Judgment Search Results Home > Cases Phrase: national environment tribunal act 1995 section 18 distribution of business amongst the benches Court: kolkata Page 1 of about 5 results (0.076 seconds)

State of West Bengal and ors. Vs. Sanjeevani Projects (P) Ltd. and ors ...

Court : Kolkata

Reported in : 2006(1)CHN241

..... . the post forty-second amendment era saw a number of legislations being enacted -- environment (protection) act, 1986, air (prevention and control of pollution) act, 1981 and national environment and tribunal act, 1995 ..... . manick das learned counsel for the pollution control board, that in exercise of powers conferred under section 3(1) and section 3(2)(v) of the environment (protection) act, 1986 read with rule 5(3)(d) of the environment (protection) rules, 1986 issued a notification on 27th january, 1994 published in the official gazette (annexure 'x' to the affidavit of pollution control board) prohibiting expansion or modernization activity exceeding the pollution load listed in schedule i except with the environmental clearance by the central government in accordance with the procedure prescribed in the said notification ..... mukherjee's contention that in the absence of any specific notification under section 1(3) of the wblr act, 1955, section 4c of the wblr act cannot be enforced, has since been answered the division bench of this court in the case of vassanti devi pandey v. ..... . the concern should equally be distributed for the human beings who also deserve compassion no less than the living creatures in case living creatures do not encompass human beings ..... the commercial activities of some people may be a fundamental right for them to carry on business. .....

M/S. Shyam Sel Ltd Vs. Deputy Commissioner of Income Tax, Cc Xiii, Kol ...

Court : Kolkata

..... (b) whether on the facts and circumstances of the case, the income tax appellate tribunal has erred in law in not construing the provision of section 37 of the income tax act, 1961 in passing the impugned order? ..... the payment in this case was for the purpose of compensating the damage to the environment and this compensation has been recovered on the polluter pays principle adopted by the organization for economic cooperation and development which has been recognized both in the judgment of m.c.mehta (para11) and in the judgment of green tribunal referred to above by ..... the national green tribunal in the case of state pollution control board versus m/s.swastik ispat pvt.ltd.and ors.he drew our attention to paragraph 33 wherein the practice of insisting upon furnishing a bank guarantee has been discussed, which reads follows :- the procedure normally adopted by the board is to permit the industrial operations for a definite period upon furnishing of bank guarantee for compliance and compensation, if required, and during integrin permitting the industry to comply with the various directions and the ..... any expenditure (not being expenditure of the nature described in sections 30 to 36 [***].and not being in the nature of capital expenditure or personal expenses of the assessee).laid out or expended wholly and exclusively for the purposes of the business or profession shall be allowed in computing the income chargeable under the head profits and gains of business or profession . .....

Gkw Limited Vs. Commissioner of Income Tax,

Court : Kolkata

..... account of transfer of the right to manufacture, produce or process any article or thing or right to carry on any business, which is 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 ..... section 260a of the income-tax (act), 1961 is at the instance of an assessee and is directed against order dated august 28, 2003 passed by the income-tax appellate tribunal, c bench, kolkata in income-tax (appeal) being ita no.1153 (cal) of 2001 for the assessment year 1997-98 dismissing the appeal filed by the ..... the business of generation or generation and distribution of power; or (v) the amount of profits derived by an industrial undertaking located in an industrially backward state or district as referred to in subsection (4) and sub-section (5) of section 80-ib, for the assessment years such industrial undertaking is eligible to claim a deduction of hundred per cent of the profits and gains under sub-section (4) or subsection (5) of section 80-i; or (vi) the amount of profits derived by an industrial undertaking from the business of developing, maintaining and operating any infrastructure facility as defined as defined in the explanation to sub-section (4) of section 80-ia and subject to fulfilling the ..... the appellant with effect from october 01, 1995 and become a division of the .....

C. I. T. Kolkata Ii Vs. Orient Paper and Industries Ltd.

Court : Kolkata

..... the land disposal technology called high rate exaporisation system was developed by the national environment research institute, nagpur. ..... has once again come up in appeal proposing the following questions; a) whether in the facts and in the circumstances of the case, the learned income tax tribunal erred in law in not appreciating that the payments under vrs inures long term advantage to the assessee having capital expenditure in nature and in confirming the order of the deputy commissioner of income tax(appeal-iv) whereby the deputy commissioner of income tax(appeal-iv) set aside the disallowance by the assessing officer the claim of the respondent/assessee on account of vrs payments as revenue expenditure ..... b) whether in the facts and in the circumstances of the case, the learned income tax tribunal erred in law in not appreciating that the pre-plantation expenditure are of capital nature and in confirming the order of the deputy commissioner of income tax (appeal-iv) allowing the pre-plantation expenditure claimed by the respondent/assessee as revenue expenditure?. ..... the tribunal did not record any categorical finding that the expenditure resulted in any appreciation of the assets or was unrelated to the business activities of the assessee. ..... the amount was deductible under section 37 of the income-tax act, 1961. ..... (appeals) however, reversed the order disallowing the expenditure holding that the expenditure was allowable under section 37. .....

Madhab Saha and ors. Vs. State and ors.

Court : Kolkata

Reported in : 2006(1)CHN59

..... order of the hon'ble division bench is not the ratio, for the proposition that the transport authorities have no power to impose conditions under chapter v of the act, including sections 72(2)(xxiv) and 74(2)(xiii) of the act touching upon pollution control measures as a condition for granting permit, in the event the operator/intending operator satisfies the pollution control norms specified by the hon'ble division bench in that ..... in respect of vehicles manufactured on or after six months from the date of their final publication in the official gazette; and(b) in respect of the 'four wheeled transport vehicles' which are plying on inter-state permits or on national permits or on all india tourist permits within the jurisdiction of national capital territory of delhi and in respect of any vehicles in other areas of the country from such date as the central government may, by notification appoint in the official gazette; and different dates may be appointed for different ..... en/867/1e-50/2000 (pt.1) dated 4th june, 2001 issued by the government of west bengal, department of environment, the state government had adopted the same norms in exercise of powers under sections 17(1)(g) and 20 of air (prevention & control of pollution) act, 1981 for 'all four-wheeled vehicles (other than passenger vehicles) with gvw equal to or less than 3500 kg and vehicles with gvw exceeding 3500 kg' and has directed registering authorities in kolkata ..... sta tribunal : [1964]7scr1 ..... chhawna : (1995)1scc156 and .....

Tushar Kanti Ray Vs. Second Industrial Tribunal and ors.

Court : Kolkata

Reported in : (2004)IIILLJ1065Cal

..... once it is done the tribunal shall re-examine all the aspects, as the findings and observation of the learned tribunal while exercising jurisdiction under section 33 of the said act does not reach finality nor the same operate as resjudicata. ..... therefore, if it is found at least prima facie, that the tribunal itself has committed an error or failed to discharge its statutory obligation by not following the proper] procedure conforming to the principle of natural justice, the workman can very well :some with the writ petition though he can raise in industrial dispute under section 10 of the ;aid act. ..... fifth industrial tribunal (supra), after considering large number of supreme court decisions as well as those of this court has held amongst others as follows:'there are certain pre-requisites to be satisfied before permission or approval is , accorded to the employer for discharging or dismissing a workman during the pendency of the proceeding before the concerned authority. ..... the aforesaid decision came :to be rendered on reference being made by mother bench of the supreme court observing :hat there was conflict between the two' decisions rendered in case of shambhu nath goyal v. ..... in support of his contention he had relied on the following decisions: all india punjab national bank employees' federation v. ..... punjab national bank : (1959)iillj666sc ; associated cement co. ..... national engineering industries ltd. .....

M/S. Overland Investment Ltd. and Etc. Etc. Vs. State of West Bengal a ...

Court : Kolkata

Reported in : AIR1997Cal18

..... of alternative remedy is concerned on scrutiny of the provisions of the reserve bank of india act as well as the said directives it does not appear to us that the reserve bank of india has made any provision for framing of the scheme and setting up any machinery for the purpose of refunding of the money belong to the depositors in case it is found that the said companies have been carrying on business in a clandestine manner and in violation of the directives of the reserve bank of india and accordingly, it cannot be said that the said directive is a complete code ..... the supreme court has considered the validity of and/or legality of the said directives in the seccond peerless case reported in : 1991crilj1391 , and in the context of the provisions of section 45j, section 45k and section 45l of the reserve bank of india act and observed (para 15) :'a combined reading of the above provisions unmistakably goes to show that the reserve bank if considers necessary in the public interest so to do can specify the conditions subject to which any prospectus or advertisement soliciting deposits of money from the public may be issued. ..... amongst those social and economic rights are freedom from indigencies, ignorance and discrimination as well as the right to a healthy environment to social security and to protection from financial, commercial, corporate or even governmental oppression. .....

Joydeep Mukherjee and ors. Etc. Etc. Vs. State of West Bengal and ors. ...

Court : Kolkata

Reported in : 2008(2)CHN546

..... . an order made by the secretary of the department on the basis of standing orders made by the minister-in-charge, which standing order itself had been made by the minister on the authority conferred on him by the rules of business framed by the governor under article 166(3) of the constitution, is said to produce the position that the business of the government insofar as it consists in giving sanction under section 5(2) or being satisfied under section 4 or section 6 of the land development act, has been delegated by the minister to the assistant secretary of the department ..... . if the constitution of a state distributes the legislative powers amongst different bodies, which have to act within their respective spheres marked out by specific legislative entries, or if there are limitations on the legislative authority in the shape of fundamental rights, questions do arise as to whether the legislature in a particular case has or has not, in respect to the subject-matter of the statute or in the method of enacting it transgressed the limits of its constitutional powers .....

Tata Motors Limited and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

..... reported in (1983) 4 scc 45 court held that for judging the validity of section 5(3) of the bihar finance act, 1981 (which levied a surcharge to be paid by a dealer) the court has to determine whether in pith and substance the law is relatable to entry 54 list ii (tax on sale or purchase of goods) and not entry 33 of list iii (trade and commerce in, and production and distribution of products etc. ..... 632) and 58 (page 631) in the case of jilubhai nanbhai khachar (supra) which is quoted hereunder:para 52 at pg.629the constitutional history of the interpretation of the power of parliament to amend the constitution under article 368 from kameshwar singh to kesavananda bharati to give effect to the directive principles in part iv vis--vis the right to property in articles 19(1)(f) and 31 as well as the interpretation of compensation from bela banerjee to banks nationalization case do establish that parliament has ultimately wrested the power to amend the constitution, without violating its ..... after the decision of the division bench it is the case of the appellant company that the state assured the company to invest in the state and further the company accordingly had invested large sums of money to develop the land specially to avoid flooding during the monsoon season. ..... state of mysore reported in (1995) 6 scc 16; cauvery water disputes tribunal reported in air 1992 sc 522; g.c. .....

Tata Motors Limited and Others Vs. the State of West Bengal and Others

Court : Kolkata

..... reported in (1983) 4 scc 45 court held that for judging the validity of section 5(3) of the bihar finance act, 1981 (which levied a surcharge to be paid by a dealer) the court has to determine whether in pith and substance the law is relatable to entry 54 list ii (tax on sale or purchase of goods) and not entry 33 of list iii (trade and commerce in, and production and distribution of products etc. ..... 632) and 58 (page 631) in the case of jilubhai nanbhai khachar (supra) which is quoted hereunder: para52 at pg.629 the constitutional history of the interpretation of the power of parliament to amend the constitution under article 368 from kameshwar singh to kesavananda bharati to give effect to the directive principles in part iv vis--vis the right to property in articles 19(1)(f) and 31 as well as the interpretation of compensation from bela banerjee to banks nationalization case do establish that parliament has ultimately wrested the power to amend the constitution, without violating its ..... after the decision of the division bench it is the case of the appellant company that the state assured the company to invest in the state and further the company accordingly had invested large sums of money to develop the land specially to avoid flooding during the monsoon season. ..... state of mysore reported in (1995) 6 scc 16; cauvery water disputes tribunal reported in air 1992 sc 522; g.c. .....