Judgment Search Results Home > Cases Phrase: foreign recruiting act 1874 Court: kolkata Page 3 of about 1,497 results (0.090 seconds)

Royal Engineer's Co-operative Society Ltd. and Anr. Vs. State of West ...

Court : Kolkata

Reported in : 2004(4)CHN490

..... banerjee, learned advocate for the petitioner submitted that in theclause 3 of the order in the notification fixing the age limit of unemployed youth is arbitrary, irrational having no nexus with the main purpose of the bengal excise act, 1909 (for short 'excise act') and the west bengal co-operative societies act, 1983 (for short 'co-operative societies act') and is ultra vires and void. ..... pursuant to an advertisement inviting applications for grant of licence of foreign liquor (off) and country spirit in the district of hooghly, the petitioner made an application for a liquor shop in pandua bazar and in its vicinity ..... mat 321 of 2001, west bengal foreign liquor (off) shop owners' association & ors. vs ..... said notification containing the order issued by the excise department can never alter the provisions of the co-operative societies act and the saidclause 3 of the order containing the notification is void.5. ..... if a challenge is made regarding vires of any act, rule, notification or order there should be specific grounds and prayers should be made accordingly ..... for that the respondents acted illegally in not considering the case of the petitioners.iv ..... was made that the contents of the order are within the delegated power of the government and the order has been notified in the official gazette as required undersection 88 of the excise act. ..... reported in : [2001]2scr1108 it was submitted that circular or order cannot override the provisions of the co-operative societies act.10. mr. .....

D.G. of Health Services and ors. Vs. Bikash Chatterjee and ors.

Court : Kolkata

Reported in : AIR1969Cal525,73CWN249,(1970)ILLJ70Cal

..... counsel for chatterjee contended that cadre meant post and secondly that chatterjee held the officiating post before he went to the foreign service andthirdly, that on a construction of fundamental rule 113 the authorities reduced chatterjee from that officiating post to his substantive post and it amounted to reduction. ..... with regard to promotion it will appear that ago and educational qualification prescribed for direct recruitment will not apply in the case of permanent employees eligible for promotion to upper division clerk. ..... , such authority shall also take into account the nature of the work performed in foreign service) these amendments will not be applicable to the former secretary of states services officers governed by fundamental rules for whom the following words should be substituted namely:-- in giving promotion, such authority shall take into account- (a) the nature of the work performed in foreign service; and (b) the promotion given to juniors in the cadre in which the question of ..... the affidavit evidence makes it clear beyond any measure of doubt that the council is a society under the societies registration act and is not a part of the government. ..... in paragraph 4 of malhotra's affidavit it is stated that the council is a society registered under the societies registration act and it is an independent and autonomous body. ..... thirdly, chatterjee acted in an officiating capacity as a lower division clerk inthe drugs laboratory when he went to the service of the council .....

A.H. Magermans Vs. S.K. Ghose and ors.

Court : Kolkata

Reported in : AIR1966Cal552,70CWN82

..... it was further argued that the question of a person's domicile becomes relevant not only for determining the question of a citizenship, but also for determining the question of succession to immovable property under partii the succession act, 1925, the mere fact at the appellant had made a declaration regarding his domicile, it was argued, could not confer upon him the right of permanent residence in india because such a declaration might equally be ..... , however, is of no assistance to the appellant in this appeal because we are not concerned in this appeal with the prosecution of the appellant under the foreigners act and the question of validity of his prosecution under the said act was not the subject matter of his petition under article 226 of the constitution, out of which this appeal arises.6. ..... party and to determine the respective rights of the contesting parties who were opposed to each other, there was a lis and prima facie it was the duty of the authority to act judicially and (2) if a statutory body had power to do any act which would prejudicially affect the subject, then although there were not two parties apart from the authority and the contest was between the authority proposing to make the ..... before the supreme court in that case was if the state of the punjab exercising its appellate jurisdiction under rule 6(6) of the punjab welfare officers recruitment and conditions of service rules, 1952, was a tribunal within the meaning of article 136(1) of the constitution. .....

Sleepwell Industries Co. Ltd. Vs. Lmj International Ltd.

Court : Kolkata

..... . article v(2)(b) of the new york convention of 1958 and section 7(1)(b)(ii) of the foreign awards act do not postulate refusal of recognition and enforcement of a foreign award on the ground that it is contrary to the law of the country of enforcement and the ground of challenge is confined to the recognition and enforcement being contrary to the public policy of the country in which the award is set to be ..... . to the same effect is the provision in section 7(1) of the protocol & convention act of 1837 which requires that the enforcement of the foreign award must not be contrary to the public policy or the law of india ..... . since the foreign awards act is concerned with recognition and enforcement of foreign awards which are governed by the principles of private international law, the expression "public policy" in section 7(1)(b)(ii) of the foreign awards act must necessarily be construed in the sense the doctrine of public policy is applied in the field of private international law ..... . it could be seen from the judgment that violation of the foreign exchange act and disregarding orders of superior courts in india would be regarded as being contrary to the fundamental policy of indian law ..... . (supra) and submits that the principles of public policy applied in relation to foreign award governed by the foreign award (recognition and enforcement) act, 1961 had been extended by the hon ble supreme court in the context of foreign awards under the arbitration and conciliation act, 1996 .....

Indian Tea Packeting Industries and anr. Vs. Union of India (Uoi) and ...

Court : Kolkata

Reported in : 1988(18)ECC180

..... such determination was made in a case where the constitutionality of bifurcation of state judicial service into two wings, that is civil and criminal, on the basis of separate rules governing recruitment and conditions of service was under consideration, apart from whether such bifurcation and rules would be violative of articles 14 and 16, and it has been observed by the supreme court, ..... by the manufacturer at an intermediate stage is not put in the market would not make any difference to the chargeability of the substance to excise duty if it is covered by an item in schedule i of the act, and therefore, if the manufacture of hydrogenated oils known as vanaspati from the raw materials, new substance has been brought into existence by the application of processes one or more of which are with the aid of power ..... , or (ii) by a hundred per cent export-oriented undertaking and allowed to be sold in india,shall be an amount equal to the aggregate of the duties of customs which would be leviable under section 12 of the customs act, 1962 (52 of 1962), on like goods produced or manufactured outside india if imported into india, and where the said duties of customs are chargeable by reference to their value, the value of such excisable goods shall, notwithstanding ..... this was a case whereby the provisions of punjab municipal corporation act, 1976, levy of tax was made on indian made foreign liquor at flat rate of rupee one per bottle and on the basis of the observations as above, it has .....

Indian Quarter Master's Union and Ors. Vs. P.R. Dutt and Anr.

Court : Kolkata

Reported in : AIR1951Cal570

..... application under article 226 of the constitution of india for a writ in the nature of mandamus requiring the respondents to cancel the endorsement on the certificates of seamen regarding their unfitness for services in foreign vessels and to refrain from holding pre-entry medical examinations of seamen or making endorsements on their certificates as a result thereof and also for a writ in the nature of quo warranto requiring the ..... showing cause has stated in his affidavit that as the medical examination by doctors appointed by shipping companies proved to be unsatisfactory and complaints and adverse comments were pouring in from foreign countries as to the poor quality and physique of indian seamen the shipowners and the seafarers' federation have agreed to the system of pre-entry medical examination and the shipowners have ..... further contended that the petitioners are not entitled to the reliefs asked for as the respondents do not purport to act under the sanction of any statute, and reliance is placed on the decision of the judicial committee reported in ..... provisions of the indian merchant shipping act, the shipping master of the port of calcutta has certain prescribed duties and functions to perform, in respect, of the employment of seamen in foreign going vessels. ..... this system of recruitment was in vogue till march 1950 when respondent 1 who holds the post of port health officer, calcutta, purporting to designate himself as officer, pre-entry medical examination of seamen, .....

Eih Limited Vs. Commissioner of Income Tax, Kolkata

Court : Kolkata

..... if a transaction takes place by way of sale or otherwise in a shop or establishment situate in india involving clearance at any customs station as defined in the customs act and at the same time, the reserve bank of india treats such transaction in lieu of indian currency as convertible foreign exchange for the purposes of the foreign exchange regulation act, 1973 (46 of 1973), and any rules made thereunder, the transaction should be treated as export out of india for the purpose of section 80hhc ..... transaction by way of sale or otherwise, in a shop, emporium or any other establishment situate in india, not involving clearance at any customs station as defined in the customs act, 1962 (52 of 1962); (b) "export turnover" means the sale proceeds received in, or brought into, india by the assessee in convertible foreign exchange in accordance with clause (a) of sub-section (2) of any goods or merchandise to which this section applies and which are exported out of india, but does not include ..... the assessee to the general manager of the reserve bank of india to issue a certificate showing that the payments made in indian rupees to the hotels by foreign airlines and diplomats are being treated by reserve bank as convertible foreign exchange for the purpose of foreign exchange regulation act, 1973 and the rules made thereunder as also the foreign exchange management act, it appears that the assistant general manager, foreign exchange department has written a letter dated november 7, 2005. .....

The Collector of Customs Now Known as the Commissioner of Customs (Air ...

Court : Kolkata

..... in one hand it is the case of the investigating agency that the accused on being apprehended as failed to produce any document in support of licit possession of the foreign currency in question and then confessed that he has no valid and legal papers in support of having the foreign currencies beyond the permissible limit and those were purchased from an unauthorized source and identity of the person is not known to him and on his failure to produce ..... accused is required to submit several documents in support of his legal acquisition, possession and transportation/exportation of foreign currency notes so recovered and accused person has violated several provisions of customs act, 1962 as mentioned above as well as relevant provisions of foreign exchange management act, 1999 and foreign exchange management (export and import of currency) regulation, 2000 and rbi notification no. ..... day the place wherefrom such foreign currency was purchased by the accused was divulged from his interrogation, but having gone through the case dockets i have found that except recovery and seizure of the foreign currency from the accused and his arrest and then again his interrogation and recording of his statements under section 108 of the customs act, there has been no ..... work out the information transpired from his statement recorded under section 108 of the customs act, to identify the racket operating in illegal and unauthorized dealing of foreign exchanges and to apprehend the miscreants involved. .....

B.V. Van Oord Atlanta Vs. Asstt. Director of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

..... year of receipt of dues.the reconciliation of turnover offered to tax in all the three years was given as under: the learned counsel further explained that in respect of the payment received in foreign exchange on various dates, a uniform rate of nlg 1 = inr 21.2766 was considered for calculation purposes for all the amounts received, irrespective of the amounts actually realized. ..... it was vehemently argued by the learned counsel for the appellant that by overlooking these important judicial decisions the learned commissioner (appeal) acted against the principles of natural justice, and that in all fairness the learned commissioner (appeals) should have admitted all the grounds of appeal on the basis of the above judicial ..... were disclosed by the appellant in the return of income along with supporting evidences.in para 4 of the- assessment order, the assessing officer categorically stated that the "assessee is a non-resident foreign company of netherlands who was awarded a sub-contract by ham, another non-resident foreign company of netherlands, to carry out maintenance dredging work at kolkata for calcutta port trust. ..... of the appellant in india, in terms of article 5 read with article 7 of the double taxation avoidance agreement, the beneficial provision, which in absence of pe does not provide for charging of tax on a non-resident foreign company in india due to section 90 sub-section (2) of the income tax act. ..... foreign company within the meaning of section 2(23a) of the act .....

R.R. Sen and Brothers Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2005)95TTJ(Kol.)398

..... for that the learned cit(a) erred in law as well as in fact in not allowing the benefit under section 80hhc of the act in respect of the profit derived by exporting the surplus foreign currency notes to abroad and selling such foreign currency in the foreign country and bringing the sale proceeds in convertible foreign exchange. 2. ..... he, however, referred to section 2(22)(d) of the customs act which defines 'goods' to include the currency and the negotiable instrument.therefore, export of foreign currency, according to customs act, is export of goods. ..... the facts of the case are that the assessee is a money changer within the meaning of section 7 of the foreign exchange regulation act, 1973, and is authorised to deal in foreign currency. ..... since the foreign currency has not been defined in the it act, we have to go to the general dictionary meaning and other considerations to find out its real meaning with reference to eligibility of deduction under section 80hhc. ..... with these arguments, learned counsel sought to establish that foreign exchange dealt in by the assessee-firm has all the characteristic of goods or merchandise and since all the ingredients of export of goods or merchandise were satisfied and the assessee had made export earnings in dollars in convertible foreign exchange, the assessee should be considered to be entitled to deduction under section 80hhc of the it act.10. .....