Judgment Search Results Home > Cases Phrase: finance act 1968 section 28 amendment of section 280zb Sorted by: recent Court: kolkata Page 66 of about 764 results (0.884 seconds)

Citicorp Finance (India) Limited Vs. the State of West Bengal and anr.

Court : Kolkata

Reported in : (2008)IVCALLT271(HC)

..... apex court categorically held that it is within the right of the financier to seize and re-possess a vehicle which was purchased by the hirer at the finance provided by the financier, if the instalment amounts are not paid within the stipulated time more particularly when the hire purchase agreement contain a specific default clause ..... away the vehicle leaving the driver there.4. mr. sengupta, the learned counsel, appearing on behalf of the petitioner submitted before this court that the petitioner herein citicorp finance (india) limited in terms of a hire purchase agreement entered into with the complainant i.e. the opposite party no. 2 herein, provided a loan of rs. ..... which was remain valid till 27th of september, 2007.7. the petitioner company duly appeared in the said title suit and moved an application under sections 5 and 8 of the arbitration and conciliation act, 1996 praying for stay of the said suit and referring the same for arbitration. subsequently, in terms of the provisions of .....

Dr. Pranab Kumar Chowdhury Vs. the Kishan Co-operative Milk Producers' ...

Court : Kolkata

Reported in : (2008)4CALLT341(HC)

..... reported case has been stated in paragraph 7 of the said reported case wherefrom it appears that the government had decided to set up a corporation wholly financed by the government for establishing a chain of stores throughout the state for supply of essential commodities to the state government employees at normal rates. the composition ..... the requirement of article 14 of the constitution of india. the hon'ble supreme court was pleased to further observe that if such instrumentality of the state acts in contravention of the requirement of article 14, then the writ court can issue suitable directions to set right the arbitrary actions of such instrumentality of the ..... has not prayed for reinstatement. it may be recorded here that the learned counsel for the petitioner ultimately did not press the petitioner's case under the said act of 1995. the respondent authorities have stated in their affidavit-in-opposition, with regard to the constitution of the board of the respondent no. 1, that .....

Punjab National Bank Vs. Bengal Potteries Ltd. (In Liqn) and ors.

Court : Kolkata

Reported in : 2008(4)CHN727

..... law for the time being in force. this act, therefore, has an overriding effect. however, sub-section (2) further provides that the act of 1993 shall be in addition to, and not in derogation of. the industrial finance corporation act, 1948 (15 of 1948), the state financial corporations act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank ..... of india act, 1984 (62 of 1984), the sick industrial .....

Dewrance Macneill and Co. Ltd. (In Liquidation) Vs. Padam Kumar Khaita ...

Court : Kolkata

Reported in : [2010]97SCL236(Cal)

..... of 2004 and other consequential reliefs.2. ca no. 604 of 2004 is an application taken out by the official liquidator of this court under section 543 of the companies act, 1956 ('the act') by the judge's summons dated 1-10-2004. he took out the application initiating misfeasance proceedings against all the seven respondents named in the ..... contention that at the present stage of the proceedings the first respondent's demurrer should not, or rather cannot, be examined on merits. mr. sen has relied on security & finance (p.) ltd.'s case (supra) and itc ltd. v. debts recovery appellate tribunals : [1998] 2 scc 70, in support of his contention that an application in the ..... sugar mills ltd. v. jogeshwar prasad [1976] 46 comp. cas. 671 (pat.); premier credit & motors co. (p.) ltd. v. shafiqur rehman [1987] 3 comp. lj 197 (all.); security & finance (p.) ltd. v. b.k. bedi [1991] 71 comp. cas. 101 (delhi); chamundi chemicals & fertilisers ltd. v. m.c. cherian [1993] 77 comp. cas. 1 (karn); sajida book .....

Eastern Coal Fields Limited Vs. Central Government Industrial Tribunal ...

Court : Kolkata

Reported in : (2008)IVCALLT42(HC),2008(4)CHN640,[2008(118)FLR1176]

..... any supportive evidence.(iv) the private respondents were neither temporary workers nor engaged by any contractor. hence, question of their regularisation either under section 10 of the contract labour abolition act, 1970 or otherwise could not arise.5. in support of his contention mr. majumder relied on the following decisions apart from uma devi- ..... volume-ii, calcutta high court notes, page 721 [west bengal registration copywriters' association v. state of west bengal service through the secretary, department of finance, government of west bengal and ors.)8. analysis of the awards on the factual score came through evidence:(i) prior to 1978 the concerned workmen used ..... supreme court cases, page 1 the apex court deprecated the practice of regularisation of appointments made irregularly. the apex court also considered section 10 of the contract labour abolition act. even in the said decision the apex court observed that a close survey should be made to find out whether such work contract .....

Pannalal Sagarmal Vs. Central Bank of India

Court : Kolkata

Reported in : AIR2008Cal285,2008(4)CHN208

..... been able to indicate a triable issue of the quality that such decision recognised would deny the plaintiff the immediate right to sign judgment in its favour.16. section 106 of the act allows the lessor to determine a lease of the kind that is the subject-matter of the present suit by a notice of 15 days' duration. a ..... is placed for the principles involved in assessing a notice to quit and the considerations in the application of the present nature for seeking eviction in summary proceedings:section 106 of the act does not require any reason to be given by the lessor and the fact that the lessor gave a reason would not require the lessor to justify the ..... on the fact-situation of this case, cannot be placed anything different from that of lessor and lessee falling within the purview of the second para of section 107 of the t.p. act extracted above. from the pleadings of the parties there is no possibility for holding that the nature of possession of the appellant in respect of the building .....

Jaideep Halwasiya Vs. Rasoi Ltd. and ors. (No. 1)

Court : Kolkata

Reported in : [2009]150CompCas1(Cal)

..... upon bhartia failing. teji mandi has cited another board resolution of september 26, 2006, by which one raj kumar more appears to have been authorised under section 187 of the act to represent teji mandi at the general meeting of the company, but the company insists that such subsequent resolution was not presented on the adjourned date. ..... of no use to the company. the plaintiff suggests that if the size of the preferential issue was bigger it could have helped the company in augmenting its finances, but any allotment of preference shares to the promoters to take the promoters' ultimate holding in the company beyond 55 per cent. of its paid-up ..... comp cas 706 (cal) : [1965] 1 comp lj 112 (shalagram jhajharia v. national co. ltd.), in support of his contention that an explanatory statement under section 173 of the act should contain a full and frank disclosure of the true nature and character of the business proposed to be transacted and the reason therefor. in the shalagram jhajharia case .....

The Islampur Municipality and anr. Vs. Chaudhuri M. Manjar Afaque and ...

Court : Kolkata

..... which market committee may impose levy of fees on any agricultural produce sold in the market area. section 17 reads such:17. levy of fee by market committee.- (1) notwithstanding anything contained in the bengal finance (sales tax) act, 1941 or any other law relating to taxation of agricultural produce in force, the market committee shall levy fees on any agricultural produce sold ..... agricultural produce by establishing markets for agricultural produce in the state of west bengal. accordingly, in the object it has been stated that earlier in the west bengal markets regulation act, 1968 there was some lacuna in the statute whereby the wholesale traders could be restrained to carry the business within the market yard and also in the market area and accordingly .....

Arup Mondal Vs. the State of W.B.

Court : Kolkata

..... : 1995crilj3992 wherein it has been held that 'absence of the signatures of thumb impression of an accused on the disclosure statement recorded under section 27 of the evidence act detracts materially from the authenticity and reliability of the disclosure statement'.34. the attention of the learned trial judge was not drawn by the ..... is expressly stated therein, but also what is necessarily implied therefrom.'contradict' according to the oxford dictionary means to affirm to the contrary. section 145 of the evidence act indicates the manner in which contradiction is brought out. the cross-examining counsel shall put the part or parts of the statement which affirms ..... they chose to examine witness where was the difficulty in producing this envelope. this would squarely bring the case within the illustration (g) of section 114 of the evidence act which provides as follows:that evidence which could be and is not produced would, if produce, be unfavorable to the person who withholdsit.17. .....

Bimal Khemka Vs. A.L.K.B. Chand and ors.

Court : Kolkata

Reported in : (2008)3CALLT211(HC),2008(3)CHN194

..... this writ petition was filed on 9th october, 2007 challenging the order dated 7th september, 2007 passed under section 7(1) and section 7(3) as also under section 19(1) of the smugglers and foreign exchange manipulators (forfeiture of property) act, 1976 ('safema' for short). during its pendency, on 25th march, 2008, the wife of the ..... exchange and prevention of smuggling activities act, 1974 (hereinafter referred to as 'cofeposa') and for consequential reliefs.2. the facts of the case are as follows:the petitioner was served with an order of detention dated 22nd august, 1995 under cofeposa issued by the joint secretary, ministry of finance, government of india. pursuant to ..... on the validity or otherwise of the order of detention.4. thereafter, on 22nd december, 2006 the competent authority, respondent no. l issued a notice under section 6(1) of the safema. the petitioner replied by filing written submission. during hearing, as it appears from the impugned order dated 7th september, 2007 the .....