Court : Kolkata
Reported in : AIR2003Cal7,II(2003)BC610
..... basis of issue of the lcs being without authority, the question does not come within the scope and ambit of the recovery of debts due to banks and financial institutions act, 1993 (drt act), particularly, in view of the forgery, as spelt out by him. the lcs being result of forgeries, are nullities. it does not confer any right in favour ..... could be granted or not. since this question has been elaborately argued, there is no difficulty in deciding this question in this application. that apart, it is the basic foundation on which the relief could be had by the plaintiff, even on this application. therefore, without deciding this question, this application cannot be decided. therefore, by consent of ..... that there is a prayer that the lcs be delivered of and be cancelled. this is also a relief with regard to the lc, which is the pivot or foundation on which the entire relief rests.14.1. it is contended on behalf of the plaintiff that unless it is a debt, it cannot come within the purview of .....
Tag this Judgment!Court : Kolkata
Reported in : [2003]53CLA328(Cal)
..... companies, is presented before the court and the court passes appropriate order sanctioning the compromise or arrangement. but the foundations or basis for passing an order of amalgamation is the agreement between the two or more companies. section 394 of the companies act makes this abundantly clear. it reads as under:(sic) an application is made to the court under section ..... , it is not an exhaustive definition. reference in this regard can be made to the case of krishi utpadan mandi samiti and ors. v. shankar industries and ors., reported in 1993 supp. (3) scc 361(ii) wherein it was held that 'it is a well settled rule of interpretation that where the legislature uses the words 'means' and 'includes' such ..... forby schedule i. clause iii was brought in by way of amendment on 10-12-1984 and clause iv was brought in by way of amendment on 1-4-1993. clause iv was not there before the apex court in the case of ruby sales.(d) i am unable to accept that the decision reported in holding that by .....
Tag this Judgment!Court : Kolkata
Reported in : 2005(2)CHN207
..... has been dealt with in some detail and the learned authors stated that tulk v. moxhay, decided in 1848 by lord chancellor cottenham laid down the first foundation of the modern doctrine of restrictive covenant. the learned authors observed that the decision in tulk v. moxhay invented a new interest in land (page 1013). ..... after considering the provisions of article 19(1)(g) of the constitution referred to the decision of the supreme court in the case of unikrishnan, reported in : [1993]1scr594 . it is also common ground that before the learned single judge none of the parties relied on the said judgment in the case of unikrishnan (supra).21 ..... available to the plaintiff which could be considered to be 'equally efficacious'. i would accordingly hold that the plaintiff was not debarred under any provision of the specific relief act from instituting the present suit.'72. in municipal board, mathura v. dr. radha ballav pathak, reported in : air1949all301 , the decision in master sant singh was .....
Tag this Judgment!Court : Kolkata
Reported in : (2003)1CALLT506(HC)
..... unfortunate that in the letter dated 12.4.1999 a suggestion had been made that the arbitrator is biased against the claimants for which there is no foundation whatsoever,the arbitrator had repeatedly requested the claimants to cooperate and had offered to conclude the adjudication within the shortest time involving the least expenditure. but unfortunately ..... of india and anr., : air1977delhi231 , wazir chand karam chand v. union of india, : air1989delhi175 and r.s. autar singh. & co. v. npcc ltd., air 1993 delhi 230 in support of the case of the petitioner. but on going through the aforesaid decisions cited by mr. sinha roy the learned advocate for the petitioner, i find ..... the union of india participated in the arbitration proceedings which culminated in the award. thereafter the union of india filed objections under section 30 of the arbitration act, 1940 to get the award set aside. the union of india sought to raise objection that after the final bill had been accepted by the contractor .....
Tag this Judgment!Court : Kolkata
Reported in : 2003CriLJ949
..... materials the discharged person can again be charged. the basic intention of the legislature is that one should not be subjected to judicial process or investigation without any foundation.37. the observation of the learned cjm while passing an order of discharge do not ipso facto entitle the writ petitioner to recover damages personally against the complainant ..... pronouncements are very encouraging and people oriented still then the supreme court has not forgotten to lay down and/or maintain the line of distinction between the sovereign act and the act other than sovereign in nature.16. in the case of kasturi lal ralia ram jain v. state of u.p. reported in : (1966)iillj583sc the ..... followed by raid in his house. the petitioner had to remain in custody for about 100 days before he was granted bail by the court on 13th december, 1993. even after being released on bail the case of the petitioner remained pending for more than four years as no charge-sheet was submitted. on submission of charge .....
Tag this Judgment!Court : Central Administrative Tribunal CAT Kolkata
Reported in : (2004)(2)SLJ69CAT
..... and training saying that he had learnt from a reliable source that the ministry of external affairs, government of india had received a proposal from king faisal foundation, saudi arabia to confer king faisal award on him and his wife for their historical research published in four volumes under the title "the secular emperor babur ..... the research work and are behind the conspirary. (vii) the news item regarding king faisal award was first published in sunday observer dated 18-24th july, 1993 on the basis of the informed sources in delhi. however, the applicant was not allowed to examine the witness in his defence. so also pallab bhattacharya who ..... jurisdiction, power and authority to reach a finding of fact or conclusion. but that finding must be based on some evidence. neither the technical rules of evidence act nor of proof of fact or evidence as defined therein, apply to disciplinary proceedings. when the authority accepts that evidence and conclusion receives support therefrom, the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2003)85ITD105(Kol.)
..... loss cannot be set off against the income disclosed even under the voluntary disclosure scheme. in the case of cit v. sun distributors & mining co.ltd. (1993) 68 taxman 223 at page 227 (cal), their lordships of the calcutta high court held that explanation to section 73 is applicable even in the case of a ..... interpretation of the language employed by the legislature. according to the learned counsel, the legislature in its wisdom has not used the words "notwithstanding anything contained in the act or notwithstanding anything contained in sections 70, 71 and 72". the legislature having used the expression "for the purpose of this section", i.e., section 73, ..... loss will indeed not be relevant for the purpose of section 72. in fact, entire arguments proceed on the foundation that application of section 72 will have precedence over application of section 73 and once that basic foundation is found to be unsustainable in law, i see no substance in ingenious, but fallacious, arguments of the .....
Tag this Judgment!Court : Kolkata
Reported in : (2003)3CALLT175(HC)
..... line-- we must hold that the training qualification had been mentioned by the district inspector of schools in the prior permission as the preferential qualification. such factual foundation leaves us with no choice, but to hold that, in the facts and circumstances of this case, the appellant was definitely entitled to marks for her training ..... which we sum up: in view of the supreme court decision in the case of rekha chaturuedi v. university of rajasthan and ors., 1993 supp(3) scc 168, the selection committee acted illegally by taking into consideration the appellant's requisite qualification obtained by her after the last date for making application for the post in ..... acharyya's case has no manner of application to the present case.22. the case of ainur rahaman khan was also decided on the basis of the aforementioned 1993 recruitment procedure. without bringing the 1995 procedure to the court's notice, only its clarificatory memo dated 4th april, 1996 was relied on, in isolation, for .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(3)CHN384
..... appellants that there has been no payment by the state government to the proper authority towards token compensation money from the public revenue and hence the very foundation of the acquisition proceeding was tainted and the same was illegal and inoperative ab initio.27. the learned senior advocate for the appellants submits that the ..... here namely, the case of sushil kr. sen v. state of bihar reported in : air1975sc1182 and manmbhai jethalai patel v. state of gujrat reported in : [1993]3scr497 wherein it was held that a token contribution of re. 1 from the state revenue would be adequate to hold that acquisition was for public purpose with ..... , there was no existence of public purpose, the government was guided by extraneous consideration before issue of the declaration under section 6 of the land acquisition act. there was no tangible evidence regarding payment of token amount towards compensation money by the state government to justify acquisition for public purpose and finally, the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2003)86ITD96(Kol.)
..... the learned am has been guided by the commercial names given to the items exported by the assessee. this approach in my view may not be. based on sound foundation. in the case of stonecraft enterprises (supra), their lordships of the supreme court held that granite is a mineral and falls within the ambit of restriction under section 80hhc ..... to revise the order of the assessment, withdrawing the benefit of deduction under section 80hhc granted earlier to the assessee in the order of the assessment passed on 4th feb., 1993." 3. aggrieved by the aforesaid order passed by the cit, the assessee is in appeal before us.4. rival contentions are conscientiously heard, order of the cit as ..... (p) ltd. (2001) 250 itr 523 (mad) and also from the case of cit v. n.c. budharaja & co. (1993) 204 itr 412 (sc)." "the contention of the learned counsel that the amendment inserted by finance (no. 2) act of 1991 w.e.f. 1st april, 1991, should be made applicable even to the years prior to the amendment cannot .....
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