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Judgment Search Results Home > Cases Phrase: finance act 1968 section 28 amendment of section 280zb Sorted by: recent Court: kolkata Page 67 of about 764 results (0.164 seconds)

Apr 25 2008 (HC)

Sri Sudarshanmoy Ghosh and ors. Vs. South Bengal State Transport Corpo ...

Court : Kolkata

..... non-implementing the pension regulations, 2002 on the ground that the majority of existing employees did not agree in terms of proviso of sub-section (2) of section 17 of the said act of 1952, has no legal basis and foundation. from the aforesaid discussion, accordingly, it is clear that a separate contributory provident fund scheme ..... was being insisted upon by the regional provident fund commissioner that all sums realized so fare be deposited with them immediately. from the latest note of the finance department on the subject forwarded by the asstt. secretary, it appeared however that the government wanted us to keep the money with ourselves and maintain all ..... writ petitioners. as state government did not file any affidavit-in-opposition, who in fact is controlling the activity of the corporation including its management and finance by appointing managing directors and also the board of directors, the court wanted to have an answer from the chief secretary, government of west bengal as .....

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Apr 17 2008 (HC)

Dr. Vikramjit Singh Rohatgi and anr. Vs. Smt. Provabati Das and ors.

Court : Kolkata

..... mukherjee pointed out the admissions made by them in their pleadings regarding creation of licence in favour of mrs. rohatgi. according to mr. mukherjee as per section 18 of evidence act, 1872 an admission by a party is substantive evidence of the fact admitted. an admission duly proved are admissible evidence irrespective of whether the party making them ..... upon the following decisions of the hon'ble supreme court:(i) nagindas ramdas v. dalpatram iccharam reported in : [1974]2scr544 .(ii) union of india v. moksh builders and financers reported in : [1977]1scr967 .18. by referring to the evidence of dr. rohatgi d.w.1 mr. mukherjee pointed out that dr. rohatgi stated in his evidence that ..... of the hon'ble supreme court in the case of nagindas ramdas v. dalpatram iccharam (supra) and also in the case of union of indeia v. moksh builders & financers (supra).35. unlike in the case of captain b.v. d'souza v. antonio fausto fernandes (supra), the agreement in the instant case does not contain any .....

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Apr 16 2008 (HC)

Gopsai Avinandan Sangha and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2008(3)CHN578

..... has been granted; or(b) cancel the affiliation of the institution, where recognition has been refused.15. it is apparent from the provisions of section 14(3) of the act that before issuing the order granting recognition, the council is required to be satisfied on the aspects of adequacy of infrastructural facilities of the institution seeking ..... so, it would be appropriate, in my opinion to discuss briefly the background of the national council for teacher education. this body was established under section 3 of the 1993 act, which is an enactment of the union legislature. the power of the parliament to enact statutes regulating the field of teacher education can be traced ..... an order was passed by the council in terms of section 14(3)(a) of the national council teacher education act, 1993 granting recognition to the said college. i shall refer to this statute henceforth as the '1993 act'. the college is to run as a self-financed institute for which the state government has already issued no- .....

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Apr 09 2008 (HC)

In Re: Tata Tea Ltd.; in Re: Amalgamated Plantations P. Ltd.

Court : Kolkata

Reported in : [2008]144CompCas236(Cal)

..... will be lost. the transfer of the 24 tea estates is nothing but an outright sale to avoid payment of stamp duty. sale can be effected under section 293 of the companies act with the consent of the board of directors and therefore this method need not be adopted.9. the second objection raised is that no provision for interest has ..... figgis and co. p. ltd., in re [1980] 50 comp cas 95 (cal) and the unreported decision in c.p. no. 288 of 2007-- since reported as srei infrastructure finance ltd. in re [2008] 144 comp cas 109 (cal). clause 10 of the scheme deals with consideration and clause 10.3 deals with allotment of shares to the transferee company ..... incomplete and uncertain and ought not to be sanctioned.petitioner-in-reply:14. it has been submitted by counsel for the applicant that under the proviso to section 391(2) of the companies act, 1956, the latest financial position along with the auditor's report must be submitted. in the event the same is not done the scheme cannot be sanctioned .....

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Apr 09 2008 (HC)

In Re: Tata Tea Ltd.

Court : Kolkata

Reported in : [2008]88SCL170(Cal)

..... will be lost. the transfer of the 24 tea estates is nothing but an outright sale to avoid payment of stamp duty. sale can be effected under section 293 of the companies act with the consent of the board of directors and therefore this method need not be adopted.9. the second objection raised is that no provision for interest has ..... valid as held in a.w. figgis & co. (p.) ltd. in re (supra) and the unreported decision in c.p. no. 288 of 2007 - since reported as srei infrastructure finance ltd. in re [2008] 144 comp. cas. 109 (cal.). clause 10 of the scheme deals with consideration and clause 10.3 deals with allotment of shares to the transferee-company ..... incomplete and uncertain and ought not to be sanctioned.petitioner-in-reply:14. it has been submitted by counsel for the applicant that under the proviso to section 391(2) of the companies act, 1956, the latest financial position along with the auditor's report must be submitted. in the event the same is not done the scheme cannot be .....

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Apr 09 2008 (HC)

Shri Chanchal Kumar Das and ors. Vs. the State of West Bengal and anr.

Court : Kolkata

..... alleged non-performance of agreement of sale by the transferor, when such sale is accompanied by delivery of possession of land, is available under section 53(a) of the transfer of property act.(iii) there is no allegation that payment has been received by any one of the accused persons.(iv) there has been a long delay ..... case prima facie disclose commission of a criminal offence. in this connection reliance may be placed in the case of ashok chaturbedi v. reported in 1998 scc (cri) 1704, alpic finance v. reported in 2001 scc (cri) 565, m. krishnan v. vijay singh and anr. (supra), medchi chemicals and pharma private ltd. v. biological (e) ltd. and ..... against any one of the present petitioners.in this connection i feel that it is now essential to take into consideration the definition of the cheating punishable under section 420 of the indian penal code, the said provisions is quoted below:whoever, by deceiving any person, fraudulently or dishonestly induces the person so deceived to deliver .....

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Apr 03 2008 (HC)

Smt. Pato Mondal Vs. the New India Assurance Company Limited and anr.

Court : Kolkata

Reported in : 2008ACJ1854

..... victim or he was the only one to fall back upon in their old age and there is no chance of having another child.35. in the proceedings under section 166 of the act relating to the death of a child of the abovementioned categories, the tribunal is entitled to assess higher amount of compensation after taking into consideration those factors.36 ..... the rate of 7.5% per annum from the date of filing the application. the court found the said amount to be 'just compensation' within the meaning of section 168 of the act. in arriving at such conclusion, the bench proceeded to follow the observations of the earlier bench decisions of the same court in the cases of 1) state of haryana ..... is no reason to reduce such amount of compensation. however, the tribunal, in this case, failed to exercise discretion in terms of section 171 of the act by not granting any amount of interest on the said amount from the date of filing the application till the actual deposit of the amount by the insurance company. the .....

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Apr 02 2008 (HC)

The Food Corporation of India and ors. Vs. Pankaj Kumar Sarkar

Court : Kolkata

Reported in : (2008)1CALLT107(HC)

..... agreed to the negotiated rate of re. 1 /- and requested for implementation of the decision as early as possible.factsa committee was constituted comprising of d.m. (finance) d.m. (storage), d.m. (procurement) and regional manager being the chairman for negotiation with the owner of the godown of ardc, kalirhat for enhancement ..... general manager (w.b.)12. a reply was filed against the said imputation of misconduct by contending that as the matter was referred to from the storage section right from the junior level staff to him, so a note was issued to enhance the rate. the reply as filed reads thus:dated : 28th june. ..... jurisprudence. misconduct has been defined in black's law dictionary, sixth edition at page 999 thus:a transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behavior, wilful in character, improper or wrong behavior, its synonyms are misdemeanor, misdeed, misbehavior, delinquency, impropriety, mismanagement, offense, .....

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Mar 28 2008 (HC)

Pritam Rooj Vs. University of Calcutta and ors.

Court : Kolkata

Reported in : AIR2008Cal118

..... sundry exemptions to its exercise, the manner of attainment of the right and the body of procedure set up there for. through every pore of its 31 sections, the act celebrates the spirit of knowledge.56. knowledge is the plinth on which a polity is built and which it draws from for its sustenance. access to ..... is in question in these proceedings, as to the desirability of answerscripts being made available to examinees upon a request being made for obtaining information under section 6 of the said act.15. the petitioner suggests that there is no jugglery of interpretation that is called for in the present context. he says that the inclusive definition ..... for the limited purpose of understanding the background and state of affairs leading up to the legislation.31. in the case of reserve bank of india v. peerless general finance & investment co. limited reported at : [1987]2scr1 , the fundamentals of contextual interpretation have been emphasised. it is both the reason for the statute and the .....

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Mar 20 2008 (HC)

Shri Krishna Khaitan and ors. Vs. Additional Registrar of Companies

Court : Kolkata

Reported in : 2008(3)CHN135

..... of the company has not been made accused in the case managing director of the company cannot escape liability from the mischief of section 628 read with section 215(1)(ii) of the act. the section clearly implies that all the directors may not be criminally liable for the offence alleged. therefore the question is which other director ..... has been made for quashing of proceedings in complaint case no. c-1143 of 1998 pending before the learned metropolitan magistrate, 14th court, calcutta under section 628 of the companies act. also is challenged the order passed by the learned magistrate dated 26.07.2005 in connection with the proceeding.2. the additional registrar of companies lodged ..... 1 is the chairman, petitioner no. 2 is the managing director, petitioner nos. 9 and 10 are the whole-time directors and petitioner no. 11 is the finance director of m/s. khaitan electricals limited, while petitioner nos. 3 to 8 are directors of the company. the question naturally would arise as to which of the .....

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