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Judgment Search Results Home > Cases Phrase: finance act 1978 chapter i preliminary Sorted by: recent Court: kolkata Page 2 of about 338 results (0.103 seconds)

Sep 19 2011 (HC)

Union of India Vs. Supriya Kumar Saha

Court : Kolkata

..... to the appointing authority before filing of the application under section 11(6) of the act. mr. basu cited three judgments in support of his contention. first one is reported in 2000 vol. 8 scc 151 (datar switchgear ltd. vs. tata finance ltd. and; anr.), second one reported in 2006 vol. 2 scc 638 (punj ..... judgments:-1. ministry of railways vs. patel engineering reported in 2008 vol. 10 scc 240. 2. state of karnataka vs. ranganatha reddy reported in air 1978 supreme court 215. 13 mr. basu, further submitted while appointing the arbitrator the hon'ble chief justice is under a statutory obligation to have due regard to ..... appointed as arbitrator(s) brings out considerable resistance from the party, when disputes arises. having regard to the emphasis on independence and impartiality in the new act, government, statutory authorities and government companies should think of phasing out arbitration clauses providing for serving officers and encourage professionalism in arbitration. in my view, it .....

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Jun 30 2011 (HC)

Saraswati Mondal (Sarkar) and ors. Vs. State of West Bengal and ors.

Court : Kolkata

..... held : 258. furthermore, in view of the admitted position that the state is yet to frame a scheme in terms of chapter xi of the 1973 act and as further, the scheme under 1973 act is to be given its full effect, the concerned authorities of the state, in our opinion, should consider the desirability of taking ..... education (u)-(ii) establishment of primary schools-teacher and non-teacher cost (mnp)-31- grants-in-aid/contributions. 6. this order issues with the concurrence of the finance department vide their uo no. group-b-265 dated 5.2.97 7. accountant general, west bengal and all district treasury officers are being informed. 16. subsequently ..... committees school board/council for recognition and appointment was given to persons other than organizer teachers i.e. a new set of teachers (e) schools organized before 1978, inspection held but not yet recognized (f) where trained primary teachers were not appointed by the concerned district school boards/council, though schools set up by the .....

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Dec 22 2010 (HC)

Elias Meyer Free School and Talmud Torah and anr. Vs. the Official Tru ...

Court : Kolkata

..... to such terms and conditions as may be prescribed and subject to payment of such rent as may be determined under the provisions of this act and as entered in the record-of-rights finally published under chapter v except that no rent shall be payable for land referred to in clause (h) or (i): (3) in the case of ..... tribunals order before this court. by a common judgment and order of july 11, 2003 a division bench of this court held that upon the introduction of chapter iib of the west bengal land reforms act, 1955 and, in particular, section 14z thereof, the power of the state government to invoke the provision of section 6(3) of the ..... the provision be reasonably interpreted to suggest that the intermediary would retain small islands in the lands comprised in and appertaining to the stray structures. the scheme of the act, its purpose and the limited rights under section 6 thereof have all to be assessed before arriving at any conclusion. the word appertaining implies connected with and, in .....

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Sep 21 2010 (HC)

Fixopan Management Pvt. Ltd. and ors. Vs. the New India Assurances Com ...

Court : Kolkata

..... trial than is possible by way of affidavit evidence. the defendant has raised friable issues both as to the plaintiffs title, notwithstanding section 116 of the evidence act, and the right of the plaintiff to proceed on the basis of the unregistered document of 1991 for seeking eviction of the defendant upon expiry of the tenure ..... the defendant to carry the defense to the trial. the other, and more important, ground that is raised is under section 107 of the transfer of property act. the defendant says that the document executed in 1991 with effect from 1985 is an unregistered document and cannot be looked into. the defendant says that there is ..... this application under chapter xiiia of the rules on the original side of this court, the plaintiff seeks a decree for eviction. the plaintiffs case is that one guha trust estate was the erstwhile owner of the property in question at ganesh chandra avenue which was subsequently sold to one mangal finance limited and mangal finance limited, in turn .....

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Jun 18 2010 (HC)

Coal India Limited Vs. Nicco Corporation Limited

Court : Kolkata

..... to the commissioner of payments and covers sections 17 to 27. though some of the sections have been subsequently incorporated by amendments to the 1973 act, chapter vi relates to the appointment of the commissioner of payments, his exclusive authority to deal with claims against owners of coal mines which stood vested ..... . official liquidator). in that case a petition for winding up a privately-owned company was moved and the company was directed to be wound up in august, 1978 with the official liquidator attached to the rajasthan high court appointed as liquidator of the company. such official liquidator issued, inter alia, a notice under section 446 ..... in the central government or a government company under the said act and his right to adjudicate upon such claims, decide on priorities and make disbursements. chapter vi of the 1973 act is, loosely speaking, similar to the general powers of an official liquidator presiding over the liquidation of .....

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May 18 2010 (HC)

Ashok Kumar Todi Vs. Kishwar Jahan and ors.

Court : Kolkata

Reported in : AIR2011SC1254

..... prosecutor. (xxxii) the aforesaid provision makes it very clear that the officers whose names are given hereinabove have also acted beyond the scope of regulation 4 of chapter iii of the police regulation of calcutta. (xxxiii) regulation 2 of chapter viii of the police regulation, calcutta, speaks about set-up of the detective department. regulation 2 and regulation 3 ..... for dismissal of the writ-application. in support of his contention, mr. dutta relied upon the following decisions: 1. nandini satpati v. p.l. dani reported in : air 1978 sc 1025; 2. raja narayanlal bansilal v. maneck phiroz mistry reported in : air 1961 sc 29; 3. aloke nath dutta v. state of west bengal reported in 2007(12 ..... in : air 2004 sc 1576 23. binny ltd. v. sadasivan reported in : air 2005 sc 3202; personal liberty: 24. maneka gandhi v. union of india reported in : air 1978 sc 597; 25. soubhagya v. chief secretary, state of karnataka reported in : 2001 cr.l.j. 238; right to love & marry: 26. lata singh v. state of u .....

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May 07 2010 (HC)

Gms Marine Company Limited Vs. the Owners and Parties Interested in th ...

Court : Kolkata

..... . the law on such aspect in the united states and in england is now found in their statutes: the foreign sovereign immunities act, 1976 in the united states and the state immunity act, 1978 in england. these statutes appear to apply across the board and are not restricted to ordinary civil suits.118. in harbhajan singh dhalla ..... in bombay wherein a manager of kenya airways, while he was in the previous employment of another airline, had entered into possession. the suit was filed in 1978 and kenya airways filed its written statement in 1979. when the suit was taken up for hearing in december, 1994 a contention was raised by kenya airways ..... of the document, inter alia, to manage and exploit the transportation of model ships and other ships; organise and operate multi-model transportation; lease transportation ships; and, act as 'vessel agent, loading, discharging and transporting cargo.' the legal capital of vinashin ocean is 1,500 billion vietnamese dong. vsig has relied on paragraph 5 of .....

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Jan 29 2010 (HC)

Magma Fincorp Ltd. Vs. Bunty J.C.B. Earth Movers and anr.

Court : Kolkata

..... thing which would be evident from the use of the expression 'suit' and 'petition' to be found in the bible.'petition'- esther, chapter 5'6': and the king said unto esther at the banquet of wine, what is thy petition? and it shall be granted thee: ..... words, in such cases, leave under clause 12 is imperative.20. i had occasion to consider this question in the case of lt finance limited v. ravi kumar and anr. in ap no. 274 of 2009 and ga no. 2915 of 2009 wherein i had expressed the ..... king and haman come to the banquet that i shall prepare for them, and i will do tommorow as the king hath said.chapter 7:'2': and the king said again unto esther on the second day at the banquet of wine, what is thy petition, queen ..... footing. it has been consistently held that the applications under the arbitration act cannot be equated with civil suit. see bhagwat singh v. state of rajasthan : air 1964 sc 444; nawab usmanali khan v. sagar mal air 1965 sc 1978; and firm ashok traders v. gurumukh das saluja : (2004) .....

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Sep 01 2009 (HC)

Hindusthan National Glass and Industries Limited and anr. Vs. Reserve ...

Court : Kolkata

..... extent would depend upon the dealings of the stock exchange. 32. the concept that all public sector undertakings incorporated under the indian companies act or societies registration act for being state must be financed by the central government and under the deep and pervasive control thereof has undergone a sea change. the thrust, in our opinion, ..... a partner; and (iv) in the case of an individual, any firm in which such individual is a partner; '45-u. definitions.-for the purpose of this chapter,- (a) 'derivative' means an instrument, to be settled at a future date, whose value is derived from change in interest rate, foreign exchange rate, credit rating ..... support of their contention that such a scenario would expose a borrower to a real likelihood of bias, the petitioners rely on another celebrated judgment reported at : (1978) 1 scc 405 (mohinder singh gill v. the chief election commissioner, new delhi) for the quotation therein from an english judgment to the effect that justice .....

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Aug 21 2009 (HC)

Bablu Mitra and ors. Vs. State of West Bengal and ors.

Court : Kolkata

..... informs, and its last on may 14, 2009 when the calculated rates were discussed and recommended by the committee on the same day. the concurrence of the finance department was thereafter obtained and the approved rates published. the affidavit says that at its first meeting, the committee 'resolved that the rates should be obtained ..... such case were owners of sugar mills who challenged the validity of notifications issued by the central government in exercise of its power under the essential commodities act. the petitioners contended that the prices did not reflect the actual manufacturing cost of sugar incurred by producers or secure to them reasonable returns on the ..... ; or whether the process adopted or decision made is so arbitrary and irrational that the court can say: 'the decision is such that no responsible authority acting reasonably and in accordance with relevant law could have reached'; (ii) whether public interest is affected. if the answers are in the negative, there should .....

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