Court : Kolkata
Reported in : (2007)3CALLT456(HC)
..... , but that does not mean that a retired government employee or a person who is not a government servant but having grievance within the meaning of section 15 the act cannot move the tribunal for his remedy. the aforesaid form prescribed in the rules cannot have overriding effect over the substantive provisions contained in the statute ..... lying before the respondents before the registrar, appellate side so that conscionable justice can be rendered.4. at this stage, the provisions contained in section 3(q) and section 15 of the act are also quoted below as those are relevant:3{q). 'service matters', in relation to a person, means all matters relating to the conditions ..... of the state government, but a widow of a retired employee, there was no scope of moving the state administrative tribunal under the provision of section 19 of the act. mr. mukherjee further contends that in the writ-application the grievance of the writ-petitioner was against the accountant general, west bengal, as well as .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN88
..... was passed. the final order of assessment was passed on 22nd may, 2007 and served on the petitioner. therefore the petitioner ought to file a statutory appeal under section 127 of the 2003 act.4.2. by orders of court supply has been restored to the petitioner's factory premises and therefore no question arises to quash the notice of disconnection,4 ..... under regulation 5.2 of the supply code of 2004.4.4. for the aforesaid reasons the notice dated 13.12.06 is as per the provisions of the 2003 act and regulation 5.2 and therefore except to the extent that the petitioner is given liberty to file an appeal from the order of final assessment dated 22nd may, ..... . pursuant to orders of this hon'ble court and on receipt of 50% of the billed amount the supply has been restored.3.2. all procedures of the 2003 act and regulation, 2004 relating to the supply code have been followed in the instant case. the inspection team headed by the superintending engineer visited the petitioner's factory premises on .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(4)CHN678,[2007]137CompCas834(Cal),(2008)2CompLJ32(Cal),[2008]81SCL140(Cal)
..... amongst practising chartered accountants but also by the statutory authorities assessing or examining company accounts. recent amendments to some of the provisions of the companies act, section 211 for instance, have given statutory recognition to the accounting standards. there may, however, be issues that arise in course or writing accounts or ..... health, better, more effective and economical management of the corporate sector to ensure continued production, increased employment avenues and generation of revenues. section 72a of the it act is one of the incentives for this kind of absorption of one company into another. on amalgamation the transferor-company merges into the transferee ..... transferee-company of the whole or any part of the undertaking, property rights and liabilities of the transferor-company by virtue of the provisions of section 394 of the act, which are intended to facilitate the process of amalgamation; sailendra kumar ray v. bank of calcutta ltd. [1984] 18 comp cas 1 ( .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(4)CHN252
..... without giving the candidates sufficient time to apply and appear at the interview. she, therefore, prays for outright dismissal of the two applications under section 19 of the act.13. therefore, the questions that arise for determination in these applications are whether by virtue of the contractual appointment for six months which was extended ..... 2006)iillj722sc .11. mr. roy and mr. tabraiz, the learned advocates appearing in support of the other two writ petitions filed by the applicants under section 19 of the act have, on the other hand, opposed the aforesaid contentions advanced by mr. mandal and have contended that the tribunal instead of merely expressing a desire ..... .9. mr. mandal, learned government pleader appearing on behalf of the union of india, has vehemently contended before us that the applicants under section 19 of the act having been appointed purely on temporary and contractual basis cannot have any right of absorption in the regular vacant posts and as such, the tribunal .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(3)CHN640
..... of the housing scheme and to submit the same for approval of the state government. thereafter, the scheme is to be published. section 27a of the 1972 act inserted in the act by amendment act of 1993 it was inserted to assist the housing board in execution of the housing scheme as the housing board was facing tremendous ..... however, without prejudice to their rights and conditions in the writ petition, the petitioners have been advised to file by way of abundant caution applications under section 18 of the act. it has been pleaded that under the garb of 'public purpose', the authorities have acquired the lands for private purpose and for the benefit of ..... respondent nos. 1 to 4 were informed that since the actual ownership and names of awardees could not be ascertained, the compensation amount has been deposited under section 31(2) of the act with the learned special l. a., judges' court, alipore. these respondents, therefore, filed writ petition no. 10061(w) of 2004 challenging the acquisition .....
Tag this Judgment!Court : Kolkata
Reported in : 2007CriLJ4783
..... of the factors, namely, socio economic condition as well as psychological and genetical factors and its molecular vibrant to understand the issue. naturally in the case of rape under section 376 of the indian penal code, misconception of fact depends on its identification vectors, namely educational standard of the lady concerned, social position in terms of economical factor of ..... indian penal code it appears that if the basis of consent is on 'consent' by defining misconception of the fact, the act shall not be deemed as on 'consent', and it has full applicability in a case under section 376 i.p.c. in view of the use of the sentence 'that the definition of the word consent could be ..... under fear or misconception.--a consent is not such a consent as is intended by any section of this code, if the consent is given by a person under fear of injury or under a misconception of fact, and if the person doing the act knows, or has reason to believe, that the consent was given in consequence of such .....
Tag this Judgment!Court : Kolkata
Reported in : 2007CriLJ206,[2007]292ITR470(Cal)
..... an abuse of power, the court will not interfere with such matters.9. the objects and reasons as disclosed by the finance act, 1983, for enacting section 43b are quoted below:59. under the it act, profits and gains of business and profession are computed in accordance with the method of accounting regularly employed by the assessee. broadly stated ..... was enacted.(ii) assuming the legislature was entitled to bring clause (f) by way of amendment by incorporating the same within the ambit of section 43b such amendment is ultra vires the act in absence of non-disclosure of the objects.(iii) incorporation of clause (f) was unreasonable, arbitrary and inconsistent with the object disclosed while ..... was actually paid but also for the years when provision was made.the grounds on which the vires of the said section were challenged by the appellant are as follows:(i) section 43b was introduced by the finance act, 1983, w.e.f. 1st april, 1984 for the purpose of preventing the attempt of the assessee to .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)1CALLT211(HC)
..... separate company. thus the second respondent came into existence on april 1st, 2002.3. the petitioner issued notice to the first respondent under the west bengal premises tenancy act, 1997, section 20, dated september 3rd, 2003 intending to increase the rent of the premises from rs. 2,000/- per month to rs. 18,000/ per month. ..... . v. indian oil corporation ltd. and ors. : air2003sc2120 , radha raman samanta v. bank of india and ors. : (2004)illj566sc and coal india ltd. v. indian explosives ltd. and ors. 2006(3) chn 433 (db).9. opposing the writ petition counsel for the first respondent has said these. the writ petition is totally misconceived. there is ..... it is apparent that the first respondent assigned the tenancy of the property to the second respondent, and thus clearly violated the provisions in section 5(6) of the west bengal premises tenancy act, 1997, the petitioner became entitled to approach the writ court seeking a declaration that the decision of the first respondent to hand over .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2008Cal10,2008(2)CHN52
..... has been furnished.7. learned senior advocate appearing on behalf of the petitioner contended that the statements made in the petition filed before the court under section 6 of the said act, are to be taken as true and correct at this stage. accordingly, it is submitted that particulars of fraud have been stated in the petition. ..... the said order was passed at ad interim stage on the returnable date.2. the application was filed by the appellant under section 9 of the arbitration and conciliation act, 1996 (hereinafter referred to as 'the said act') for an order of injunction restraining the respondent from receiving any payment under the letter of credit dated 27th july, 2006. ..... goods in question. no step has been taken by the respondent to resolve the issue effectively. accordingly, it was submitted on behalf of the petitioner that the acts on the part of the respondent amounts to fraud and the petitioner will suffer irreparable injury if the injunction is refused by the court.5. the case .....
Tag this Judgment!Court : Kolkata
Reported in : 2007CriLJ4215
..... seven years after the repossession of the vehicle and during the period of intervening of seven years, the complainant initiated an action under section 9 of the arbitration and conciliation act, 1996 where the financer made their appearance and filed written objection but the complainant got his case withdrawn. the case of charanjit singh ..... number of times followed by payment of one instalment and then exchange of correspondences. in between the years initiation of a proceeding under section 9 of arbitration and conciliation act took place which also was got withdrawn by the complainant. the essence of the complaint was not against repossession of the vehicle by ..... number of times followed by payment of one instalment and then exchange of correspondences. in between the years initiation of a proceeding under section 9 of arbitration and conciliation act took place which also was got withdrawn by the complainant. the essence of the complaint was not against repossession of the vehicle by .....
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