. a declaration under section 10(5) of the act was made on 7th june, 1987 and a notification for taking possession of the disputed land was issued on 31st august, 1988. for the aforesaid reason, .....

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Nov 21 2003 (HC)

Mahesh Housing Co-operative Society Ltd. Vs. State of West Bengal and ...

Court : Kolkata

Decided on : Nov-21-2003

Reported in : 2004(1)CHN10

..... to by the governor and was published for general information on 14.08.2003. the learned counsel also submitted that in view of the said amendment, sub-section (1) of section 14q of the said act has been deleted and, as such, the main basis of the petitioner's case is no longer existing today. therefore, this court cannot pass any order ..... day of kartik, 1410 b.s. corresponding to 19th day of october, 2003 as the date with effect from which all the provisions of the said act excepting clause (ca) of sub-section (2) of section 6 shall come into force.by order of the governor,prasadranjan ray,secy. to the govt. of west bengal.'21. as a result of the said ..... that the said area was beyond the ceiling limit of the said society. against the said order of vesting, an appeal was preferred by the said society under section 54 of the said act. the appellate authority, in the said appeal (appeal case no. 25 of 2000), substantially upheld the order of the revenue officer and dismissed the said appeal. .....

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Jun 11 2003 (HC)

Commissioner of Income-tax Vs. Shree Gopikishan Industries Pvt. Ltd.

Court : Kolkata

Decided on : Jun-11-2003

Reported in : (2003)184CTR(Cal)1,[2003]262ITR568(Cal)

..... deal with this question in cit v. birla jute and industries ltd. : [2003]260itr55(cal) , therein we had held that the word 'plant' is defined in section 43(3) of the act. it is not an exhaustive definition. it is an inclusive definition. it includes any article or object fixed or movable, live or dead, used by a businessman for ..... fit and proper and a licensee is bound to comply with such directions or orders of the state government under section 20d. any breach invites penalty under section 21 and an offence under the act is cognisable. an order passed under the act cannot be questioned in any court.4. under the 1967 rules, the terms and conditions of the licence have ..... be commissioned nor can continue to function. the running of the cold storage is closely monitored and maintained under the said provisions of the 1966 act and the 1967 rules as amended from time to time. under section 4(6), a licence can be cancelled for breach of any of the conditions of the licence or contravention of the .....

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Jul 11 2003 (HC)

Ratnagiri Engineering Pvt. Ltd. and ors. Vs. State of West Bengal and ...

Court : Kolkata

Decided on : Jul-11-2003

Reported in : 2004(1)CHN280

..... the said land by 14th september, 1999.13. being aggrieved the petitioner filed application before this court being c.a. no. 568 of 1999 under section 446 of the companies act, 1956 whereupon a learned judge of this court on 13th september, 1999 directed maintenance of status quo initially for a short period which by subsequent ..... of the prescribed ceiling.the impugned order of resumption was made on 21st august, 1996, purportedly under the proviso to section 6(3) of the 1953 act, although, the provisions of section 14z of the 1955 act had become operative on and from 7th august, 1969. the impugned order must be held to be misconceived on such ..... for the petitioners further referred to the west bengal land reforms act, 1955 and in particular section 3, section 14j and section 14z of the said act for showing the overriding effect of the provisions of west bengal land reforms act as also of chapter-iib of the said act. section 14z was relied on for showing that the law recognises the .....

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Nov 24 2003 (HC)

Bhagabati Developers P. Ltd. Vs. Peerless General Finance and Investme ...

Court : Kolkata

Decided on : Nov-24-2003

Reported in : [2005]123CompCas296(Cal),[2006]65SCL55(Cal)

..... of limitation is totally misconceived and is based on erroneous interpretation of the nature of powers exercised by a court under section 5 of the limitation act since section 5 of the limitation act clearly speaks of extension of the prescribed period in certain cases. mr. gupta contends that the appellant has intended to ..... share qualification in the matter of presenting the company petition and only bdpl and its associates lent the necessary support as contemplated under section 399 of the companies act, 1956, and the company proceeding being a representative proceeding when such proceeding was instituted with the help of bdpl and its associates, ..... it was presented as the chatterjee brothers were lacking the necessary shareholding qualification in the matter of presenting such application as required under section 399 of the companies act.35. the chatterjee brothers filed two separate appeals challenging the dismissal of the original petition as well as challenging the findings of .....

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Aug 29 2003 (HC)

Duncan Gleneagles Hospital Ltd. and Anr. Vs. Employees' State Insuranc ...

Court : Kolkata

Decided on : Aug-29-2003

Reported in : [2004(101)FLR1139],(2004)ILLJ904Cal

..... located in the hospitals) and meeting the requirements of patients admitted in the hospital having above activities to be covered as factory as defined under section 2(12) of the act (esi act, 1948) with effect from july 1, 1997. coverage of pathological laboratories is already effected in any case need not be responded.by ordersd ..... the aforesaid contentions of the petitioners and submits that the establishment of the petitioners has been rightly treated as factory within the meaning of section 2(12) of the esi act and the petitioners are under an obligation and duty bound to make necessary payment as determined by the respondent authorities towards the contributions ..... in its hospital involves manufacturing process and thus, the units of the petitioner company should be treated as factory within the meaning of section 2(12) of the esi act. the learned counsel of the respondents have relied upon various judgments wherein pumping oil in petrol pump or peeling potatoes in hotel, tailoring .....

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Nov 05 2003 (HC)

Udit Kumar Mukherjee and ors. Vs. Khaitan Consultants Ltd. and anr.

Court : Kolkata

Decided on : Nov-05-2003

Reported in : 2004(1)CHN271

..... the relationship between the superior landlord and the tenant had ceased. according to him, by reason of the definition of 'tenant' under section 2(g) of the 1997 act [section 2(b) of the 1956 act] the tenancy continues between the landlord and the tenant despite termination of tenancy if the tenant continues in occupation until the decree of ..... superior landlord and the tenant had ceased and, therefore, it does not appear that there was a valid notice under sub-section (2) to section 26. section 26(3) of the aforesaid act would apply only in a case where section 26(2) is available.5.2. admittedly, in the present case, the relation between the landlord and tenant was ..... conclusion :7. in the present case, as discussed above, the relationship having ceased, there is no scope for giving any notice either under section 16 of the 1956 act or under section 26 of the 1997 act, as the case may be.order:8. in the circumstances, we do not find any infirmity in the order appealed against. the appeal, .....

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Feb 05 2003 (HC)

S and D Securities (P.) Ltd. Vs. Union of India (Uoi)

Court : Kolkata

Decided on : Feb-05-2003

Reported in : [2005]124CompCas340(Cal),[2004]54SCL329(Cal)

..... that is, respondent no. 5. therefore, the submission of the learned counsel that by virtue of section 7(5) of the act of 1996 in absence of arbitration agreement the petitioner-company cannot be forced to submit to arbitration does not appear to be justified.30. it ..... it is obligatory on the part of the trading member that it shall abide by the bye-laws, rules and regulations of the nse. section 7(5) of the act of 1996 does not help the petitioner-company, because there exists deeming arbitration agreement between the petitioner-company as trading member with its constituent, ..... .' 11. in order to effectuate the purpose of this act of 1956, stock exchanges are recognised under this act. section 3 deals with application for recognition of stock exchange. section 4 deals with grant of recognition to stock exchanges. section 5 deals with withdrawal of recognition. section 6 empowers the central government to call for periodical returns or .....

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Apr 29 2003 (HC)

Commissioner of Income-tax Vs. Magnum Export (P) Ltd.

Court : Kolkata

Decided on : Apr-29-2003

Reported in : (2003)183CTR(Cal)75,[2003]262ITR10(Cal)

..... no. 2 :2. mr. sumit chakravarty, learned counsel for the revenue, in his usual fairness, has pointed out with regard to question no. 2 that section 28(iiia) of the income-tax act, 1961, has no manner of application in the present case. in fact, we find from the records that the receipt, which was sought to be brought within ..... making any computation of the income of the assessee. the power to rectify the defective return has been clearly conferred on the assessing officer by sections 139(5) and 139(9) of the act.22. this decision has also taken note of the fact that the filing of the certificate is mandatory and it cannot claim deduction unless the ..... a transfer of an export licence granted under the export control order, 1977. whereas clause (iiia) of section 28 relates to profit on sale of a licence granted under the imports (control) order, 1955, framed under the imports and exports (control) act, 1947. thus, as rightly contended by mr. chakravarty on behalf of the revenue, the profit out .....

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May 16 2003 (HC)

Pashupati Adhikary Vs. Pradyut Kumar Alias Tarapada Adhikary

Court : Kolkata

Decided on : May-16-2003

Reported in : (2003)2CALLT538(HC)

..... with regard to maintainability of revision under article 227 of the constitution. learned single judge after examining the matter found that by virtue of section 12 of the act of 1997 that reference to the high court should mean reference to tribunal, therefore, the learned single judge held that no such revision under ..... court, though not strictly complying with the provisions of the civil procedure code as specific procedure has been prescribed for disposal of the pre-emption matter under section 9 of the act of 1955. but, nonetheless, the fact remains that both the officers are essentially judicial officers and their orders cannot be made subject to review ..... of the learned additional district judge, 5th court, midnapore, passed in miscellaneous appeal no. 61 of 1995 arising out of pre-emption matter under section 9 of the act of 1995. both these revision applications were heard analogously. in the course of hearing the above referred two conflicting judgments were cited before the learned .....

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