Judgment Search Results Home > Cases Phrase: finance no 2 act 1965 preamble 1 finance no 2 act 1965 Court: kolkata Page 5 of about 41 results (0.110 seconds)

Rungta Engineering and Construction Co. Ltd. Vs. Income-tax Officer, C ...

Court : Kolkata

Reported in : AIR1960Cal619,65CWN61,[1962]44ITR315(Cal)

..... section (14a) of section 2 which was inserted by the adaptation of laws order 1950 and subsequently substituted by the finance act 1950 'taxable territories' means in respect of any period before august 15, 1947 the territories then referred to as british ..... madan gopal kabra, : [1954]25itr58(sc) , their lordships of the supreme court decided that the finance act of 1950 which authorised the levy of tax on income accruing in the territory of rajasthan in the year ..... before the indian independence act came into force, the escaped income attracted the quality of taxability by reason of section 3 of the indian income-tax act, and also the liability to be charged with income tax by reason of the finance acts which were passed from ..... appellant in respect of these three assessment years, including the tax in respect of the income if any which escaped assessment, became due from the appellant as and when the finance act for each of those years were passed. ..... where the supreme court decided that parliament had power to make laws authorising officers, authorities and tribunals appointed or constituted under the indian income tax act, 1922, to levy, assess and collect income-tax and super-tax payable under the mysore law prior to the commencement of the constitution of ..... 162 of air):'our constitution, as appears from the preamble, derives its authority from the people of india, and learned counsel conceded that it was open to the people to confer on the legislatures established by the .....

Gobordhone Das Deora Vs. Doolichand Sethia and ors.

Court : Kolkata

Reported in : 61Ind.Cas.210

..... arguments, urged that the local legislature had no power to create a new criminal court, or to create a court which would affect the jurisdiction given to the high court by the letters patent, that section 20 of the rent act, created a criminal offence within the meaning of the code of criminal procedure, and, therefore, that such offence should be tried under the procedure provided by the code of criminal procedure 'subject to any enactment for the ..... with the previous sanction of the governor-general and yet the effect of the rule, if valid, is to repeal or alter the code of criminal procedure and to provide that the new offence created by section 20 of the bent act, shall be dealt with in accordance with the provisions of the civil procedure code instead of in accordance with the provisions of the criminal procedure code.38. it was urged that the ..... . the preamble recites that 'the previous sanction of the governor-general has been obtained under section 79, sub-section (2) of the government of india act, 1915, to the passing of this act,' with such sanction the local legislature may alter any law made in british india by any authority other than itself ..... . the calcutta bent act, 1920, was passed as the preamble states, to restrict temporarily the increase of rents in calcutta, the period of its continuance in force being three years from the date of its commencement (5th may 1920) ..... the object of the rant act is stated in the preamble, viz. .....

Nani Gopal Mukherjee Vs. State of West Bengal

Court : Kolkata

Reported in : AIR1966Cal42,(1968)IILLJ617Cal

..... it may be noted at this place that with regard to the first charge, namely that the plaintiff was guilty of infringing rule 103 of west bengal finance rules, part i the defence of the plaintiff before the enquiring officer was that the said rule requires that all materials received should be examined, counted, measured or weighed when delivery ..... gope made a report inter alia holding as follows:(i) that there was no infringement by the plaintiff of rule 103 of the west bengal finance rules part i; (ii) that the plaintiff had been placed in' over-all charge of the said relief operations; (iii) that as the person in over-all charge of the said relief operations ..... settled that the civil court can set aside the decision of a domestic tribunal like the enquiring officer only on certain specified grounds, namely (1) that it has acted under bias or bad faith, (2) that it has violated the principles of natural justice and (3) that it has exceeded its jurisdiction. ..... can only be interfered withby the courts of law on three main principles, namely (1) that such domestic authorities have acted under 'bias or in bad faith and mala fide, (2) that such authorities have violated the principle of natural justice in the proceedings and conclusions before it and (3) that such domestic ..... in the preamble to the charge-sheet it was recited that the plaintiff was placed in overall charge of free distribution of cattle fodder during the relief operation in the flood-affected areas of cooch bihar district .....

Md. Nasim Akhtar Vs. Union of India and Ors.

Court : Kolkata

..... to adjudicate upon the subject-matter of a civil suit to the extent of its pecuniary jurisdiction, it cannot come within the definition of a principal civil court of original jurisdiction as provided under section 2(1)(e) of the arbitration and conciliation act, 1996, being a civil court of a grade inferior and this court shall have exclusive jurisdiction for the purpose of entertaining, trying and determining applications under the arbitration and conciliation ..... had it been the legislative intent to establish the city civil court as the principal civil court , the preamble would have read otherwise and there would not have been a fetter on its pecuniary jurisdiction or the necessity of introducing sub-section (2) under section 3 of the city civil court act, 1953, which reads as follows:the city civil court shall be deemed to be a court subordinate to and subject to the superintendence of the high court ..... in order to find a clear answer to the issue, one requires to take into consideration, at first, the statutory definition of the word, court , as provided under section 2(1)(e) of the arbitration and conciliation act, 1996, which reads as follows : court means the principal civil court of original jurisdiction in a district, and includes the high court in exercise of its ordinary original civil jurisdiction, having jurisdiction to decide the questions ..... a decision rendered by a division bench of madras high court reported in air2006madras 218 (m/s.sundaram finance limited. vs.m.k. .....

Bhubaneshwar Singh and anr. Vs. Kanthal India Ltd. and ors.

Court : Kolkata

Reported in : [1986]59CompCas46(Cal)

..... any committee or guardian of a lunatic or minor member or any person becoming entitled to or to transfer a share in consequence of the death or bankruptcy or insolvency of any member upon producing such evidence that he sustains the character in respect of which he proposes to act under this article or of his title as the board thinks sufficient, may, with the consent of the board (which the board shall not be bound to give), be registered as a member in respect of such shares, or may subject to the ..... lastly, on this aspect, it was submitted that the common legal determinant both for sections 397 and 398 of the act relevant for the present petition is conduct lacking in probity and such conduct resulting in injury to the company or to the interest of the public or of the minority shareholders. ..... it was submitted that this article comprised of four limbs :' (i) the first limb makes article subject to section 111 of the act;(ii) the second limb confers absolute and uncontrolled discretion of the board to refuse or accept transfer ;(iii) the third limb is subject to the second limb. ..... mukherjee, appearing for the petitioners, submitted that the preamble to the fera and the policy guidelines issued by the central govt. ..... industrial finance corporation. ..... kalinga tubes ltd, [1965] 35 comp cas 351 (sc).83. ..... [1965] 35 comp cas 351 (sc).88. ..... [1965] 35 comp cas 351 (sc) and needle industries (india) ltd. v. ..... ' (hereinafter referred to as 'the indian company), was incorporated on april 22, 1965. .....

Braithwatte and Co. Ltd. Vs. D.T.M. Construction Pvt. Ltd.

Court : Kolkata

Reported in : (1996)1CALLT171(HC)

..... of the petitioner before the arbitrator was that the provision of sica act being benevolent in nature which was aimed at protecting the greater interest of public as provided in the preamble of the said act, the entire scheme of the act would stand nugatory, unless the suit/proceeding for realisation of the ..... under implementation or where an appeal under section 25 relating to an industrial company is pending, then, notwithstanding anything contained in the companies act, 1956 (1 of 1956) or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect under the said act or other law, no proceedings for the winding-up of the industrial company or for execution, distress or the like against any of the ..... it must be realised that in the modern industrial environment large industries are generally financed by banks and statutory corporations created specially for that purpose and if they are permitted to report to independent action in total disregard of the pending inquiry under sections 15 to 19 of the 1985 act the entire exercise under the said provisions would be rendered nugatory by the time the bifr is able to evolve a scheme of ..... , therefore, of the opinion that where an inquiry is pending under sections 16/17 or an appeal is pending under section 25 of the 1985 act there should be cassation of the coercive activities of the type mentioned in section 22(1) to permit the bifr to consider what remedial measures it .....

Dacca Co-operative Industrial Union Ltd. Vs. Dacca Co-operative Sankhy ...

Court : Kolkata

Reported in : AIR1938Cal327

..... the local government by rules sets up such a tribunal on the view that proceedings in a civil court would be more lengthy and dilatory, and would keep the persons for whose benefit the act is intended engaged in the pursuit of litigation for a good part of their time, when they could have been more usefully employed in their legitimate occupations, and that such proceedings would also ..... day referred them to the inspector of co-operative societies, dacca,' whom he appointed the sole 'arbitrator' under rule 22 (2) of the rules framed by the local government under section 43 of the act,, khan saheb anwar hossain, who was then the inspector of co-operative societies, dacca sudder (dacca town), received the papers from the assistant registrar on 16th september 1930, and issued notices to the ..... . it may be that such rules may not coma within the express terms of any of the different clauses of sub-section (2), section 43 of the act, such as clause (1) or clause (s); these clauses are only illustrative, but they would derive their life and support from the general power conferred on the local government by sub- ..... these questions, the preamble of the act and the terms of section 43 are matters for prime consideration, but the general scope of the act must also be ..... . the principal business of a society, as we have noticed above, being to finance its 'members a dispute concerning the financial obligations of its members to the society would be a dispute concerning the business .....

Prahladrai Agarwala Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [1973]92ITR130(Cal)

..... the preamble to the deed stated as follows:'whereas the partner of the first part (jagdish prosad gupta) who has extensive and outstanding talent of organisation in jagree and grains trade but little finance requested the partners of the first four parts to enter into co-partnership with him on contributing the necessary finance to carry on business in jagree and grains and also act as commission agents in jagree, grains and allied commodities to which request they ..... parekh observed that the court could not ignore the clear and unambiguous expression contained in section 16(3) of the act and the expression should receive a proper interpretation. ..... patel, : [1965]55itr637(sc) . ..... reference under section 256(1) of the income-tax act, 1961, the following question has been referred to this court:'whether, on the facts and in the circumstances of the case, the share of the profit of assessee's wife was includible in the total income of the assessee under section 64(iii) of the income-tax act, 1961 ?'2. ..... 16(3) of the act created an artificial ..... was whether the income arising to the minors by virtue of their admission to the benefits of partnership in the firm could be included in the total income of the assessee under section 16(3)(a)(iv) of the indian income-tax act, 1922. ..... concerned with the point whether the share of profit earned by the assessee's wife in the new firm, referred to hereinbefore, should be included in the assessee's income under section 64(iii) of the income-tax act, 1961. .....

Bhagwati Prasad Kedia Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : (2001)167CTR(Cal)336,[2001]248ITR562(Cal)

..... the tribunal was of the view that the assessing officer had the power under section 158ba of the 1961 act to tax the amount and it makes no difference whether the material is found during the course of search or is brought on record subsequently or whether it has a connection with the material available or found in the course of search.6. ..... the assessee being an individual obtained loan from a limited company under the companies act, 1956, who is also an assessee under the said act, 1961, there had been search and seizure resulting in block assessment of the assessee. ..... being aggrieved by the order of the tribunal, this court has been approached by the assessee under section 260a of the said act of 1961 and on being approached the following questions have been framed for consideration :'1. ..... every statute has its preamble, it has objects and reasons for which it was enacted. ..... those can be considered under section 143(3) of the said act of 1961, whereas the third income being 'the undisclosed income' is taxed and by way of block assessment resulting in search and seizure. ..... as the loan creditor is an assessee under the act of 1961 in whose assessment the loan advanced had been accepted by the revenue authority, the assessing officer was wrong in holding the assessee liable to pay tax on that loan money taken from that assessee.21. ..... here we have been invited to interpret the explanation inserted by the finance (no. .....

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

Court : Kolkata

Reported in : 1998CriLJ2281

..... if we now look to the standards of weights and measures (enforcement) act, 1985, we will find that its preamble suggests as if that it is an act only to provide for the enforcement of the standards of weights and measures established by or under the standards of weights and measures act, 1976 and for matters connected therewith or incidental thereto. ..... the offences complained of, according to the petition of complaint, may be stated to be those which are punishable under section 63 of the act of 1976 for the alleged contravention of section 39 of the act of 1976 by reason of the fact that the concerned packaged commodity which was packed for sale did not conform to the net weight as per the provisions of the rule 24(4)(c) and rule 25 of the rules.18. ..... the preamble of this act reads as 'an act to establish standards of weights and measures, to regulate inter-state trade or commerce in weights, measures and other goods which are sold or distributed by weight, measure or number and to provide for matters connected therewith or incidental thereto. ..... but, if we analyse the provisions of this act of 1985, we will at once discover that its preamble does not fully reflect all the objectives of the act. ..... the preamble itself suggests that this act was enacted for the purposes of (i) establishing standards of weights and measures, (ii) regulating inter-state trade or commerce in weights, measures and other goods which are sold or distributed by weight, measure or number (iii) providing for .....