Court : Kolkata
Reported in : AIR1968Cal407,72CWN440
..... no member of the executive can interfere with the liberty or property of a british subject except when he can support the legality of his act before a court of justice. that apart the verylanguage of article 14 of the constitution expressly directed that 'the state' which by article 12 includes the executive organ shall ..... court in support of this contention, namely, chandrama prasad v. state : air1935cal403 , nemai adak v. state : air1965cal89 and state v. ram ajodhya singh, air 1986 cal 348. this may be the legal position. but the liberty granted to the police to carry out a preliminary investigation does not absolve them from performance of their ..... offence in course of trade union activity.139. in the meantime affairs in our country had not remained static. industry had expanded, new thoughts of social justice and labour policy not only were generated but also were expressing themselves in the wake of national movements for political changes for achieving independence. looking back into .....
Tag this Judgment!Court : Kolkata
Reported in : (1990)1CALLT139(HC)
..... . for which decree was claimed and for which the decree was passed. however, it appears from the order dated 31.1.1983 passed by the hon'ble mrs. justice manjula bose that the learned judge has passed a final judgment and decree against the defendant nos. 1 to 4 and 7 for rs. 11,13,706.05p. with ..... relation to commercial transactions.explanation i : in this sub-section 'nationalised bank' means a corresponding new bank as defined in the banking companies (acquisition and. transfer of undertakings) act 1970 (5 of 1970).explanation ii : for the purposes of this section,: a transaction is a commercial transaction, if it is connected with the industry trade or business of ..... the application will stand dismissed with costs. the costs shall be paid to the plaintiff's advocate-on-record m/s. khaitan & co.department and all parties will act on a signed copy of the minutes of this order'.12. the judgment of the learned trial judge proceeded on the basis of interpretation of section 34 of the .....
Tag this Judgment!Court : Kolkata
Reported in : 1987(31)ELT53(Cal)
..... of importation of such goods will have to suffer the consequences. moreover it had been contended that pursuant to the order of the court passed by mr. justice borooah (as he then was), the question of any sufferance of further demurrage and/or bank charges does not arise.4. in the case reported in a ..... and in the undoubted exercise of its jurisdiction cannot be challenged on the sole ground that it is passed on a misconstruction of a provision of the act or on a notification issued thereunder ...the argument was that the taxing authority misconstrued the terms or the notification which was issued by the state government (u ..... such use. the petitioners have been issued requisite industrial licence by the customs authorities for manufacture of steel pipes under the provisions of the industries (development & regulation) act, 1951. the controller of import & export issued import licence dated 25th february, 1980 and revalidated upto 31st of may, 1981 by endorsement in the licence, thus .....
Tag this Judgment!Court : Kolkata
Reported in : [1992]74CompCas304(Cal)
..... to the following cases also. k. appa rao v. v.l. varadaraj air 1981 mad 94, united bank of india v. p. r. garments industries pvt. ltd. [1986] 62 comp cas 669 (guj) and jagannath pigments and chemicals v. bank of baroda [1989] 65 comp cas 393 (bom).63. this question assumes special importance where the ..... to commercial transactions. explanation i.--in this sub-section, 'nationalised bank' means a corresponding new bank as defined in the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970). explanation ii.--for the purposes of this section, a transaction is a commercial transaction if it is connected with the industry, trade or ..... has been repealed by necessary implication by section 34 of the civil procedure code. in this connection, he has also drawn our attention to section 21a of the banking regulation act, 1949. he has submitted that the interim interest and interest on judgment are matters of discretion and are not governed by an agreed rate of interest. he .....
Tag this Judgment!Court : Kolkata
Reported in : 1992(60)ELT240(Cal)
..... at under the said two clauses. even after such satisfaction has been arrived at parliament has thought it fit to provide for the observance of the principles of natural justice before the power to suspend/cancel/hold a licence in abeyance is exercised. it cannot be contended that without even reaching the stage of such satisfaction the authority ..... period 1987-88 to 1989-90 as compared to the normal wastage allowed to the extent of 10% only. since the sale of ci castings rejects during the year 1986-87 was 'nil', therefore, sudden increase in sale of ci castings rejects in large quantities in the subsequent years put the firm's activities in the sphere of ..... (control) order, 1955, but also in violation of the principles of natural justice.16. there is therefore also no question of appeal under the import control order or the imports (control) act, 1947 as the order cannot be held to have been issued under the act or order.17. for all the aforesaid reasons i hold that the writ application .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1993)45ITD22(Kol.)
..... advantage of the delay in the disposal of appeals. nobody can have a vested right in delay, much less the government which is enjoined to see that justice is rendered as expeditiously as possible. " if a bench of the tribunal on identical facts and law is allowed to come to a conclusion directly opposed ..... account stated : " 8. buildings and plant and machinery of company, excluding those owned by the company at kathu unit under working arrangement as on march 31, 1986, have been revalued by the valuers appointed for the purpose and as per their valuation report, there has been a net increase, on the basis of current replacement ..... 80j relating to unabsorbed depreciation, unabsorbed investment allowance, unabsorbed loss and unabsorbed deduction relating to tax holiday. as a consequential amendment, chapter vib of the income-tax act relating to restriction on certain deductions in the case of companies, is proposed to be omitted. these amendments will take effect from april 1, 1988, and will, .....
Tag this Judgment!Court : Kolkata
Reported in : (1993)2CALLT79(HC),1993(66)ELT574(Cal)
..... observations of p. b. mukherji, j. has full application to the facts of the present case.we, accordingly, hold that the board of revenue acted arbitrarily and in violation of natural justice by not adhering to their own precedents in administering this taxing statute when there was no reason or circumstance to justify any change of mind of that ..... and law relating to the list which was the subject-matter of the show cause notice is no answer. the violation of natural justice is prejudice enough. (see : s.l. kapoor v. jagmohan, air 1986 sc 136 para 24).61. secondly, courts have decisively held that an assistant collector has no power to review an order passed by ..... notification did not use the word 'exclusively' which was normally found in similar notifications.22. in aravali ispat ltd. v. collector of central excise, jaipur reported in 1986 (26) elt 259 the tribunal had to consider the scope of the benefit of notification 208/83 dated 1.8.83 which related to the manufacture of iron castings. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1996Cal89,100CWN357
..... is upholding the unity and integrity of the country. and it is also essential for upholding the values enshrined in the constitution like economic, political and social justice, equality of status and opportunity, fraternity, dignity of the individual and the integrity and unity of the nation that positive aspects of communal harmony be strongly ..... to support his right to the judgment : (1889) 22 qbd 128, rel. on.' 65. he has also referred to stroud's judicial dictionary, 5th edition (1986), vol. i, page 378 for the meaning of cause of action as entire set of facts that gives rise to an enforceable claim. it has been submitted that ..... by peoples' union for civil liberty and thirteen public men of eminence praying for a mandate on the central government to implement the prasar bharati (broadcasting corpn.) act, 1990 forthwith without further delay.the petition was moved with notice to the central government, its officers, all recognised national political parties and their leaders. all .....
Tag this Judgment!Court : Kolkata
Reported in : (1996)2CALLT183(HC),100CWN900
..... these appeals principally raising the question of constitutionality of west bengal land beforms (amendment) act, 1981 (hereinafter referred to as 1991 amendment act) and west bengal land beforms (amendment) act, 1986 (hereinafter referred to as the 1986 amendment) act were heard together and are being disposed of by this common judgment.2. in ..... 32. our current processual jurisprudence is not of individualistic anglo-indian mould. it is broad-based and people-oriented, and envisions access to justice through 'class actions', 'public interest litigation', and 'representative proceedings'. indeed, little indians in large numbers seeking remedies in courts through collective ..... proceedings, instead of being driven to an expensive plurality of litigation, is an affirmation of participative justice in our democracy. we have no hesitation in holding that the narrow concept of 'cause of action' and 'person aggrieved' and individual .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1999Cal156
..... and the appeals succeed on the finding that the holding company has failed to make out a case of oppression, the court is not powerless to do substantial justice between the parties and place them, as nearly as it may, in the same position in which they would have been, if the meeting on 2nd may ..... in such a situation would exercise its equitable jurisdiction and may grant appropriate reliefs.23-24. in life insurance corporation of india v. escorts ltd., reported in : 1986(8)ecc189 the apex court after taking into consideration various decisions and treatises held that for certain purposes corporate veil can be lifted. it was stated (at page ..... as also the present proceedings in respect of akshay nidhi ltd.... allegedly during course of hearing of those proceedings, inspections were made resulting discovery of various others acts of omissions and commissions. the proceedings in relation to sandip investment ltd. was disposed of by a learned single judge of this court which has been affirmed .....
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