Court : Kolkata
Reported in : AIR1963Cal421,[1963(6)FLR378],(1963)IILLJ569Cal
..... by the government of india and where large subsidies and advances were given by the union government from the shipping development fund and the government of india had the controlling and administrative authority over the company. even then it was held that these features would not make any difference to the jural ..... control'. its example is chemicals and allied products export promotion council. this export promotion council is a company is (sic) incorporated under the indian companies act. it is a company limited by guatanlee. its object is to support, maintain and increase exports of chemical, pharmaceutical and other allied products. here again ..... it expressly provides by section 5 that every member of a corporation shall be a whole time servant of the corporation. the relief finance and administration act, 1948, establishes another type of corporation by the name rehabillitation finance administration which is a body corporate, with perpetual succession, common seal, and again .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)2CALLT281(HC),[2000]100CompCas472(Cal)
..... case of implication of fiscal liability and not any other type of liability. a reference may be made in this context to the case of ahmedabad urban development authority v. sharadkumar jayantikumar pasawalla and others, reported in 1992(3). supreme court cases, 285 where it has been opined by the supreme court that on ..... interpretation of fiscal law a delegated authority must act strictly within the parameters of the authority delegated to it under the act and it will not be proper to bring the theory of implied intent of the concept of incidental and ancillary ..... of engineers (overseas) corporation pvt. limited v. west bengal financial corporation, reported in : air1986cal132 . a special procedure has been laid down under the state act authorising the state financial corporation to recover loan advanced by the financial corporation by presenting the application under the mode envisaged by the statute by taking recourse to .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal402,63CWN101
..... principles of natural justice.'22. in w. b. s. k. co-operative credit society ltd. v. mrs. bella banerjee, : air1951cal111 the west bengal land development and planning act 1948 was challenged, inter alia, on the ground that it contains no provision for giving the owners of the land to be acquired compulsorily any right to object. ..... therefore, in exercise of the power conferred by sub-section (1) of section 3 of the west bengal land (requisition and acquisition) act, 1948 (west bengal act ii of 1948), read with the authority so vested in me as aforesaid i do hereby requisition the land mentioned in the schedule below and make the following further orders namely: ..... i pointed out that the right to property guaranteed by article 19(1)(f) would likewise continue until the owner was, under article 31 deprived of such property by authority of law'.32. in the second sholapur case, dwarkadas shrinivas v. sholapur spinning and weaving co. ltd., : [1954]1scr674 the supreme court revised its decision .....
Tag this Judgment!Court : Kolkata
Reported in : (1994)2CALLT140(HC)
..... understanding the scope of the said rule 34(2), if suspension could attract the mischief of rule 34(2), in that case the administrative authorities by simply suspending an employee and allowing the suspension to continue for five years without starting or concluding deliberately any departmental proceeding within that time ..... absent from his duties from 2-3-78 without praying for leave or showing any reason and without permission from the authority. thereafter a departmental proceeding was started against the ..... -77. while serving in burdwan municipal circle he was also appointed to act as administrator of southend co-operative housing society ltd. by order dated 10-2-78 the petitioner was transferred from burdwan municipal circle to kurshiang development block. it is the contention of the respondents that the petitioner remained .....
Tag this Judgment!Court : Kolkata
Reported in : (1997)139CTR(Cal)157
..... which he has agreed at the time of the agreement of sale dt. 3rd june, 1992. that is also the reason why s. 269ud(1) of the act requires the appropriate authority to pass an order within two months (after amendment three months) from the end of the month, in which the statement of particulars are submitted by the ..... their own cost. respondent no. 6 was to complete the building construction within 30 months from the date of sanction of the plan. after the building is completed, the developer (respondent no. 6) shall get 60 per cent of the built-up space and the rest 40 per cent shall come to the petitioners share. the petitioner was also ..... their own cost and construct multi-storeyed buildings in accordance with the plan to be sanctioned by the calcutta municipal corporation. the terms and conditions were recorded in the development agreement dt. 26th aug., 1993.the terms of the agreement, inter alia, provide that the petitioner shall vacate the premises and shift to new rented premises to be .....
Tag this Judgment!Court : Kolkata
Reported in : III(2003)BC99,(2003)1CALLT608(HC)
..... be deemed to have arisen. the time taken in conciliation proceedings, if any, initiated and conducted as per the provisions of the act and the time taken by the relevant authority to administratively resolve the claim, differences or disputes shall be excluded for the purpose of determining the period of six months.'10. ..... reported in : air1978cal407 , (2) abdul kadir shamsuddin bubere v. madhav prabhakar oak and ors., reported in : [1962]3scr702 and (3) west bengal comprehensive area development corporation and anr. v. sasanka sekhar banerjee, reported in : air1985cal290 are not relevant to the points at issue. those cases were rendered in a different factual context which ..... between the parties by fraud.47. the next decision cited by the learned counsel for the petitioner-company was in the case of west bengal comprehensive area development corporation and ors. v. sasanka sekhar banerjee, reported in : air1985cal290 . in that case, the question which was decided was that mere allegation of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1956Cal71
..... is certainly some force in his contention but i cannot ignore the long line of decisions of this court and other courts and construe this act against the current of authority simply to give relief to the plaintiff.the legislature must be taken to have been aware of the said decisions and if it intended to ..... mean financial obligations of the nature of loans and guarantees'. the point came up for consideration before my learned brother bose j. in 'hindusthan housing and land development trust ltd. v. state of west bengal reported in 59 cal wn 405 (c). the plaintiff's claim in this case was in respect of compensation ..... properly be classed under 'other financial obligations' mentioned in article 9, indian independence (rights, properties and liabilities) order, 1947.but unfortunately for him the point is covered by authority binding on me. in 'state v. ser-ajuddin batiey' : [1954]1scr378 , it was held that the expression 'other financial obligations' occurring in article 9, indian independence .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)1CALLT499(HC)
..... are wasted which time otherwise could have been spent for the disposal of cases of the genuine litigants. thought we are second to none in fostering and developing the newly invented concept of pil and extending out long arm of sympathy to the poor, the ignorant, the oppressed and the needy whose fundamental rights are ..... is one point we would like to emphasis and it is, that cases may arise where there is undoubtedly public injury by the act or omission of the state or a public authority but such act or omission also causes a specific legal injury to an individual or to a specific class or group of individuals. in such ..... where judicial intervention is necessary for the protection of the sanctity of democratic institutions (independence of the judiciary existence of grievances redressal forums).-where administrative decisions related to development are harmful to the environment and jeopardize people's right to natural resources such as air or water.79. there is, in recent years, a feeling .....
Tag this Judgment!Court : Kolkata
Reported in : [1997]223ITR664(Cal)
..... which he has agreed at the time of the agreement of sale dated june 3, 1992. that is also the reason why section 269ud(1) of the act requires the appropriate authority to pass an order within two months (after amendment three months) from the end of the month, in which the statement of particulars are submitted by the ..... their own cost. respondent no. 6 was to complete the building construction within 30 months from the date of sanction of the plan. after the building is completed, the developer (respondent no. 6) shall get 60 per cent. of the built-up space and the rest 40 per cent. shall come to the petitioner's share. the petitioner ..... their own cost and construct multi-storeyed buildings in accordance with the plan to be sanctioned by the calcutta municipal corporation. the terms and conditions were recorded in the development agreement dated august 26, 1993.5. the terms of the agreement, inter alia, provide that the petitioner shall vacate the premises and shift to new rented premises to .....
Tag this Judgment!Court : Kolkata
Reported in : 2005(98)ECC209,2004(171)ELT301(Cal)
..... from the aforesaid as rightly submitted by mr. banerjee, there is no extreme circumstances nor there is any subsequent development for which this action was required to be taken nearly after one year when the authority concerned could have issued such order of suspension in contemplation of the regulatory measure at the time of issuance of ..... fraud have been detected and for this purpose the department had to wait to have opinion about this matter vis-a-vis their role in this fraudulent act as clearing agents. he further submits that the commissioner in his discretion has come to a subjective satisfaction that immediate action is necessary. it is a ..... customs department could discover the alleged misconduct on the part of the petitioner in march, 2003 itself when the show cause notice under section 24 of the aforesaid act was served. so, had there been genuine urgency for which immediate action was necessary, the petitioner could have been suspended on that day itself. nothing has happened .....
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