Court : Kolkata
Reported in : 2007(2)CHN188
..... filing of an appeal does not prevent the authorities from carrying out the order passed. regarding principles of law, the supreme court in union of india v. kamalakshmi finance corporation ltd. (supra) held as under:.the mere fact that the order of the appellate authority is not 'acceptable' to the department--in itself an onjectionable phrase- ..... to take down the gist of this order and communicate the same to the respondents and the respondents, particularly the respondents nos. 2, 3 and 4 shall act on the basis of such communication without insisting upon production of the certified copy of the order.16. urgent xerox certified copy of this order, if applied ..... as the commissioner failed to take into account certain facts.7. learned advocate appearing on behalf of the state respondent submits that the police authorities could not act due to pendency of litigations.8. heard learned advocates for the parties.9. perusing the petition i find that on 6th october, 2005, the excise commissioner .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(2)CTLJ28(Cal)
..... by the respondent no. 9 and then the appellant agreed to such proposal, but ultimately such proposal was not accepted. the tender committee obtained the opinion of the finance department and the lr of the government of west bengal and then accepted the offer price of the respondent no. 8. thus, i find that the action of ..... are not in a position to help the petitioner in anyway. as discussed above, the tender committee did not act on its own in selecting the respondent no. 8 as the lowest bidder. it obtained the opinion of the finance department and the lr of the government of west bengal and then the quotation tendered by the respondent no. ..... without further explanation and so the court is to look into the matter whether the concerned authority had acted according to the terms and conditions laid down in the nit.13. therefore, i hold that upon receiving the clarification of the finance department and the lr of the government of west bengal, the tender committee had rightly accepted the .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(4)CHN411
..... to a case which was not guided or governed by the said amendment. on behalf of the pvt. o.p., it was further submitted that section 11 of the act leaves no scope for controversy as it clearly lays down that no action of a market committee shall be called in question merely by reason of the ..... is required to be constituted with, apart from others, a person representing the bank financing the market committee. it was then submitted that the market committee under consideration in this case was not duly constituted in accordance with section 5 of the said act and, as such, any action taken by such committee cannot have the support of ..... the said market committee lodged a complaint against the petitioner before the learned court of additional chief judicial magistrate for alleged violation of section 34 of the west bengal agricultural produce marketing (regulation) act, 1972.in response to the summons issued by the court, the petitioner duly appeared. he pleaded not guilty to the accusation while .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2006Cal335,2007(1)ARBLR10(Cal)
..... by the respondent. in a ruling of the madras high court in kamala solvent v. manipal finance corporation limited : air2001mad440 (supra) the learned single judge of that court took a view that under section 11(6) of the act the chief justice is not to make any appointment but to enforce or direct the parties to ..... the railways mainly bases his argument on the principle that even if the railway administration has lost its right yet considering the language of section 11(6) of the act in contradistinction to sub-section (4) and (5) thereof the agreement should still be honoured and therefore i should appoint an arbitrator only in terms of the ..... steal an unfair advantage over the other sheerly by committing default by not acting in terms of the notice sent to it by the opposite party. such cannot be the interpretation of section 11(6). the learned judges of the madras high court kamala solvent v. manipal finance corporation ltd. : air2001mad440 (supra)] kerala high court bel house associate .....
Tag this Judgment!Court : Kolkata
Reported in : 2008ACJ1514,AIR2007Cal143
..... the matter before the learned tribunal below. both the two trucks were insured under the same insurance company and admittedly the insurance company took leave under section 170 of said act to agitate all the points as the respective owners did not contest the case. the learned advocate for the appellant submits that from the material ..... though the statute have given effect of such by notification earlier. to pose the question very lucidly we are explaining that the concerned motor vehicles act so far as section 147, which carries the no liability of the insurance company of gratuitous passenger of a goods vehicle was already into the statute book with effect ..... a summary proceeding and all intricacies of the civil procedure code as applicable either in a civil proceeding and/or all financies of proving a material fact in terms of the evidence act as applicable in a criminal proceeding need not be followed, it appears before this court that there are material evidence on the part of .....
Tag this Judgment!Court : Kolkata
Reported in : (2006)3CALLT547(HC)
..... it will be incumbent for the probate court to see representation of the estate until probate proceeding comes to logical conclusion, is legally arranged under section 247 of the act.65. the act and conduct of lodha after death of the lady is also not appreciated by this court. it appears from the records within the period of ..... enforce his right as such executor either before the court of law or before any other authority on the strength of the unprobated will as section 213 and section 214 of the said act operate as bar. so, according to me, this is one of the instances of the necessity to appoint apl.55. there were proceedings ..... industrial field in various manners. he served prime minister's council on trade and industry, central direct taxes advisory committee, board of trade, national institute of public finance and policy, committee for defence production, advisory committee of capital issue etc. the applicant lodha is also director of the boards of a large number of companies viz .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2006Cal259
..... chowdhury 13 clj 34 the division bench of this court was again of the view while dealing with the corresponding provision of present section 247 (section 34 of the indian probate and administration act, 1881) that not only there must be a contest in the probate proceedings there must be necessity for such appointment.41. in ..... estate is in medio as the same has stood vested in the executor, (lodha) on her demise. they have drawn reference in this connection to section 211 of indian succession act : air2004sc2060 . all the valuable articles which are liable to be easily removable namely ornaments, gold coins etc. have all been found intact and have ..... field in various manners. he served prime minister's council on trade and industry, central direct taxes advisory committee, board of trade, national institute of public finance and policy, committee for defence production, advisory committee of capital issue etc. the applicant lodha is also director of the boards of a large number of companies .....
Tag this Judgment!Court : Kolkata
Reported in : (2006)2CALLT547(HC),2006(4)CHN392
..... pradesh reported in : 1975crilj870 , in support of his contention that omissions of important facts, affecting the probabilities of the case, are relevant under section 11 of the evidence act in judging the veracity of the prosecution case. in the instant case, there being glaring omissions of important facts in the fir, the trial ..... in the face of presentation of such overwhelming evidence against the appellants, the trial court rightly convicted and sentenced them for commission of offence under section 302 read with section 34 of the indian penal code, as contended by mr. safiullah.14. the prosecution heavily relied on the testimony of the eyewitnesses to build ..... of the witnesses, chargesheet was submitted against both the appellants.5. following the commitment of the case to the court of session, charge under section 302 read with section 34 of the indian penal code was framed against both the appellants. they were charged with having committed the intentional murder of md. jahangir .....
Tag this Judgment!Court : Kolkata
Reported in : (2006)3CALLT645(HC)
..... filing writ petition no. 5508 of 1987; a stay order was made.3. challenging the validity of the provisions of chapter xxc, inserted in the income-tax act, 1961 by the finance act, 1986, civil writ petition no. 2821 of 1986 (c.b. gautam v. union of india and ors.) was filed before the delhi high court. ..... 1987 the parties to the agreement submitted the requisite statement in form 37-i before the appropriate authority. by the pre-emptive purchase order under section 269ud(1) of the income-tax act, 1961 dated november 19th, 1987 the appropriate authority ordered purchase of the property by the central government for rs. 11,10,000/-. feeling aggrieved ..... (reported at : [1993]199itr530(sc) ) that writ petition was allowed by their lordships of the apex court. their lordships held that a compulsory purchase order under section 269ud(1) could not have been made unless the parties to the agreement had been given opportunity of showing cause and hearing. an application for clarification was moved by .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2006)101ITD229(Kol.)
..... does not include expenditure on food or beverages provided by the assessee to his employees in office, factory or other place of their work.the finance act, 1992 has substituted sub-section (2) for sub-sections (2) and (2a) with effect from 1.4.1993 provides a quantum of disallowance. the new provision provides that deduction on account of ..... decisions relied on by the ld. counsel for the assessee arc prior to the substitution of sub-section (2) of section 37 of the income-tax act by the finance act, 1992 with effect from 1.4.1993 and later on amended by the finance act, 1994 with retrospective effect from 1.4.1993, therefore, in view of the non obstante ..... india, has to be determined as per provision of section 37(2) as substituted by finance act, 1992 with effect from 1.4.1993 and subsequently amended by the finance act, 1994 with retrospective effect from 1.4.1993. such section 37(2) overrode the provisions of section 37(1) of the income-tax act. it is pertinent to mention here that the .....
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