Judgment Search Results Home > Cases Phrase: finance act 1968 Sorted by: old Court: kolkata Year: 2008 Page 9 of about 97 results (0.412 seconds)

Haldiram Ltd. Vs. the State of West Bengal and ors.

Court : Kolkata

Reported in : (2009)1CALLT158(HC)

..... its pure private law contractual rights available under an ordinary contract it entered with anyone, no public law element is involved in its such act. its such act has nothing to do with the discharge of its any constitutional, executive, statutory or administrative power, duty or obligation.74. mr. sen ..... about the meaning of a covenant in a contract or its enforceability have to be determined according to the usual principles of the contract act. every act of a statutory body need not necessarily involve an exercise of statutory power. statutory bodies, like private parties, have power to contract or ..... , if it is shown that the impugned state action is arbitrary and, therefore, violative of article 14 of the constitution, there can be no impediment in striking down the impugned act irrespective of the question whether an additional right, contractual or statutory, if any, is also available to the aggrieved persons.* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * .....

indu Bhusan Jana Vs. the Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (2008)IVCALLT221(HC),2009(1)CHN27

..... pace of litigation in american courts.33. unfortunately it is the bleak house image of the judiciary that has stuck and many regard the court as a place which exhausts finances, patience, courage and hope, overthrows the brain and breaks the heart. to compound the undesirable yet unavoidable delay on account of the sheer weight of numbers by adding to it ..... state of west bengal. such steps to be taken by the said authorities within a period of four weeks from date and i am sure that the central government shall act in the matter in the sprit of the scheme only and not otherwise as has been (pointed) out by the hon'ble supreme court in the decision referred to hereinabove .....

Birla Corporation Ltd. (Unit Soorah Jute Mill) Sramik Union Vs. Birla ...

Court : Kolkata

Reported in : (2009)1CALLT73(HC),2008(4)CHN592,[2009(121)FLR332],(2009)IIILLJ656Cal

..... without being satisfied about the existence of an industrial dispute. mr. mukherjee referred to and relied on the following decisions in support of his aforesaid arguments:1) air 1968 sc 529, sindhu resettlement corporation ltd. v. industrial tribunal of gujarat and ors., (paragraph 4).2) 1972(1) llj 437, jaipur udyog ltd. v. ..... government with power to make the reference, and the industrial tribunal to adjudicate it.40. industrial dispute has been defined in section 2k of the industrial disputes act, 1947 in the following manner:2(k) 'industrial dispute' means any dispute or difference between employers and employers, or between employers' and workmen, or ..... the managerial decision to shift the establishment from a particular place cannot be an industrial dispute within the meaning of section 2k of the industrial disputes act. the learned senior counsel of the respondent/writ petitioner specifically urged before this court that when no industrial dispute is in existence or apprehended the .....

Kwality Ice Creams (India) (P.) Ltd., in Re

Court : Company Law Board CLB Kolkata

Reported in : 2009(148)CC631; 2009(91)SCL231(CLB-KOL.)

..... 24-9-2004. an application filed by the company seeking extension of time in filing the petition, is allowed. 2. initially, director, economic offences investigation cell, finance department, government of west bengal, vide his letters dated 8-7-2005, had raised certain queries in respect of the company regarding non-payment of sales tax/profession ..... the situation clause in the memorandum of association of the above named petitioner company proposed by the special resolution passed in accordance with section 189 of the companies act, 1956, at its annual general meeting held on 24-9-2004, (which special resolution is set forth in the schedule hereto) is hereby confirmed. schedule ..... bench which is not the proper forum to entertain and adjudicate such wrongful claims of the ex-employees in the instant proceedings under section 17 of the act. apart from this, the company is defending the said court cases and pending litigation cannot be a plausible ground which stands in the way of confirming .....

P.G. and Sawoo P. Ltd. and anr. Vs. Assistant Commissioner of Income-t ...

Court : Kolkata

Reported in : (2008)221CTR(Cal)36,[2008]307ITR243(Cal),[2009]176TAXMAN326(Cal)

..... to note that the principle decided in hope (india) ltd.'s case : [1999]238itr740(cal) has been accepted by parliament when parliament introduced section 25b by the finance act of 2000 with effect from april 1, 2001, relevant to the assessment year 2000-01. as a result of the introduction of section 25b with effect from april ..... from house property' and accordingly charged to income-tax as the income of that previous year in which such rent is received. memorandum explaining the provisions in the finance bill of 2000 has been set out in [2000] 242 itr33. the memorandum sets out the object for which the said new section 25b was introduced which ..... intimation was duly sent to the assessee. thereafter the assistant commissioner of income-tax after recording the reasons issued the notice under section 147 of the said act. the reasons which were stated are as follows:reasons recorded for initiating proceeding under section 147. the assessee company in deriving its income mainly from house property .....

Deb Kumar Bhabani @ D.K. Bhabani and ors. Vs. Mohini Debi and ors.

Court : Kolkata

Reported in : 2008(4)CHN711

..... the same is still continuing. mr. de submits that merely because some documents have been produced showing that heirs of chimanlal agarwala were occupying the property even after 1968, for that reason, there cannot be any presumption of continuance of tenancy, when express surrender in writing by chimanlal agarwala has been proved. he, therefore, prays ..... deed of 1956 in favour of chimanlal agarwala was not registered and therefore, the tenancy of chimanlal before surrender was governed by the west bengal premises tenancy act, 1956.16. the next question is in view of the fact that the possession of the plaintiffs in the property even before 1988 having been established whereas ..... receipts issued by the landlord in the name of a fictitious person when his tenancy is a secured one under the provision of the west bengal premises tenancy act. similarly, there was no justification for installation of a new electric meter in the name of radha kishan agarwala. we have already pointed out that the .....

RabIn Kumar Chandra Vs. Sikha Chandra

Court : Kolkata

Reported in : 2008(4)CHN511

..... chandra saha reported in : air1967cal603 ;3) gowardhan sheocharan and ors. v. gangabai reported in : air1964mp168 ;4) laxmi and anr. v. krishna bhatta and anr. reported in air 1968 mys 288;5) kashinath sahu v. devi and ors. reported in air 1971 ori 295.19. after considering the submission of the learned counsel for the parties, we are not ..... as interim alimony in these proceedings, either before the trial court or before this court, will be adjustable against such amount. as stated in section 25 of the act, the rate fixed by this decree is subject to variation in changed circumstances due to subsequent event.34. we, therefore, dismiss the appeal and allow the cross-objection ..... in higher forum, no further amount of alimony should be granted for the self-same period.17. secondly, he contends that in a suit claiming monthly alimony under the act, the decree passed therein, as a rule, should be effective not from the date of institution of the suit but from the date of decree.18. mr. chakrabarti .....

B.L.B. Limited Vs. the Calcutta Stock Exchange Association Ltd.

Court : Kolkata

Reported in : (2008)4CALLT504(HC)

..... thereof is quite maintainable, if the application is accompanied by a xerox of the agreement containing the arbitration clause, mr. sen, counsel for the defendant, has relied on itc classic finance ltd. v. grapco mining and co. ltd. and anr. : air1997cal397 , and bharat sewa sansthan v. u.p. electronics corporation ltd. (2007) 7 scc 737. his submission ..... certified copy thereof is being filed along with the application. therefore, there was a clear non-compliance with sub-section (2) of section 8 of the 1996 act which is a mandatory provision and the dispute could not have been referred to arbitration. learned counsel for the respondent has submitted that a copy of the partnership deed ..... was on the record of the case. however, in order to satisfy the requirement of sub-section (2) of section 8 of the act, defendant 3 should have filed the original arbitration agreement or a duly certified copy thereof along with the petition filed by him on 28.2.2005, which he .....

Tapan Kumar Mukherjee @ Tapan Mukherjee and ors. Vs. Nirmal Kanti Guha ...

Court : Kolkata

..... the suit property and was forcibly trying to oust the appellants from the suit property.h) the cause of action of the suit arose first on 22nd june, 1968 when the predecessor-in-interest of the appellant took possession of the suit flat, thereafter on 22nd january, 2002 when the respondent no. 1 threatened the appellant ..... cannot assert adverse possession against his inductor merely on the basis of his continuous possession which commenced through the induction as a licensee. he must prove overt act or claim of specific hostile title against the lawful owners. in the case before us, it has already been established in the proceedings before the presidency small ..... stay in the suit property.d) the appellants having already suffered an order of eviction in the said proceedings under section 41 of the presidency small causes court act, the suit filed by the appellants was not maintainable. the appellants cannot claim hostile title or adverse possession against their own inductor.4. at the time .....

Anupam Talukdar Vs. Smt. Piyali Talukdar

Court : Kolkata

Reported in : 2009CriLJ1846

..... final disposal of the application. in taking this view we have also taken note of the provisions of section 7(2)(a) of the family court act, 1984 (act no. 66 of 1984) passed recently by parliament proposing to transfer the jurisdiction exercisable by magistrates under section 125 of the code to the family court ..... consideration of proof which is understood in terms of the law applicable, either by oral or documentary evidence as provided under different sections in the indian evidence act, 1872.34. refuting the argument advanced by learned advocate for the petitioner, learned advocate for the opposite party has referred to the following decisions:1. jnan ..... party herein left her matrimonial home on 1st november, 2001 along with her child. petitioner herein initiated a proceeding under the provisions of hindu minority and guardianship act, 1956 for the custody of the child. in the said proceeding, parties entered into an amicable settlement and subsequently the matter was decided by the learned .....