Court : Kolkata
Decided on : Jul-11-2003
Reported in : 2004(1)CHN280
..... the said land by 14th september, 1999.13. being aggrieved the petitioner filed application before this court being c.a. no. 568 of 1999 under section 446 of the companies act, 1956 whereupon a learned judge of this court on 13th september, 1999 directed maintenance of status quo initially for a short period which by subsequent ..... of the prescribed ceiling.the impugned order of resumption was made on 21st august, 1996, purportedly under the proviso to section 6(3) of the 1953 act, although, the provisions of section 14z of the 1955 act had become operative on and from 7th august, 1969. the impugned order must be held to be misconceived on such ..... for the petitioners further referred to the west bengal land reforms act, 1955 and in particular section 3, section 14j and section 14z of the said act for showing the overriding effect of the provisions of west bengal land reforms act as also of chapter-iib of the said act. section 14z was relied on for showing that the law recognises the .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-11-2003
Reported in : (2004)1CALLT1(HC),[2004(101)FLR278]
..... services of (1) shri bikash bhusan ghosh, (2) shri pradip kumar mukherjee and (3) shri shyama charan mallick to the tribunal under section 2a of the said act separately. instead of referring the dispute separately the state government by one reference had referred the matter to the tribunal regarding termination of services ..... conciliation officer reported to the government that the conciliation proceedings failed and thereupon the state government by its order in exercise of powers under section 10 of the said act referred the industrial disputes to the labour court, bangalore for adjudication. one of the contentions of the company was that the reference was ..... court is of the view that mr. bhattacharya is correct in his submission that essence of determination of 'appropriate government' as contemplated in section 10 of the said act would be the responsibility of the government for maintenance of industrial peace in the territory.12. mr. bhattacharya argued that the question regarding which .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-10-2003
Reported in : (2003)3CALLT414(HC),(2004)IILLJ103Cal
..... that an award (including an arbitration award) shall become enforceable on the expiry of thirty days from the date of its publication under section 17 of the said act. subsection (1) of section 17 of the said act laid down that every arbitration award and every award of labour court, tribunal or national tribunal shall, within a period of thirty days ..... issue is the date on which the award becomes enforceable and the key word is 'award'.20. thus the proceedings with regard to a reference under section 10 of the said act before the tribunal would be deemed to continue till the date on which the award becomes enforceable. the tribunal becomes functus officio from the date next ..... with the employment or non-employment or the terms of employment or with the conditions of labour of any person.'22. the definition of 'award' in section 2(b) of the said act has two parts. the first part covers a determination, final or interim, of any industrial disputes. the purported award dated 15.5.2002 which is .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-10-2003
Reported in : (2004)2CALLT25(HC),[2004(102)FLR430]
..... are two other important aspects which are to be considered by this court. firstly, when the dispute between a workman and management is not falling under section 33 of the act even thereafter the management will have to obtain an approval of the industrial tribunal or not. secondly, what prevented the court from taking this issue as ..... plea of espousing the cause by the union on behalf of the workmen. the cause of action in between the workman and the management under section 33a of the act is totally distinct and different from the cause of action in between the workman and the management in the main industrial dispute regarding the permanency of ..... is not entitled to any relief whatsoever from the management.3. before hearing was concluded a workman/respondent herein made an application before the tribunal under section 33a of the act taking the plea that such workman was dismissed by the management when the industrial dispute in which the aforesaid award was passed in respect of the .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-08-2003
Reported in : (2003)4CompLJ333(Cal)
..... contention that there should be proper pleading either in the plaint or in the petition to build up a case on the basis of the provisions of section 256(4) of the companies act.'27. as against this, mr. pal, learned counsel for the writ petitioners submitted that courts normally, take a very liberal approach in the matter ..... . jessop & co. ltd. (jcl) was established in 1788 and the government of india took over the management of this company under section 18a of the industries (development and regulation) act, 1951 (hereinafter referred to as act of 1951), initially, for a period of three years with effect from 15 may, 1958. subsequently, this was extended from time to ..... (20). 'government railway' means a railway owned by the central government.'20. he has also invited our attention to the definitions given in clause 2(31) of the railways act, 1989, which read as under :'2(31) 'railway' means a railway, or any portion of a railway, for the public carriage of passengers or goods, and includes .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-08-2003
Reported in : [2004(101)FLR888],(2004)ILLJ890Cal
..... the regional commissioner but the recommendation part will be left for the central provident fund commissioner being an ex officio member of the central board under section 5-a of the act. if he recommends it will be much more easier for the appropriate government to consider the case. it is true to say that an appropriate ..... for consideration for better benefit or minimum at par with the benefit, there is no scope for making application under the scheme of 1995 as per section 6-a of the act. both mr. mitter and mr. sengupta on behalf of the employers and employees contended before this court that not only the scheme which has been ..... the same.6. since the question of jurisdiction arose herein i have travelled through the appropriate parts of the act as well as the scheme having statutory flavour. section 2(a) speaks about the definition of the appropriate government. such section is quoted hereunder:(a) 'appropriate government' means- (i) in relation to an establishment belonging to, or .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-08-2003
Reported in : (2004)1CALLT467(HC)
..... , reported in (1970)3 all er 871. in that case h. lavender and son ltd. (supra) while under the law namely under section 23 of the town and country planning act, 1962, the appeal was required to disposed of on its merit by exercising the discretionary power by minister of housing and local government but the ..... wherein the court applied said legal theory. in that case, a complaint against the police was filed before the police complaints board by virtue of section 2(1) of the police act, 1976. the board was required to exercise its discretionary power for appropriate proceeding departmentally but unlawfully fettered the discretion which it had under ..... section 3(2) of the 1976 act by regarding itself as bound to comply with secretary of state's guidance and thereby to accept the police decision not to institute disciplinary .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-04-2003
Reported in : (2004)1CALLT117(HC),2004(2)CHN357
..... the state. it reveals from the fact that although the vendor being the appellant herein contended that they had no excess land a return under section 6 of the urban land ceiling act was filed by the appellant. these were nothing but supplemental to the deed of conveyance. these convenant could have been inserted in the conveyance ..... early as possible.we send you herewith one copy of the final deed of conveyance to enable your clients to apply for clearance certificate under section 230a of the income tax act, 1961.we invite your immediate attention to our letter dated 17/20th march, 1982 under cover whereof we had sent a draft of letter ..... if after making out a marketable title to the said premises and obtaining the permission under the urban land (ceiling & regulation) act, 1976 and the clearance certificate under section 230a of the income tax act, 1961, the vendor fails or neglects to complete the transaction the purchaser may either cancel this agreement in which event the vendor .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-03-2003
Reported in : (2003)1CALLT530(HC),(2004)186CTR(Cal)697,[2004]266ITR329(Cal)
..... separately and such determination should form part of order of assessment itself so that the same can be examined and scrutinized in the appeal provided under section 246 of the 1961 act. therefore, though not directly supported by the decisions cited by mr. pal, yet the principle can be borrowed even for the purpose of a ..... during the course of assessment and not after the assessment since the information received after 17th march, 1941, was not a discovery within the meaning of section 34 of the 1922 act. in this context, the reassessment was held to be an assessment in piecemeal or compartmentalized assessment. the decision in debi prasad malviya's case (supra) ..... to the amount shown in the account. after obtaining information he came to the conclusion that income has escaped assessment and, therefore, initiated a proceeding under section 34 of the. 1922 act. in such a context, it was held that this information was within the knowledge of the ao, therefore, it could not be said that this .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-03-2003
Reported in : [2004]134TAXMAN146(Cal)
..... to the amount shown in the account. after obtaining information he came to the conclusion that income has escaped assessment and, therefore, initiated a proceeding under section 34 of the 1922 act. in such a context, it was held that this information was within the knowledge of the assessing officer, therefore, it could not be said that ..... during the course of assessment and not after the assessment since the information received after 17-3-1941 was not a discovery within the meaning of section 34 of the 1922 act. in this context, the reassessment was held to be an assessment in piecemeal or compartmentalized assessment. the decision in debi prasad malviya case (supra) ..... separately and such determination should form part of order of assessment itself so that the same can be examined and scrutinized in the appeal provided under section 246 of the 1961 act. therefore, though not directly supported by the decisions cited by mr. pal, yet the principle can be borrowed even for the purpose of a .....
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