Court : Kolkata
..... into effect from 1st january, 1997 it was required to file its return for the relevant assessment year 1997-98. the notice was duly issued under section 148 of the said act. the revenue contended the uk does not consider a partnership as resident for the purpose of tax treaties under article 4 thereof. as such the ..... of which it is assessable, chargeable to tax for the assessment year 1997-98 which, according to the revenue, had escaped assessment within the meaning of section 147 of the said act. the petitioners pleaded by a deed of partnership dated 31st july, 1997 the petitioner nos.1 and 2 formed a partnership firm with effect from 1st ..... partnership income from the joint/pooled partnership business. therefore, the petitioner no.1 as a partner had already been assessed after exercising its option under section 143(3) of the said act which assessment order continues to remain valid and has not been altered in any way or proceeding. according to him that assessment order assessed the .....
Tag this Judgment!Court : Kolkata
..... and void by the subsequent conduct of the parties. could it be said that the notice of determination of the tenancy or lease was waived under section 113 of the said act?. after the alleged determination of the lease or tenancy, fortune investors and traders limited, the first plaintiff and victor commercial company limited, the third ..... that there was incongruity in the notice because treating the relationship as a monthly tenancy or lease, the defendant was asked under section 106 of the said act to vacate the premises on 09th july, 2011. alternatively in the said notice there was a stipulation that the defendant had to deliver vacant possession ..... which the defendant was asked to vacate the said premises by 9th july, 2011. thereafter it was stated that the letter was a notice under section 106 of the transfer of property act, 1882. the defendant was called upon to vacate the said premises by 31st july, 2011. mr. saha, learned counsel for the defendant contended .....
Tag this Judgment!Court : Kolkata
..... the company has questioned the authority of the petitioning creditor to file the instant proceedings on the ground of deed of assignment not being stamped under section 35 of the stamp act and the right of the petitioning creditor to make recoveries in its name rather than in the name of leasing iq. the said plea of agreement ..... the claim is inflated and the winding up petition is not maintainable by the petitioning creditor as the assignment cannot be relied on by virtue of section 35 of the stamp act. the statutory notice was issued on 13th august 2013. an irrevocable power of attorney was executed on 17th february, 2011 entitling the petitioning creditor to ..... liability and requested for re-scheduling payment. as no payment was forthcoming, termination notice was issued on 8th august, 2013 and a statutory notice under sections 433 & 434 of the companies act on 13th august, 2013. in spite of receipt of the statutory notice no reply was given thereto and as no payment was made the instant .....
Tag this Judgment!Court : Kolkata
..... clauses in exhibits a and f for the determination of the lease prior to 20 years.the lease is governed by the provisions of west bengal premises tenancy act, 1956 in terms of section 3 thereof. he goes on to submit that, in the event it is held that the lease is for 20 years then it was terminated on ..... to the withdrawal of the cross suits, to show that, the defendant consented to the withdrawal of the termination dated december 12, 1977. he refers to section 113 of the transfer of property act, 1882 in this regard and submits that consent of the person to whom notice was given before the same can be waived was not taken. therefore, ..... subsisting. he submits that, the defendant never contended that the notice dated december 7, 1977 was not withdrawn or that the same is subsisting. he refers to section 113 of the transfer of property act, 1882 and all india reporter 1968 supreme court page 471 (calcutta credit corporation ltd.& anr.v.happy homes (private) ltd.) in this regard. mr.mitra .....
Tag this Judgment!Court : Kolkata
..... the factory premises on the night of september 26, 1978. although the policy is set to commence retrospectively from september 26, 1978, by virtue of section 64vb of the insurance act, 1938, the policy will commence from september 29, 1978 when the cheque was received by the defendant no.1. the plaintiff did not have a ..... policy commences from september 26, 1978. the cheque for the premium, however, was received by the insurance company on september 29, 1978. in view of section 64vb of the insurance act, 1938, particularly the explanation therein, and in view of the ratio of deokar exports private limited (supra) the defendant no.1 could not have issued a ..... upon delivery. since the cheque was delivered on september 26, 1978, according to the plaintiff, the cheque is deemed to be paid on that date. on section 64vb of the insurance act, 1938 the plaintiff relies upon all india reporter 2006 karnataka page 240 (yellamma v. bhy sukhdev singh & anr.), all india reporter 2009 madras page 124 .....
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..... order to deal with the writ petition, being, w.p15748(w) of 2014, the appellate side matter, it is appropriate to refer to the provisions contained in the 1978 act. section 9 is as follows:9. determination of valuation and its duration.- (1) the state government shall, from time to time by notification, specify the area where, the general ..... the gujarat high court in gtl infrastructure ltd.v.state of gujarat, relied on behalf of the petitioners.i find therein challenge was to the vires of section 145a of the gpmc act. section 145a is as follows: 145a. tax on mobile towers.- (1) a tax at the rates not exceeding those prescribed by order in writing by the ..... ii. submission was in view of the amendment brought about by the legislature with effect from 1st may, 2007 by the kolkata municipal corporation (amendment) act, 2006 under section 171 of the 1980 act that property tax on buildings in kolkata should be between a minimum of 6% and maximum of 20% of the annual value of the building. .....
Tag this Judgment!Court : Kolkata
..... or phrase is defined for carrying a particular meaning in an enactment, and it is that meaning alone which must be given to it in interpreting a section of the act, unless there appears anything repugnant to the context. it was further held therein that construction of any provision, which leads to an anomaly, can be given ..... constituted to carry on business of banking. again for example, life insurance corporation can also be referred to herein, as it was established under section 3 of the life insurance corporation act 1956 which provides that with effect from such date as the central government may by notification in the official gazette appoint, there shall be a ..... to ascertain as to whether the appellant company can be regarded as a government undertaking within the meaning of the expression government undertaking as defined in section 2(b) of the said act. admittedly, the lessor is not government and the premises which was demised is not owned by the government . thus, if it is found .....
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..... the appellant claimant asked for referring the dispute to arbitration that the railway failed. as a result, the appellant invoked section 11 and this court appointed a former judge of this court to act as arbitrator. the railway participated in the arbitration process, they filed counter statement, however, in counter statement, maintainability of ..... kumar banerjee, j. : core issue short point involved in this appeal would be, whether appointment of a former judge, by court under section 11(6) of the arbitration and conciliation act 1996, to act as arbitrator, would be held to be invalid when the agreement would refer to appointment of railway gazetted officers to ..... would be competent to arbitrate. the appellant demanded arbitration. the appointing authority failed to appoint, hence, section 11(6) would have definite role to play. the provision would stipulate, when a party failed to act as required under the procedure, the other party may request the chief justice to appoint an arbitrator .....
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..... notwithstanding anything contained in any other law for the time being in force where any document is required to be registered under the provisions of the section 17 of the registration act, 1908 to transfer right, title and interest of any person in an immovable valued at more than rs.5,00,000/- such document cannot be ..... held jointly are sought to be divided by metes and bounds, and the value of such immovable properties are in excess of the prescribed limit of section 17 of the registration act, 1908, such document will require registration to be looked into as evidence of title. in absence of registration of such document, the same cannot be ..... excess of rs.100/- in absence of a registered document declaring the share and effecting partition by metes and bounds in such immovable property in view of section 17 of the registration act, 1908. in support of his contention, mr. chowdhury relies upon three authorities. he cites all india reporter 1958 supreme court page 706 (nani bai v .....
Tag this Judgment!Court : Kolkata
..... its income would be applied only towards public charity. the problem relates to assessment of income of the trust under the indian income tax act, 1961 (hereafter the act ).section 10 of the act provides for incomes not included in the total income of an assessee. in other words income which is exempted. the following sub ..... sole trustee, loka shikshana trust versus commissioner of income-tax, mysore reported in 101 itr234(sc) and gave the word education in section 10(23) (iii)(ad) and 10(23c)vi of the act a very wide construction. in that case also the society was engaged in teaching, promoting and encouraging all forms of music and dancing ..... journals was for charitable purpose while it was considering the meaning of charitable purpose in section 2(15) of the act which inter alia stipulated that charitable purposes included education. while interpreting the use of the word education in that sub-section the court specifically said that the word had been used in a narrow context. the .....
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