Judgment Search Results Home > Cases Phrase: finance act 1994 chapter 8 miscellaneous Court: kolkata Page 95 of about 2,291 results (0.267 seconds)

Premsukhdas Sitaram Vs. the State and anr.

Court : Kolkata

Reported in : AIR1964Cal391,1964CriLJ285,68CWN516

..... in the present case there is no such letter of request. it may be mentioned that in the civil rules and orders, chapters 5 provides the manner in which a court has to act in calling for documents from another court and there is a form prescribed for requisition for records in the civil rules and orders ..... that an adjudication proceeding had already been started and notice thereof had been received by the party, the learned chief presidency magistrate allowed the enforcement directorate of finance department to have custody of 32 items of documents on 17th september 1962. on 6th november 1982 the learned magistrate gave custody of 14 other documents to ..... retain, to the parties from whom they had been seized and that was allowed by the learned chief presidency magistrate. in march 1962, enforcement officer, ministry of finance, government of india upon their prayer were allowed to inspect the documents which remained in custody of customs department. by 17th july 1962 as many as 88 items .....

Union of India (Uoi) Vs. Lal Chand and Sons and anr.

Court : Kolkata

Reported in : AIR1967Cal310

..... two printers on the basis of materials supplied by the government of india was no sale within the definition of sale in section 2, clause (g) of the bengal finance (sales-tax) act, 6 of 1941,and, therefore, not subject to the levy of sales-tax under section 4 thereof. 5. result : the printers were called upon to refund ..... is a mistake of law. still section 72 cannot be attracted. it cannot be, because it occurs in chapter 5 the heading of which bears ; 'of certain relations resembling those created by contract. so section 72 appearing just there (chapter 5) does not deal with contracts. but the very foundation of the two litigations is contract. say if ..... you will, the mistake of law (sales tax act) led to the formation of the contract. so what? section 41 is there, and the contract .....

Anchal Bhusan Bose and ors. Vs. the State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1976Cal436,80CWN643

..... be construed as referring to the date on which that provision comes into force.34. there is no dispute that section 4(3) of the 1955 act was omitted with effect, from 12th february, 1971. and chapter ii-b came into operation three days later, that is, on the 15th february, 1971. for three days, therefore, namely, the 12th, 13th ..... on the basis of family members of an individual cannot be supported in a democratic state.31-a. if we go through the provisions of chapter ii-b of the west bengal land reforms (amendment) act, 1972, we find that the ceiling has, in fact, been fixed with reference to the individual. the ceiling areas have been made proportionate ..... . 14. section 14-v provides for principles and manner of determination of compensation for the vesting of land in accordance with the provisions of chapter iii of the west bengal estates acquisition act, 1953. 15. section 14-w provides for damages for use and occupation of land in excess of the ceiling area. 16. section 14-x bars the .....

Baptist Church Trust Association and anr. Vs. Member, Company Law Boar ...

Court : Kolkata

Reported in : [1986]60CompCas381(Cal)

..... effect to till it is approved by the special officer. it is made clear that the supervision expected from the special officer will be in respect of finance, properties and assets of the trust association and the special officer will ensure that the same are protected during the interim period. 62. the initial ..... consequential directions in relation to the meeting as considered expedient. the company law board is further empowered to override the operation of the provisions of the act and the articles of the association of the corporate body if necessary. the decision to allow undisputed nominees to attendthe meeting has obviously been given so ..... alia, that the baptist church trust association, petitioner no. 1, in this application (hereinafter referred to as 'the trust association ') was incorporated under the indian companies act, 1913, as a non-trading company on may 27, 1932.2. the relevant clauses of its memorandum and articles of association are as follows :memorandum of association .....

Shri Chanchal Kumar Das and ors. Vs. the State of West Bengal and anr.

Court : Kolkata

..... case prima facie disclose commission of a criminal offence. in this connection reliance may be placed in the case of ashok chaturbedi v. reported in 1998 scc (cri) 1704, alpic finance v. reported in 2001 scc (cri) 565, m. krishnan v. vijay singh and anr. (supra), medchi chemicals and pharma private ltd. v. biological (e) ltd. and ors. (supra).10. ..... performance of agreement of sale by the transferor, when such sale is accompanied by delivery of possession of land, is available under section 53(a) of the transfer of property act.(iii) there is no allegation that payment has been received by any one of the accused persons.(iv) there has been a long delay of nine years in filing the ..... sum of rs. 3,60,000/- to late binapani das.(e) following the payment of the aforesaid amount of money on november 17, 1994 itself the late binapani das further executed a registered irrevocable power of attorney at her residence in presence of sub-registrar, kalyani came there.(f) out of total consideration .....

imperial Tobacco Co. of India Ltd. Vs. Registrar of Trade Marks and an ...

Court : Kolkata

Reported in : AIR1968Cal582,73CWN169

..... the outset the definition of trade mark is contained in section 2(v)(i) and (ii) of the trade and merchandise marks act 1958. that definition points out that for the purposes of chapter x of the statute relating to the offences and penalties and procedure except for penalty for falsely representing the trade mark as registered, ..... as stated in section 81 of the act, means a trade mark used in relation to the goods for the purpose of indicating or ..... the character or quality of the goods and not being a geographical name'. having imposed the total taboo, relaxation by subsequent statutes started coming in. the trade marks act, 1905 in england introduced by section 9(4) the significant words 'and not being according to its ordinary signification a geographical name' therefore it has got to .....

Barbara Taylor Bradford Vs. Sahara Media Entertainment Ltd.

Court : Kolkata

Reported in : 2004(1)CHN448,2004(28)PTC474(Cal),[2003]47SCL445(Cal)

..... and the reasons given by their lordships in the said division bench order were unsustainable, we would have had no jurisdiction once again to enter into that closed chapter in this judgment. but the supreme court did not say so. it expressly kept the points in the appeal before it open. the only point before it ..... sabir, who is described by all concerned as 'the creative director and producer'. it is, however, to be mentioned that there is no evidence of sabir having financed the project to any extent though that is the usual role ordinarily played by producers. his wife sheeba is associated with the producer to whom sahara has assigned responsibilities. ..... accede to mr. ray's submission and say that the definitions given by the indian parliament notwithstanding, we shall assume that they have in fact copied the english act only. we unhesitatingly reject this submission.124. in passing, we mention, that courts might have to interpret on a purposive approach, if the words and definitions .....

The Imperial Tobacco Co. of India Ltd. Vs. the Registrar of Trade Mark ...

Court : Kolkata

Reported in : AIR1977Cal413,81CWN885

..... of registration subject to such minor exceptions in regard to other aspects as noticed in judicial decisions referred hereinafter, in corpus juris vol. 63 (1933 edn.), in chapter of trade marks etc. art. 53 (pp. 356-7) it is stated:'geographical terms and words in common use to designate a locality, a country, or ..... the mark has acquired distinctiveness. this is the position in law in england and is also the statutory position in law under the trade and merchandise marks act of 1958. the affidavit evidence by dealers adduced by the appellant in support of the proof of acquisition of distinctiveness was considered insufficient to establish distinctiveness in ..... was held, a geographical word is not an absolute disqualification for the purpose of registration in part a of the register, as section 9(2) of the act provides that a geographical name 'shall not be registrable in part a of the register except upon evidence ofits distinctiveness'. a geographical name in its ordinary signification .....

Sailesh Jaiswal Vs. the State of West Bengal and ors.

Court : Kolkata

Reported in : 1998(2)ALD(Cri)924,(1998)2CALLT423(HC),1998(2)CHN81

..... on important points.' we agree with the same and we hold that the words 'subject to the provisions herein contained as to ball' clearly make the provision of chapter xxxiii of act 2 of 1974 applicable to such cases and bring the position on a par with that enjoined under section 81 of the said code. the other relevant provision in ..... the code has elaborately provided all classes of criminal courts besides high court and the courts constituted under any law and territorial divisions. even coursory glance to such provision in chapter ii of the code makes it abundantly clear that a judicial magistrate's jurisdiction extends to the local area of a police station or more than one police stations so ..... bench decisions of karnataka high court in dr. l.r. naidu v. state of karnataka, 1984 cr.lj 757, rajasthan high court in jodh ram v. state of rajasthan 1994 cr.lj 1962, kerala high court in c.t. mathew v. gout. of india 1985 cr.lj 1316. the devlslon bench decisions of the bombay high court in n.k .....

Central Coalfields Ltd. Vs. Ratanlal Transport

Court : Kolkata

Reported in : (1998)2CALLT453(HC)

..... the agreement or any part of it, and where a difference has arisen to which the agreement applies, they or any of them, instead of proceeding under chapter ii, may apply to a court having jurisdiction in the matter to which the agreement relates, that the agreement be filed in court.'5. the language ..... of reference arises outside the jurisdiction of this court'15. in the decision in aligarh muslim university & ore. v. vlnay engineering enterprises (p) ltd. : : (1994)4scc710 , although no reasoning on section 2(c) appears, the supreme court held that where the entire cause of action had been taken place outside the jurisdiction of the ..... : air1983cal57 followed the reasoning of madras high court in venkatastuniappa's case, in the calcutta case an application had been filed under section 20 of the arbitration act before the city civil court at calcutta. the question arose whether the city civil court had the pecuniary jurisdiction to entertain the application under section 20. the city .....