Court : Kolkata
Reported in : AIR1963Cal116,67CWN361,[1962(5)FLR57]
..... an officer subordinate to chairman and as such the dismisal order was baa. this argument ignores the provisions of sections 14 and 15 of the road transport corporation act 1950, which i set out below:'14. officers and servants of the corporation (1) every corporation shall have a chief executive officer or general ..... corporation could not penalise the petitioner for misconduct not committed against itself. mr. hazra emphasised on section 47b(1)(c) of the road transport corporation (west bengal amendment) act 1959 and contended the corporation could continue suits and other legal proceedings instituted by or against the state government but not disciplinary proceedings. i ..... remain, in spite of the administrative control exercised by the state government.27. mr. hazra next invited my attention to section 47b of the road transport corporation (west bengal amendment) act 1959 and particularly to sub-section (1) clauses (f) ant) (h) thereof which read as follows:'(f) persons employed by the state .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(1)CHN241
..... )elt212(sc) ; laxmi kant v. union of india, : [1987]1scr383 and a.b.k. singh v. union of india, : (1981)illj209sc .16.1. in grih kalyan kendra workers' union v. union of india, : air1991sc1362 and literate association v. state of karnataka, : (1990)iillj318sc , the apex court held that the directive principles and the fundamental rights are to ..... , puts an embargo on the conversion of water area for other use by inserting chapter iii a to introduce section 17a in the west bengal inland fisheries act, 1984 (1984 act). section 17a(1)(b) provides that 'no person shall fill up any water area including embankment or naturally or artificially depressed land holding as aforesaid with ..... by mr. sakti nath mukherjee, learned senior counsel, appearing on behalf of sanjeevani projects (p) ltd., was that section 4c of the west bengal land reforms act, 1955 (wblr act) has no manner of application in the present case. he had also argued that the land, being land falling on the north of the canal of mouza .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2009Cal140,(2008)4CALLT420(HC),2008(4)CHN420
..... in aidal singh v. karan singh : air1957all414 and by the punjab high court in raj kishan jain v. tulsi dass and barham dutt v. peoples' co-operative transport society ltd. new delhi and we are in agreement with it.39. as noticed above, the judgment rendered by the full bench of the allahabad high court in aidal ..... 1 kb 171 at p.205(c):whenever any body or persons having legal authority to determine questions affecting the rights of subjects and having the duty to act judicially act in excess of their legal authority they are subject to the controlling jurisdiction of the king's bench division exercised in these writs.17. in the case ..... held that decision of a tribunal would be amenable to the extraordinary jurisdiction of the high court under article 226 of the constitution as and when the tribunal acts in excess of its jurisdiction, exercises the jurisdiction erroneously or on irrelevant considerations resulting into manifest injustice. in this context it would be appropriate to make a .....
Tag this Judgment!Court : Kolkata
Reported in : [1995]215ITR249(Cal)
..... there was no surplus in the said freight container unit, cochin, after adjusting the past losses and, therefore, no relief under section 80hh of the income-tax act can be given to the assessee. the assessee thereupon filed another appeal against this order of rectification under section 154 to the commissioner of income-tax (appeals). ..... business of machinery or plant previously used for any purpose in any backward area ; (iv) it employs ten or more workers in a manufacturing process carried on with the aid of power, or employs twenty or more workers in a manufacturing process carried on without the aid of power. . . . (3) this section applies to the business ..... allowed and the net total income exigible to tax is determined. first, compute the total income of the concerned assessee in accordance with the other provisions of the act, i.e., in accordance with all the provisions except section 80e ; secondly, ascertain what part of the total income so computed represents the profits and gains .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(2)CHN546
..... relevant materials by which the detaining authority could have been satisfied that the order of detention was necessary.332. in the decision reported in : air2007sc839 , hardeo motor transport v. state of m. p. and ors., the hon'ble supreme court held that the role of an explanation of a statute is well-known. by ..... advance the industrial development of the country.206. finally, he said that a part of the land is required for building houses and quarters for the workers of the factory and to give amenities to them. all these purposes are, therefore, said to be public purposes. reliance was placed by him on vol ..... police station of singur in the district of hooghly started acquisition proceedings and several notifications were issued by the state government under section 4 of the said act. one such copy of the said notification is reproduced hereunder:government of west bengaloffice of the land acquisition collector & district magistrate &collector;, hooghlynotification for acquisition .....
Tag this Judgment!Court : Kolkata
Reported in : [1970]77ITR31(Cal)
..... as legal misconduct is not necessarily the popular misconduct.50. secondly, mr. roy for the assessee has drawn analogies from the sales tax act, the arms act and the ticca tenancy act. in support of his submission on these analogies, he has referred to three cases. the first case is hossein kasam duda (india) ..... of a penalty by the income-tax officer or the appellate assistant commissioner. the minimum prescribed above is not applicable to the inspecting assistant commissioner acting under section 274 or the tribunal hearing appeals from the penalty orders passed by the inspecting assistant commissioner in such proceedings. section 274(2) provides ..... contends that the transfer of the case by the income-tax officer to the inspecting assistant commissioner is in the nature of an administrative or departmental act and only after that transfer the penalty proceeding before the inspecting assistant commissioner starts. therefore, his submission is that the commencement of the proceedings really .....
Tag this Judgment!Court : Kolkata
Reported in : [1980]122ITR72(Cal)
..... to have been initiated, and, in the absence of such publication within the statutory time, the commencement of acquisition proceedings under chap. xxa of the act will be without jurisdiction. it has also been observed that the fact that the individual notices were given to the petitioners within the prescribed period will not ..... was initially satisfied with the levy of penalty. by experience it appeared that that was not sufficient to meet the growing evil. consequently, the amending act was passed. the amending act, in these circumstances, could not be held to be beyond the range of legislative competence.' 28. in the instant case, admittedly, the assistance ..... and 31a of the constitution ofindia. it has been categorically contended that the provisions for acquisition of property as embodied in chap. xxa of the said act are beyond the legislative competence of parliament. since there was no public purpose involved in the acquisition, the petitioner also contended the action to be improper .....
Tag this Judgment!Court : Kolkata
Reported in : [1994]207ITR743(Cal)
..... the concept of a person aggrieved under article 226 with 'person interested' under section 269a(g). the petitioners have relied upon the meaning of 'person interested' in the land acquisition act, 1894, as well as in the decisions of the supreme court in sunderlal v. paramsukhdas, : [1968]1scr362 and himalaya tiles and marble (p.) ltd. v. francis victor ..... 695):'the words 'sale' or 'sold' have not been defined in the indian income-tax act, 1922. consequently, these words have to be construed by reference to other enactments. section 54 ..... the transfer of property act, 1882, a sale of immovable property has been defined in section 54 as a transfer of ownership in exchange for a price paid or promised or part paid and part promised. the supreme court has, in the case of cit v. motors and general stores (p.) ltd. : [1967]66itr692(sc) held (at page .....
Tag this Judgment!Court : Kolkata
Reported in : [1994]207ITR772(Cal)
..... fact that a property subject to such an encumbrance may be the subject-matter of a transfer within the meaning of chapter xx-c. the continuation of the workers in service would be nothing more than such a restriction of user by the transferee. the decision in c. b. gautam's case has also made it ..... would have to step into the shoes of the transferee and purchase the property subject to the same obligations and rights. the provision under section 269ue of the act which provided that property would be transferred free from all encumbrances to the central government if the central government exercised its pre-emptive right of purchase has been ..... and land reforms department informed the petitioner that the governor has exempted the excess vacant land under section 20(1)(a) of the urban land (ceiling and regulation) act, 1976, for the purpose of outright transfer to lipton subject to various conditions.5. on november 30, 1992, a supplemental agreement was entered into between the petitioner and .....
Tag this Judgment!Court : Kolkata
Reported in : [1981]130ITR593(Cal)
..... basak, j.1. in this application under article 226 of the constitution of india, the petitioner is challenging a proceeding initiated under section 269d(1) of the i.t. act, 1961, relating to acquisition of the property of the petitioner's undivided l/9th share in premises no. 6, little russell street, calcutta, and the notice issued under section ..... 269d(1) of the act dated 7th of september, 1972, and the proceeding thereunder instituted by respondent no. 1 and the notice dated 25/28th of november, 1974, issued by respondent no, 2 ..... of transfer, and, thirdly, that it was done with the objects specified in clauses (a) and (b) of sub-section (1) of section 269c of the said act.5. dr. pal stated that admittedly, in this case, for the purpose of the second and third conditions the appropriate authority has merely relied on the alleged conclusive proof and .....
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