Court : Kolkata
Reported in : (2003)3CALLT148(HC)
..... objection raised on behalf of the defendant no. 6 has no substance at all.19. he also relied upon a decision reported in : air1997cal397 (itc classics finance ltd. v. gropco mining & co. ltd.) where the court in almost identical circumstances observed the xerox copy of the arbitration agreement containing the arbitration clause constituted ..... said decision cannot help the plaintiff.35. in 'the oriental fire and general insurance co. ltd. v. sm. usharani kar and ors.' reported in air 1978 al 206, the said decision deals with the prayer for stay of the suit which was refused on the ground that the defendant had repudiated the contract. ..... 'sufficient compliance with section 8(2) of the act'.20. he further contended that even if there is any dispute regarding the factum or existence of the arbitration agreement, then such a dispute is also referable .....
Tag this Judgment!Court : Kolkata
Reported in : (2003)2CALLT625(HC)
..... successor, charles eyre. roy, late in 1926, wrote about one of the founders of his family, 'lakshmikanta majumdar', a book which he subtitled, 'a chapter in the social history of bengal', about how this officer of the mughal empire had developed the region around the three villages and about the existence of flourishing ..... others, attention may be drawn to an article by sukhamaya mukhopadhyay, 'ingraj purva juger kalikata' (kalikata before the coming of the english) in aitihasik (6th july, 1978). he asserts that kalikata, before the english, was not a petty village but an important place in its own right. it was not inhabited by low-caste people ..... of historical method. determination of truth in history is a question of different interpretations of either the same evidence or different sets of evidence. historians do not act as judges, arbitrating one specific version. we have examined the problems in calling job charnock, 'the founder of kalikata'. there are similar problems in calling .....
Tag this Judgment!Court : Kolkata
Reported in : (2003)183CTR(Cal)212,[2003]263ITR498(Cal)
..... agreed to be sold. this conclusion is strengthened by instruction no. 1a88 issued by the cbdt of the government of india, ministry of finance, department of revenue.....' this document emphasised that the main object of chapter. xx-c was to check proliferation of black money in real estate transactions and to enforce declaration of the true value of immovable ..... no. 14 by renovation and additions by paying extra rent to the owner where the tenants are running a hotel.(ii) the tenants under an agreement dt. 12th feb., 1978, increased the rent of property at 14/1 from rs. 1,100 p.m. to rs. 3,100 p.m. and got permission from the owner for construction ..... that the court cannot sit on appeal with regard to the valuation given in the valuation report while deciding such a question. the learned single judge had, however, virtually acted as the court of appeal. therefore, the order should be set aside.3. mr. bajoria, learned senior counsel for the assessee-respondent, on the other hand, has .....
Tag this Judgment!Court : Kolkata
Reported in : [2003]130TAXMAN524(Cal)
..... conclusion is strengthened by instruction no. 1a88 issued by the central board of direct taxes of the government of india, ministry of finance, department of revenue. . ..' this document emphasized that the main object of chapter xx-c was to check proliferation of black money in real estate transactions and to enforce declaration of the true value of immovable ..... 14 by renovation and additions by paying extra rent to the owner where the tenants are running a hotel.(ii) the tenants under an agreement dated 12-2-1978 increased the rent of property at 14/1 from rs. 1100 per month to rs. 3100 per month and got permission from the owner for construction and development ..... the court cannot sit on appeal with regard to the valuation given in the valuation report while deciding such a question. the learned single judge had, however, virtually acted as the court of appeal. therefore, the order should be set aside.3. mr. bajoria, learned senior counsel for the assessee-respondent, on the other hand, .....
Tag this Judgment!Court : Kolkata
Reported in : (2003)2CALLT556(HC)
..... us, the report does not correctly produce the situation. the report was said to have proceeded on the method of valuation guided by the parks' valuation, in the chapter for valuation of land and building detail has been provided for, providing the rate of labour and materials in respect of structures, giving the basis of the unit and ..... valuation has to be made having regard to the various methods and manners as has been prescribed in law. he referred to parks on valuation, 1998 edition, page 334 chapter xiii relating to building and estate in support of his contention. he referred to the decision in state of haryana v. ram singh, : [2001]3scr1178 and shaji kuriakose ..... this question is open to be determined by the court. solatium included after west bengal act 69 of 1978 7. section 7 of 1948 act makes it clear that the compensation is to be determined in the manner provided under section 23(1) of the 1894 act. the market value is to be calculated on the same principle as provided in section .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2003Cal1
..... defendant no. 1, who was then alive within fourteen days from the date of filing thereof (see rule 89 of chapter xxvi of original side rules). in view of non-challenge of the said report and by efflux of time this report automatically stands ..... confirmed (see rule 90 of chapter xxvi of original side rules). it is not a case of without jurisdiction of the registrar but it may be case ..... in the division bench judgment factually the decretal amount far exceeded twice of the original principal amount of loan. 28. the aforesaid act in my view is beneficial legislation and to provide safeguard measure against tremendously financial hardship of the loanee in certain cases, but this ..... parties in the cause title of the petition, pursuant to the orders dated 3rd may 1978 and 14th january 1980.33. all parties concerned are to act on a signed copy of the operative portion of this judgment and order on the usual undertaking. .....
Tag this Judgment!Court : Kolkata
Reported in : 2003CriLJ3830
..... of the juvenile delinquent our legislature has in its wisdom expressly provided certain safeguards which are contained in chapter-iv of that act (sections 18 to 25). it is the contention of mr. basu that the juvenile justice act is a special law within the meaning of section 4(2) of the code of criminal procedure ..... the provisions are essentially punitive towards the accused persons while the latter in its content, character, tenor and ideological set-up is out and out reformative. the act, according to mr. basu represents a wholesome legislation which seeks to achieve certain social objects as enumerated under article 39 of the constitution, for example, to ..... delinquent and of substituting the whole set of traditional, punitive norms by suitable reformatory measures short of imprisonment which are laid down under section 21 of the act. section 21 runs as follows :--(1) where a juvenile court is satisfied on inquiry that a juvenile has committed an offence, then, notwithstanding anything to .....
Tag this Judgment!Court : Kolkata
Reported in : (2003)2CALLT523(HC),2003(162)ELT1170(Cal)
..... was issued by the collector of customs and central excise who were gold control officers, but because of certain amendments in the central excise and salt act, 1944 in the finance act 2 of 1995 the designation of the collector of central excise and customs have been re-designation as the commissioner. therefore, the contention of the learned ..... continues after 1st january, 1991 because, in the absence of a contrary intention in the repealing environmental protection act, 1978, section 16(1) of the interpretation act, 1978 preserves not only the effectiveness of a notice served under the 1974 act but also the ability to enforce the obligation created by the notice. failure to comply with a requirement in ..... not manifest an intention contrary to, and inconsistent with, the saving of the repealed provisions of section 5 (6a) and chapter iii-b of 1955 act so far as pending cases are concerned and that the rights accrued and liabilities incurred under the old law are not affected. the right of .....
Tag this Judgment!Court : Kolkata
Reported in : (2002)3CALLT195(HC),2002(3)CHN257
..... sub-section shall be appealable in accordance with the provisions of sub-section (5) of section 51a.' rule 22: 'procedure for revising or preparing record-of-rights under chapter vii.-- when an order has been made under section 51 directing that a record-of-rights be revised or prepared in respect of a district or part of a district ..... state government in this behalf may, on an application or on his own motion, at any stage of revision or preparation of the record-of-rights under this chapter but before final publication of any such record-of-rights, revise or correct any entry in such record-of-rights after giving the persons interested an opportunity of being ..... (west bengal act xxiii of 1973) shall be recorded in the record-of-rights by the revenue officer subordinate to him. provided further that anything done or any action taken under clause 1 as amended by notifications nos. 3290-l. ref., dated the 9th september, 1978, 1960-l. ref., dated 26th may, 1979 have been validly done or taken .....
Tag this Judgment!Court : Kolkata
Reported in : (2003)IIILLJ716Cal
..... that notwithstanding the fact that the main factory at asanol was not covered by the act of 1948, but the employees under chapter iv, who were working at calcutta, would be treated to be employees under the inclusive definition of 'employee' in section 2(9) of the ..... factory was at asansol, the employees in head office would be the 'employees' within the meaning of section 2(9) of the act. the reason given by the special bench of this court was that chapter v-a came into operation in the whole of india except jammu & kashmir on november 24, 1951. therefore, their lordships observed ..... relying on the decision of the apex court in the case of hyderabad asbestos cement products ltd. v. employees' insurance court and another reported in : (1978)illj181sc , held that they were covered by the act of 1948, and, therefore, the learned single judge dismissed the writ petition.3. mr. moitra, the learned counsel, for the e.s.i, .....
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