Court : Kolkata
..... limited. the said project is entirely mortgaged in favour of reliance capital limited now known as reliance commercial finance limited and reliance home finance limited. this project is a subject matter of the c.s.no.113 of 2017 filed by one ..... contentions it is necessary to understand relative scope of attachment, injunction and receiver. the code of civil procedure has three different chapters dealing with attachment, injunction and receiver namely, order 38, order 39 and order 40. order 38 has two parts. order ..... bench of this court in case of boeing company versus r.m.investment & trading co.pvt.ltd.reported at (1994) 99 cwn1 1994 (2) cal l.t.300 in paragraphs 13 and 14 of the said report which read: 13. attachment the ..... prasad, (2001) 5 scc568. however, injunction. there is a distinction between the attachment and according to dictionary meaning, attachment means act of attaching , state of being attached . in law, it is seizure of property or person by legal authority, especially seizure .....
Tag this Judgment!Court : Kolkata
..... . qualifying service has been defined in regulation 14 while forfeiture of service has been provided for in regulation 22 under chapter iv of the regulations titled qualifying service . regulations 14 and 22 are quoted below : 14. qualifying service subject to ..... reinstated employees at the instance of order of court for the purpose of computing qualifying service for pension, the ministry of finance, govt. of india, department of economic affairs, banking division, (vide their communication dated 19.02.2002) had clarified to ..... the period of five years from march 21, 1988. the increments which were due to the petitioner annually from 1994 onwards, after expiry of the period of five years during which the appellate order was operative, ought to have been ..... of india and reserve bank of india under section 19(1) of the banking companies (acquisition and transfer of undertakings) act, 1970. necessary notification has also been issued in govt. of india gazette on 29.9.95. the present regulations .....
Tag this Judgment!Court : Kolkata
..... between 1990 and 1993 but not much headway could be made. dr. purnendu chatterjee is a nonresident indian. in june, 1994 he entered the field. he claimed to be an industrialist and financer. on 3rd may, 1994 a memorandum of understanding was entered into between wbidc, the first defendant, (cp(m)c) and the tatas. the cost ..... to stay the arbitration before the international court of arbitration at paris. i come to sections 44 and 45 of the arbitration and conciliation act, 1996, (hereinafter referred to as the act .). para ii deals with enforcement of foreign awards. chapter i under it relates to new york o convention awards. sections 44 and 45 of the ..... act are of paramount importance. they are set out below: 44. definition. in this chapter, unless the context otherwise requires, foreign award . means an arbitral award on difference between person arising out of legal relationships, whether contractual or not, .....
Tag this Judgment!Court : Kolkata
..... . & ors. vs. state of bihar & ors. reported in (1983) 4 scc 45 court held that for judging the validity of section 5(3) of the bihar finance act, 1981 (which levied a surcharge to be paid by a dealer) the court has to determine whether in pith and substance the law is relatable to entry 54 list ii ..... pointed out that supreme court also considered the observations of lord denning in seaford estates and in the case of directorate of enforcement vs. deepak mahajan reported in (1994) 3 scc 440. learned advocate general further stated that the observation of lord denning were disapproved in appeal by the house of lords in magor and st. mellons ..... amount is not illusory. thereby they are not void. we further hold that after the constitution forty-fourth amendment act has come into force, the right to property in articles 19(1)(f) and 31 had its obliteration from chapter iii, fundamental rights. its abridgement and curtailment does not retrieve its lost position, nor gets restituted with renewed .....
Tag this Judgment!Court : Kolkata
..... and ors. vs. state of bihar and ors. reported in (1983) 4 scc 45 court held that for judging the validity of section 5(3) of the bihar finance act, 1981 (which levied a surcharge to be paid by a dealer) the court has to determine whether in pith and substance the law is relatable to entry 54 list ..... pointed out that supreme court also considered the observations of lord denning in seaford estates and in the case of directorate of enforcement vs. deepak mahajan reported in (1994) 3 scc 440. learned advocate general further stated that the observation of lord denning were disapproved in appeal by the house of lords in magor and st. mellons ..... amount is not illusory. thereby they are not void. we further hold that after the constitution forty-fourth amendment act has come into force, the right to property in articles 19(1)(f) and 31 had its obliteration from chapter iii, fundamental rights. its abridgement and curtailment does not retrieve its lost position, nor gets restituted with renewed .....
Tag this Judgment!Court : Kolkata
..... assets is to be included as part of book profit for the computation of tax under section 115j of the act. it was further argued before the appellate 6 authority that section 115j was first inserted in the act by the finance act, 1987 with effect from april1, 1988 with the intention of taxing the companies which disclosed book profits but no ..... by those reserves or provisions (out of which the said amount was withdraw) under this explanation; or(ii) the amount of income to which any of the provisions of chapter iii applies, if any such amount is credited to the profit and loss account; or(iii) the amounts as arrived at after increasing the net profit by the amounts ..... the assessee preferred an appeal before the tribunal below being i.t.a. no.2189 of 1995. i) in the meantime, in march 1994, the assessing officer sent a notice under section 148 of the act to the assessee asking it to explain why depreciation provisions made prior to 1st april, 1988 on fixed assets sold have been excluded from .....
Tag this Judgment!Court : Kolkata
..... in dealing with problems related to securities market and have qualification and experience in corporate law, securities laws, finance, economics or accountancy. thus the presiding officer and the other members of the tribunal make a formidable combination ..... launch a collective investment scheme without obtaining a certificate of registration under the said regulations. also in terms of chapter ix of the said regulations, no existing collective investment scheme shall launch any new scheme or raise money from ..... petroleum corporation ltd. v. h.l. trehan & ors., (1989)1 scc 765 to 770; morgan stanley mutual fund v. kartick das, (1994) 4 scc 225; whirlpool corporation v. registrar of trade marks, mumbai & ors., (1998) 8 scc 1; the state of maharashtra & anr ..... deposits from the public. in this regard, please note that in terms of section 12(1b) of the sebi act, 1992 and the provisions of sebi (collective investment schemes) regulations, 1999 (said regulations), no entity can carry on .....
Tag this Judgment!Court : Kolkata Appellate
..... and conditions as may be prescribed;(c) where a registered dealer was enjoying benefit of remission of tax under section 41 of the west bengal sales tax act, 1994 (west ben. act xlix of 1994), for a specified period or a specified amount determined with respect to gross value of the fixed capital assets, and who would have continued to be ..... in form no. 77 to such dealer.(2) the certificate of eligibility granted under sub-rule (1) shall, subject to the provisions of the rules in this chapter, be valid for a period not exceeding twelve months from the appointed day.(3) when the senior joint commissioner or the joint commissioner or the deputy commissioner is satisfied ..... its first production of goods in a newly set up factory at salt lake on 1st july, 1993 and obtained eligibility certificate under section 10f of the bengal finance (sales tax) act, 1941 for deferment of tax for a period of seven years. the respondent no. 1/company subsequently expanded the factory by setting up a new unit .....
Tag this Judgment!Court : Kolkata
..... that is entitled, writ, summons, process. rule 2a of the chapter provides that printed forms of the writ of summons may be obtained from the registrar by any intending plaintiff or any advocate acting on the original side at a nominal charge; that the plaintiff or his advocate acting on the original side, shall, at the time of presentation of ..... of writ of summons was filed and that too without any plausible explanation for such delay.... (page 12)9. the defendant refers to a single bench judgment reported at 1994 (2) chn 161 (state bank of india v. tarit appliances (p) ltd.). two of the defendants in such suit applied for dismissal thereof on the ground that ..... of amendment, a valuable right would accrue to the defendant. since the master cannot take up contested applications, except with consent, as is specified in rule 12 of chapter vi, and since laxmi trading says that the valuable right that accrues to a defendant for default in the matter of issuance of writ of summons by the plaintiff .....
Tag this Judgment!Court : Kolkata
..... large 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, should be ..... is 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 or ..... is obvious and the desire to maintain a list of willful defaulters as defined is per se justified. one scheme or other in this regard has existed from 1994. the master circular has been issued to remove loopholes and rectify defects and problems noticed in the past. it is a policy decision, which has been taken .....
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