Judgment Search Results Home > Cases Phrase: national commission for safai karamcharis act 1993 Court: kolkata Page 7 of about 95 results (0.053 seconds)

State of West Bengal and ors. Vs. Pradip Kumar Agasti and ors.

Court : Kolkata

Reported in : 2006(4)CHN25

..... that apart, no document was ever produced before the learned arbitrator to show that this land was a forest land and was included in the declaration under the forest act at any point of time before or after requisition, (subsequent declaration after requisition would not affect the claimant's right and after acquisition the land did not remain a forest land), nor ..... although there is no provision in the 1952 act for awarding interest, but the power to determine compensation unlike la act, sub-clause (d) of section 8(1) of 1952 act provides for 'fair amount of compensation' whereas sub-clause (e) widens it further by empowering the arbitrator to award an amount, which appears to him to be just having regard to the ..... the claimant shall be entitled to payment of interest at the rate of 6% per annum simple from the date of notification for acquisition till the date of deposit of the money/compensation by the collector in terms of the court's order and upon ..... it provides in sub-section (1) that in case no agreement could be arrived at between the parties, the question of compensation both for requisition and acquisition shall be referred to an arbitrator and the arbitrator shall, make on award determining the amount of compensation, which appears to ..... electric power commission air 1928 ..... india : [1993]2scr969 , the apex court had held that the solatium is not available under the rajasthan land acquisition act (act 24 of ..... of india : [1993]2scr969 following atmaram ..... : jt 1993 (5) sc ..... 1993 .....

West Bengal Registration Copywriters' Association Vs. State of West Be ...

Court : Kolkata

Reported in : 2007(2)CHN721

..... order unless it is confirmed by the district registrar;(iii) a licensee so debarred from writing out copies in terms of sub-clause (ii) by any registering officer, may submit his prayer for restoration of his right to write out copies of documents to the district registrar who granted him the licence, through the registering officer who debarred him from writing out copies, giving specific reasons ..... for his non-compliance with the provisions of this clause and clauses (c) and (d);(iv) the district registrar, after giving adequate opportunity to the copywriter, who is accused of guilt, ..... has enacted the statuary rules in exercise of power conferred upon it under the registration act for due compliance of the provisions of the said act and has decided to take the services of the writ-petitioners for the benefit of the government but without recognising them in terms of the provisions ..... the apex court specifically held that although the 'kurk amin' appointed on commission basis, were paid remuneration out of revenue recovered by them, were, nevertheless ..... . in our view, in the case before us, the applicants are not serving the nation temporarily and the duties they are required to do are all permanent in nature so long the law of registration will be in force and the nature of job entrusted ..... 1993 ..... 1993 .....

P. Viswanathan Vs. Dr. A.K. Burman and anr.

Court : Kolkata

Reported in : 2003CriLJ949

..... are powers conferred on the specified officers by statute and in the last analysis, there are powers which can be properly characterized as sovereign powers; and so, there is no difficulty in holding that the act which gave rise to the present claim for damages has been committed by the employee of the respondent during the course of its employment; but the employment in question being of the category which can claim the special characteristic of sovereign ..... was held amongst other that the officers of the lucknow development authority were not immuned from tortuous liability and then proceeded to say that the national consumer disputes redressal commission was not only entitled to award value of the goods or services but also to compensate a consumer for injustice suffered by him. ..... we find from the textbook of de smith in judicial review of administrative action, while speaking of tort of misfeasance in public office, says as under :'a public authority or person holding a public office may be liable for the tort of misfeasance in public office where :(1) there is an exercise or non-exercise of public power, whether common law, statutory or from some other source;(2) which is either (a) affected by malice towards the plaintiff or (b) the ..... could get himself released by the aforesaid order dated 13th december, 1993 as he filed a writ petition for quashing of the fir. ..... had to remain in custody for about 100 days before he was granted bail by the court on 13th december, 1993. .....

Gkw Limited Vs. Commissioner of Income Tax,

Court : Kolkata

..... in force, of the management of any property or business; (iii) income derived by a trade, professional or similar association from specific services performed for its members; (iii-a) profits on sale of a licence granted under the imports (control) order, 1955, made under the imports and exports (control) act, 1947 (18 of 1947); (iii-b) cash assistance (by whatever name called) received or receivable by any person against exports under any scheme of the ..... with reference to the duty-free import entitlement on the basis of the exports made by the appellant during the financial years 1993-94 to 1996-97 on the assumption that the appellant would actually receive the import licence and utilise the same within the validity ..... the duty remission scheme under the export and import policy formulated and announced under section 5 of the foreign trade (development and regulation) act, 1992 (22 of 1992); (iv) the value of any benefit or perquisite, whether convertible into money or not, arising from business or the exercise of a profession; (v) any interest, salary, bonus, commission or remuneration, by whatever name called, due to, or received by, a partner of a firm from such firm: 9. ..... chargeable under the head capital gains; (ii) any sum received as compensation, from the multilateral fund of the montreal protocol on substances that deplete the ozone layer under the united nations environment programme, in accordance with the terms of agreement entered into with the government of india. .....

Monisha Roy and ors. Vs. Biplab Sengupta and ors.

Court : Kolkata

Reported in : 2007(2)CHN636

..... union of india reported in : [1988]171itr254(sc) , it was held as follows:wherever a right, not pre-existing in common law, is created by a statute and that statute itself provided a machinery for the enforcement of the right, both the right and the remedy having been created uno flatu and a finality is intended to the result of the statutory proceedings, then, even in the absence of an exclusionary provision ..... opposite parties filed an application under order 39 rules 1 and 2 read with section 151 of the civil procedure code praying for an order of temporary injunction restraining the petitioners from causing any repairs or changing the nature and character of the premises.9. ..... court observed:where there is an express bar of the jurisdiction of the court, an examination of the scheme of the particular act to find the adequacy or the sufficiency of the remedies provided may be relevant but is not decisive to sustain the jurisdiction of civil court.where there is no express exclusion the examination of the remedies and the scheme of the particular act to find out the intendment becomes necessary and the result of the inquiry may be decisive. ..... foreign compensation commission reported in 1969(1) air 208 in support of the contention that there is need for giving a wide interpretation to the word ' ..... national insurance ..... reported in : [1993]3scr522 and submitted that ouster of jurisdiction of the civil court should not be readily inferred unless it is expressly excluded or impliedly .....

Commissioner of Income-tax Vs. Balarampur Commercial Enterprises Ltd.

Court : Kolkata

Reported in : (2003)183CTR(Cal)578,[2003]262ITR439(Cal)

..... therefore, the said decision does not help us in the present facts and circumstances of the case inasmuch as it was the act and conduct of the parties which were relevant and on such act and conduct it was found not to come within the scope and ambit of the proposition laid down in the case of state bank of travancore's case : [1986]158itr102(sc) . 13. ..... ' after having discussed the facts, it observed further that (page 145) : 'shoorji vallabhdas's case must be understood on the footing that because of the desire in november, 1947, the commission did not accrue at the end of the accounting year. ..... had accrued, yet it cannot be said to have been accrued in reality even if the mercantile system is followed when in reality no interest had accrued and subsequent revival would not make the same liable to tax and for that particular year it may be liable to tax after it succeeds and the amount is received by the assessee. ..... in united bank of india's case [1993] 69 taxman 505 (cal), this court had held that (headnote): 'the accounts of a company are generally made up for every year after a particular date at a later point of time. ..... in this background the question has to be looked into as to whether the interest for the period july 1, 1986, till june 30, 1987, could be charged to tax and liable to be added to the returns submitted by the assessee. mr. .....

Commissioner of Income-tax Vs. Jardine Henderson Ltd.

Court : Kolkata

Reported in : [1994]210ITR981(Cal)

..... court :'whether, on the facts and in the circumstances of the case, the tribunal was right in holding that no part of the interest paid could be said to be an expenditure laid out or expended wholly and exclusively for the purpose of making or earning income from dividends and that the entire amount of interest paid should be allowed as a deduction in computing the profits and gains of the assessee's business ?'6. ..... court, on similar facts, held that interest paid on the borrowal with which the shares were purchased in the managed company for the purposes of carrying on its managing agency business should be allowed under section 10(2)(iii) of the indian income-tax act, 1922 (corresponding to section 36(1)(iii) of the income-tax act, 1961), and no portion of the said interest can be deducted in the computation of dividend income.12. ..... held that the entire amount of interest so paid could not be deducted from the business income and that a portion of interest relatable to that portion of the borrowed amount which was utilised for investments in shares had to be disallowed as a deduction from business income and could be allowed only as a deduction from the dividend income and interest on securities. ..... is evident from the comparatively small amount of dividend which the assessee received compared to the large amount of managing agency commission which the assessee received during the various previous years. ..... national and ..... : [1993]202itr559(cal) ) where the judgment was delivered on .....

In Re: Asit Kumar Dasgupta, C.M.M.

Court : Kolkata

Reported in : (1997)2CALLT128(HC)

..... the order issuing show cause notice dated 6.6.96 and from the rule issued on 9.7.96 that the appellant was proceeded with under section 14 of the said act for committing criminal contempt on the basis of the words alleged to have been used by him against the chief justice of this court and communicated to the ..... seen the alleged conversation between the appellant and the learned single judge, even if may be considered to amounting to contempt of court cannot be held to fall within the purview of section 14 of the act because undoubtedly this act attributed allegedly to the appellant of conversing with learned single judge on telephone was not committed 'in the view of the court', that is it was not committed in or near about a court room where a ..... expressions again take us to only one conclusion and that is that the act of omission or commission has been committed in the course of judicial proceedings or, when the judicial proceedings ..... the learned additional solicitor general has further submitted that the alleged criticism with regard to the procedure, calling for copies of judgment for the purpose of consideration of eligibility for grant of extension of service beyond 58 years really amounts to an expression of opinion of an individual and the communication of the same was restricted to the appellant and the learned judge and ..... privy purses were criticised because of the view taken by supreme court which according to the speaker was contrary to the whole national upsurge. ..... 1993 .....

Hdfc Bank Vs. Chaumkaur Singh and Another

Court : Kolkata

..... the anomaly is evident in the decree-holders not incorporating the amount awarded in lieu of possession in the tabular statement but seeking sale of the vehicle and for the proceeds being retained in pro tanto satisfaction of the decretal debt insofar as the award provides on account of failed installments, interest, costs and mesne profits. ..... in case of an arbitral award where the execution application is the first application pertaining to the reference that is brought to a civil court, every principal civil court of original jurisdiction other than those excluded in section 2(1)(e) of the act would have the authority to receive the execution if a suit covering the subject-matter of the arbitration could have been received by such court. ..... decree-holder proceeded to cross-examine this person, despite the constant request by court to be more humane, smacked of the arrogance of the influence that finance companies wield that had resulted in a man being detained for 22 days when the warrant of arrest required him to be present in court on a particular date with no mandate to take him into custody during the interregnum. ..... the law commission relied on the bombay judgment in shaba yeshwant naik for the proposition that a court could not execute a decree in which the subject-matter of the suit or application for execution is situated entirely outside its ..... national insurance company, ltd (air 1932 cal 213) and relied on the reasoning in sakti nath roy ..... low); (1993) 1 cal lj 163 (adhish .....

Ratanlal Nahata Vs. Nandita Bose

Court : Kolkata

Reported in : (1998)3CALLT348(HC)

..... notwithstanding anything hereinbefore provided an appeal shall lie to the said high court from a judgment of one judge of the said high court or one judge of any division court, pursuant to section 108 of the government of india act made on or after the first day of february one thousand nine hundred and twenlynine in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of appellate jurisdiction by a court subject to the ..... of the cpc which corresponds to order 41 rule 5 it was held that 'no other judge or judges of the court, excepting the judge or judges who was or were parties to the original judgment, shall hear the application for review if the judge or judges or any one of them is still attached to the court, so that it seems to me that although the chief justice of this court has in general the duty cast upon him of appointing ..... in paragraph 16 of the said judgment at page 24 of the said report observed as follows:--'it is also to be kept in view that while exercising original jurisdiction under contempt of courts act, 1971 in connection with civil contempt of its own orders the high court is not exercising any review jurisdiction wherein stalutorily the proceedings may have to be placed for decision of the same judge or judges if they are available. ..... this case, however, we may place on record that we have come across an order dated 26th november 1993 passed by the supreme court of india in civil appeal no. ..... in national saving .....