Court : Kolkata
Reported in : AIR2000Cal140
..... is contrary to the order of appointment itself. in the reported judgment court appointed arbitrator under section 8 of the arbitration act ignoring the low wherein in this case application under section 20 of the act was proceeded wherein the court was pleased to direct the petitioner itself to appoint arbitrator. moreover ..... ambalal parikh). but i find that judgment applies in between the parties to the partnership but there is no whisper as to the applicability of the section to third party, therefore, i cannot accept the proposition at the threshold.20. further mr. chatterjee cited judgment being : air1978cal37 (sunil mukherjee v. ..... such delay in or failure of performance is caused by force majeure including but not limited to acts of god, restraint of state/central government, devastating fires, major accidents, declared or underclared hostilities, riots, rebellion, explosion, stripes, epidemic, severe inclement weather like cyclone, gale etc. compliance with any request, ruling .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)2CALLT211(HC),1999(1)CHN553
..... continuance of this licence. 3. the grantee shall not carry on any offensive trade on the licenced premises nor shall store any dangerous explosive or easily combustible articles thereon nor do any act or acts which is or are prohibited by any law, rules and regulations in force. provided that nothing herein contained shall preclude or prevent the ..... possession had been delivered pending execution of a deed of sale, the appellant must be held to have been put in possession in terms of section 53a of the transfer of property act and as such the question of a relationship of lessor and lessee coming into being would not arise. the learned counsel pointed out that ..... antecedent or subsequent cannot be considered at all. the question as to whether a transaction constitutes a lease or licence is an intricate question of law. section 52 of the easements act reads thus :--'licence defined--where one person grants to another, or to a definite number of other persons, a right to do or continue to do .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)2CALLT619(HC),1999(2)CHN532,1999CriLJ3995
..... other hand the defence have exhibited the certified copy of fir in bhadreswar p.s. case no. 244 dated 9.12.92 under sections 148/149/ 435/536/427/379 ipc sections 3 & 5 e.s. act and section 9 mpo act and the seizure list prepared in connection with the said p.s. case no. 244 dated 9.12.92. it may be mentioned ..... to the event of causing of death of anuj by throwing of bomb. the fir purporlingly is just a piece of information about the death of anuj caused by bomb explosion and indeed the names of certain miscreants have also been mentioned in the fir. since the de facto complainant himself has taken the responsibility of lodging of that fir at ..... being armed with bombs, machines, swords etc. and launched an attack and kept an throwing bombs at random targeting anuj kumar thakur and that on hearing the sound of bomb explosions the informant chandra kishore thakur came out of his house and saw the miscreants throwing bombs and at that lime deep narayan's wife came and said that his son .....
Tag this Judgment!Court : Kolkata
Reported in : (2001)IIILLJ228Cal
..... interfered with the punishment of dismissal passed by the employer. the tribunal while interfering with the order of dismissal in exercise of power under section 11-a of the said act did not act judiciously in view of the supreme court decision in govinda menon's case (supra) and municipal committee case (supra). therefore, the said ..... that there is sufficient indication in that award of the fact that the labour court was aware and alive of the norms and requirements of section 11-a of the act. having found the misconduct of the appellant to have been proved it then proceeded to consider the desirability to interfere with the punishment imposed by ..... act. but i am unable to agree with the finding of the division bench of orissa high court in orissa agro industries corporation case (supra), in view of the supreme court decision in govinda menon's case (supra) and municipal committee case (supra).38. the learned advocate for the workman referred to sujit kumar banerjee v. indian explosives .....
Tag this Judgment!Court : Kolkata
Reported in : 2000CriLJ2539
..... same, a report has been filed before this court on 21-9-98 for cancellation of the licence of the petitioner issued under the provisions of the indian explosives act.on 23-9-98 a division bench of this court directed :-the fireworks traders are, however, directed to furnish to the pollution control board the list of ..... that they can also store the same temporarily only for the purpose of export thereof to the other states, such storage must conform to the provisions of indian explosives act, and the rules framed thereunder and/or any other law for the time being in force or may be applicable in future. it has categorically been stated ..... its possession. however, despite the same the commissioner of police in his capacity as an executive magistrate for the metropolitan area of calcutta issued a prohibitory order under section 144 of the code of criminal procedure restricting use, sale, transportation, trade and possession of the banned fireworks contrary to the said orders passed by this court. .....
Tag this Judgment!Court : Kolkata
Reported in : (2001)ILLJ964Cal
..... was travelling in a train pursuant to a direction issued to him in this regard by the authorities of the appellant itself to attend a conference. section 3 of the said act imposes liability on the employer if a personal injury is caused to a workman by accident arising out of and in course of his employment.8. ..... as he was to work outside the factory premises, he is entitled to compensation under the provisions of workmen's compensation act.re. contention no. 1 :section 2(1)(n) of the workmen's compensation act, reads thus: 'section 2(1) in this act unless there is anything repugnant in the subject or context- (a)..... (n) 'workman' means any person (other than ..... between the accident and the explosion that took place this court held: this would show that as compared to the expression 'caused by' the expression 'arising out of has a wider connotation. the expression 'caused by' was used in sections 95(1)(b)(i) and (ii) and 96 (2)(b)(ii) of the act. in section 92-a, parliament, however, .....
Tag this Judgment!Court : Kolkata
Reported in : (2001)1CALLT218(HC)
..... an interim protection note was issued on 21.12.1985. the policy of insurance was taken against consequential loss and damage by fire including fire resulting from explosion, lightning, explosion of boiler used for domestic purposes. n.b.-2 appended to the said policy reads thus :-- 'this interim protection note will not be valid unless the ..... all. it is now a well settled principle of law that payment of cheque, in a commercial transaction, is a good payment. 15. although section 64vb of the insurance act prohibits the insurer from entering into a contract of insurance unless the premium is paid in advance, such a condition can even be waived. except in ..... relating to motor vehicles has to be understood in the light of the various provisions contained in the motor vehicles act. 1988. chapter xi of the motor vehicles act deals with insurance of motor vehicles against third-party risks. section 146(1) inter alia, provides as under : '146. necessity for insurance against third-party risk.-(1) no .....
Tag this Judgment!Court : Kolkata
Reported in : (2006)200CTR(Cal)616,[2005]279ITR573(Cal)
..... given, no part of the compensation money was received by the asses-see on condition not to carry on competitive business in explosives, consequently no part thereof was exempted from the income-tax act.13. in cit v. bombay burmah trading corporation : [1986]161itr386(sc) , the issue before their lordships was what should ..... has been paid which includes the compensation for undertaking of the assessee, that assessee for five years shall refrain from selling or accepting any agency for explosives competitive with those covered by the agency agreement. the question before their lordships whether the amount of compensation for the 'non-compete agreement' is a ..... .11. in cit v. best and co. (pvt.) ltd. : [1966]60itr11(sc) , the respondent was a company carrying on business including distribution of their explosives of imperial chemical industries (exports) ltd., glasgow. the imperial chemical industries (exports) ltd., glasgow, decided that all its agencies in india should be taken over by .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2001Cal213,(2001)2CALLT445(HC)
..... , considering only the truth of the fact, and the equity of the case.'31. reference in this connection may also be made to sections 6 and7 of the admiralty courts act, 1861.'section 6. the high court admiralty shall have jurisdiction over any claim by the owner or consignee or assignee of any bill of lading of ..... providing for strict liability and compulsory insurance or other means of securing the claims: or (b) the radioactive properties or a combination of radioactive properties with toxic, explosive or other hazardous properties of nuclear fuel or of radioactive products or waste.' 22. by relying on the said article, the learned counsel submitted that in the instant ..... absence of any statue in india comparable to english statues of admiralty jurisdiction, there is no reason why the words 'damage caused by a ship' appearing in section 443 of msa should be narrowly construed to limit them to a physical damage and exclude any other damages. the learned judges held 'the expression is wide .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2002)83ITD111(Kol.)
..... in the assessment order viz., that serial number of the cylinders were never made available to the ao, that possession of cylinders being subject to arms & explosives act, that the effect of sale-aim-lease-back agreement was never mentioned in the assets registers and finally strongly about the disclosure made by sb under the vds ..... of making the regular assessments. even if, there was some non-disclosure of any important piece of information the ao was entitled to initiate reassessment proceedings under section 147 for tackling such non-disclosure of material information. from the records it does not appear that the ao got into possession certain materials directly from the ..... that is why the assessee requested the ao through its letter dt. 22nd march, 1999, compiled at pp. 41 to 43 to issue summons under section 131 of it act upon ccil and sb. the learned authorised representative of the assessee said that the ao neither issued summons nor even he felt it desirable to get responsible .....
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