Court : Kolkata
Reported in : AIR2007Cal176
..... a particular colour scheme in terms of rule 88b as framed whereby state government has empowered itself to fix the colour scheme for different types of passenger transport vehicles. it is contended that the word 'regulating' does not include the prohibition and as such the' state government cannot prohibit the transport ..... scheme and direct the state transport authority or the regional transport authority, as the case may be, to maintain the colour scheme for different types of passenger transport vehicles including the state carriage and the contract carriage, plying with the permit issued by the respective authorities. such colour scheme, as may be notified ..... 2005 on inserting rule 88-b in the west bengal motor vehicles rules, 1989 empowering the state government to fix different colour schemes for different types of passenger transport vehicles and challenging the notification no. 2076-wt/3m-177/ 04pt dated 27th april, 2005 issued by the principal secretary to the government of west .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1978Cal407,82CWN437
..... contract is terminated ab initio as if it had never existed. he then referred to certain observation of atkinson l. j. in the case of abram steamship co. v. westville shipping co. 1923 ac 773 at p. 781. according to the learned advocate for the petitioners it was incorrect to state that the effect of termination was to terminate the contract ..... union of india v. benode kumar, reported in : air1962cal48 it appears that it was held by the court that by purchase of the passengers' ticket there initially came into existence a contract between the railway administration and the passenger for the carriage of the latter's person. if a 'half ticket' was obtained from the railway administration for carriage of an adult .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1984Cal69
..... detain such article for the purpose of being returned to him on his leaving india. by making the declaration under section 77, and the request under section 80 the passenger expresses his intention not to import such an article. the question that was debated at the bar is whether the petitioner can be deemed to have imported the goods ..... also substantiated by section 15. therefore, the relevant date for import of the goods was the date of presentation of the bill of entry and not the date when the ship arrived at the port. though the decision was based on the meaning of the expression 'import', the fads of that case were entirely different. mr. justice s. s. ..... property in the country they could not be said to have been imported. thus it could not be said that the moment the aircraft landed at the airport or the ship entered into the territorial waters of india, an importation had taken place. importation could only be said to have taken place when the goods had crossed the customs barrier .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)1CALLT107(HC),2000(1)CHN245
G.R. Bhattacharjee, J.1. Both the above noted Death Reference and the criminal appeal are being dealt with and disposed of by this Judgment as they arise out of the same Judgment of the 3rd court of Additional Sessions Judge, Allpore. The trial court by its judgment and order dated 26-8-92 acquitted the accused Sanda Akhtar and the accused Hossaln Chowdhury but convicted the accused Naslm @ Naso and the accused Lokman Shah under section 302/149 IPC and further convicted the accused Naso under sections 148, 201/149 IPC. Subsequently after giving a hearing on the question of sentence the trial court by Its order dated 31-8-92 sentenced both the accused Naso @ Naslm and Lokman Shah to death for their conviction under section 302/149 IPC for the murder of V.K. Mehta and also sentenced the accused Nase to R.I. for 3 years and fine of Rs. 2.000/- i.d. to R.I. for 6 months for the offence of rioting punishable under section 148 IPC and also sentenced him to R.I. for 3 years and a fine of Rs. ...
Tag this Judgment!Court : Kolkata
Reported in : [1978]48CompCas611(Cal),82CWN774
..... the premises.39. the real matter of controversy between the parties is on the question as to whether the substratum of the company had gone with the acquisition or taking over of the railway business of the company. the circumstances in which winding up is sought for is that it is just and equitable ..... may possess a right to run over and work.(e) to carry on the business of tramway, railway, omnibus and van proprietors and carriers of goods and passengers and manufacturers of and dealers in tramway carriages, trucks, locomotives, accumulators, dynamos and other engines and other chattels, effects and conveniences required for the making, maintenance ..... judicial authorities as indicated earlier. carried to logical conclusion, the business of carriers by navigation would include starting of business of transport over high seas through ships and liners which is not the express or implied intention as revealed in the objects clauses of the memorandum. the business of carriers of goods is thus .....
Tag this Judgment!Court : Kolkata
Reported in : [1979]119ITR46(Cal)
..... and exclusively laid out for the purpose of the assessee's trade and, therefore, was not deductible. the extra rent was found to have been paid for the acquisition of a capital asset, viz., the reversion, through a wholly owned subsidiary, a creation of the assessee, and the assessee owned the real benefit of the freehold ..... case, following a collision between a greek tanker and yugoslavian tanker, fire broke out in both the vessels and the yugoslavian tanker subsequently drifted into a turkish passenger vessel. as a result, all the three vessels became constructive total loss. the charterer and sub-charterer of the turkish vessel instituted a suit in england ..... registered in denmark, employed a firm in london as its agents for issue of passenger tickets, booking of freight and for other usual work of a ship's broker on customary commission and brokerage. the firm also acted as freight and passenger's agent for other foreign steamship companies. the names of all such steamship companies .....
Tag this Judgment!Court : Kolkata
Reported in : [1985]58STC370(Cal)
M.N. Roy, J.1. M/s. Eastern Trading Company, a partnership firm registered under the Indian Partnership Act, 1932 and which at the material time had the petitioners and one Smt. Kankan Wari Baid as partners, carried on the business of selling various articles and luxury goods, apart from dealing with hire-purchase agreement of those articles and were registered dealers both under the Bengal Finance (Sales Tax) Act, 1941 (hereinafter referred to as the said Bengal Act) and also the Central Sales Tax Act, 1956 (hereinafter referred to as the said Central Act). The said Smt. Kankan Wari Baid died on or about 9th May, 1973 and it has been stated that after her death, her heirs and legal representatives did not join the petitioners in the said partnership business and the intimation of carrying on such business by the petitioners, was given to the respondent No. 1, the Commercial Tax Officer concerned.2. It was the case of the petitioners that thereafter four applications were moved under A...
Tag this Judgment!Court : Kolkata
Reported in : AIR2001Cal177
Pranab Kumar Chattopadhyay, J.1. This is an appeal against the judgment and decree of a learned single Judge of this Court in a suit for specific performance of a contract. The contract was for the grant of lease in respect of four floors, namely ground, 1st, 2nd, and 3rd of the premises No. 1/1. Lower Circular Road, Calcutta (hereinafter called the said premises) for a period of 25 years at a monthly rent of Rs. 42.50 per 100 sq. ft., M/s. Talbot & Co. carried on negotiations between the parties with regard to the grant of lease and/or letting out of the said premises in respect of the aforesaid four floors, namely ground, 1st. 2nd and 3rd for an area of 12,500 sq. ft. approximately in each floor.2. The plaintiff claimed that it had entered into a concluded agreement with the owner of the said building National Properties Ltd, the appellant, herein on the basis of correspondences which were exchanged between the parties and/or with M/s. Talbot & Co., the broker, appointed by the appel...
Tag this Judgment!Court : Kolkata
Reported in : [1989]65CompCas625(Cal)
Pratibha Bonnerjea, J.1. The parties to these proceedings had entered into a contract on August 31, 1951, containing an arbitration Clause for adjudication of disputes arising out of the contract or relating thereto by two arbitrators. Disputes and differences having arisen between the parties from time to time, five separate references were started between the parties. All the five references were private references and were as follows:1. In 1961, the respondent company as the claimant made the first reference against the Union of India for recovery of Rs. 2,08,12,135 and the Union of India made certain counter-claims therein. 2. In March, 1964, the Union of India as the claimant made the second reference for recovery of Rs. 1,00,90,041.39 and the respondent company made certain counter-claims in that reference. 3. In July, 1964, the respondent started the third reference claiming Rs. 39,00,000 and the Union of India made certain counter-claims therein. 4. In October, 1969, the fourth...
Tag this Judgment!Court : Kolkata
Reported in : AIR1989Cal23,[1989]74STC221(Cal)
..... collected under this act on the entry of any specified goods into the calcutta metropolitan area if such goods: are brought into that area --(a) as personal luggage by a passenger and the value of the number or quantity thereof does not exceed the prescribed amount of limit, as the case may be, or(b) in such circumstances and subject to .....
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