Court : Kolkata
..... on 22nd march, 1997, reserve bank of india granted approval to the company under section 19(1) (d) of the foreign exchange regulation act, 1973 (fera) now repealed, to issue 30,55,329 equity shares of rs.10/each to kamal against the importation of the said medical equipments, on non-repatriable basis ..... (see paragraph 9).the court had to be satisfied about the locus standi of the petitioner before entertaining the writ as held by the said court in rajasthan state industrial development and investment corporation versus subhash sindhi cooperative housing society, jaipur and others reported in (2013) 5 scc427(see paragraph 14).these cases were cited by mr.kapur, learned counsel for the respondent no.5 ..... on 6th august, 1993 the secretary to the department of industrial development, ministry of industry granted approval for foreign equity participation subject to a ceiling limit of 88.88% amounting to rs.8,00,00,000/- on repatriable basis out of which import of capital goods could be rs.4.20 ..... in its application to the secretary, department of industrial development, ministry of industry made on 31st may, 1993 for approval of foreign non-resident indian investment in the public company which owned the hospital (ruby general hospital limited).it was stated that the non-resident indian (nri ..... the two previous writ applications orders were passed by this court directing the reserve bank of india to consider the issue of grant or revocation of grant of licence upon hearing kamal and sajal. .....
Tag this Judgment!Court : Kolkata Appellate
..... bjc was declared a sick industrial company in terms of section 3(1)(o) of sica in the hearing held on june 7, 2006 and the 5 industrial development bank of india (hereafter the idbi) was appointed as operating agency under section 17(3) thereof to examine viability of formulating a rehabilitation scheme, if feasible. ..... a company formed and registered under any of the previous companies laws specified below (a) any act or acts relating to companies in force before the indian companies act, 1866 and repealed by that act; (b) the indian companies act, 1866; (c) the indian companies act, 1882; (d) the indian companies act, 1913; (e) the registration of transferred companies ordinance, 1942; and (f) any law corresponding to any of the acts or the ordinance aforesaid and in force- ****** for the purpose of guidance on how and in what manner ..... rajib chatterjee reported in (2009) 3 scc 709 in which an advertisement inviting applications for grant of liquor licence from unemployed youth was construed and it was held that although the respondents were earning some money for bare sustenance, the same would not disentitle them to take part in the ..... industrial health of the country, revival of the sick industry and enabling it to stand on its own feet, stemming unemployment, etc. ..... in such a case, option for reviving the sick company would be closed, the workers would become unemployed, the creditors would not get their dues, the financial institutions would be unable to recover their loans, etc. .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(1)CHN610
..... and eht industrial unit expanding for additional production on or after 26th january, 1999 (as defined in the west bengal industrial incentive scheme, 1993) only to the extent of additional consumption provided such expansion is certified by the west bengal industrial development corporation and ..... section and in sections 25c, 25d and 25e, 'industrial establishment' means-(i) a factory as defined in clause(m) of section 2 of the factories act, 1948(63 of 1948); or(ii) a 'mine' as defined in clause (j) of section 2 of the mines act, 1952 (35 of 1952); or(iii) a 'plantation' as defined in clause(f) of section 2 of the plantations labour act ..... as in annexure t5' and to treat your petitioners' factory at sachindra chandra tea estate in the district of darjeeling as a 'new industry' and forthwith grant concession in accordance with clause (a) of the tod tariff in the tariff and related conditions of supply as in annexures 'p2 to pp1', ..... under article 226 of the constitution of india praying for direction to west bengal state ..... excluding additional rebate of 2.5%) applicable for new industries will be available for the running ht/eht sick/closed industries that are covered under rehabilitation package approved by bifr/idbi/sidbis/financing nationalized bank depending on whether it is a large/ ..... section 1(4)(a) and sections 2(f) and 2(k) of plantations labour act have provided the applicability of the said act in respect of the labourers engaged in the plantation work of growing tea, coffee etc .....
Tag this Judgment!Court : Kolkata
..... several substantial questions have been raised by learned counsel for the parties, centering around the said notice of west bengal industrial development corporation [wbidc].dated 10th october, 2013, which is annexure-n at page 171 of the petition. ..... order sheet ga no.3807 of2013with cs no.461 of2013in the high court at calcutta ordinary original civil jurisdiction original side chatterjee petrochem [mauritius].company versus west bengal industrial development corporation ltd. ..... to this, mr.sarkar, learned counsel for the petitioner replied that the proceedings with regard to chatterjee petrochem [mauritius].company [cpmc].and winstar india investment co.ltd.were separate and had to be kept separate so also the lot of 155 million shares and the lot of 520 million shares. ..... [b].injunction restraining the respondents, whether by themselves or by their servants or agents or otherwise howsoever, from purporting to act or to give effect to or take any steps in furtherance of the purported notice dated 10th october, 2013 or from enforcing the same in any manner whatsoever. ..... all parties concerned are to act on a signed photocopy of this order on the usual undertakings. ..... secondly, on the date i.e.10th october, 2013, when this notice was issued, an order of the division bench of this court dated 5th june, 2013 relating to winstar india investment co.ltd. .....
Tag this Judgment!Court : Kolkata
Reported in : [1970]40CompCas83(Cal),73CWN446
..... accordingly, this company applied to the ministry of industries for grant of industrial licences under the industries (development and regulation) act, 1951, for expansion of its pulp and paper factories and the requisite import licences under the approved schemes along with six other paper mills. ..... by a letter dated april 4, 1964, the central government refused to give sanction and this refusal was followed by a letter dated may 5, 1964, from the reserve bank of india to the managed company in which it was stated that the bank was advised that the central government had reconsidered the question of investment in the foreign company and that the proposal for investment in jute mill in thailand was rejected and, therefore, the sanction was ..... there were any reasons for the formation of the opinion and on the ground that existence of circumstances which enabled the central government to form an opinion with regard to the matters set out in clauses (i), (ii) and (iii) of section 237(b) of the companies act must be made out as the impugned order has been challenged on the ground that no such circumstances existed, it is not necessary for us to go into the other question raised by the parties in this appeal ..... . in the meantime, the indian companies act, 1913, was repealed by the companies act, 1956 ..... , another company managed by the respondent, is a manufacturer of sugar, cement, asbestos cement, paper, banaspati, chemicals, etc. .....
Tag this Judgment!Court : Kolkata
Reported in : (1989)2CALLT47(HC)
..... . my attention has also been drawn to a letter, dated 19th march 1983 issued by the deputy director of chemicals of the government of india, ministry of industry (department of industrial development), small industry service instituted ..... . that letter has been addressed by the deputy director chemicals of the above department to the writ petitioner intimating the petitioner that they have since been advised by the development commissioner, small scale industries by the letter, dated march 2, 1983 that import of machinery under the policy of project import is regulated as per the provision of para 177 page 37 of the hand book, the import and export procedure 1983 ..... ., employed in carrying on a trade or a mechanical or other industrial business; as an electric light-plant, a fishing plant, etc ..... 84-66 of section xvi of the customs tariff act, 1975 (51 of 1975)'.6. ..... 84.66 of the first schedule to the customs tariff act, 1975 (hereinafter referred to as 'tariff act') provides, inter alia, that all items of machinery instruments, apparatus and suppliances, auxiliary equipments, etc. ..... . 'plant' has been defined in law lexican is as follows :-in webstor's dictionary the meaning of the word plant as given therein is as follows :'the machinery, apparatus, fixtures, etc ..... 84.66 would apply provided the said machinery instruments, etc. ..... reservoirs with 30 lit each and wall bracket, solenoid valve and water filter for nitrogen, economic nitrogen control, compressor for air, etc. .....
Tag this Judgment!Court : Kolkata
Reported in : [1991]187ITR628(Cal)
..... the department of industrial development, ministry of industry, has since issued a set of guidelines for approval of the amalgamation and the petitioner is alleged to have received the approval of the controller of capital issues under the capital issues (control) act, 1947, inasmuch as the certificate of the specified authority under section 72a(2) of the act has to be enclosed with the original return of ..... petitioner is alleged to have filed under section 72a(1) of the act and by letter dated july 15, 1986, the department of industrial development sought a clarification from the petitioner which ..... arid other relevant factors ; (b) the amalgamation was in public interest ; and (c) such other conditions as the central government may, by notification in the official gazette, specify, to ensure that the benefit under this section is restricted to amalgamations which would facilitate the rehabilitation or revival of the business of the amalgamating company, then, the central government may make a declaration to that effectand, thereupon, notwithstanding anything contained in any other ..... as communicated by letter dated may 4, 1988, copy of which is annexure 't' to the writ petition, it appears that the officer on special duty attached to the department of industrial development, ministry of industry, government of india, has placed on record that the case of amalgamation of messrs. ..... the required information regarding sales, production as well as contribution made by the company, etc. .....
Tag this Judgment!Court : Kolkata
Reported in : 1987(11)ECC385,1987(27)ELT369(Cal),[1987]168ITR815(Cal),[1987]67STC209(Cal)
..... argued that there was a treaty between the government of indiaand the government of nepal which was entered into on july 31, 1950,by which it was agreed ' each government undertakes in token of theneighbourly friendship between india and nepal, to give to the nationalsor others, in its territory, national treatment, with regard to participation in industrial and economic development of such territory and to the grant of concessions and contracts relating to such development. ..... it was, however, further observed that even assuming that the search and seizure were in contravention of the provisions of section 132 of the income-tax act, still the material seized was liable to be used subject to law before the income-tax authorities against the persons from whose custody ..... permanent address, nationality, occupation, nature of business carried on by his company, sikkim tobacco company, gangtok, particulars of passport, if any, held by the petitioner, period of stay in india, particulars of his visits abroad, details of the immovable property held by him in and outside india, whether any permission of the reserve bank of india had been obtained by him for acquiring/holding immovable properties in and outside india and name and address of his bankers in and outside ..... must carefully consider for himself the grounds put forward by the revenue officer and judicially satisfy himself, in relation to e+ach of the premises concerned, that these amount to reasonable grounds for suspecting, etc. .....
Tag this Judgment!Court : Kolkata
Reported in : [1994]206ITR152(Cal)
..... ' does not include any machinery or plant (other than machinery or plant installed in a building for the convenient occupation of the building) even though attached to, or permanently fastened to, anything attached to the earth ; (xi) deposits with the industrial development bank of india established under the industrial development bank of india act, 1964 (18 of 1964).' 20. ..... , 'scheduled bank' means the state bank of india constituted under the state bank of india act, 1955 (23 of 1955), a subsidiary bank as defined in the state bank of india (subsidiary banks) act, 1959 (38 of 1959) ; a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970), or under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1980 (40 of 1980), or any other bank being a bank included in the second schedule to the reserve bank of india act, 1934 (2 of 1934) ; (iv) investment in units of the unit trust of india established under the unit trust of india act, 1963 ..... the expression 'extinguishment of any rights' would take its colour from its companion words, that is, 'sale', 'exchange', etc. ..... , agricultural land, farm house, animals, etc.24. .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(2)CHN142
..... reason of the repeal of the 1949 act by the 1981 amendment of the wblr act, amending the definition of land in section 2(7) which included tea estate and insertion of section 3a read with amended section 4 of the wblr act, the status of darjeeling dooars transformed into that of a raiyat with transferable and heritable right in the light whereof the question of grant of lease is ..... act did not receive the assent of the president, as such inconsistency between the 1895 act and the 1949 act may pose a question as to whether this lease was a government grant and would be effective notwithstanding the 1949 act in view of the provisions contained in article 254(2) of the constitution of india specifying that in case of conflict, unless assented by president, between the state act and the central act, the central act ..... question because of the subsequent development and the changes brought about in the law governing the subject, on the strength whereof the present position is to be adjudicated.wblr act: status of the lessee ..... under section 5, a non-agricultural tenant shall be deemed to hold any non-agricultural land (b) for manufacturing or business purpose if such tenant is entitled, under the terms of any agreement between himself and the landlord, to use or is actually using such land for carrying on therein any commercial or industrial enterprise or any trade or business and (c) for other purposes, if such tenant is entitled, under the terms of any ..... the merit and jurisdiction etc. .....
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