Court : Kolkata
..... versus union of india reported in (2010) 4 chn447 it is arduously submitted by the learned advocate for the petitioner that the charge sheet which is the foundation of the disciplinary proceeding should clearly, specifically and explicitly contain the details of the incident forming the basis of those charges as the non-adherence may entail ..... an appointing authority in following words: 8. the learned counsel also drew our attention to p.v.srinivasa sastry v. comptroller and auditor general [(1993) 1 scc419: 1993 scc (l&s) 206 : (1993) 23 atc645 wherein this court in the context of article 311(1) has held that in absence of a rule any superior authority who ..... as 10.08.1961 at the time of seeking such employment. after such appointment, the service book was prepared, which includes form b prescribed in the mines act and rules and the particulars recorded therein should be verified by the employee and to certify that the information recorded therein are true and correct. admittedly, the .....
Tag this Judgment!Court : Kolkata
..... ble apex court in the case of m/s.coca cola india inc.-vs.-additional commissioner of income tax (supra).that the issue of transfer pricing involves establishment of certain foundational facts which cannot be dealt with in a writ petition. (43) in principle also i am of the view that the reference to the tpo under sec. 92ca ..... submission that the writ court should not entertain a challenge to a reference made by the assessing officer to the tpo under the it act on the issue of transfer pricing since the same involves establishment of certain foundational facts which cannot be done by way of writ petition. (36) learned counsel also referred to an order dated 10 july, ..... particular section of the finance bill. in this connection he also relied on a decision of the hon ble supreme court in the case of pepper-vs.-hart, (1993) ac593 in support of the proposition that reference to parliamentary material should be permitted as an aid to the construction of a legislation in order to give effect to .....
Tag this Judgment!Court : Kolkata
..... of a party, it must be established that the party has a right and the said right is illegally invaded or threatened. the existence of a right is the foundation of a petition under article 226 of the constitution. (32) on the basis of the aforesaid submission mr.majumder prayed for dismissal of the writ petition. petitioner ..... against sr.samar kumar mitra. however, it appears that the final judgment in the case against and amongst others.samar kumar mitra being special case no.10 of 1993 in connection with rc case no.29 of 1991 instituted by the cbi, was delivered on 29 september, 2014 wherein sr.samar kumar mitra was acquitted. hence, ..... caused to the bank if in any departmental or judicial proceedings the pensioner is found guilty of grave misconduct or negligence or criminal breach of trust or forgery or acts done fraudulently during the period of his service: provided that the board shall be consulted before any final orders are passed; provided further that departmental proceedings, if .....
Tag this Judgment!Court : Kolkata
..... follows:the assessee paid tax in respect of the relevant assessment years including self-assessment tax u/s.140a of the act. subsequently, the assessment u/s.143(3) was completed for both the assessment years 1992-93 and 1993-94 and certain additions were made. the assessee preferred an appeal before the commissioner of income tax (appeals) (hereinafter ..... enrichment proceeds on the basis that it would be unjust to allow one person to retain a benefit received at the expense of another person. it provides the theoretical foundation for the law governing the doctrine of restitution which was echoed in tata chemicals (supra). in the light of the discussion made above, we are of the ..... there is no ambiguity in it. hence the assessee is clearly entitled to claim interest u/s.244a on refund of excess self assessment tax. in k.k.j.foundations vs.- the assistant director of income tax (ita. no.242 of 2014) the kerala high court by judgment dated 8th september 2015 held as follows:- by invoking .....
Tag this Judgment!Court : Kolkata
..... the confirmatory order of the coal india ltd.in terms of allotment order issued by the coal controller and it is on these factual elements, which comprised the foundation on which the writ petitioner claims the relief. even if in its entirety, cause of action had not arisen at a place, the place where major ..... increase demand of low content ash coal by the steel plants, power houses and other industrial consumers.the coal mines (nationalization) act of 1973 came to be amended by coal mines (nationalization) amendment act of 1993. this led to participation of private sector in coal mining as it was encouraged by the government owing to heavy infrastructural ..... of coking coal required by the industries compelled to import same from other countries which affected the foreign exchange reserve of the country. therefore, this amendment of 1993 was brought. this prompted several persons to install washeries and writ petitioner company claims to be one of them. it is not in dispute that cil and .....
Tag this Judgment!Court : Kolkata
..... section 392, the cornerstone of the statutory framework, can be violated. it is also to be noted that 1980 kmc act does not contain provision similar to section 208 of the west bengal municipal act, 1993 granting deeming sanction if the board of councillors defaults in according sanction to a plan. rather, in no uncertain language ..... which it would, under rule 26(3).be deemed to be in contravention of the provisions of the statute and rules. thus, as 1980 kmc act, 1980 hmc act and the rules do not permit post facto sanction of an unauthorised construction, if orders are passed for retention even on payment of fine or penalty ..... building rules, 2009 ( rules for short).section 2(5) is as follows:2. definitions. in this act, unless the context otherwise requires [(5) building means a structure constructed for whatsoever purpose and of whatsoever materials and includes the foundation, plinth, walls, floors.roofs, chimneys, fixed platforms.verandas, balcony, cornice or projection or part of a .....
Tag this Judgment!Court : Kolkata
..... supreme court made it express that it was not deciding the issue with regard to specific performance of the contract. i do not think that there is any foundation in facts for the application of the decisions in support of the proposition of res-judicata, namely 1956 clr 62.air 196.sc 8.(manipur administration, manipur ..... corporation (wbidc) and the rp goenka group. the rp goenka group pulled out of the company 1990. tata chemicals and tata tea were inducted between 1990 and 1993 but not much headway could be made. dr. purnendu chatterjee is a nonresident indian. in june, 1994 he entered the field. he claimed to be an industrialist ..... and any other proceeding connected therewith or incidental thereto. (c) a decree of permanent injunction prohibiting the defendant no.8, its agents, officers and employees from acting upon and further proceeding with any proceeding pursuant to the impugned arbitration agreement dated january, 12, 2002 and the request for arbitration dated march 21, 2012 and .....
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..... marketing and consumer federation limited and others reported in (2004) 12 scc 360, the honble supreme court has observed as follows : 15. the statement providing foundation for a plea of acknowledgement must relate to a present subsisting liability , though the exact nature or the specific character of the said liability may not be indicated in ..... 48. thus, a sum of rs. 29,89,511.77 is due and payable by the defendant to the plaintiff inclusive of interest calculated upto 31st july, 1993. defendant by filing a written statement has denied and disputed all the material averments set-forth in the body of the plaint and has contended, inter alia, that ..... is not subject to the condition that before the agreement should operate as an acknowledgment , the liability must be ascertained by the arbitrator . the acknowledgment operates whether the arbitrator acts or not. (see tejpal saraogi v. loallanjee jain, civil appeal no. 766 of 1962, d-/ 8-2-1965(sc) approving abdul rahim oosman and co. v. .....
Tag this Judgment!Court : Kolkata
..... marketing and consumer federation limited and others reported in (2004) 12 scc 360.the hon ble supreme court has observed as follows : 15. the statement providing foundation for a plea of acknowledgement must relate to a present subsisting liability , though the exact nature or the specific character of the said liability may not be indicated ..... 48. thus, a sum of rs. 29,89,511.77 is due and payable by the defendant to the plaintiff inclusive of interest calculated upto 31st july, 1993. defendant by filing a written statement has denied and disputed all the material averments set-forth in the body of the plaint and has contended, inter alia, ..... is not subject to the condition that before the agreement should operate as an acknowledgment , the liability must be ascertained by the arbitrator . the acknowledgment operates whether the arbitrator acts or not. (see tejpal saraogi v. loallanjee jain, civil appeal no.766 of 1962, d-/ 8-2-1965(sc) approving abdul rahim oosman & co. v. ojamshee .....
Tag this Judgment!Court : Kolkata
..... of mining and mineral lease or leases granted by the appellants to third parties, since that question was neither canvassed in the high court, nor any factual foundation laid before us. we decline to go into that question. for well over twelve years the appellants worked the mines etc. by obtaining stay of operation ..... optima et fortissimo in lege.a contemporaneous exposition (or construction) is regarded in law as the best and strongest (most prevailing) (trayers legal maxims, fourth edn. 1993 page 103) g.p. singh, in his principles of statutory interpretation (13th edn. 212) says:contemporary official statements throwing light on the construction of a statute ..... company gave a notice and in fact surrendered the lease. therefore, lease ends by surrender by the said letter. mr. mukherjee further submitted that singur act is an act for resumption and not acquisition. mr. mukherjee pointed out that tata motors did not say that they are interested in compensation. mr. mukherjees further .....
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