Judgment Search Results Home > Cases Phrase: life insurance corporation act 1956 section 43 application of the insurance act Court: kolkata Year: 2008 Page 1 of about 4 results (0.178 seconds)

income-tax Officer Vs. Kenaram Saha and Subhash Saha and

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2008)301ITR171(Kol.)

..... section 2 of the reserve bank of india act, 1934 (2 of 1934), or any primary credit society as defined in clause (civ) of that section ; (v) the life insurance corporation of india established under section 3 of the life insurance corporation act, 1956 (31 of 1956) ; (vi) the industrial finance corporation of india established under section 3 of the industrial finance corporation act, 1948 (15 of 1948) ; (vii) the industrial credit and investment corporation of india ltd. ; (viii) the industrial development bank of india established under section 3 of the industrial development bank of india act ..... the sales bill itself it cannot be decided whether the sellers are producers or not. it has been claimed by learned counsel for the assessee, sri gautam banerjee, that the assessing officer had raised the issue of applicability of section 40a(3) at the fag end of the assessment proceedings in the month of march, 2006 and he did not allow any opportunity to the assessee to produce necessary evidence that the sellers from whom the assessee purchased ..... the assessing officer for examining afresh whether the suppliers of the hides and skins to the assessee are producers or not.43. we have carefully considered the arguments of both the sides and ; perused the material placed before us. first we will deal with the arguments of sri s.k. tulsiyan, the advocate with regard to general applicability and scope of section 40a(3). at the out set we agree with the contention of mr. tulsiyan that income .....

Andrew Yule and Company Limited Vs. Descon Limited and anr.

Court : Kolkata

Reported in : [2009]147CompCas434(Cal)

..... descon on june 9, 2006 for passing resolutions for offering shares on preferential basis to merchant bankers under section 81(1a) of the companies act, 1956.102. the application was made after the holding of the said meeting.103. the defendant company descon has made out a case for need of funds to the tune of rs. 35 crores for entering into a new venture by tying up with railtel corporation of india ltd., a subsidiary of indian railways, for sale of their bandwidth throughout the eastern and north- ..... petitioner, not being a shareholder of descon, cannot question the validity of the resolution passed in the extraordinary general meeting of the company. and the petitioner's right, if any, cannot go beyond that which can be exercised by a shareholder as laid down in life insurance corporation of india v. escorts ltd. : 1986(8)ecc189 .on the latter issue, i.e., whether the petitioner not being a shareholder of descon can maintain the present petition having regard to the reliefs prayed, i am not inclined to reject ..... the company secretary of dpsc on june 8, 2006. the government had expressed its concern that notwithstanding the decision of the shareholders at the meeting held on april 9,1999, such shares were not allotted in terms of the said resolution.43. the appellant has further contended that the hon'ble first court's finding that there is no right of andrew yule to such 26 per cent. preferential allotment was completely misplaced and contrary to record and that the hon'ble .....

inland Manufacturing Company Vs. Board of Trustees for the Port of Kol ...

Court : Kolkata

S.P. Talukdar, J.1. The petitioner, Inland Manufacturing Company, by filing an application under Article 227 of the Constitution being C.O. No. 4477 of 2005 sought to assail the judgment dated 30th September, 2005 passed by the learned 5th Bench, City Civil Court at Calcutta in Misc. Appeal No. 13 of 2001. The learned Court by the said judgment affirmed the order dated 4th June, 2001 passed by the Estate Officer, Kolkata Port Trust in proceeding No. 281 of 1999.2. The grievances of the petitioner, as ventilated in the said application, may briefly be stated as follows:The petitioner is a monthly tenant in respect of a passage measuring 6.318 square metre together with a room measuring about 1951 square kilometre called Plate No. CG- 184/1, situate at P-221/2, Strand Bank Road, P.S.- North Port, Kolkata- 700 001 hereinafter referred to as the 'said premises'. The petitioner became a tenant under the opposite party on and from March 31, 1968. He had been paying monthly rent of Rs. 138/- ...

Sri Arup Mazumdar Vs. Sri Dilip Kumar Roy and anr.

Court : Kolkata

S.P. Talukdar, J.1. The present appeal is directed against the judgment and decree dated 13th March, 2006 passed by learned 13th Bench, City Civil Court at Calcutta in Title Appeal No. 93 of 2005 - thereby affirming the judgment and decree dated 29th August, 2005 passed by the learned Trial Court in Ejectment Suit No. 2723 of 2000. The backdrop of the present case may briefly be stated as follows:Respondents, as plaintiffs, filed a suit for ejectment of the defendant claiming therein that the defendant was a monthly tenant at a rental of Rs. 140/- according to English Calendar Month. The property was purchased by the plaintiffs by virtue of a registered Kobala dated 16.8.1996 and the defendant accepted the plaintiffs as his landlords by payment and acceptance of rent. Plaintiffs claimed that he had sublet or transferred or parted with possession of the suit premises to Amit Mazumdar and Ashish Mazumdar without the consent of the plaintiffs and he himself shifted to ownership flat at Ut...

N.D. Tubes Impex Private Limited and ors. Vs. Geeta Gupta and ors.

Court : Kolkata

Reported in : 2008(1)CHN1008

Sanjib Banerjee, J.1. The first and second defendants, the persons against whom reliefs have primarily been sought in the suit, have applied for the plaint to be taken off the file on the ground that even if the plaintiffs' basis for valuation of the suit were accepted, it would fall below the pecuniary threshold of receiving a suit in this Court.2. The defendant Nos. 1 and 2 rely on the principle recognized by Section 15 of the Code of Civil Procedure, that a suit has to be instituted in the Court of the lowest grade competent to try it. The applicant-defendants refer to the last two paragraphs of the plaint and say that the reliefs claimed in the suit do not match up to the palpably absurd valuation indicated. The two concluding paragraphs of the plaint read as follows:51. For the purpose of Court-fees and jurisdiction, the suit is valued at Rs. 10,00,001/- and the maximum Court-fees of Rs. 50,000/- has been paid thereon. The plaintiffs undertake to pay further Court-fees, if found d...

Haldiram Ltd. Vs. the State of West Bengal and ors.

Court : Kolkata

Reported in : (2009)1CALLT158(HC)

..... public interest element in their offers with terms and conditions mentioned in the appropriate table inviting the public to enter into contract of life insurance. it is not a pure and simple private law dispute without any insignia of public element. therefore, we have no ..... unit along with residential facility for company management and staff with boundary walls, sewers and drains in accordance with plans, sections and specifications that should be approved by the appropriate authorities. in clause 5(iv) it was provided that haldiram would keep the land ..... or mixed use purpose, and stating that booklets containing the details of the plot and the terms and conditions inviting sealed bids along with the application form, would be available from the office of its executive engineer concerned. haldiram participated and emerged as the highest bidder. by a letter dated ..... points to judicial restraint in administrative action....43. in food corporation of india and ors. v. harmesh chand : (2006)7scc654 , the writ petition was filed questioning a decision cancelling harmesh's contract. the high court issued a mandamus directing food corporation to permit harmesh to continue to work. their ..... incorporated under the provisions of the companies act, 1956, has taken out this writ petition dated februry 14th, 2008 seeking the following final reliefs:(a) writ in the nature of mandamus do issue commanding the respondents and/or each one of them: (i) to act and proceed in accordance with law .....

Smt. Pato Mondal Vs. the New India Assurance Company Limited and anr.

Court : Kolkata

Reported in : 2008ACJ1854

Bhaskar Bhattacharya, J.1. All these four appeals under Section 173 of the Motor Vehicles Act, 1988 were heard analogously as points involved herein are common.2. In all these matters, Mr Banik appeared on behalf of the appellants/claimants while different learned advocates appeared on behalf of the concerned Insurance Companies.3. In all the matters, the victim was a minor and the question that arises for determination in these appeals is what should be the guidelines for assessing the compensation if the victim is a minor below the age of 15 years having no income.4. In F.M.A. No. 1805 of 2006, the victim was a boy of 15 years being a student and the Tribunal below awarded Rs. 1,00,000/- as compensation.5. In F.M.A. No. 306 of 2006, the victim was aged two years and a half, and the Tribunal awarded a sum of Rs. 50,000/- as compensation to be paid by the Insurance Company.6. In F.M.A. No. 1248 of 2007, the victim was a student of Class-VII and the Tribunal awarded Rs. 1,00,000/-as com...

Oriental Bank of Commerce Vs. Santosh Kumar Agarwal

Court : Kolkata

Reported in : AIR2008Cal148,(2008)2CALLT509(HC),2008(3)CHN202

Pranab Kumar Chattopadhyay, J.1. This appeal has been preferred at the instance of the defendant-Oriental Bank of Commerce from the judgment and decree dated 18th January, 2001 passed in C.S. No. 216 of 1996.2. The claim of the plaintiff in the suit is based on several Fixed Deposits mentioned in the Schedule being Annexure 'A' to the plaint. All the aforesaid Fixed Deposits were admittedly made jointly by the plaintiff and the pro forma defendant at the Khidderpore branch of the Oriental Bank of Commerce, which is outside the Ordinary Original Civil Jurisdiction of this Hon'ble Court.3. The judgment and decree passed by the learned Single Judge was assailed by the defendant-appellant bank on various grounds mentioned in the Memorandum of Appeal. The learned Senior Counsel representing the appellant-bank concentrated the argument mainly on the ground of jurisdiction as according to the appellant, suit filed by the plaintiff is not at all maintainable in the Ordinary Original Civil Juri...

Rajkumar Gandhi and ors. Vs. First Labour Court and ors.

Court : Kolkata

Reported in : [2008(118)FLR1032],(2008)IIILLJ775Cal

ORDERDebasish Kar Gupta, J.1. The petitioner files this writ application challenging the award dated January 29, 1996 passed by the Labour Court, West Bengal in case No. VIII-C-161/88. By virtue of the above award the Learned Court below directed the firm of the petitioners to reinstate the respondent No. 3 with payment of 50% of the back wages.2. The petitioners are the partners of a firm, namely M/s. R.K. Engineering Corporation (hereinafter referred to as the said firm). The respondent No. 3 was working as a Latheman in the said firm. The respondent No. 3 was convicted and sentenced to a fine of Rs. 60 and in default to suffer simple imprisonment for six days with further direction to refund an amount of Rs. 75 to the Employees State Insurance Corporation within a month by an. order dated December 16, 1985 passed by the Learned Additional Chief Judicial Magistrate, Sealdah.3. The petitioner was served with a charge-sheet dated December 28, 1985 by the authority of the said firm. The...

Garh-moyna Samabay Krishi Unnayan Samiti Ltd. and anr. Vs. State of We ...

Court : Kolkata

Reported in : AIR2008Cal275

Jayanta Kumar Biswas, J.1. The two petitioners in this writ petition dated February 14th, 2008 taken out under Article 226 of the Constitution of India are seeking a writ of certiorari quashing (a) the Consumer Case No. 23 of 2006 that was allowed on contest by the Consumer Disputes Redressal Forum, Abasbari, Tamluk, Purba Medinipur by its final order dated March 28th, 2007, and (b) the Execution Case No. 14 of 2007 initiated before the forum for execution of its order dated March 28th, 2007.2. The consumer case was registered on the basis of a complaint under Section 12 of the Consumer Protection Act, 1986 lodged by the sixth respondent, Sri Nakul Chandra Sahu, with the forum in 2006. The first and second among the five opposite parties in the complaint were Sri Bishnupada Barman and Sri Bhakti Binod Samanta, the Chairman and the Secretary respectively of one Garh-Moyna Samabay Krishi Unnayan Samity Ltd., a co-operative society registered within the meaning of the provisions of the We...