Judgment Search Results Home > Cases Phrase: merchant shipping amendment act 2007 section 4 amendment of section 31 Court: kolkata Page 60 of about 690 results (0.196 seconds)

Qamrul Hoda Vs. Md. Wakil Khan and ors.

Court : Kolkata

..... not been taken as a ground of defence. thus he contends that the cumulative effect of article 58 and section 3 of the limitation act is that the court is empowered to dismiss the amendment application having been barred under the law of limitation. 8. having heard the submission as aforesaid, it appears that the trial court has ..... the deed of conveyance dated 5.7.1993 is illegal and void which is barred under article 58 of the limitation act and such an amendment cannot be allowed. he strenuously argues that section 3 of the limitation act provides that the suit including the counter-claim shall be dismissed by the court if found to be barred by ..... rejected the said application for amendment as the relief sought to be incorporated by way of amendment is barred under article 58 of the limitation act. 9. the dispute as it galore from the original pleadings of the parties is that the opposite parties claim .....

Calcutta Port Shramik Union and ors. Vs. Board of Trustees of Calcutta ...

Court : Kolkata

Reported in : (2002)IIILLJ1098Cal

..... by a resolution dated october 30, 1972, the retirement age of class iv employees was reduced from 60 years to 58 years. the fundamental rules was amended by fundamental (amendment) rules, 1998, amending rule 56 by a notification dated may 13, 1998 providing for retirement age on the attainment of 60 years by a government servant. the calcutta port trust ..... to frame its own service rules. the adoption of the fundamental rules was in exercise of this power conferred upon it under section 31(3) of the said act. this did not preclude the board to frame its own rules or deviate from fundamental rules. the adoption of fundamental rules was in effect a legislation by adoption. ..... time, will be automatically applicable to cpt employees as those can be adopted through the port trust requirement and are not inconsistent of the provision of the calcutta port act. thus, in an agenda item no. 14 in may 1988, it was pointed out that the retirement age be enhanced from 58 years to 60 years. accordingly, .....

Juggilal Kamlapat Udyog Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : (2005)199CTR(Cal)134

..... [2002]257itr443(cal) .7. mr. dipak deb, learned counsel for the revenue, contended that new law after amendment of section 145 specifically prohibited maintenance of accounts in hybrid system and even under the old act, the proviso entitled to the assessment officer to reject such maintenance of accounts and in the present case the authorities ..... said amendment was not available and the hybrid system was permissible. it is contended that, therefore, the authorities concerned erred ..... recognises such maintenance of accounts in hybrid system under section 145 of the income-tax act, 1961, as it was prevailing at the relevant point of time. this practice has been disapproved subsequently when the said section 145 was amended with effect from april 1, 1997. but in respect of the relevant year, the .....

Dass Estate Pvt. Ltd. Vs. Karar and Company

Court : Kolkata

..... not permissible.10. learned advocate mr. santanu das for the appellant has accordingly submitted that learned first appellate court should have rejected the prayer for amendment of w.s. filed by robin karar on the ground of producing additional evidence to establish that his brother ganesh karar and not him was the ..... 23rd of june, 2005. in the said judgment learned first appellate court allowed the prayer for amendment of w.s. filed by respondent/defendant observing that plaintiff/landlord and defendant robin karar made unholy nexus in between themselves to procure a decree of eviction ..... for drawing an appropriate proceeding against defendant robin karar for filing false affidavits in court knowing the same to be false. learned appellate court disposed of the amendment petition filed by respondent/defendant robin karar and the petition under section 340 cr. p. c. filed by the appellant/plaintiff by the impugned judgment dated .....

Sm. Dhiraj Bala Karia Vs. Jethia Estate Pvt. Ltd.

Court : Kolkata

Reported in : AIR1983Cal166,87CWN131

..... satyanarayan chatterjee, (1949) 53 cal wn 340, which had held that the decision in re: kalipada mukherji (supra), had become obsolete in view of the amendment of section 17 of the court-fees act by bengal act vii of 1935. das, j. with reference to section 17(2) observed 'in my opinion, the second part of the clause clearly shows that the relief ..... prays for the same.21. the sub-sections (1) and (2) of section 21 of the west bengal court-fees act are pari materia with sub-sections (1) and (2) of section 17 of the court-fees act, 1870 as amended for bengal. there is no direct decision of this court regarding the applicability of section 17(2) of the court-fees ..... lease in respect of the suit premises (described in the schedule to the plaint) in favour of the plaintiff and to do acts for registration thereof and to put the plaintiff in full possession of the property'. the plaintiff in amended para (13) of her plaint has avered that for purposes of court-fees, the suit is valued at rs. 100/- for .....

Naresh Chandra Bose Vs. Sachindra Nath Deb and ors.

Court : Kolkata

Reported in : AIR1956Cal222,60CWN802

..... territory of india as defined in article 1(3) and not adapted under article 372(2); (vi) article 395 expressly repeals the indian independence act together with all enactments amending or supplementing the act. 5. the indian independence act, 1947, though meant to bring about a transformation of british india into two dominions and as such of a transit tional nature, is not by ..... independence (legal proceedings) order, 1947, and the other orders all of which were made under different provisions of the indian independence act, 1947, except those which amended or supplemented the government of india act, 1935, subsisted at the date when this act came into force i.e. on 23-2-1952, and would be still in force after that date unless they are repealed .....

M/S. Abl Ltd., Durgapur, Burdwan Vs. Radha Gobinda Ghatak and ors.

Court : Kolkata

Reported in : (2000)2CALLT302(HC),1999(1)CHN645,[2000(86)FLR721],(2000)ILLJ686Cal

..... is further stated that mere financial crisis can not be just ground for allowing interim relief to the workman.'14. however, the appellant filed an application for amendment of the written statement on or about 30th september, 1996, inter alia, by inserting paragraph 5a therein which is to the following effect :--'without prejudice to ..... being the appropriate government, in exercises of its power conferred upon it under section 10(1)(c) read with section 12(5) of the industrial disputes act referred the following issue for adjudication before the tribunal below :--'whether termination of service of shri radha coblnda ghatak, assistant printing man is justified? what relief, ..... appellant. the terms and conditions of service of the workmen were governed by the standing order of the company certified under the industrial employment (standing orders) act, 1946. clause 2 of section c of the said certified standing order deals with termination of employment of the workman. clause 2(iii) of the said .....

Commissioner of Wealth-tax Vs. Rajendra Singh Singhi

Court : Kolkata

Reported in : [1969]72ITR245(Cal)

..... assessee had been denying his liability to pay the same.7. before the appellate assistant commissioner it was contended that the amendment to section 2(m) of the wealth-tax act introduced by the finance act of 1959 was ultra vires the constitution and, moreover, since the income-tax officer had started certificate proceedings for recovery of ..... by certificates for the tax arrears it did not cease to be arrears of taxes. so far as the amendment of section 2(m) was concerned, the appellate assistant commissioner observed that the wealth-tax act did not make a distinction between taxes covered by a certificate proceeding and a demand not covered by such coercive ..... assessee became a certificate debtor; the amount specified in the certificate became a certificate debt recoverable as an arrear of land revenne under the public demands recovery act; and the amount specified in the certificate could no longer be regarded as ' tax payable in consequence of any order passed under or in pursuance of any .....

Shankarlal Majumdar Vs. State of West Bengal

Court : Kolkata

Reported in : AIR1994Cal55,(1994)1CALLT121(HC)

..... that the question of jurisdiction should have been raised by the petitioner (respondent state) at the hearing of the appellant's application under s. 20 of the arbitration act, and the respondent state accepting the order of the court, referring the disputes including the disputes adjudicated upon by the arbitrator cannot raise this objection.17. the learned ..... pat 348. mr. chakraborty has submitted that air 1984 patna 348 is a decision taking into account the amendment of 0.41, r. 22 of the code of civil procedure and also the explanation introduced by such amendment.13. the next submission of mr. chakraborty is that the impugned award is a speaking award and the ..... by learned single judge of this court taking arbitration matter.2. the respondent state of west bengal made an application under ss. 30 and 33 of the arbitration act for setting aside an award dated 17th september, 1983 passed by the sole arbitrator, a retired judge of this court. the respondent state of west bengal challenged .....

Rejeshwar Mahato Vs. the Eighth Industrial Tribunal, West Bengal

Court : Kolkata

Reported in : (1998)1CALLT297(HC),[1998(79)FLR406],(1998)IIILLJ777Cal

..... excluded. but now, the figure of rs. 500/- has been raised to rs. 1600/-. this substitution has been made by section 2(s) of the west bengal amending act, 1984 with effect from 21.8.84 which is set out herein below :--'who, being employed in a supervisory capacity, draws wages exceeding one thousand rupees per mensem or ..... of 1980 was first published in the calcutta gazette extraordinary onthe 2nd september, 1980. clause iv of section 2(s) of the industrial disputes act, 1947 was amended or substituted by the amending act 46 of 1984 with effect from 21.8.84. as it has been mentioned before in clause iv previously persons employed in supervisory capacity drawing exceeding ..... esi card.27. in my view, the interpretation as made by the tribunal relating to the repugnancy of the west bengal act in relation to the west bengal amendment made in 1980 in relation to the amending act does not appear to be correct. it also appears to me that the tribunal wrongly applied the principles enunciated by the .....