Judgment Search Results Home > Cases Phrase: finance act 1994 chapter 8 miscellaneous Court: kolkata Page 91 of about 2,291 results (0.070 seconds)

Radha Krishna Bhuwalka Vs. Rakhal Bandhu Chakraborty

Court : Kolkata

Reported in : (1997)1CALLT494(HC)

..... carry on construction of flats thereon, for which an agreement had already been entered into by him. it was submitted during the hearing that the plaintiff had obtained finance from the parties concerned who had sought for allotment of the flats to be constructed on the land in question. if the plaintiff is restrained from carrying on ..... hereinafter referred to as 'code') is directed against the order dated september, 1995 passed by the learned munsif, 3rd court at alipore, in misc. case no. 24 of 1994 before him for the reasons stated therein. 2. the facts, as are relevant for the present purpose, may shortly be set out as follows: the opposite party-plaintiff (hereinafter ..... view of the said order, such as it is, it does not appear to me that he had exercised the jurisdiction not vested in him by law or had acted in the exercise of his jurisdiction illegally or with material irregularity in passing the said order, as he did. ii) as already indicated above, the defendant had filed .....

Indian Oil Corporation Ltd. Vs. S.A. Neyazi

Court : Kolkata

Reported in : 1998CriLJ2281

..... directly with the consumers and may be a wholesale dealer who distributes or sells such commodity through one or more intermediary. but then, the expressions used in chapter ii of the rules of 1977 are 'packages intended for retail sale'. the number of retail packages which were produced by the petitioner no. 3 to the ..... only requires a declaration to be made on every wholesale package as to the particulars specified in clauses.(a), (b) and (c). according to mr. ghosh, chapter iii does not contain any rule similar to rule 24 prescribing the procedure for verifying whether the quantity found in a wholesale package tallies with the net quantity declared ..... further contends that according to the complaint, there has been contravention of section 39 of the act of 1976 which is punishable under section 63 of the act of 1976. mr. ghosh draws my attention to the heading of chapter iv of the act of 1976 which contains section 39. the heading reads as 'commodities in packaged form intended to .....

Calcutta Municipal Corporation and ors. Vs. Abdul Halim Gaznavi Molla ...

Court : Kolkata

Reported in : AIR1998Cal345

..... , offences and penalties. section 573 on a plain reading cannot have any application as regard payment of recovery of tax, interest or penalty provided for in chapter xvi of the act. it is now well settled principles of law that a due of a person reliable from another does not efface nor the claim of such person stands extinguished ..... is vitiated by error of law. he places reliance on the decisions in state of gujarat v. patil raghav natha, : [1970]1scr335 . ram chand v. union of indian : (1994)1scc44 and mohd. kavi mohammad amin v. fatmabai ibrahim, : (1997)6scc71 . we find no force in the contention. it is seen that the order of ejectment against, the ..... of this appellant corporation are bad in law in view of the decisions of this court in the indian hotels co. ltd. v. the calcutta municipal corporation, reported in 1994 (2) cal lj 491 and bajoria properties pvt. ltd. v. calcutta municipal commissioner, reported in 1997 (1) cal hn 40. the learned counsel submitted that the properties .....

Mahabir Prasad Jalan and ors. Vs. Bajrang Prasad Jalan and ors.

Court : Kolkata

Reported in : [2000]102CompCas81(Cal),(1999)2CompLJ72(Cal)

..... which are no longer continuing wrongs or giving compensation to the company or the aggrieved shareholders in respect of such transactions.'57. in hanuman prosad verma v. stock and finance ltd, [1985] 58. comp cas 338 (cal), the court was concerned with absolutely a different situation. it lays down that an application under section 406 read with ..... this expression has not been defined in the'code. but from the scheme of the code, the content and marginal heading of section 190 and the caption of chapter xiv under which sections 190 to 199 occur, it is clear that a case can be said to be instituted in a court only when the court takes ..... akshay nidhi ltd. (company petition no. 447 of 1990). the applicants respondents herein filed an application on february 12, 1990, under section 397/398 of the companies act, 1956, for certain reliefs against the appellants and other respondents. upon completion of exchange of affidavits the parties addressed the learned trial judge on the merits of the said .....

Samar Roy Vs. Smt. Purnima Shaw and ors.

Court : Kolkata

Reported in : (2007)3CALLT243(HC)

..... room was required for her own use and occupation. suit was decided ex parte as bhagyadhar did not contest and a decree of eviction was passed on 26th may, 1994, which was placed for execution of the decree resulting execution case no. 489 of 2000. this execution was resisted by the present appellant, samar roy, filing an application ..... whose share in the property was declared subsequently and thereby admittedly she became, landlord as per the meaning of section 2(d) of the west bengal premises tenancy act to have the vacant possession of the property by, valid discharge of the tenancy right by vidyadhar rath, as the vidyadhar rath never parted with the possession and ..... of the property and murati shaw also became a 1/4th share holder of property which placed murati under section 2(d) of the west bengal premises tenancy act in the status of landlord,' whether vidyadhar's surrender would be considered as valid surrender of his tenancy right providing a scope of creation of new tenancy right .....

Collector of Customs and ors. Vs. Bengal Electric Lamp Works Ltd.

Court : Kolkata

Reported in : 1987(28)ELT210(Cal)

..... in the writ application was whether the said imported goods came within the purview of item 85.18/27(4) of the indian customs tariff act, 1975 as mentioned above. it was contended on behalf of the appellant in this appeal that the said imported goods were brought after cutting ..... goods imported by the petitioner which were the subject matter of the application under tariff item no 85.18/27(4) of the indian customs tariff act, 1975.2. the petitioner was engaged in manufacture of electric lamps of different size, shape and specification. in course of business, the petitioner had ..... to be belonged to the group of items mentioned in chapter 21 and heading no. 81.01.01/ 04(1) of the indian customs tariff act, 1975. thereafter, the respondents all of a sudden decided to treat the said item under chapter 80 and heading no. 85.18/(27)(4) of ..... registrar, original side of this court to the secretary, ministry of law as well as the secretary, ministry of finance (customs), new delhi, for their information. .....

Berger Paints India Limited Vs. Ashish Chattopadhyay and ors.

Court : Kolkata

..... under duress to write the said confessional statement which is against me. the police of the park street p.s. and mr. ashish dutta, sr. vice president accounts and finance of the company, the deponent, mr. sushanta banerjee, mr. koushik sarkar, mr. santanu ghosh and other management staffs of the company were also present there including my ..... the tests in an application for judgment on admission would be much the same as in an application for summary judgment under order xxxvii of the code (or under chapter xiiia of the high court original side rules).14. a recent judgment of this court reported at 2008 cwn 461 (unique international pvt. limited v. dinesh kumar ..... letters of admission and the institution of the suit were within four months of the plaintiff's discovery of the defalcation.27. section 18(2) of the limitation act provides for oral evidence to ascertain the date of an undated document of admission to assess whether there is a live claim. such an exercise is required to be .....

M. Murugeshan and ors. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : 2007(4)CHN759

..... rules for regulating the proceedings in its appellate jurisdiction; the rules are known as the appellate side rules of the high court at calcutta.7. under rule 2(3) of chapter ii of the appellate side rules, the registrar, in addition to the powers conferred by him by other rules, is to receive an appeal from the decree or order ..... to a bench for hearing under order 41 rule 1l of the code of civil procedure.10. in our considered opinion an appeal filed under section 9c of the aircraft act, 1934 should be classified as an appeal from original order (first miscellaneous appeal) and should be posted for hearing to a bench under order 41 rule 11 of the ..... said period of thirty days if the high court is satisfied that the appellant was prevented by sufficient cause from filing the appeal in time.section 9a of the said act recognises the powers of the central government to prohibit or regulate construction of buildings, planting of trees etc. if the central government is of the opinion that it is .....

Hindustan Gas and Industries Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [1979]117ITR549(Cal)

..... mortgages, debentures and loan stock, and the law relating to these securities, which is vastly different from that relating to share capital, will be dealt with in chapter 12. loan capital appears on the liabilities side of the company's balance sheet beneath share capital and reserves, but unlike share capital, it does represent indebtedness ..... that case were, inter alia, that india cements ltd., madras, a public limited company, the assessee, had obtained a loan of rs. 40 lakhs from the industrial finance corporation of india during the relevant accounting year. the loan was secured by a charge on the fixed assets of the assessee. the proceeds of the said loan were ..... their capital as creditors though they may petition for the winding up of the company as shareholders.' 12. on a consideration of the provisions of the companies act, 1956, as also similar provisions in the english company law we cannot persuade ourselves to accept the contentions of the assessee and hold that when a company .....

Gyan Bharti Vs. Regional Provident Fund Commissioner and ors.

Court : Kolkata

Reported in : [1999(82)FLR567],(1999)IILLJ776Cal

..... the dearness allowance. section 2(b) defines basic wages which excludes dearness allowance but the definition section cannot control the provisions of section 6 of the said act as the definition section provides with the clause 'unless the context otherwise requires'. in the instant case section 6 clearly provides that dearness allowance should form ..... the teaching and non-teaching staff of the school concerned.2. it is not in dispute that the petitioner is a society registered under the societies registration act and runs and manages an educational institution known as gyan bharati vidyapith and the staff of the said school receive government dearness allowance from the district inspector ..... for stay is made but refused.this order shall also govern in the other matter being appeal no. 462 of 1996, matter no. 7231 of 1994. n.r. yuer memorial education society v. regional provident fund commissioner and ors., and accordingly both the appeal and the stay applications stand dismissed without .....