Court : Kolkata
..... charges. the claim that has been made by the railway authorities is subsequent to the stacking happening. the same would therefore not come within the purview of section 37 of the railways act, 1989 in view of the ratio laid down in m/s.modi industries ltd.(supra).in m/s.modi industries ltd.(supra) the supreme court has considered ..... dispute on account of freight charges. the question of lack of jurisdiction was raised therein. such contention was based on section 43 of the act of 1989. it has been held that the bar of jurisdiction mentioned in section 43 of the act of 1989 does not apply to writ courts. on facts the court found that disputed questions of fact had been ..... the provisions of section 41 of the railways act, 1989 and is of the view that the words is charging in clause (b) and is levying in clause (c) of section 41 must be construed to mean is demanding a price at the present time for services to .....
Tag this Judgment!Court : Kolkata
..... day as the respondent had filed its petition before the high court. all the same it is imperative to give effect to the legislative intent recorded under section 42 of the 1996 act, namely, that all disputes arising out of a common arbitration agreement, arbitral proceeding or arbitral award, would lie only before one court. in a fairly ..... to the same arbitration agreement, arbitral proceeding or arbitral award, could most definitely arise in more than one court simultaneously. to remedy such a situation section 42 of the a & c act, 1996 mandates that the court wherein the firs.application arising out of such a challenge is filed, shall alone have the jurisdiction to adjudicate upon ..... this court to pass any order at this stage. in an earlier matter the division bench of this hon ble court in amar singh versus l & t finance ltd.it was held that it is incumbent upon the decree-holder to proceed with the execution application after getting the setting aside application disposed of. whether the .....
Tag this Judgment!Court : Kolkata
..... learned single judge after taking into consideration the objections raised with regard to the enforceability of the said agreement under section 14(1)(a) of the specific relief act read with section 41(e) of the said act and the judgments cited on behalf of the defendant no.2 held that there has been substantial compliance of the ..... views about whether a pensioner, of the bank, holds office of profit. further, in terms of gazette of indiaextraordinary dated 29.12.2000 issued by ministry of finance, government of india, do not permit an employee of the bank to contest the election as shareholder director. in view of the fact that position of employee ..... in the waiver clause of the milestone chart, it is clearly mentioned that in case of private land being purchased from the owner directly, notification under section 6 or section 11 would not be applicable and in such case, land registration/transfer deed/land lease agreement would only be applicable. it is submitted that the minutes .....
Tag this Judgment!Court : Kolkata
..... correct in law in deleting the addition of rs.41,15,000/-, which was made by the assessing officer under section 68 of the income tax act, 1961, and which was upheld by the commissioner of income tax (appeals) by ignoring the facts recorded by the assessing officer as also the commissioner ..... alleged creditors and the source of the source are relevant enquiries. reference, in this regard, may be made to the judgement in the case of cit versus precision finance pvt.ltd.reported in (1994) 208 itr465wherein the following views were expressed:- it is creditors.for the their transactions. assessee to creditworthiness in our view, on ..... the learned tribunal reversed an order passed by the cit (appeals) concurring with the views of the assessing officer in so far as the addition under section 68 of the income tax act was made. the revenue has come up in appeal. the following questions have been suggested. ( i) whether the income tax appellate tribunal was .....
Tag this Judgment!Court : Kolkata
..... commerce as according to them, the agreement stipulated an arbitration clause. the appellant filed an application for stay of the civil suit under section 8 of the arbitration and conciliation act that the city civil court dismissed vide judgment and order dated april 30, 2004. on appeal, the division bench set aside the ..... 495.3. cc. alavi haji vs. palpetty muhammad and another reported in 2007 volume- vi supreme court cases page- 555 4. wescare (india) limited vs. subuthi finance limited and another reported in 2008 arbitration law reporter (madras) volume- iv page- 278.5. yogi agarwal vs. inspiration clothes and u and others reported in 2009 ..... tribunal became active in dealing with the controversy. the respondent never appeared before the tribunal, did not pursue their grievance raising the question of jurisdiction under section 16 and permitted the tribunal to proceed. the respondent never approached the court to stop the arbitration proceeding. the proper course would have been to .....
Tag this Judgment!Court : Kolkata
..... , ms.manju bhutoria, advocate mr.souvik chowdhury, advocate heard on : april 6, 2015 judgment on : april 17, 2015 ashim kumar banerjee, j. backdrop: tata capital finance limited filed a winding up petition against maheswari ispat limited, the applicant above named, inter-alia praying for its winding up on the ground, maheswari failed to repay the financial ..... bose) the court decreed a mortgaged suit ex-parte and omitted to allow interest under order xxxiv rule 11. the decree holder prayed for amendment under section 151 and/or section 152. the division bench observed, the court was not competent, the only remedy would lie in appeal. ii) 76 company cases page-247 (badri ..... , was competent to give such direction in a petition for winding up that would meet the substantial justice as recognized by section 443 of the companies act, 1956. accordingly, the division bench granted installments. when the company paid installments to a substantial extent and prayed for some respite the division bench, .....
Tag this Judgment!Court : Kolkata
..... company to the writ petitioner is not patented nor otherwise registered as an intellectual property right in india. hence, the same will not be covered under section 65 (105) (zzr) of the finance act and, therefore, service tax is not attracted. no patent exists in respect of the technical know-how granted to the writ petitioner under the collaboration ..... right in to manufacture of security printing inks is not registered in india and the same, therefore, prima facie will not be covered under section 65 (105) (zzr) of chapter v of the finance act, 1994. as such, prima facie, service tax liability will not be attracted to the transfer of the said technical know-how by the swiss ..... at the rate of 2 per cent of the tax per month, whichever is higher. the commissioner also imposed a penalty of rs.3 crores under section 78 of the finance act, 1994. (3) the petitioner challenged the aforesaid order of the commissioner before the cestat by way of an appeal. the petitioner also filed an application .....
Tag this Judgment!Court : Kolkata
..... lady. her performance over the last 4/5 years as employee of the asiatic society has been acclaimed by the council. at the 34th meeting of the standing finance committee of the society held on 28th november, 2014, professor manabendu banerjee, the general secretary of the society, requested the committee to consider the regularization of service ..... years.her service has been extended from time to time renewing her contract of employment. her grievance in this writ application is that in spite of the standing finance committee of the asiatic society having resolved at a meeting dated 28th november, 2014 that at the time of fresh recruitment for suitable vacant post, she will ..... service has not been extended, is a two-line cryptic letter, devoid of any reasons. the society being a public body, cannot act like a private employer and has a duty to act fairly. i am of the opinion that the petitioner has been treated unfairly and in an unjust manner nullifying her legitimate expectation of being .....
Tag this Judgment!Court : Kolkata
..... 000/- imposed by the respondent no.3 under section 271d of the i.t.act for violating the provision of section 269 ss of the i.t.act without even considering the object for which section 269 ss of the i.t.act was inserted by the finance act, 1984 and by interpreting section 273b of the i.t.act in a hypertechnical way as if the urgent ..... penalty under section 271d of the i.t.act without even ..... requirement of money is the only criteria for applying the section 273b of the i.t.act for not imposing any .....
Tag this Judgment!Court : Kolkata
..... of duties of judge s office or judicial process or administration of justice or generation or production of tendency bringing the judge or judiciary into contempt. section 2(c) of the act, therefore, defines criminal contempt in wider articulation that any publication, whether by words, spoken or written, or by signs, or by visible representations, ..... impasse the administration of justice. the tendency of judge bashing and the use of derogatory and contumacious language against the judges require condemnation. in dealing with section 2( c ) of the act and defining the limits of scandalizing the court the hon ble supreme court in d.c.saxena [1978 (3) scc339, held as follows; 40. ..... white collar criminal/terrorist & allow me to have a right to life as contained in act 21 of indian constitution.8) that i would also like to state the president of india, that i know arun jeeitley, hon ble union finance minister recently had rushed to london to uncover the veil of mahatma gandhi & hours after .....
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