Court : Kolkata
Decided on : Jan-18-2008
Reported in : 2008(2)CHN546
..... station of singur in the district of hooghly started acquisition proceedings and several notifications were issued by the state government under section 4 of the said act. one such copy of the said notification is reproduced hereunder:government of west bengaloffice of the land acquisition collector & district magistrate &collector;, hooghlynotification ..... v. lotus hotels put ltd. : air1983sc848 , in which a statutory corporation arbitrarily refused to grant the sanction of loans to entrepreneurs who had already acted on the basis of the sanction, and had incurred expenditure and liabilities. the argument that the transaction was purely a contractual arrangement between the parties ..... differential treatment meted out to government recognised private law colleges alone. there should be nexus between the basis of classification and the object of the act under consideration. on the above crucial aspects, on an evaluation of government's affidavits, they are found to be wanting, replete as they .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-18-2008
Reported in : (2008)1CALLT251(HC)
..... to the registrar if the parties thereto are among the following, namely:(a) ...(b) ...(c) ...(d) any other co-operative society or any person including a financing bank having transaction with the concerned co-operative society or the liquidator of such society:provided that nothing in this sub-section shall apply to any dispute-(a) ...(b ..... the cause of action.19. from the aforesaid provisions it transpires that section 86(1)(d) of the said act clearly provides that when the dispute is between co-operative society and any person including a financing bank the same may be settled under the said provisions. in the present case, the question is relating to ..... performance of contract is well within the scope of affairs or business or transaction of the housing co-operative society within the provisions of section 86 of the act of 1973 and learned tribunal ought to have held the dispute case maintainable.17. mr. milan chandra bhattacharya, the learned advocate appearing for the respondent while .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-16-2008
Reported in : 2008(2)CHN768
..... and anr. reported in 2007 cr. lj 4437, (v) veer prakash sharma v. anil kumar agarwal and anr. reported in 2007 cr. lj 3755, (vi) monalisa multiplast ltd. v. tvs finance and services ltd. reported in 2007 cr. lj (noc) 545 (mad.), (vii) central bureau of investigation v. ravi shankar srivastava, ias and anr. reported in 2006 cr. lj 4050, (viii .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-15-2008
Reported in : 2008BusLR303(NULL)
..... (supra), the hon'ble patna high court held at page 257 of the reports as follows:i accordingly find and hold that section 13(1)(b) of the bihar finance act, 1981 cannot be constructed so as to put a geographical limitation on the situs of manufacture or sale of manufactured goods within the state of bihar and it is sufficient ..... are inclined to place on section 5(2)(a)(ii) and the second proviso. section 5(2)(a)(ii) was amended with effect from 28th may, 1972, by the finance act, 1972, and the words in the union territory of delhi were added after the word manufacture so as to provide that manufacture should be inside the territory of delhi. it ..... herein:81. declaration and evidence for deduction of sale of tea at auction immediately preceding export (1) where a dealer makes a sale to a registered dealer of tea act auction held in kolkata under the auspices of the calcutta tea traders association or at siliguri under the auspices of the siliguri tea actuion committee or on internet under the .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-11-2008
Reported in : 2008(1)CHN951
..... . it was for alleged violation of the provisions of rule 3(i) of all india services (conduct) rules, 1968 read with rule 15(i) of all india services (conduct) rules, 1968. 2. the petitioner by filing an application under section 19 of the administrative tribunal act, 1985 before the central administrative tribunal (hereinafter referred to as 'the tribunal'), being o.a. no. 934 .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-10-2008
Reported in : (2008)1CALLT336(HC),2008(2)CHN72
..... admns., with central assistance. 13. para 6.2.5 in chapter 6 speaks about creation of posts by the state education department upon receiving sanction from the finance department of the state government. referring to relevant paragraphs in the guidelines, it is submitted by mr. kar that in conformity with these guidelines, posts were ..... is under the central government scheme, it is submitted that the scheme itself has bestowed the entire responsibility of execution of the scheme on the state government. acting on such guidelines as prescribed under the scheme, the state government issued the g.o. no. 692-ac (pry) dated 27th july, 2004 thereby converting ..... recruit, select and recommend candidates also for posts such as the one for which it published the advertisement.3. the learned judge held that the respondent authorities acted in violation of the guidelines, which were to govern the recruitment, selection and appointment in the post of principal, diet. writ application was allowed with .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta
Decided on : Jan-03-2008
Reported in : (2008)10STR603
..... eight thousand eight hundred and sixty) leviable on management consultancy service. he has also directed iim calcutta to pay interest at the rate prescribed under section 75 of the finance act, 1994. as regards penalty, it is the finding of the commissioner that iim calcutta did not have any bona fide belief for not paying the service tax and for ..... a penalty of rs. 34,40,373.00 (rupees thirty-four lakhs forty thousand three hundred and seventy-three) equal to the tax amount under section 78 of the finance act, 1994 for suppression of the value of taxable service and evading payment of service tax.6. after considering the arguments from both sides and perusal of case records, ..... has suppressed material facts under the provisions of service tax law with intent to evade payment of tax. in any case, the penalty under section 76 of the finance act, 1994 is mandatory in every case of delay in payment of service tax and is not dependent on intention to evade tax.8. keeping in view our finding .....
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