Court : Kolkata
Decided on : Apr-11-1989
Reported in : (1989)2CALLT179(HC)
..... further alleged that through misleading high profile publicity the respondent company has also been indulging in an unfair trade practice, as defined under section 36a of the monopolies and restrictive trade practices act, 1969 which runs as follows :'36a. definition of unfair trade practice.in this part, unless the context, otherwise requires, 'unfair ..... protection council is bound to promote and protect the rights of the consumers provided in the consumer protection act 1986 which in this instance is the 'right to be informed' under section 6(b) of the said act and set out hereunder :'the right to be informed about the quality, quantity, potency, purity, ..... it is not labelled in accordance with the requirements of this act or rules made thereunder.18. the provisions of the prevention of food adulteration act, 1954 prohibit manufacture, sale, store or distribution of adulterated food and misbranded food. section 7 of the said act reads as follows :'prohibition of manufacture, sale, etc., of .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-12-1989
Reported in : AIR1990Cal185,93CWN1146
..... authorities have taken the widow and her children as one unit having regard to the definitions of 'family' in s. 2(f) and 'person' in s. 2(i) of the act. section 4 prescribes the ceiling limit of a person. according to s. 2(f) a person includes family which again, according to s. 2(f) means an individual, the wife or ..... , wherein it has been clarified that the word 'family' in s. 2(i) 'will not include huf' and that the definition of 'person' in s. 2(i) 'read with sub-sec. (7) of s. 4 of the act would make it clear beyond doubt that hindu undivided family is not treated as a 'person' for the purpose of the ..... , infixing the ceiling, provides in sub-sec. (7) that 'where a person is a member of a hindu undivided family, so much of the vacant land as would have fallen to his share had the entire vacant land held by the hindu undivided family been partitioned amongst its members at the commencement of this act, shall also be taken into account in .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-12-1989
Reported in : (1989)1CALLT374(HC)
..... fixed place is concerned, i am unable to hold that such pandal would come within the definition of 'goods' as given in section 2(d) of the said act.5. in the circumstances, the writ petition be disposed of with the following order :a writ in the nature of prohibition be issued prohibiting the respondents ..... the business by giving them on hire, if they are movable properties, then such transaction may come within the definition of sale as given in section 2(g) of the bengal finance (sales tax) act, 1941. but, so far as a pandal which is erected by the decorators like the petitioners at the instance of their clients at a particular ..... bamboo posts or other such posts, is fixed at particular place and such pandal does not come within the definition of 'goods' as given in section 2(d) of the bengal finance (sales tax) act, 1941.2. even though the notice has been served upon the respondents none of them has entered appearance to oppose this writ petition. it appears, .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-12-1989
Reported in : 1991ACJ813,AIR1991Cal55,[1991]72CompCas195(Cal)
..... 28th mar. 1978. there cannot be any dispute that the two years time had expired from the date on which the policy was effected. in my opinion section 45 of the insurance act is, therefore, clearly attracted in the facts of the present case. the question, therefore, arises-what is the scope of s. 45 of the insurance ..... submissions of the parties and the decisions cited from the bar. it appears to me to be necessary to consider the decision and interpret the provisions contained in section 45 of the insurance act in the manner laid down by the supreme court in the case of mithoolal nayak v. life insurance corporation of india : air1962sc814 (supra). the said ..... section so far as it is relevant for our purpose is set out herein below:'no policy of life insurance effected before the commencement of this act shall after the expiry of two years from the date of commencement of this .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-13-1989
Reported in : (1989)2CALLT93(HC)
..... under suspension. accordingly, the writ petition succeeds to the extent indicated above. the criminal court would only decide the question whether there has been any case under sections 468 and 471 of the indian penal code by production of the said discharge certificate from the indian air force and this matter should be taken expeditiously and ..... that particular rank in order to enable him to earn his pension of that rank the individual does not fall in that category, but his rank as acting sergeant can be written/used for all purposes without getting pensionary benefits of that rank.6. as regards issue of discharge certificate on 24th july 1967 it ..... dated 10th january 1988 informed the vice-chancellor of the rabindra bharati university that-'it was represented by sri h. n. chakraborty (no. 204997 ex-corporal) (acting sergeant) that a case was registered against him for producing a tampered/forged discharge certificate. his rank and the date of issue of the discharge certificate on 24th .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-17-1989
Reported in : AIR1990Cal129,1991(34)ECC40,1992(61)ELT607(Cal)
..... same remained in the possession or under the control of the commissioners will be upon the commissioners as that of a bailee under the sections as mentioned in the contract act. section 151 of the contract act provides as follows : in all cases of bailment the bailee is bound to take as much care of the goods bailed to ..... the port trust authorities on 27th jan., 1967 plus the additional five days that the present appellants were entitled to by virtue of s. 113 sub-sec. (2) of the calcutta port act. by relying upon the case reported in : [1974]3scr397 (trustees, bombay port v. premier automobiles) the learned lawyer for the respondent submitted that ..... whether the appellant's claim was barred by the law of limitation. while considering the question of limitation, the section which calls for construction of the calcutta port act are :-- s. 113, sub-sec. (1) and sub-sec. (2). sub-sec. (1) of s. 113 provides that the commissioner shall immediately upon the landing of any goods take charge .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-18-1989
Reported in : [1989]179ITR580(Cal)
..... , regular assessment should mean the first assessment and not any assessment which is made pursuant to an order made by the commissioner of income-tax under section 263 of the act. the appellate assistant commissioner, however, followed the earlier decision in connection with the assessment year 1967-68 where he relied upon the decision in the ..... regular course of business. in my opinion, unless the context otherwise requires, regular assessment should not be given any other meaning.'12. dr. pal contends that section 214 of the act refers to the expression 'regular assessment' which means, the first assessment made by the income-tax officer. in any event, even if the decision in ..... any appeal, should mean the assessment which has been initially made by the income-tax officer. hence, the amount of interest which is payable under section 214 of the act must be calculated on the basis of the first or the initial assessment as in the present case. even if the commissioner of income-taxsets aside .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-19-1989
Reported in : 1990(49)ELT179(Cal)
..... to the petitioner for export of the said goods by 17th november, 1983. the first respondent imposed a personal penalty of rs. 5 crores under section 112 of the customs act while allowing the petitioner to re-export the goods. the petitioner's further case is that the collector of customs has exercised his jurisdiction with patent ..... to throw the petition. the other contention which is raised by the learned advocate for the respondent is that because of the filing of the appeal under section 129a of customs act, the writ petition should be dismissed. it is submitted by the ld. advocate for the respondent that as alternate remedy is available, the petition under ..... arose on account of the issuance of notification dated 24th august 1983 by the chief collector of imports and exports, which has nothing to do with section 112 of the act of 1962. the respondent no. 1 permitted re-export of similar item in similar circumstances in respect of the goods which stood confiscated without any condition .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-20-1989
Reported in : (1990)1CALLT163(HC)
..... the only remedy to file an appropriate civil suit in a court of law for setting aside such a decision of the commissioner of wakf made under section 46a of the said act and the writ petition has now become infructuous and must be dismissed.6. on hearing the submissions made by both the parties, i am of the ..... of wakfs has urged that the petitioner submitted the order passed by b. c. basak, j. referring the matter to the commissioner of wakfs under section 46a of the bengal wakf act and not having challenged such order by filing any appeal against such order and also having participated in the enquiry held by the commissioner of wakfs under ..... it is necessary that the said question should be decided by the wakf commissioner and such dispute should be referred to the wakf commissioner for decision under section 46a of the bengal wakf act and that the commissioner of wakf will take such evidence, makes such inspection as things fit and upon giving notice to the persons interested and to .....
Tag this Judgment!Court : Kolkata
Decided on : Apr-20-1989
Reported in : 1991ACJ349
..... such disparity by observing:we hope and trust that our lawmakers will give serious attention to this aspect of the matter and remove the serious lacuna in section 95(2)(b), motor vehicles act. we would also like to suggest that instead of limiting the liability of the insurance companies to a specified sum of money as representing the value ..... 18th september, 1979, is the extent of liability of the appellant insurance company. it has been urged that in view of the specific provisions contained in section 95(2)(b) of the motor vehicles act, the upper limit of liability of an insurer cannot exceed rs. 5,000/- in anyone accident, involving a vehicle carrying passengers.2. it is an ..... same.5. in order to appreciate the question and the extent of liability of the appellant insurance company, it will be convenient to place the relevant provisions of section 95 of the motor vehicles act as the main thrust in the argument of the learned counsel for the appellant is that in view of sub-clause (4) of .....
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