Judgment Search Results Home > Cases Phrase: merchant shipping amendment act 2007 section 4 amendment of section 31 Court: kolkata Page 69 of about 690 results (1.212 seconds)

Lakurka Coal Company, Ltd. Vs. Jumnadass Bhagwandass

Court : Kolkata

Reported in : 33Ind.Cas.838

..... will form the subject of investigation on the re-trial. i am also of opinion that liberty should be reserved to the parties to amend the pleadings and to re-adjust the issues.54. on these grounds, i agree that the appeal must succeed and the case be ..... callings to which they relate, and it necessarily looks to these usages to ascertain the real thought of the contract. it finds that merchants do not write all the terms of their contracts, but rely upon the knowledge and good faith of one another as to matters ..... should you feel glad to arrange to complete our contract during the said period. but as we anticipate that you will still fail to act up to your promise as you have already done, we shall have to adopt measures for the same.30. to which the letter ..... the only use of citing such cases is where they lay down the rule as to such implications, upon which the court will act in dealing with the particular case before it. i have for long time understood that rule to be that the court has no .....

Golab Koer Vs. Badshah Bahadur

Court : Kolkata

Reported in : 2Ind.Cas.129

..... that extent it is erroneous, and may, therefore, be re-heard, appealed from or otherwise reviewed, as in the case of a contested decree or, the court may on motion amend or rectify the decree.14. the principle is similarly enunciated in fletcher or equity, pleading and practice, section 104, and black on judgment, section 319, in which it is pointed ..... b.l.r. app. xi : 2 w.r. 1.3 and gilbert v. endean 9 ch. d. 259. the first of these cases is a decision of their lord- ships of the judicial committee, and, if it really decides that an application for review of judgment is the appropriate procedure by which a consent-decree can be assailed, the matter ..... the remedies are inconsistent, as when one action is founded on affirmance and the other on disaffirmance of a voidable contract for sale of property. in such cases, any decisive act of affirmance or disaffirmance, if done with the knowledge of the facts, determines the legal rights of the parties once for all. before a case can arise for the .....

Ruby General Hospital Limited and Others Vs. Sajal Dutta and Others

Court : Kolkata

..... second-hand medical equipments supplied by appellant 1 was reversed. then the appellants filed application under sections 397 and 398 of the act before clb. clb directed the respondent company, to amend audited balance sheet as on 31-3-1998 and restore capitalisation of secondhand medical equipments supplied by appellant 1 which was reversed ..... company is directed to hold and complete the annual general meetings for the relevant financial years within eight weeks of the previous annual general meeting. the amended articles of association of the company would apply and the injunction sought in respect of the business transacted at the extraordinary general meeting of august 18, ..... management of the company. in 2007 sajal had filed another application before the company law board inter alia, under section 397 and 398 of the companies act, 1956 complaining of oppression. now, it appears that because of these disputes between the two brothers and the prolonged litigation, the 7th to 12th annual .....

Sri Sri Iswar Sridhar Jieu Thakur Represented by His Shebait Jyoti Pro ...

Court : Kolkata

Reported in : AIR1945Cal268

..... 12th march 1941, by the judgment of mukherjea and biswas, jj. in nirmal chandra v. jyoti prosad : air1941cal562 thereupon, on 23rd june 1941, kumar krishna made an application for amendment of his plaint. in the plaint as originally framed he had based his claim solely on the niyogapatra ex. l, which his father had executed in his favour on 80th ..... october 1933, in exercise of the power of appointment conferred by bidhu bhusan's will. upon nirmal's removal from shebait-ship, kumar krishna claimed in the alternative that he should be declared to have succeeded to his father in the office as the eldest of his heirs in terms of ..... deity. it is dotibtless a fact that jyoti prosad had already been appointed a shebait in harimohan's place and it also appears that he had been claiming to act and acting in that capacity ever since his appointment. but as the plaint itself will show, neither nirmal nor tushar banjan admitted his claim, and it was not to be .....

Shuk Lal Poddar and anr. Vs. Bikani Mia

Court : Kolkata

Reported in : (1893)ILR20Cal116

..... dependent entirely on an answer to the question submitted, were not in accordance with the rules of this court, and in this respect the order of reference was amended in the course of the argument of the learned counsel for the appellant so as to leave the decision of the appeals to the full bench. but even ..... any one of his relations who may be intelligent and of good reputation, provided he shall be resident in bombay, otherwise the guardianship shall rest with any shiraz merchant of good reputation. the suit related to the appointment of a mutwalli, but the wakfnama shows that the endowment was strictly for religious and pious purposes, although the ..... and nominal or pretended wakfs, i feel bound to state in precise terms what appears to me to be the mahomedan law, especially as the transfer of property act leaves untouched the mussulman law relating to dispositions of property. the mussulman law supplies ample safeguards against fraud. it declares that if a property which is already .....

Sri Sri Sridhar Jew Vs. Manindra K. Mitter and ors.

Court : Kolkata

Reported in : AIR1941Cal272

..... the idol and trustee and based upon the execution of that deed a special plea that it extinguished the occupancy rights.49. in the court of first instance the amendment was allowed, and a plea thus introduced which if successful would of course deprive the deity of its property and its thakurbari, but without making the deity or the ..... left in 1915. the neighbourhood had become non-hindu. the family dwelling house was rented as to the pink portion, that is the bulk of the building, to mahomedan merchants, and it is my finding that the family did not keep their family deity in the blue portion, nor, as dramatically described, did the old lady venture forth by ..... the following grounds : (1) that the integrity of hindu law has been expressly preserved by statute, (2) that the statutes relating to trusts such as the trusts act, the trustees act and so forth, all in some terms or other purport to disclaim relation to hindu trusts or hindu religious trusts. (i said i would add to my judgment on .....

Deputy Commissioner of Income Tax Vs. General Electric Co. Plc.

Court : Kolkata

Reported in : (2001)71TTJ(Cal)973

..... of these cases. it was also stated that the ratio of sunil siddarthbhais case (supra) in no longer good law, in view of the specific amendments in the statute by introducing section 45(3) of the act. similarly, judgments in the case of madura mills co. ltd. (supra) and gopal jain & co.s (supra) were found to be not ..... united kingdom.14. we have further noticed that art. 14 of the aforesaid dtaa provides that, 11 except as provided in art. 8 (air transport) and art. 9 (shipping) of this convention, each contracting state may tax capital gain in accordance with the provisions of the domestic law. in other words, the taxation of capital gains was not protected ..... route created by the virtue of honble supreme courts judgment in the case of sunil siddarthbhai. as rightly observed in the aforesaid cbdt circular, the effect of this amendment is that profit and gains arising from the transfer of a capital asset by a partner to the firm shall be chargeable as the partners income of the previous .....

……plaintiff/Petitioner Vs. Chatterjee Petrochem

Court : Kolkata

..... agreements between the shareholders to the petitioners; m) .. n) after allotment of the shares to ioc the above two companies filed an application for amendment of the petition to challenge the allotment in favour of ioc seeking cancellation thereof. these two companies complained of mismanagement and oppression. according to them ..... or incapable of being performed. . mr. pratap chatterjee, learned senior advocate appearing for the plaintiff submitted that the power under section 45 of the act could be invoked to stop the foreign arbitration. he submitted that the arbitration agreement dated 12th january, 2002 had become null and void, inoperative and ..... other proceeding connected therewith or incidental thereto. (c) a decree of permanent injunction prohibiting the defendant no.8, its agents, officers and employees from acting upon and further proceeding with any proceeding pursuant to the impugned arbitration agreement dated january, 12, 2002 and the request for arbitration dated march 21, .....

The State of West Bengal Vs. Afcons Pauling (India) Ltd.

Court : Kolkata

..... under claim no.5, it is submitted that there is no dispute that there has been an increase in the value of the work done consequent upon statutory amendments after submission of tender. it is submitted that the arbitral tribunal has taken into consideration that there had been changes in the indirect tax structures compared to those ..... award is pervers.arbitrary, capricious and/or unreasonable the court cannot interfere. when a court is applying the public policy test to an arbitration award, it does not act as a court of appeal and consequently errors of fact cannot be corrected. a possible view by the arbitrator on facts has necessarily to pass muster as the ..... no right to review it or to consider it .. although the above decision was rendered in the context of the old 1940 act but the said decision is equally and more effectively applicable under the 1996 act. the court is not hearing an appeal from the award. the recent decision of the hon ble supreme court in associated builders .....

Ambuj Biswas and ors. Vs. Sudhangshu Dubey.

Court : Kolkata Appellate

..... take a plea of tenancy but subsequently he changed his mind and took the plea of adversepossession and after that the defendant incorporated another story by way of amendment of the written statement that 6 annas share in the suit property had vested in the state. the learned trial court found that the defendant has not ..... construction made by the plaintiff was not in accordance with the law, and, therefore, the licensee is not liable to be evicted. the learned lower appellate court acted without any basis in coming to the finding that the defendant had made the constructions in the suit property. the sanctioned plan produced by the plaintiffs, at least, ..... which the defendant was granted licencein respect of the suit property the plaintiffs suit for eviction could nothave been dismissed. the learned lower appellate court, it appears, acted on surmises and conjectures while coming to a finding that the p.w.3 was purchased by the plaintiffs after the plaintiffs found that the said manindra nath .....