Court : Kolkata
Reported in : AIR1934Cal803,152Ind.Cas.601
..... the purposes of carrying out a scheme of reorganisation of its waterworks the board had obtained a loan from the government of the united provinces of agra and oudh of the sum of rupees 18,50,000 under the provisions of the local authorities loans act (9 of 1914). ..... the learned advocate general appearing before us for the board of revenue was at first disposed to argue, on the authority of the decision in the case of in re cooke and kelvey, 1932 cal 736 (this was the matter referred to in the letter of the board of revenue to the applicant, dated 15th february 1932), that the ..... united provinces electric supply company limited (hereinafter referred to as the applicants') is a company incorporated under the companies act of 1913 and has its registered office at 12 mission bow calcutta and this company was the holder of an electric license issued to it under the provisions of the indian electricity act of 1910 known as the lucknow electric license 1914 and also of amending electric licenses issued to the company on 15th march 1916 and 25th january 1924 ..... on 23rd march 1932 the board stated to the applicants that as the adjudication by the collector was made under section 31 stamp act it was final by reason of the provisions of section 32 and therefore the board was not in a position to refer the ease to the ..... august 1931 the applicants appealed to the board of revenue as being the chief revenue authority requesting if necessary that the matter might be referred to the high court. .....
Tag this Judgment!Court : Kolkata
..... an objection on the ground of a forum selection or arbitration clause is taken before a civil court, the court has to appreciate the efficacy thereof and, rather than the court finding itself to be denuded of authority, as a matter of public policy the court holds the parties to their bargain and ensures the specific performance of the forum selection or the arbitration clause according to the agreement. ..... the departure of the flight was delayed due to fog, low visibility and operational reasons and the passenger complained before the permanent lok adalat, set up under the legal services authorities act, 1987, in hyderabad and obtained compensation and costs for his inconvenience and suffering ..... suing a defendant corporation (or company) has the choice of instituting a suit in a court within the territorial jurisdiction whereof the body corporate has its sole or principal office; or, carry such suit to a court within the local limits whereof the body corporate has a subordinate office, provided that the cause of action in the suit has a nexus with such subordinate office.24. ..... clause (a) of section 20 of the code provides that subject to the limitation as indicated in the previous provisions, every suit shall be instituted in a court within the local limits of whose jurisdiction the defendant, or each of the defendants where there are more than one, at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal267
..... of the company shall be run by the state government and shall be used and utilised by the state government for the purpose of production of gas and supply thereof to industrial undertaking, hospitals and other welfare institutions, to local authorities, for street lighting and for other purposes, if auy, and to the public in general for domestic consumption and for this purpose the state government shall have all the powers of the company under ..... in the present case the impugned legislation is entitled as an act to provide for taking over for a limited period of the management and control and the subsequent acquisition of the oriental gas company limited, it is stated in the preamble that whereas it is expedient to provide for increasing the production of gas and improving the quality thereof for supply to industrial undertakings, hospitals and other welfare institutions, to local authorities, for street lighting and to the public in general for ..... the 1951 act is for development and regulation of industries and the state act of 1960 is for taking over the management and control of the oriental gas company, a gas works for supply of gas to various undertakings, hospitals, local authorities and the public. ..... the purpose of requisition can be gathered from the act namely that they are for the purpose of supply of gas to industrial undertakings, hospitals, welfare institutions, local authorities and to the public in general. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1952Cal508
..... the debentures were issued under the 'local bodies* loans act, 1913 (now 1926) of new zealand and the loan and interest were secured on a special rate of three pence in the pound on the rateable value of all rateable property in the borough, provision being ..... in my opinion that makes-no difference because the decision does not militate against the authority of 'chutterput singh's case', 43 cal 903, or 'banku behary's case' 54 ind ..... on the other hand, the learned advocate-general has cited a case of undoubted authority, which conies very near to the facts of this case and which i shall ..... i am merely pointing out the altered position so that it might be remembered that the authorities represent the angle of view of a particular school which we should treat with the greatest respect, but are ..... has its own legislative councils, the subjects of the british crown are subject to the supreme legislative authority of the imperial parliament, and order xi, rule 1, sub-sec. ..... the dominion and authority of the crown was derived from many sources, in part statutory and in part prerogative, the former having their origin in acts of parliament and the latter in rights based upon conquest, cession or usage, some of which had been directly acquired and others enjoyed by the crown as successor to the rights ..... these are doctrines laid down by the leading authorities on international law; among others, by story (conflict of laws, 2nd edition, sections 546, 549, 553, 554, 556 and 586) and by chancellor kent .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1955Cal282,1955CriLJ792
..... an order remains in force, the provincial government is to pay to the municipal committee such sums as may be determined by an officer specially appointed for this purpose.section 135(1), railways act, 1890, lays down, that a railway administration shall not be liable to pay any tax to any local authority unless the central government has by notification in the official gazette declared the railway administration to be so liable and sub-section (2) provides that while such a notification is in force, the ..... section 3, railways (local authorities taxation) act, 25 of 1941 really reproduces the provisions of section 135(1) and (2), railways act, in the case of the property vested in the central government, being the property of a railway and lays down the qualifications of the person to be appointed for determining the sum to be paid by the railway- administration.it seems pretty clear from these acts that the indian legislature acted on the assumption that the crown would be bound unless excluded either expressly or by implication ..... two acts, municipal taxation act, 11 of 1881 and railways (local authorities' taxation) act 25 of 1941 have a special bearing upon the question. ..... legislature to exempt the government from any duty or tax which in its nature is not inapplicable to government, the government is specially exempted by legislation and this is specially so in regard to taxes imposed by the legislature for, the benefit of local authorities and in parti-cular municipalities. .....
Tag this Judgment!Court : Kolkata
..... -purchase transactions or the financing of such transactions; (ii) an investment company, that is to say, a company which carries on, as its principal business, the acquisition of shares, stock, bonds, debentures, debenture stock, or securities issued by the government or a local authority, or other marketable securities of a like nature; (iii) a housing finance company, that is to say, a company which carries on, as its principal business, the business of financing of acquisition or construction of houses, including acquisition or development of land in ..... to him or of the chargeable interest of any other person in respect of which he is assessable or of the amount of refund due to such other person; (b) every person who is deemed to be an assessee in default under any provision of this act; (2) assessment includes reassessment; (3) assessment year means the period of twelve months commencing on the 1st day of april, every year; (4) board means the central board of direct taxes constituted under the central boards of ..... d) being dissatisfied, the appellant preferred an appeal under section 15(1) of the act before the commissioner of income-tax (appeals) and the said authority by order dated 20th january, 1997 dismissed the same thereby holding that call money and bills rediscounting scheme with banks could not be termed as interest on loans and advances and that those were rightly included by the assessing officer in the appellants chargeable interest computed .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(2)CHN546
..... , thereafter, considered the definition of local authority has been defined under the general clauses act which is an inclusive definition and which includes 'any other authority' and has held that the university must be constituted to be any other authority within the meaning of section 3(31) of the general causes act, defining local authority.the university fund is a local fund within the meaning of section 3(1) of the general clauses act. ..... in view of the second proviso and explanation 2 to section 6(1),a provision for payment of compensation, wholly or partly, out of public revenues or some fund controlled or managed by a local authority is sine qua non for making a declaration to the effect that a particular land is needed for a public purpose, even if a public purpose is behind the acquisition for a company it shall not be deemed to be ..... which a statutory corporation arbitrarily refused to grant the sanction of loans to entrepreneurs who had already acted on the basis of the sanction, and had incurred expenditure and ..... an object also to advance loans to the companies to be established ..... we also hold that after taking loan from the west bengal financial corporation and the payment ..... department of government but is a separate legal entity and, therefore, money coming out of public revenue whether invested, loaned or granted to it would change their original character and become the funds or assets of the corporation when they are invested in or transferred or loaned to it.342. ..... loan .....
Tag this Judgment!Court : Kolkata
..... -purchase transactions or the financing of such transactions; (ii) an investment company, that is to say, a company which carries on, as its principal business, the acquisition of shares, stock, bonds, debentures, debenture stock, or securities issued by the government or a local authority, or other marketable securities of a like nature; (iii) a housing finance company, that is to say, a company which carries on, as its principal business, the business of financing of acquisition or construction of houses, including acquisition or development of land in ..... to him or of the chargeable interest of any other person in respect of which he is assessable or of the amount of refund due to such other person; (b) every person who is deemed to be an assessee in default under any provision of this act; (2) assessment includes reassessment; (3) assessment year means the period of twelve months commencing on the 1st day of april, every year; (4) board means the central board of direct taxes constituted under the central boards of ..... d) being dissatisfied, the appellant preferred an appeal under section 15(1) of the act before the commissioner of income-tax (appeals) and the said authority by order dated 20th january, 1997 dismissed the same thereby holding that call money and bills rediscounting scheme with banks could not be termed as interest on loans and advances and that those were rightly included by the assessing officer in the appellants chargeable interest computed .....
Tag this Judgment!Court : Kolkata
Reported in : [1996]85CompCas808(Cal)
..... agreement as defined in clause (c) of section 2 of the hire-purchase act, 1972 (26 of 1972) ; (iv) the carrying on of any class of insurance business ; (v) managing, conducting or supervising ..... section 45-i(c) of the reserve bank of india act is as follows :'(c) 'financial institution' means any non-banking institution which carries on as its business or part of its business any of the following activities, namely :-- (i) the financing, whether by way of making loans or advances or otherwise, of any activity other than its own ; (ii) the acquisition of shares, stocks, bonds, debentures or securities issued by a government or local authority or other marketable securities of a like nature ; (iii) letting or delivering of any goods to a hirer under a hire-purchase .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2002)80ITD9(Kol.)
..... letting or delivering of any goods to a hirer under a hire purchase agreement as defined in clause (c) of section 2 of the hire purchase act, 1972; (v) managing, conducting or supervising, as foreman, agent ..... financing of such transactions; clause (ii) defines an investment company as a" company which carries on, as its principal business, the acquisition of shares, stock, bonds; debentures, debenture stock, or securities issued by the government or a local authority, or other marketable securities of a like nature; clause (iii) defines a housing finance company as a company which carries on, as its principal business, the business of the financing of acquisition or construction of houses, including ..... rbi act, 1934, section 45-i(c) defines it as under; "(c) 'financial institution' means any non-banking institution which carries on as its business or part of its business any of the following activities, namely ; (i) the financing whether by way of making loans or advances or otherwise, any activity other than its own; (ii) the acquisition of shares, stock, bonds, debentures or securities issued by government or local authority or other marketable securities of a like nature; (iii) .....
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