Judgment Search Results Home > Cases Phrase: plantations labour act 1951 section 22 spread over Court: kolkata Page 11 of about 240 results (0.081 seconds)

Purna Chandra Singha Vs. Sarojendra Kumar Dutta

Court : Kolkata

Reported in : AIR1953Cal251,56CWN740

..... that if in a proceeding started by the debtor a defence was raised by a creditor that the claim made by the debtor or transferee from the same based upon a particular transaction which was being questioned as being hit by section 53, transfer of property act, such a defence was not barred by the suit was not a representative one. ..... the relevant facts need only be stated to point out that the sentence could not be interpreted to mean that no suit could be brought by a debtor or a transferee from a debtor and that no defence under section 53 transfer of property act, could be raised in such a suit as such a suit was not a representative one.41. ..... it is urged that whatever might have been the legal position under section 53, transfer of property act, before the amendment of 1929, such a defence can be raised only in a suit which is binding on all creditors as being a ..... gupta on behalf of the plaintiff-appellant contends that this defence under section 53, transfer of property act, is not available to the defendant as such a defence had not been raised and in the form in which it ought to have been raised in ..... madhub chatterjee lane (which he got through the exertions and as a fruit of the labour and partly of the money of the defendant). ..... of his right to claim maintenance from his father's estate, the surviving executor, dhirendra nath ghose had made over possession of 99/1 karaya road to purna. ..... portion of the letter was in the following terms:'i also make over to you the premises no. .....

Maharajadhiraja Bahadur of Darbhanga Vs. Commissioner of Agricultural ...

Court : Kolkata

Reported in : AIR1953Cal344,[1952]21ITR258(Cal)

..... the purchaser, who carried on a business of cutting, milling and selling timber, could, in striking the annual profits of his business for the purpose of taxation under a certain new zealand act, deduct from the gross proceeds the proportionate price assignable to the timber cut down during the year out of the total price paid for a large stock of standing timber which had been purchased ..... that in each of the three years the maharaja had collected a fairly substantial amount by disposing of sal trees, standing on one part or another of the forest tract and acting on the view that the receipts constituted agricultural income he included them in the appropriate assessments, after allowing certain deductions. ..... the question involved in this reference under section 63(1) of the bengal agricultural income-tax act relates to three sums of money which, according to ..... whether selamis or premia received for the settlement of waste lands or abandoned holdings, were agricultural income within the meaning of the assam agricultural income-tax act and their lordships remanded the case for further findings as to certain matters. ..... , is one of the bigger landlords of the country and among his possessions is a tract of forest land extending over 50 square miles and grown mostly with sal trees. ..... in the opinion of the tribunal, human labour and skill had been expended on promoting the growth of those trees, because the contractors who had purchased and cut down trees on the earlier occasion had had to .....

Sm. Latikabala Dasi Vs. Anil Behari Ghose

Court : Kolkata

Reported in : AIR1953Cal103

..... was obtained fraudulently by making a false suggestion, or by cancelling from the court something material to the case'.the relevant illustrations to the section are:'(b) the grant was made without citing parties who ought to have been cited. ..... two cir cumstances always important in such cases are the length of the delay and the nature of the acts done during the interval, which might affect either party and cause a balance of justice or injustice in taking the one course or the other, so ..... ', 19 cal w n 882, a distinction has been made between a case where the acquiescence alleged occurs while the act acquiesced in is in progress and another where the acquiescence takes place after the act has been completed; reliance is placed for the distinction on the observation of lord cottenham in -- 'duke of leeds ..... i have already shortly stated, and adds that from the correspondence set out in the petition, it would appear that the testator revoked his will and made arrangements for handing over the estate to the administrator-general, for a charitable purpose; but the purpose did not mature. ..... of the judgment is as follows: 'the true scope of an application for revocation under section 263 of the succession act should always be borne in mind. ..... , a wealthy inhabitant of baranagar in the suburbs of calcutta, acquired by dint of his own labour properties moveable and immoveable of considerable value. ..... had been absent from the country, a minor, or labouring under imbecility, he may be admitted. .....

Mohammed Ibrahim Vs. Assansol Iron and Steel Workers' Union and Ors.

Court : Kolkata

Reported in : AIR1955Cal189,58CWN457

..... no authority has been shown to me which lays down the proposition that simply because the constitution of a trade union lays down that it is intended to act as a union of a particular class of workers, that it confers upon them a legal right _ to be enrolled as members, a right enforceable by law. ..... 'the disaffection spread to other sections of the workers at burnpur and it appears that the efforts of the management of the companies, and the intervention of government did not prove very effective, at least for a considerable time. 8. ..... such a right might have been-brought into existence if there was an express provision in the act or the constitution of the trade union, that no one having the requisite qualifications could be refused, membership. ..... in the case of such a corporation (here the trade union has been incorporated under the act), it has, as an incident belonging to it, a right to make; any person it likes member, unless it is clearly, deprived of that right by prescription or express words in its charter (halsbury (hailsham edn. ..... the members entitled to take part in this election will be: (section 4) for kulti: (a) those who fully paid their subscriptions till march 1953, on or before 31-3-1953. ..... it first started by a lightning strike by the workers of the hot mills sections of the sheet mills of the indian iron and steel co. ..... there is no dispute that the executive committee for the year 1951-52 was duly constituted. .....

Indian Iron and Steel Co. Ltd. Vs. Tarak Nath Sen Gupta and ors.

Court : Kolkata

Reported in : (1999)IILLJ291Cal

..... in view the bargaining power of the parties the agreement must be held to be hit by section 223 of the indian contract act as explained by the apex court in central inland water transport v. ..... 248 at page 1143:-as a general rule, any person can enter into a binding contract to waive the benefits conferred upon him by an act of parliament, or, as it is said, can contract himself out of the act, unless it can be shown that such an agreement is in the circumstances of the particular case contrary to public policy. ..... or implied from conduct, but in either case it must amount to an ambiguous representation arising as the result of a positive and intentional act done by the party granting the concession with knowledge of all the material circumstances. ..... said purported agreement was illegal or not could have been determined by an industrial court in terms of the provision of the industrial disputes act as the same would come within the purview of the industrial disputes act as contained in section 2(k) of the industrial disputes act.13. ..... futham, hammeramith and kensigion rent tribunal; ex parte serek, (1951) 1 all er 482 wherein an oral agreement was entered into between the landlord and a tenant for lease of unfurnished ..... contracting out of statute in it then no question can arise of anyone entering into a contract which is so prohibited but where there is no such prohibition it will have to be seen whether an act is intended to have a more extensive operation as a matter of public policy. .....

Commissioner of Income-tax Vs. Kalinga Otto (P.) Ltd.

Court : Kolkata

Reported in : (1981)25CTR(Cal)1,[1983]139ITR710(Cal)

..... it is not enough to convert such extraordinary expenditure into usual expenditure, simply to spread it over three years, in order to get an average. ..... coelho : [1964]53itr186(sc) , this court had to consider the permissibility of a deduction under section 5(e) of the madras plantations agricultural income-tax, act, 1955. ..... dealing with the application of section 5(e) it was observed : 'the assessee had bought the plantation for working it as a plantation, i.e. ..... the payment of interest on the amount borrowed for the purchase of the plantation when the whole transaction of purchase and the working of the plantation is viewed as an integrated whole, is so closely related to the plantation that the expenditure can be said to be laid out or expended wholly and exclusively for the purpose of the plantation. ..... thereof and all furniture excluding refrigerators, airconditioning units, radios and record players, will become the property of the purchaser without any further payment as soon as the contractor has completed his work, excepting labour quarters mentioned in article 19(xvi).'6. ..... sub-clauses (v), (vi) and (vii) of clause 18, inter alia, provided as follows :'(v) make available adequate building ground in the neighbourhood of the work-site with water and electric connections at one central point for the construction of labour quarters. ..... , labour, raw material, stock-in-trade, are not themselves to be regarded as such a source. .....

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

Court : Kolkata

..... vested in the state free from all encumbrances; (b) free from all encumbrances is wholly unqualified and would encompass the extinguishing of all rights, title and interests; (c) thus the state has absolute title/ownership over the land; (d) thereafter the claimants are not entitled to restoration of possession on the ground that either the original purpose has ceased to be in operation or the land could not be used; (e) the ..... the supreme court in the said decision has also specifically held that the intention of the legislature to pay compensation is abundantly clear from the fact that section 19 itself prescribes that the compensation payable to a hissedar under section 12 shall, in the case of private forest, be eight times the amount of average annual income from such forest and untimely held that the twin claimant of eminent domain has to satisfy and ..... vendors are in question, an amount has been specified in section 5(1) of the said act treating to be the compensation for taking over the land in fact with the interest thereon from the vendors ..... in the context of a challenge to deprivation of the property, the law has been clearly stated in k.t.plantation (supra) that the state has to justify both the amount given and the public purpose. ..... in spite of such steps being taken by the company, the labourers, technicians, engineers and employees of the said company at the site were ..... newport corporation reported in (1951) 2 all er 839 at pages 841, 844-847, ..... reported in (1951) 2 all .....

imperial Chemical Industries (India) Private Ltd. Vs. Commissioner of ...

Court : Kolkata

Reported in : [1965]58ITR649(Cal)

..... the method by which the compensation payable to the former agents was shown as paid in the books of accounts of the assessee is as follow :the total compensation payable to the ex-selling agents was spread over three years and assuming the turnover was constant over the said three years, the commission payable to the assessee would be 4/15ths of the commission at the normal rates. ..... by the assessee as a result of misappropriation by the agent was one which was incidental to the carrying on of business and should, therefore, be deducted in computing the profits under section 10(1) of the act, has stated at pages 15-1 :'the result is that when a claim is made for a deduction for which there is no specific provision in section 10(2), whether it is admissible or not will depend on whether, having regard to accepted commercial practice and trading principles, it can be said to arise out of the carrying on of ..... & lewis establish to the effect that the assessee is entitled to receive for the period between 1st april, 1948, and 31st march, 1951, as commission a specific amount representing the difference between normal rates of commission and the compensation payable to the former agents during this period. ..... , in holding that the estate duty paid by the assessee was not a permissible deduction under section 10(2)(xv) of the act, has stated at page 15 :'the expression for the purpose of the business is wider in scope than the expression for the purpose of earning ..... malayalam plantations ltd .....

Benoy Kumar Sahas Roy Vs. Commr. of Income-tax, West Bengal

Court : Kolkata

Reported in : AIR1954Cal225,[1953]24ITR70(Cal)

..... forest trees of that kind and proceeding to consider whether the sale proceeds of such trees could be 'agricultural income' within the meaning of section 2 of the act, their lordships pointed out that the primary requirement under all the clauses of the section was that the income must be derived from land 'used for agricultural purposes' and consequently wherever that basic condition was not satisfied, the assessee ..... any operations on which a claim of agriculture could be founded and not making a complete statement of the law as to what agriculture was.when they spoke of the necessity of 'some expenditure of skill and labour upon it', they were, i believe, thinking of the statement contained in the question referred that the trees sold were trees 'growing on land naturally and without the intervention of human ..... his right to have a question of law considered by the high court which the act intends to be so considered and in view of that possibility, the provision should be construed as only directory so that a party may not be deprived of a statutory right for no fault of his own, but for the fault of a public body over which he has no control.apart from the true construction of section 66(1), it is also settled law that a party cannot be made to suffer prejudice ..... , cultivation of land and plantation of trees upon it in the regular course of arboriculture ..... state of assam', air 1951 assam 2 (l), said that the privy council had not laid it down that tillage or actual cultivation was .....

Association for Protection of Democratic Rights Vs. State of West Beng ...

Court : Kolkata

Reported in : 2007(4)CHN842

..... an occasion to examine whether the poor and the down-trodden are getting their social and economic entitlements or whether they are continuing to remain victims of deception and exploitation at the hands of strong and powerful sections of the community and whether social and economic justice has become a meaningful reality for them or it has remained merely a teasing illusion and a promise of unreality, so that in case the complaint in the ..... he shall give orders to the party to load, when he thinks fit loading without such orders it strictly forbidden;(vi) for the purposes of fire control he shall ordinarily divide his force into sections of not more than ten men each and place each section under a responsible commander;(vii) if the party is, or is likely to be, attacked from two directions, he shall post the men in two ranks, each facing one of those directions, with ..... to get over this difficulty it has been provided under section 2, sub-section (3) of the delhi police act that any member of the delhi police service above the rank of sub-inspector shall be deemed to be an officer-in-charge of the police station in the area in which the investigation is to ..... notice was circulated by hda to avoid the spread of any disinformation. ..... as to whether the procedure prescribed under the regulation is just fair and reasonable ought not to be the same as the test which is applied to the regulations governing service conditions or in labour cases. ..... the police act, 1861 has been ratified in 1951. .....