Court : Kolkata
..... controvers.between the parties. that apart the arbitrator had arrived at inconsistent conclusion even on his own finding. the supreme court further observed that misconduct under section 30 of the act does not have a connotation of moral lapse. it comprises legal misconduct which is complete if the arbitrator on the face of the award arrives at ..... therefore, the scope of interference is really rather restricted. on behalf of the petitioner company, it was never submitted that while deciding an objection under section 30 of the act, the court s power was co-extensive with that of an appellate authority or a court enjoys the liberty of re-appreciation of evidence substituting a ..... of the plant and, therefore, the umpire proceeded entirely on a wrong factual basis. referring to ext. g/81 which is a letter written by the industrial finance corporation of india (ifci) on may 19, 1987, the petitioner argued that the umpire concluded that the said letter was indicative of the sanction of the loan .....
Tag this Judgment!Court : Kolkata
..... he submits that after the registration of the document as directed by this hon ble court they are asking for original receipt which had to be granted under section 52 of the registration act, 1908. at the time of presentation of the document, on perusal of the order passed by the writ court as reproduced hereinabove, it will abundantly ..... be the cumulative outcome of the precedents cited at the bar, namely, jhareswar prasad paul v. tarak nath ganguly, v.m.manohar prasad v.n.ratnam raju, bihar finance service house construction coop. soeicty ltd.v.gautam goswami and union of india v. subedar devassy pv. admittedly, on perusal of the writ court s order it is abundantly ..... the high courts as well as this court to punish for contempt is a special and rare power available both under the constitution as well as the contempt of courts act, 1971. it is a drastic power which, if misdirected, could even curb the liberty of the individual charged with commission of contempt. the very nature of the .....
Tag this Judgment!Court : Kolkata
..... witness: -----------------------------------vendor12) all parties including the concerned office of the registrar of assurances in assam being sdo, civil, tamulpur sub division, dist: baksa (btad).shall act in terms of the signed copy of the minutes of this order. certified photocopy of this order, if applied for, be supplied to the parties subject to ..... called movable assets ).g. the vendor declared to the purchaser that the vendor has not entered into any agreement and/or arrangement and/or done any act, deed and things whereby the vendor s title in respect of the land and rights and properties appurtenant thereto in its entirety including immovable assets and movable ..... made this day of , 2015 between tongani tea company limited, (earlier known as derby tea & industries ltd.) a company within the meaning of the companies act, 2013 and having its registered office at 3rd floor, 15 b, hemanta basu sarani, kolkata 700 001, hereinafter called the vendor (which includes its successors-in .....
Tag this Judgment!Court : Kolkata
..... reason for the defendant banks not to walk away from the suit as that would give the plaintiff a free hand. (13) mr.roy finally submitted that section 34 of the drt act has no manner of application to the present suit since the subject matter of the suit is not triable by the drt. (14) i have considered ..... officer of the defendant no.2. hence, the suit is in the nature of a proceeding initiated by the plaintiff in accordance with the provisions of section 13 (4)(d) of the sarfaesi act and the same cannot be prejudicial to the interest of the defendant banks. (10) it was further submitted that the intention of the defendant no ..... s liability to the defendants bankers.contention of the defendant/applicant:(3) the plaintiff has availed financial facilities from the defendant nos.2 to 9 and has executed financing documents wherein the plaintiff has admitted his liabilities and obligations. as security for the financial assistance given by the defendant nos.2 to 9 as a consortium of banks .....
Tag this Judgment!Court : Kolkata
..... they are:(1) what is the terminus for calculating interest when a settlement proposal is admitted?. (2) does sections 234b and 234c apply for the period subsequent to an order under section 245d(1) of the act of 1961?. (3) is section 220(2) attracted in the facts of the case?. the second issue is corollary to the firs.issue. ..... had disposed of the miscellaneous application of the firs.writ petitioner by holding that the terminus for interest was the date of the final order of settlement under section 245d(4).the settlement commission thereby had declined to interfere with the order of the assessing officer. the assessing officer thereafter had recomputed interest by an order dated ..... w.p no.432 of 2012 in the high court at calcutta constitutional writ jurisdiction original side the peerless general finance & investment company limited versus income tax settlement commission, additional bench, kolkata and others for the petitioner : mr.s.bagchi, sr.advocate mr.gopal ram sharma, advocate for .....
Tag this Judgment!Court : Kolkata
..... erred in passing the order. mr.bharadwaj, learned advocate for the respondent, submits that since the appellant had preferred statutory appeal on merits under section 85 of the finance act, 1944 beyond the period of limitation, in view of the principle of law laid down in the unreported judgment delivered on 16th august, 2015 ..... before the appellate tribunal, being, the customs central excise and service tax appellate tribunal, east regional bench at kolkata. the tribunal while referring to section 85 of the finance act, 1994 and relying on the judgment of the supreme court rendered in m/s.singh enterprises versus commissioner of central excise, jamshedpur & ors.reported in ..... a demand of rs.6,86,841/-. nevertheless, being aggrieved, the writ petitioner preferred an appeal before the commissioner of central excise (appeal) under section 85 of the finance act, 1994, on 30th of june, 2013, i.e.much beyond the period of limitation, as prescribed under the statute. the petitioner however, made .....
Tag this Judgment!Court : Kolkata
..... the forfeited part payment as bad debt or revenue loss. so far as bad debt is concerned, with amendment of section 36(1)(vii) by finance act w.e.f.1.4.89, the assessee is not required to establish that debts had become bad in the previous ..... cited in 256 itr772 similar view was held by chennai tribunal reported in 74 itd46969 ttj (chennai) 410 in the case of new finance and investment pvt limited. in my view, treating the forefeited part payment as capital loss will not be justified as per law. ..... apparent from the order that the ao has treated the said amount as capital loss as the appellant, being a residuary non-banking finance company had shown the investment as asset. no further reason was given in the assessment order. i have also perused the ratio of ..... order sheet ita247of2005in the high court at calcutta special jurisdiction (income tax) original side the peerless general finance & investment co.ltd versus commissioner of income tax, kolkata - i before: the hon'ble justice soumitra pal .....
Tag this Judgment!Court : Kolkata
..... to replace the entire computer but within a network system should be allowed as an expenditure as was the intention of the legislation in the finance act, 1999 by inserting section 36(1)(xi). thus the expenditure was for replacement of a system within a larger system which is permissible in law. hence, the tribunal ..... the circumstances of the case interest paid on assets prior to their installation can be taken as their cost of installation and permitting deduction under section 43(1) of the act ?. 2. whether on the facts and in the circumstances of the case expenses incurred for replacing non-y2k compliant computer with y2k compliant ..... , advocate for the appellant. mr.abhratosh majumdar, mr.avra mazumder,advocates for the respondent. soumitra pal, j.:- the court : this appeal, under section 260a of the income-tax act, 1961preferred against the order passed by the income tax appellate tribunal for the assessment year 2000-2001, was admitted on the following substantial questions of law .....
Tag this Judgment!Court : Kolkata
..... as we find such plea is an after thought and not a genuine one as no step appears to be taken against the former advocate-on-record for such alleged act of remissness. hence we are unable to accept the contentions of the appellant that he had not been served with the writ of summons in accordance with the procedure contemplated .....
Tag this Judgment!Court : Kolkata
..... complaint lodged by the defendant with the sarkhej police station for alleged wrongful presentation of the cheque issued by the defendant. it states that proceeding under section 138 of the negotiable instruments act, 1981 has been initiated against the defendant and is pending before the ld. metropolitan magistrate of calcutta. in cours.of argument, it was stated on ..... rule 6 of the code of civil procedure. however, i have come across the judgment of a ld. single judge of this court in the case of peerless abasan finance ltd.-vs.gagan polymers (p) ltd.reported in 2002 (4) icc194wherein the ld. judge has held that a pre suit admission can be relied on by the ..... for payment but the same was dishonoured for lack of sufficient funds in the defendant s bank account. in spite of demands, and issuance of notices under section 138 of the negotiable instruments act, 1881, the defendant has failed and neglected to repay the principal sum of rs.31,00,000/- or any part thereof or any interest thereon. .....
Tag this Judgment!