Judgment Search Results Home > Cases Phrase: finance act 1994 chapter 8 miscellaneous Court: kolkata Page 98 of about 2,291 results (0.130 seconds)

Soorajmull Nagarmull Vs. Jute Corporation of India Ltd.

Court : Kolkata

..... case is based on two fold claims (a) the balance price of the goods sold and delivered and (b) the amount of interest which is the cost of finance obtained from the bank for purchasing the jute either by way of import or by way of internal procurement for supply to sn, the further case of jci is ..... and an arbitrator was appointed but the arbitrator died and could not give the award. thereafter on an application another arbitrator was appointed under section 8 of the arbitration act. before the court, the award was challenged. one of the contention was that the claim for interest which was awarded by the arbitrator invalidated the award. but the ..... with mr. ukil for the petitioner and submitsmr. bhaskar gupta, appears for the respondents and submits.the court : this is an application under section 20 of the arbitration act. the parties have no objection to a suitable order if passed in the manner specified below.there will be an order directing the filing of the arbitration agreement and let .....

Gurbir Kaur Vs. Regional Provident Fund Commissioner, Employees' Provi ...

Court : Kolkata

Reported in : (2006)1CALLT566(HC),2006(1)CHN547,[2006(109)FLR818],(2006)IIILLJ98Cal

..... the name and style of m/s. oxford security & detective agency. husband started his business long back. wife commenced her business with effect from 1st august, 1994.3. after expiry of the infancy period of the wife's business, the wife (the writ petitioner herein) by a letter being annexure 'p-4' to ..... establishment e.g. the orient security and detective agency, is absolutely based on the surmise and conjecture.16. mr. sengupta further contended that the concerned authority acted illegally by assessing the liability of the petitioner by clubbing her employees with the employees of her husband's establishment.17. mr. sengupta further contended that ..... so that the employer can verify the correctness of such computation. when the concerned authority determined the liability of the petitioner under section 7a of the said act on verification of the relevant records of the petitioner, the concerned authority cannot proceed on surmise and conjecture. non-disclosure of such particulars in the order .....

Chanda Engineers (India) Ltd. and anr. Vs. U.C.O. Bank

Court : Kolkata

Reported in : AIR2005Cal28,[2005]125CompCas708(Cal)

..... compromise and/or settlement. failure in merit cannot say failure to jurisdiction . n.p.a. management policy 2001, uco bank itself provided a clause under the chapter cash recovery and compromise settlement as fotlows :'compromise' means, the bank is agreeable to waive a part of 'principal debt' and/ or unapplied interest and ..... decree. application for condonation of delay was made. on 24th june, 1993 the recovery of debts due to banks and financial institutions act, 1993 came into force. on 30th july, 1994 the records were directed to be transferred by the concerned assistant district judge to the debts recovery tribunal (d.r.t.). an application ..... suggested setting up of special tribunals for recovery of dues of the banks and financial institutions by following a summary procedure. the preamble of the act says 'an act to provide for the establishment to tribunals for expeditious adjudication and recovery of debts due to banks and financial institutions and for matters connected therewith .....

Hongkong and Shanghai Banking Corporation Limited Vs. Buxa Dooars Tea ...

Court : Kolkata

Reported in : [2008]142CompCas595(Cal)

..... , the tenancy was terminated and c.s. no. 1 of 2005 filed for eviction of the company. a decree for eviction was passed on an application under chapter xiii-a of the original side rules upon contest and in appeal filed, a conditional order of stay was granted. during the subsistence of the appeal the order of winding ..... has been placed on a decision reported in board of trustees, port of kolkata in re [2004] 119 comp cas 637 (gauhati) and united bank of india v. official liquidator [1994] 79 comp cas 262 (sc). as long as the same is not in the interest of the creditors it is not an onerous covenant and no order ought to be ..... for execution of the decree.14. the petitioner has taken advantage of the decree as sums payable after the passing of the decree till february, 2006, has been accepted. having acted upon the decree the petitioner cannot be allowed to take recourse to another course of action, viz., disclaimer.by filing an application under section 535 the petitioner intends to nullify .....

Kal Electronic and Consultancy (P.) Ltd. Vs. Hindustan Development Cor ...

Court : Kolkata

Reported in : [2004]119CompCas337(Cal)

..... creditors of the company like industrial development bank of india (idbi), air force group insurance society, unit trust of india, naval group insurance fund, industrial finance corporation of india ltd. (ifci) and industrial credit and investment corporation of india ltd. (icici) gave their 'no objection' letter through the company law ..... judicata can be applied in between the contesting respondent in such situation. in effect, principles of estoppel and acquiescence under section 115 of the evidence act are the guiding factors in such case. therefore, without leave under order 21, rule 1 of the code of civil procedure subsequent proceeding ought ..... the companies by an overwhelming majority accorded approval of the scheme of arrangement. subsequently, a joint application was made under section 391(2) of the companies act, 1956, before this high court. advertisements were published as per direction of the court. notice was served upon the central government through the regional director .....

Tijiya Steel Pvt. Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : (2007)2CALLT358(HC)

..... orders passed by the tribunal including an order passed in the matter of pre-deposit.42. section 35f of the central excise act, 1944 provides that, where in any appeal under chapter via of the said act, the order appealed against relates to any duty demanded in respect of goods which are not under the control of the central ..... 31st march, 2000 and captively consumed for manufacture of the finished product, that is, hot roled products of non-alloy steel falling under chapter 72 of the schedule of the central excise tariff act.8. a show-cause notice dated 13th february, 2001 was issued alleging that cenvat credit would not be available to the petitioner and ..... hardship to that assessee, as held by this court in the case of bongaigaon refinery & petrochem ltd. v. collector of central excise (a), calcutta, reported in : 1994(69)elt193(cal) .26. in considering the question of waiver of pre-deposit, two factors are of paramount importance, the financial ability of the appellant and the prima facie .....

Bhilai Wires Limited Vs. Bharat Sanchar Nigam Ltd.

Court : Kolkata

..... passed the said order of reference vide order dated december 3, 1908 appearing at pages 442-444.6. the chief general manager appointed the general manager (finance), smt. s. purokayastha as arbitrator. the arbitrator upon hearing the rival contentions of the parties published a reasoned award appearing at pages 500-516 of the ..... terms thereof. in the instant case, admittedly the agreement contained an arbitration clause. the appellant raised a dispute. they demanded arbitration vide letter dated february 1, 1994, the respondents refused. hence, the appellant was entitled to move the principal civil court under section 20. they however did not do so. they approached ..... repealed by the ordinance dated january 26, 1996 which was substituted by a regular statute being the said act of 1996 that came into force with effect from august 22, 1996. the appellant demanded arbitration in 1994. the respondent refused such prayer. having no other alternative the appellant approached the writ court. the .....

Atulyadhan Banerjee Vs. Sudhangsu Bhusan Dutta

Court : Kolkata

Reported in : AIR1951Cal32,55CWN343

..... that the word 'decree' unequivocally refers to 'an adjudication in a suit only' & excludes an adjudication in a proceeding under chap. vii, presidency small cause courts act, 188224. the question has to be decided on well-known principle of construction of statutes. i propose, therefore, to state the relevant rules of construction of statutes.25 ..... interest of the tenant in such premises has been ipso facto determined under the provisions of sub-section (3) of section 12'.'14. section 5 of the amending act (lxii [62] of 1950) expressly makes the amendment retrospective & applicable to pending proceedings. the opposite party can, therefore, get relief under the sub-section if ..... recovery of possession' includes an order for recovery of possession under chapter vii, presidency small cause courts act, 1882.15. the word 'decree' is not defined in the 1950 act or the amending act (lxii [62] of 1950).16. the term is not defined in the bengal general clauses act. it is defined in the c. p. c. this .....

Sm. Nandarani Mujumdar Vs. Indian Air Lines and ors.

Court : Kolkata

Reported in : AIR1981Cal27,85CWN47

..... statutory provision contemplated an order for secured payment only by way of alimony. this provision, however, was supplemented by section 1 of the matrimonial causes act, 1866, which incorporated an additional provision authorising the court to make an order for monthly or weekly payment to the wife for her maintenance and support ..... the evolution of english law on the point since the provisions in the indian statutes were codified in the light of those in england. matrimonial causes act, 1857, in constituting a court with exclusive jurisdiction in matters matrimonial and in transferring all the jurisdiction then exercised by the ecclesiastical court in england ..... regarding secured payment and maintenance of the indian divorce act, 1869, which we have set out hereinbefore. in the said act, however, independent provision has been made in section 37 which provides as follows :--'37. (1) any court exercising jurisdiction under chapter v or chapter vi may, at the time of passing any decree .....

Srimanta Kumar Mondal and ors. Vs. the State of West Bengal and ors.

Court : Kolkata

Reported in : (1999)1CALLT63(HC),1998(2)CHN276

..... and undertaking. 4. the memo no. 33-edn (b) dated 7.3.90 stands amended to that extent. 5. this order issues with the concurrence of the finance department vide their u.o. no. gr.p no. 1193 dated 27.4.92. 6. all concerned may be informed accordingly.' 12. the aforementioned notification and memorandum ..... the power of the state to impose regulatory measure on educational institutions is now beyond any dispute. 82. in indra datta sharma v. bihar sanskrit shikcha board reported in 1994(2) pijr 88. i have held that this state in exercise of fts execution power can lay down the academic qualification. it was observed :-- 31. 'in shri ..... categories, viz. education imparted through the schools managed by the private bodies and the schools established and/ or managed under private management. the prlmar schools under 1930 act are those schools or departments of the school which had been giving instruction in primary education in such subject and upto such standard as may be prescribed, either .....