Court : Mumbai
Reported in : 2008(6)ALLMR842; 2008(6)MhLj652
V.C. Daga, J.1. Heard learned Counsel for the parties.2. Perused the petition.3. This petition is directed against the order dated 1-7-2008 passed by the Principle Judge of the Bombay City Civil Court in Misc. Appeal No. 66 of 2005, confirming the order of eviction dated 13-4-2005 passed by the Estate Officer appointed under Section 3 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 ('the Act of 1971' for short).The Factual Matrix:4. The factual matrix reveal that the petitioner is a tenant in respect of the premises situate at Village No. 5, Row No. 3, Ground Floor, Jeevan Bima Nagar, Borivali (West), Mumbai-400 103, owned by the Life Insurance Corporation of India, Mumbai ('the L.I.C.' for short) since 1962.5. The L.I.C. through its Advocate issued notice dated 12-9-1996 terminating petitioner's tenancy on the ground that the petitioner has constructed a weather-shed and has also erected a fence around the shed to prevent the respondent's staff from coming near i...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(1)ALT716
Y. Bhaskar Rao, J. 1. Assailing the order dated February 11, 1994 made in W.P. No. 2039 of 1994 by the learned Single Judge of this Court, this writ appeal is filed. The facts of the case are as follows : The appellant is the son of one G. Veeranna who was working in the services of the respondent corporation as a Sweeper. He (G. Veeranna) died on May 1, 1989 while he was in service leaving behind the appellant and the other family members as his legal heirs. While so, the A.P.S.R.T.C. issued Circular PD-112/1987 dated October 5, 1987 where in 30% posts of helpers, kalasis have been allotted to the children of the deceased employees, retired employees and employees who were declared medically unfit. In the said circular the criteria for recruiting the Children of the ex-employees of the Corporation under the above said 30% quota was also laid down. The appellant-petitioner made an application to the corporation authorities to appoint him on compassionate grounds. The said application w...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC2524; [1973]89ITR236(SC); (1973)4SCC200; [1973]3SCR510
K.S. Hegde, J.1. This appeal by certificate arises from the decision of the Calcutta High Court in a reference under Section 66(1) of the Indian Income-tax Act 1922 (to be hereinafter referred to as the 'Act'). The question referred to the High Court for its opinion reads:Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assensee, having not been assessed to super-tax for the assessment year 1958-59, the unabsorbed reduction in rebate under Clause (i)(a) of the second proviso to Paragraph D of Part II of the First Schedule to the Finance Act, 1957, could not be set off against the rebate available to the assessee under the Finance Act, 1959, and that accordingly the Income-tax Officer was not justified in reducing the rebate of Rs. 16,114/- available to the assessee for the assessment year 1959-602. Following its earlier decision in Commr. of Income Tax, West Bengal v. Deoria Sugar Mills Ltd. : [1971]80ITR408(Cal) , the High Court an...
Tag this Judgment!Court : Gujarat
Reported in : [2004(101)FLR536]; (2004)1GLR160
Ravi R. Tripathi, J. 1. The present petition is filed by Saurashtra University and its Registrar challenging the order dated 4th December, 2001 passed by the Deputy Labour Commissioner, Saurashtra-Kutch at Rajkot making a Reference of the dispute mentioned in the Schedule attached thereto, and the order dated 7th March, 2002 passed by the Industrial Tribunal, Rajkot in Reference (IT) No.10 of 2002 directing the petitioner-University to maintain status quo qua the five workmen till the next date of hearing, issuing a show cause notice to show cause as to why the reliefs prayed for in the application be not granted and fixing the next date of hearing on 20th March, 2002. 2. The Civil Application No.1649 of 2003 is filed for a relief to issue an interim mandatory order to the opponents not to give effect to the show cause notice dated 19th February, 2003 in any manner, by terminating the services of the said five workmen, pending the hearing and final disposal of the Special Civil Applica...
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal388
P.B. Mukharji, J.1. This is an application under Article 226 of the Constitution by the petitioner, Murari Mohan Ghose against the Life Insurance Corporation of India and other persons associated with that Corporation. The petitioner seeks for a Mandamus upon the respondents to cancel, rescind and withdraw the orders contained in the letters Nos. Dev/AN dated the 4th December, 1958. ADM/DEV/15037 dated the 20th June, 1939 and Dev/AG/16481 dated 6/7th July, 1959, directing him in effect to act as Field Officer. These letters are annexed as G, J and K to the petition.2. The letter of the 4th December, 1958, informed the petitioner that his services had been transferred from National Fire & General Insurance Co. Ltd., Calcutta to the Corporation once again and he was placed under City Branch Unit No. 4 as Field Officer with effect from 1-12-58. It also says that he would be paid remuneration on the existing terms till he was categorised on the basis of his performance from 1-12-58 to 30-1...
Tag this Judgment!Court : Kolkata
Reported in : AIR1970Cal193
K.L. Roy, J.1. This is a suit by the plaintiff firm against the Life Insurance Corporation of India for arrears of remuneration or in the alternative for damages in respect of an agreement Between the plaintiff firm and Aryya Insurance Company Limited. The case for the plaintiff is that on or about the 1st June. 1954 Aryya Insurance Company Limited appointed the plaintiff firm as its special representative for the purpose of introducing persons willing to act as insurance agents of the company. It was further agreed that on the acceptance by the company and appointment of any such persons as its agents the plaintiff guaranteed that insurance business worth at least Rupees five lacs annually would be procured by such agents yielding a premium collection of about Rs. 20,000/-, and in consideration thereof the plaintiff firm would be entitled to an allowance of Rs. 200/- per month and in addition a flat rate of commission of 65 per cent on the first year's premium collection including age...
Tag this Judgment!Court : Kolkata
Reported in : AIR1962Cal45,65CWN23,(1961)ILLJ59Cal
ORDERG.K. Mitter, J. 1. This is an application by the General Secretary of the Eastern Zone Insurance Employees' Association against (1) the Zonal Manager, Eastern Zone Life Insurance Corporation of India with his office at Hindusthan Building, Calcutta, (2) the Divisional Manager, Hindusthan Co-Operative Insurance Society Ltd. and (3) the Chairman, Life Insurance Coporation of India, Bombay, for the issue of a writ in the nature of mandamus calling upon the respondents to cancel the basic pay actually drawn on August 31, 1956 by persons who were formerly employees of the Hindusthan Co-operative Insurance Society Limited and to give effect to their basic pay in accordance with law for the purpose For fitting in with the new scale adopted by the Life Insurance Corporation of India and for other reliefs. The petitioner has no personal interest in the matter and is seeking to get redress for the ex-employees of the Hindusthan Co-operative Insurance Society Limited. 2 to 12. (After stating...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1403; [1964]34CompCas258(SC); [1964]51ITR773(SC); [1964]5SCR880
Sarkar, J. 1. We think that these appeals should be allowed. 2. The appeals relate to the assessment to income-tax of the income of the life insurance business of the Bharat Insurance Co. Ltd. now merged in the Life Insurance Corporation Ltd. The assessment years concerned are 1952-53, 1953-54 and 1954-55. The Income-tax Act, 1922 makes special provision for assessment of the income of insurance business. The Income-tax Officer in making the assessment orders made some adjustments in the accounts which the appellant contends, he has no power to do under these provisions. The question in these appeals is whether he had the power to make these adjustments. 3. Sub-section (7) of s. 10 of the Act makes the special provision for the assessment of the income of insurance business and that is in these terms : 'Notwithstanding anything to the contrary contained in Section 8, 9, 10, 12 or 18, the profits and gains of any business of insurance and the tax payable thereon shall be computed in acc...
Tag this Judgment!Court : Kolkata
Reported in : AIR1996Cal140
ORDER1. This is a suit for accounts and payment of the sums found due and owing by the defendant on the said accounts to the plaintiffs. Plaintiffs case is follows: The original plaintiffs Promode Ranjan Sarkar, Pabitra Ranjan Sarkar, Prafulla Ranjan Sarkar and Saroj Ranjan Sarkar are the brothers of Nalini Ranjan Sarkar, a Hindu governed by the Dayabhaga School of Law.2. On the 25th January, 1953, the said Nalini Ranjan Sarkar died intestate leaving him surviving the plaintiffs as his only heirs. The original defendant, Hindusthan Cooperative Insurance Society Ltd. at a meetingof its Board of Directors held in Calcutta on 12th August, 1940 resolved as follows: Resolution No. 6-- Re: Premises No. 237, Lower Circular Road, the house with all furniture and fittings, except those purchased by Mr. Sarkar himself (meaning thereby the said Nalini Ranjan Sarkar deceased) will as at present belong to the Society, (meaning thereby the Society) Mr. Sarkar having no title thereto or interest ther...
Tag this Judgment!Court : Kolkata
Reported in : AIR1996Cal417
ORDER1. This is a suit for recovery of Rs.44,958/- (Forty-four thousand nine hundred fifty-eight) only being the amount due and payable from 25th January, 1956 till 24th Jan. 1958 by the Hindusthan Cooperative Insurance Society Ltd., a company incorporated under the Indian Company's Act. By virtue of the provisions of the Life Insurance Corporation Act, 1956 (Act No. X 31 of 1956) the assets and liabilities of the said Hindusthan Co-operative Insurance Society Ltd. having been vested in the Life Insurance Corporation of India, the present defendant is said to be liable to pay to'the plaintiff the said sum of money.2. Plaintiff's case, shortly slated, is that Late Nalini Ranjan Sarkar predecessors-in-interest of the original and substituted plaintiffs was associated with Hindusthan Cooperative Insurance Society Ltd. and in consideration of his devoted and loyal service the said 'society at a meeting of its Board of Directors held in Calcutta on 12th Aug. 1940, resolved, inter alia, as f...
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