Court : Kolkata
..... the customs officials. therefore, this writ application is disposed of with the direction that the respondent authorities will be free to make the assessment under section 17 of the customs act without insisting on the certificates mentioned in their query appearing in the annexure p-4 at page 30 of the writ petition. however, the ..... no further import of new vehicle of that model shall be allowed thereafter. mr.sen also showed me the definition of a motor vehicle in section 2(28) of the motor vehicles act, 1988. a motor vehicle is defined as follows: (28) motor vehicle or vehicle means any mechanically propelled vehicle adapted for use upon roads ..... authorities do not accept the selfassessment made by the writ petitioners that these items are parts of a motorcycle and are making an assessment under section 17(3) of the customs act, 1962, as submitted by mr.bharadwaj, learned advocate for the respondents. they have raised the following query while making this assessment as contained .....
Tag this Judgment!Court : Kolkata
..... versus ganesh prasad singh reported in 2012 (1) chn152 mr.ahin chowdhury, learned senior advocate for the plaintiff began his submissions by placing section 25 of the limitation act. he submitted that when access and use of light have been enjoyed without interruption for 20 years the right became absolute and indefeasible. the ..... enjoying the right to light uninterruptedly and peacefully. hence, they had become absolute. he referred to section 15 of the indian easement act, 1882 and referred to sections 15 and 35 (b) thereof. i insert both these sections for convenience. 15. acquisition by prescription.------ where the access and use of light or air to ..... . such would be the diminution that residing there would cease to be comfortable. it could no longer be used for ordinary purposes of inhabitancy. the acts of the defendant commencing and continuing with the proposed construction constitute actionable nuisance, according to the pleading. a special reference may be made to the averments .....
Tag this Judgment!Court : Kolkata
..... apo1702014. the court : these two appeals would relate to a common judgment and order passed by the learned single judge while partly allowing the application made under section 34 of the arbitration and conciliation act, 1996 at the instance of the union of india. the contractor is aggrieved as the learned single judge partly allowed the application by setting aside the award .....
Tag this Judgment!Court : Kolkata
..... claim. why he could come to such conclusion is, however, not clear from the award. being aggrieved, the respondents filed the said award under section 34 of the said act, 1996. the learned single judge allowed the said application setting aside the award. hence, this appeal at the instance of the appellant. the respondents ..... contention. according to the arbitrator, in terms of section 4 of the said act, 1996 the respondents waived their right to challenge the constitution of the tribunal. without prejudice to such contention of the respondents, the respondents filed ..... there was any express consent given by the respondents. the respondents did not concur such appointment. hence, the tribunal could only be constituted under section 11 of the said act, 1996 and that too, by the hon ble chief justice or his lordship s designate. the arbitrator would rule on his jurisdiction and reject such .....
Tag this Judgment!Court : Kolkata
..... apply its mind to the complain. it cannot abduct its jurisdiction by claiming that it has no other option than to issue notice in term of section 7. section 10 of the act of 2013 allows the internal committee or the local committee as the case may be to conciliate between the complainant and the respondent. for the internal ..... the given facts and circumstance of the case before it to say whether to go in a conciliation initially or to launch any enquiry. in fact, section 11 of the act of 2013 allows an internal committee or local committee to forward the complaint to the police. the writ petitioner contends that the complaint of sexual harassment is ..... in accordance with the provisions of the service rules applicable to the respondent and where no such rules exist, in such manner as may be prescribed. section 11 of the act of 2013 also speaks of lodging a police complain in given circumstances. the question raised before me is whether the internal complaints committee is powerless and on .....
Tag this Judgment!Court : Kolkata
..... , as would appear from page 18 of the compilation. the respondent did not deal with such aspect. mr.mitra further contended, lot was said on section 32 of the contract act that would have no role to play as the transactions could not be said to be the contingent contract. he would refer to khanna s letters that ..... to the foreign account subject to reserve bank permission. there was no certainty on reserve bank permission hence, such type of contract would be void under section 32 of the contract act that the learned judge erred in appreciating. mr.mookherjee was critical about the letter dated august 7, 2006, the bank appropriated the sum without any reference ..... sethias, in absence of permission from the reserve bank of india such contract would be void and not enforceable in law. he would heavily rely on section 32 of the contract act to support his contention, the contract based on a contingency would become void in the instant case. according to the bank, the fixed deposit was kept .....
Tag this Judgment!Court : Kolkata
..... by half moon as per requirements of pilco.amount to rendering of managerial, technical or consultancy services as defined in explanation-2 to clause (vii) of section 9)1) of the act; (this definition is only relevant for our purpose as discussed above . mr.bajoria, learned senior advocate, submitted that the fact that interest in the recordings ..... them. the delhi high court applied the rule of noscitur a sociis which in english means it is known by its associates. explanation 2 of section 9(1)(vii) of the income tax act provides as follows: explanation [2]..- for the purpose of this clause, fees for technical services means any consideration (including any lump sum consideration) ..... framed: (a) whether on a true and proper interpretation of the agreement with m/s.half moon srl, italy and the provisions of section 9(1)(vii) of the income tax act, 1961, the tribunal was justified in law in holding that the activities of the said italian concern amounted to rendering of managerial, technical or .....
Tag this Judgment!Court : Kolkata
..... possible for the howrah municipal corporation to regulate properly the matters related building activities; now, therefore, in exercise of the powers conferred by sub-section (4) of section 215 of the said act the governor is pleased hereby to specify that the provisions of the kolkata municipal corporation building rules, 2009 (hereinafter referred to as the said rules ..... with the law laid down in paragraph 8 of the judgment in h.c.pvt.ltd.v.cmc: 2002(4) chn592holding where as sub-section (1) of section 400 of the act authorizes demolition of erection of any building or the execution of any work which has been commenced, or is being carried on, or has ..... passed by the competent authority, . , (paragraph26) however, the attention of the court was not drawn to the statutory provisions under chapter xxii of the 1980 kmc act, such as sections 392, 393, 400(1) and (8) which make it explicit that there is no provision for regularizing an unauthorised construction be it called minor or major, .....
Tag this Judgment!Court : Kolkata
..... the income would not be taxable in india. the second submission advanced by mr.murarka is that the explanation under sub-section (2) of section 9 of the income tax act was inserted by the finance act, 2010 albeit with retrospective effect from 1st june, 1996. he contended that the assessee could not have foreseen the amendment ..... the assessee should not be held liable. we have considered the rival submissions. the firs.submission of mr.murarka has not impressed us. sub-section (2) of section 90 of the income tax act may, in that regard, be taken into consideration which provides as follows: 90. (2) where the central government has entered into an ..... second submission advanced by mr.murarka is not of much significance either. before the explanation was added to sub-section (2) of section 9 of the act by the finance act, 2010, there was already an explanation introduced by the finance act, 2007 with retrospective effect from 1st june, 1976 which provides as follows: (i) explanation.- for the .....
Tag this Judgment!Court : Kolkata
..... with moral turpitude.9. i have heard mr. dutta and mr. bhattacharya at length.10. the first, fourth and fifth respondents, being the concerned registrars/ section officer of this court have not appeared to place their version.11. the claim of the petitioner for releasing gratuity in his favour, notwithstanding the fact that ..... the latter for his long, continuous and meritorious service. the statutory recognition of the concept was brought about by the introduction of the payment of gratuity act, 1972, a welfare oriented legislation intended to confer certain benefits upon employees working in various establishments in the country, and thereafter by rules/regulations that ..... have been framed for employees/officers who are not governed by the act. a cut in gratuity or withholding of gratuity is permissible only within the four corners of the concerned statute that imposes duty and confers right .....
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