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New India Assurance Co. Ltd. Vs. Union of India (Uoi) and ors.

Court : Delhi

..... , promote and ensure orderly growth of the insurance industry and for matters connected therewith or incidental thereto and further to amend the insurance act, 1938, the life insurance corporation act, 1956 and the general insurance business (nationalisation) act, 1972.'28. the statement of objects and reasons ('sor') indicates that a need was felt for the insurance industry, which was ..... for filing an appeal before the irda by the insured in case its claim is repudiated. it has to only file a suit for damages against the insurance company. it is next submitted that under section 64um(4) on receiving a report as directed by it under section 64um(3), the irda can issue directions ..... section 64um(2), (3) & (4) of the insurance act indicates the wide powers of the irda to deal with such claims of the insurers. further, the appellate authority?s power is co-terminus with the power of the irda. reliance is placed on the judgment in jute corporation of india ltd. v. commissioner of tax : jt 1990 .....

Dipak Kumar Chatterjee Vs. Commissioner of Payments (Jute) and Another

Court : Supreme Court of India

Reported in : AIR1993SC1264; JT1993(1)SC58; 1993(1)SCALE16; (1993)1SCC434

..... 1989. the grievance of the appellant is that by the said order, the high court has given a free hand to the commissioner under section 17 of the jute companies [nationalisation] act, 1980 [the 'act'] to deal with the claim of the appellant, as and when filed, as the commissioner thought fit to do. the implication of the order is that the commissioner ..... decretal claim, only within the bounds of the provisions of sections 17 and 18 of the act. the order dated 12th april, 1989 being without jurisdiction is void and is hereby set aside. the respondent-commissioner is directed to examine the decretal claim of the ..... order of 12th april, 1989.2. we find from his order of 12th april, 1989 that the commissioner has gone beyond the provisions of section 17 of the act inasmuch as he has tried to investigate the merits and the validity of the appellant's claim decreed by the high court. the commissioner has to examine the said .....

National Jute Manufactures Vs. Commercial Tax Officer, Central

Court : Sales Tax Tribunal STT West Bengal

Reported in : (1994)95STC499Tribunal

..... jute mill of messrs. union jute co. ltd., having its jute mill/factory at 12, convent lane, calcutta-15, was first vested in the central government and then transferred to the applicant.njmc at ..... under section 15 of the west bengal taxation tribunal act, 1987.2. messrs. national jute manufactures corporation ltd. ("njmc", for short), the applicant in the present case, is a wholly owned government company, having its office at chartered bank building, 4, netaji subhas road, calcutta. pursuant to the enactment of the jute companies (nationalisation) act, 1980 ("the 1980 act", for short) on and from december 21, 1980, the .....

National Jute Manufacturers Corporation Ltd. Vs. Commercial Tax Office ...

Court : Kolkata

Reported in : [1982]49STC271(Cal)

..... first schedule to the act were nationalised. it appears that by virtue of section 3 of the said act those undertakings stood vested in the central government on the appointed day ..... this application the petitioner, national jute ., unit alexandra, challenges an order of the commercial tax officer, lyons range charge, dated 18th march, 1981. the fact relating to the passing of the impugned order may be briefly stated.2. by a central act called the jute companies (nationalisation) act, 1980 (no. 62 of 1980) (hereinafter referred to as the act), the undertakings of jute companies whose names appear in the .....

National Jute Manufacturers Corporation Ltd. Vs. Kotihar Mazdoor Sangh ...

Court : Supreme Court of India

Reported in : AIR2001SC1746; 2001(49)BLJR1173; [2001(89)FLR1038]; JT2001(5)SC59; 2001LabIC1734; (2001)IILLJ264SC; 2001(3)SCALE356; (2001)4SCC408; [2001]2SCR1177; 2001(2)SCT735(SC)

..... . however they will not get any arrears on that count.3. rai bahadur hurdut ray motilal jute mills pvt. ltd. (for short 'the mill') had remained closed from 25.2.1975 to 17.8.1979. on coming into force of the jute companies (nationalisation) act, 1980 (for short the 'nationalisation act') it stood transferred and vested in the central government with effect from 21.121.1980. in ..... turn the central government under the provisions of the said act transferred the mill to the national jute manufacturers corporation limited (for short the 'corporation'). though the provisions of the .....

Commissioner of Income-tax Vs. B.V. Ramachandrappa and Sons

Court : Karnataka

Reported in : (1991)97CTR(Kar)180; [1991]191ITR34(KAR); [1991]191ITR34(Karn); 1991(1)KarLJ413

..... decision should be confined to the particular facts of that case. under almost similar circumstances, the supreme court held that the expenditure incurred was a revenue expenditure and followed empire jute company's case : [1980]124itr1(sc) and other similar cases. 16. the decision rendered by the supreme court in travancore-cochin chemicals ltd. : [1977]106itr900(sc) is illustrative ..... these purposes was a deductible expenditure. the answer was in favour of the assessee. the supreme court, at page 262, reiterated the principles stated in empire jute company's case : [1980]124itr1(sc) and pointed out that : 'what is material to consider is the nature of the nature of the advantage in a commercial sense and ..... k. shivashankar bhat, j.1. the following question of law has been referred under the provisions of the income-tax act, at the instance of the revenue : 'whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the expenditure incurred .....

Gujarat Mineral Development Corporation Ltd. Vs. Commissioner of Incom ...

Court : Gujarat

Reported in : [1983]143ITR823(Guj)

..... is of no consequence whether ultimately the assessee succeeds or fails in acquiring the capital asset. we do not read the decision of the supreme court in empire jute company's case : [1980]124itr1(sc) as laying down a universal test that if capital asset is not ultimately acquired, the expenditure initially incurred for acquisition of ..... the submission of mr. j.p. shah, the learned counsel for the assessee, who venhemently contended before us that as pointed out by the supreme court in empire jute company's case : [1980]124itr1(sc) , these tests are not conclusive and are found to have broken down. according to the learned counsel, the supreme court, therefore ..... act.' 24. it would, therefore, appeal from the above observations of the supreme court that the test of fixed capital or circulating capital could be invoked only if the test of acquisition of an asset or an advantage for the enduring benefit of a trade, has no application to the facts of a given case. in the empire jute company .....

Allied Metal Products Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Reported in : (1981)25CTR(P& H)371; [1982]137ITR689(P& H)

..... amount for the repairs and incurred this expenditure, which was wholly and exclusively for the purpose of its business. in view of the decision of the supreme court in empire jute company's case : [1980]124itr1(sc) and l. h. sugar factory's case : [1980]125itr293(sc) , and the decisions of this court in bharat cinema and bhagat industries corporation ..... which we are placing is not only factual but legal, as the tribunal overlooked to consider this aspect in the light of the provisions of the transfer of property act.6. the amount so spent on repairs to a leased premises by the lessee would be covered as repairs under section 30(a)(i) and the remainder out ..... the lease deed extracted above, which imposed an obligation on the assessee in view of the statutory provisions governing leases under the transfer of property act. under section 108(m) of the transfer of property act, 'the lessee is bound to keep, and on the termination of the lease to restore, the property in as good a condition as it .....

Central Bank of India Vs. Rai Bahadur Hurdutray Motilal Jute Mills Pri ...

Court : Kolkata

Reported in : (1994)1CALLT448(HC)

..... under section 20(7) of the jute companies nationalisation act, 1980. the appellant central bank of india filed a claim before the commissioner of payment appointed under the said act. the appellant bank was a creditor of r.b.h.m. jute mills pvt. ltd. (herein-after also referred to as 'the said company'). the undertaking of the said company was nationalised with effect from 20.12.80 which ..... was the appointed day. the appellant bank is one of the secured creditors of the said company ranking in category 2 .....

Sri Ramdas Motor Transport Ltd. and ors. Vs. Karedla Suryanarayana and ...

Court : Andhra Pradesh

Reported in : [2002]110CompCas193(AP)

..... in s. seetharaman v. stick fast chemicals (p.) ltd. [1998] 93 comp cas 507 the madras high court held that in a petition filed under section 397 of the companies act, 1956, the petition should contain all material facts. in the case of fraud, mismanagement, oppression, etc., full and complete particulars must be alleged in the petition. subsequent affidavits ..... counsel cited another judgment of the gujarat high court in sheth mohanlal ganpatram v. shri sayaji jubilee cotton and jute mills co. ltd. [1964] 34 comp cas 777. in that case a textile mill run by the company having entered into an adat agreement with a firm for supply of working capital for running the mill and ..... well as administrative enquiries. an unjust decision in an administrative enquiry may have more far-reaching effect than a decision in a quasi-judicial enquiry.'66. in fort william jute mills co. ltd. v. first labour court [1963] 1 llj 734 (cal) the calcutta high court ruled that 'though the strict rules of law of evidence .....