Court : Kolkata
Reported in : AIR1958Cal703
..... frequently nothing more than the fine-spun speculations of visionary theorists or the suggestions of party and faction. if expedience, therefore, should ever be set up as a foundation for the judgments of westminster hall, the necessary consequence must be that a judge would be at full liberty to depart tomorrow from the precedent he has himself established today ..... of the amounts which were found due on those contracts. it is important to notice however that whereas agreements by way of wager are made void by the act, the act has not made an agreement to enter into an agreement by way of wager void. an agreement to enter into agreement by way of wager will be void ..... your name with mulchand gulzarimull in hapur. whatever profit or loss shall result from the same will be shared by us half and half. miti bhadra bodi 12 sambat 1993: 14th august, 1936, written by shew kumar vyas whose compliment please accept'was also written at gherulal's instance and under his orders,9. mention must be made .....
Tag this Judgment!Court : Kolkata
Reported in : (1993)1CALLT272(HC)
..... never want to do private practice but only they want registration number. the defence that article 6f is not applicable to the petitioners is without any foundation according to the learned advocate for the petitioners. the said article is a part and parcel of the statute of the state medical faculty. the ..... the learned government pleader, did not file affidavit-in-opposition but made a forceful defence submitting that the schedule underlined qualifications entitling to registration under the act and under 'qualifications' specified in the undermentioned list and under item 2 thereof contains various descriptions of the qualification upto 6-e. this description would ..... provided that the title, certificate of qualification, diploma or licence of the state medical faculty awarded to any person subject to the provision of the act entitled the holder of such title, certificate of qualification, diploma or licence to have their names entered in the register of registered practitioners and in .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1993)45ITD1(Kol.)
..... the institution will be eligible for exemption under section 10(22a). it is not necessary that the surplus should be used for medical purposes only.21. in doon foundation's case (supra), the hon'ble calcutta high court has held on page 216 as follows :- the condition precedent for claiming exemption under section 10(22) is ..... other philanthropic institution. in this connection we may mention that their lordships of the calcutta high court while deciding the issue under section 10(22) of the it act in the case of birla vidhya vihar trust (supra) have referred to the finance bill, 1970 and its memorandum explaining the provisions in the finance bill, ..... , run, aid, hold, maintain, or otherwise support schools, colleges, educational institutions etc., therefore, the institution is entitled for exemption under section 10(22) of the it act. the ratio of the above quoted decisions are applicable to the facts of the present case before us also as the main objects of the assessee before us are also .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1994Cal14
..... ascertaining the resale value in consultation with the insured if at all the insured was willing to keep it at assessedvalue. there has to be a solid foundation for the assessment of loss, which can be either by actual sale or by assessment by survey of the realisable value of the total goods affected or ..... the dispute raised by the appellant company, was not covered by the arbitration clause.'in the instant case the arbitration proceedings and/ or the proceedings under the arbitration act, were commenced within time. furthermore, the clause with regard to the period oi 12 months has been varied by the consent order which records the agreement between ..... and to arrive at adecision in the matter of compensation. theplaintiff also informed that the plaintiff wasissuing notice to the hirers under section 12 of the cold storage act (exhibit-v). on 4thjune, 1979, the plaintiff wrote to the defendant no. 1(exhibit-d) in relation to thefire policy and also the deterioration of stockpolicy .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1993Cal184,(1993)2CALLT423(HC)
..... given by the secretary to the primeminister it became clear that there was no policy of government of india and as such there is no basis and/or foundation of the policy of the government of india and/or air india as staled in the said letter of ratan tala. furthermore, the letter is of very ..... more activities -- too numerous to be exhaustively enurnerated-which may be called commercial intercourse...... every sequence in the series of operations which constitutes trade or commerce is an act of trade or commerce and burdens or impediments im-posed on any such steps are restrictions on the freedom of trade, commerce and intercourse. ..... articles 302, 303, ..... covered by the contract to bring the claim within the arbitration clause. merely by pleading that the claim arises under quantum or under s. 70 of the indian contract act, a party cannot avoid arbitration.' mr. roy chowdhury further has relied on a decision in the case of shalimar paints ltd. v. omprokash singhania reported in : .....
Tag this Judgment!Court : Kolkata
Reported in : 1993(66)ELT361(Cal)
..... duty free. a right had been acquired by the petitioner which could not be taken away by a public notice which was mere executive action without foundation either in the customs act or any statutory order. the petitioner has relied upon the decision of a learned single judge of the bombay high court in lokash chemicals works v. ..... , the time was extended to file affidavits. no affidavit was however filed within the time specified.10. the matter was thereafter heard on 31st january 1993; 5th april 1993 and 6th april 1993. the respondents were directed to produce the records relating to the case at the hearing.11. the petitioner has argued that the liability to pay interest ..... liable to pay interest on duty in terms of the provisions of section 47(2) read with section 61(2) of the customs act, 1962.8. this writ application was moved on 5th march 1993 challenging the refusal of the respondents to allow the clearance of 173.50 mts. of ldpe granules without payment of interest. the application .....
Tag this Judgment!Court : Kolkata
Reported in : (1993)2CALLT394(HC)
..... been granted by the court of probate.33. let us now examine the contention raised by the learned councel appearing for the appellant in this context. the foundation of the first contention is that the age of the testatrix was not correctly stated by the propounder and p.w. 1 in their testimonies with the ..... according to him, excite overwhelming suspicion, spreading over preparation and reading over of the will. the attestation of the will goes against all the cannons of the succession act. the free will of the testatrix was overpowered by undue influence, duress and coercion.11. mr. basu, the learned counsel, appearing for the respondent has seriously disputed ..... from that of proving any other document except as to the special requirement of attestation prescribed in the case of a will by section 63 of the succession act. undoubtedly, the onus of proving the will is on the propounder and in absence of suspicious circumstances, the execution of the will thereof, the testamentary capacity .....
Tag this Judgment!Court : Kolkata
Reported in : (1994)1CALLT243(HC),98CWN866
..... transfer a disciplinary proceeding has to be drawn up and concluded. normally an order of transfer can only be challenged on the ground that malice was the foundation of the order. there may be malice in fact or in law. ordinary grounds available for challenging the validity of an order of transfer is that the ..... police, detective department as well as the officer-in-charge, murder squard, lal bazar police station. in the writ application it was stated that since july, 1993 some officers of the detective department of lalbazar headed by a deputy commissioner of police, detective department, lalbazar began to enter into the presidency jail, alipore very often ..... apprised of gross violation of fundamental rights by group or a class action or when basic human rights are invaded and when there are complaints of such acts as shock the judicial conscience that the courts should leave aside procedural shackle and hear such petitions and extend its jurisdiction under all available provision for .....
Tag this Judgment!Court : Kolkata
Reported in : (1995)1CALLT191(HC),1994(1)CHN162,98CWN860,[1995(70)FLR905],(1997)IIILLJ899Cal
..... is the source of resolution which for the reasons indicated above cannot acquire any legal strength, about which, i have copiously dealt with it. it is based upon slippery foundation. it eats into vital of the case of the petitioner and the resolution of the panchayat is worm eaten. it is not a legacy that can be left behind ..... according to him, an assistant secretary is not armed with jurisdiction or authority to issue letter for appointment of the respondent no. 8 as the order issued on september 27, 1993 by annexure 'm' cannot attain any value or force in the face of annexure 'e' to the writ application.13. to boost the claim of the petitioner, he ..... government in consideration of his claim selected him for the appointment and that he stood the medical test. but for the order of the court passed on november 8, 1993, the respondent no. 8 is hovering between despondency and hope. in cultivating his claim, it has been recited that his appointment as secretary on the strength of selection .....
Tag this Judgment!Court : Kolkata
Reported in : 99CWN181,[1995(70)FLR770],(1995)IILLJ148Cal
..... since the above-noted three notices were issued without considering the representation of the appellant as contained in the letter dated march 4, 1993 and without affording an opportunity of hearing. 10. the learned trial judge, however, rejected the writ application summarily and this appeal is ..... dated february 247 march 16,1994 calling upon the petitioner to submit the declaration form as demanded in the letter dated february 26, 1993 and immediately thereafter two separate notices both dated march 22, 1994 were served on to the appellant no. 1. whereas by the ..... company have been brought within the ambit of the act of 1948. the appellant no. 1, however, as appears from the records, by a letter dated march 4, 1993 requested for cancellation of the notice dated february 22, 1993 and reiterated that the appellant no. 1 cannot ..... umesh chandra banerjee. j. 1. the doctrine of natural justice has a deeprooted foundation in the concept of fair-play and justice. this concept of fairness or fair-play .....
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