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Prafulla Ranjan Sarkar Vs. Hindusthan Building Society Ltd.

Court : Kolkata

Reported in : AIR1960Cal214

..... in duty of the secretary of the society, sri prafulla ranjan sarkarresolved that the services of the secretary be terminated after 30th september 1954, that a month's salary in lieu of notice be paid to him, and he be asked to hand over the necessary papers and documents that are lying with him to sri amiya charan chakraburtty forthwith.resolved further that the power of attorney granted in favour of the secretary, sri prafulla ranjan sarkar for ..... a servant's duty is to minimise the damages and for this purpose to seek and accept suitable employment but he is not expected to accept an engagement in a lower status, though it may be reasonable for him, in the state of the labour market, to accept a lower salary; and this will be taken into consideration in the calculation of k the damages: mayne on damages, llth edition, page 293. ..... when you are dealing with agreements which are not agreements between agricultural labourers and their employers, there is not the same kind of reason for treating the agreement as a yearly hiring, but rather the ..... it is well known that where negligence or contributory negligence is charged, full details must be given of the acts on which the party pleading relies as constituting negligence: see mulla's code of civil procedure, 12th edition, page 581 ..... of agricultural labourers, which took place at the particular time in each ..... on 18-1-1951 the plaintiff was placed in the grade of 700-50- ..... on 16-1-1951 the plaintiff was appointed to officiate as chief .....

S.B. Cold Storage Industries Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [1987]166ITR646(Cal)

..... the commissioner (appeals) held that in order to be entitled to claim investment allowance under section 32a of the act, the assessee had to establish that its plant and machinery had been used in an industrial undertaking for the purpose of business of manufacture or production of any article or ..... the assessee in that case was held not to be entitled to relief under section 84(2)(iii) of the income-tax act, 1961, as an industrial undertaking engaged in the manufacture or production of articles, as its business consisted only of galvanizing of metals on behalf of its ..... of human skill and material have been used in the processing and it may not be that the raw material was first transformed but over the transformed material, further transformation was done by human labour and skill making it fit for human consumption. ..... : [1977]107itr816(all) , that the assessee who was engaged in the business of running a cold storage and who earned income by storing potatoes in the plant was an industrial company within the meaning of section 2(6)(d) of the finance act, 1968, and section 2(6)(c) of the finance act, 1969, as it was engaged in processing of goods. ..... the result of such blending could not be regarded as a commercially new and distinct commodity from the original ore of different specification, but this operation of blending amounted to processing of ore within the meaning of section 8(3)(v) of the central sales tax act, 1956, and rule 13 of the central sales tax rules. ..... plantations ltd .....

Patit Paban Bose Vs. the Commissioners for the Port of Calcutta

Court : Kolkata

Reported in : AIR1957Cal720

..... agreement under which he could be removed from service on a month's notice and since it was in terms of that agreement and with such notice that his service had been terminated, no question of the violation of section 240(3) arose, it appears that, at an earlier stage, the plaintiff had been placed under suspension, but subsequently he had been reinstated, but the notice served upon him made no reference to misconduct and ..... unless the power to frame rules for regulating the conditions of service of the employees, particularly in regard to disciplinary action that may be taken against them, can be found in section 31 of the act, the commissioners cannot be said to have had power to frame such rules or adopt, as their own, rules framed by some other authority ..... . section 31 was amended in 1951 by the port trusts and ports (amendment) act by which all the three acts, relating to the ports of calcutta, bombay and madras, were extensively amended: one of the amendments of section 31 was the addition of a new clause, termed (i)', by which power to frame rules 'for regulating the recruit-ment, promotion, conduct, discipline, punishment and any other matter relating to the ..... was not either an artisan or a porter or a labourer, he was entitled to the benefit of the ..... on the 2nd of january, 1923 when he stated that he had read the further conditions of service of which a copy had been handed over to him and that he was subscribing to them ..... it by no means explains the further delay of over two years. .....

Atulya Kumar De and ors. Vs. the Director of Procurement and Supply an ...

Court : Kolkata

Reported in : AIR1953Cal548,57CWN397

..... at a time when he has not even harvested the crop; he is called upon to make declarations regarding his land and is prohibited from dealing with or disposing it of to any one else.then we find that in pursuance of powers; granted by section 3(1) read with clause (c) of sub-section (2), the government has imposed a control over the-price of foodgrains which producers may charge-in respect of procurement made under the order. ..... the order was promulgated by the governor of west bengal on 22-10-1952, and the preamble is as follows:'in exercise of the power conferred by sub-section (1) of section 3, essential supplies (temporary powers) act, 1945 (24 of 1946 and in particular by clause (c) (d) (f) (h) (i) and (j) of sub-section (2) of that section, read with the notification of the government of india in the department of food no. ..... was originally made, the petitioners had been served with notices under 'a' introduced by para 3(3) (a), west bengal food grains (intensive procurement) order 1952, promulgated by the government of west bengal, by virtue of powers conferred by sub-section (1) of section 3 essential supplies (temporary powers) act 1946 (24 of 1946), read with notification of the government of india in the department of food, no. ..... the object of the act was to ensure that during the agricultural season, there would not be a dearth of labour. ..... in -- 'air 1951 s. c. at p. ..... in -- 'air 1951 s. c. at p. ..... 1951 s. c. .....

Harsh Vardhan Lodha and Others Vs. Devendra Kumar Mantri and Others

Court : Kolkata

..... member committee as joint administrators they shall be entitled to exercise of the rights and powers of general administrators over the estate of the deceased other than the right of distributing such estate and we, therefore, direct them i) to prepare and file an inventory of the assets of the estate and appraisal of the value of such assets and ii) to take over possession of the assets of the estate in the manner provided under the law considering the nature of the ..... (air 1951 mad 393) on suitability as regards appointment of receiver and administrator in probate proceedings- it was held that under section 247, succession act, 1925 pending any suit touching the validity of the will of a deceased person the court may appoint an administrator of the estate of such deceased person, who shall have all the rights and powers of ..... of such decree the rights and powers of an apl come to an end and the administrator takes over charge and administers the estate and completes the administration upto the distribution of the estate. ..... general administrator under section 247 cannot have the rights and powers to acquire ownership over property over which he is ..... whereas on behalf of the respondents it is sought that an apl and/or receiver be appointed to take over possession of all movable and immovable assets and properties of pdb including the share holdings of those companies as specified in the schedule annexure marked b by substituting in stead and in place of rsl wherefrom his name .....

income-tax Officer Vs. Gopalpur Tea Co. Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1985)12ITD259(Kol.)

..... had not been paid as bonus or commission: provided that the deduction in respect of bonus paid to an employee employed in a factory or other establishment to which the provisions of the payment of bonus act, 1965 (21 of 1965), apply shall not exceed the amount of bonus payable under that act: provided further that the amount of the bonus (not being bonus referred to in the first proviso) or commission is reasonable with reference to-- (b) the profits of the business or profession for ..... the assessee for the accounting year 1978-79 settled the bonus claim of its four tea garden workers through the good offices of the assistant labour commissioner, jalpaiguri, at 12.75 per cent of the total earnings of the workers, out of which 8.33 per cent was agreed to be paid as bonus and the balance of 4.42 per cent was settled as ad hoc payment by way of a welfare measure ..... after going through all the provisions of the payment of bonus act, the learned members were of the opinion that there was a ceiling on the amount of bonus that could be distributed and the scheme of payment of bonus act left no scope for the assessee's argument that section 10(1) of the payment of bonus act does not lay down any restriction to the distribution of maximum bonus and that it was left to the assessee to decide the quantum of bonus to ..... a dispute over the payment of bonus between the workmen and the management and, consequently, the matter was referred to the labour directorate. ..... cit [1951] 20 itr 1 (sc) and .....

Eastern Railway Employees' Congress Vs. General Manager, Eastern Railw ...

Court : Kolkata

Reported in : AIR1965Cal389,(1966)IILLJ849Cal

..... petitioner had undertaken to revise its constitution to bring it in conformity with part c of the appendix 'at our earliest opportunity' and that since the petitioner had failed to make that revision in the course of over one year which had elapsed at the date of the eharge, the withdrawal of the recognition could be supported even on the ground of breach of that undertaking. ..... admittedly, these rules have a statutory force, having been made in exercise of the power conferred by section 241(2) of the government of india act, 1935, so that, the relevant part of the rule in question being mandatory, any breach thereof will render the impugned order ultra vires and ..... the right to form a trade union of employees has come to be recognised as a fundamental right of an individual is the need, in modern times, for 'collective bargaining' to protect the interests of labour as against the employer who has gained strength in the bargain with the development of industry and capital. ..... the fact that the intervening day was a sunday, it can hardly be said that the petitioner was guilty of laches in submitting the final explanation earlier or that the respondent acted reasonably in proceeding to make his order on the next working day, without waiting for the petitioner's explanation. ..... 1 (1951 edition), which was sent to you as an enclosure to this office letter of even number dated 2-2-62 and accepted by you under ..... i (1951 edition), and para 5 of the constitution of the eastern railway employees .....

indralaya Ltd. Vs. Additional Commissioner, Commercial Taxes, West Ben ...

Court : Kolkata

Reported in : AIR1958Cal343,[1958]9STC633(Cal)

..... since the asscssees took precaution of showing the sales of paper and labour charges separately the labour charges did not come within the scope of the definition of works contract, and as pure 'labour charges they were not taxable; as the taxable turnover was below the minimum which is not liable to be taxed.'2. ..... reasons stated in dukhineswar sarkar's case (c) (supra) this cannot be allowed and the provision of law contained in section 2(4), of the act is to that extent ultra vires. ..... where the customer brings in his own material to be made up, that is purely work and labour, save and except, as i have mentioned above, the supply of buttons or thread etc ..... it has been stated as follows;'where the employer delivers to a workman either all or the principal materials of the chattel on which the workman agrees to do work, there is bailment by the employee, and a contract of work and labour, or for work, labour and material (as the case may be), by the workmen. ..... is stated that materials sold by the petitioner for carrying out of the customer's orders were appropriated against a specific order placed by the customer and the material was duly handed over to the tailoring depart-ment under instructions from the customer. ..... being the facts according to the respondents, my attention is drawn to the definition of 'sale price' in section 2(h) in the bengal finance (sales tax) act, 1941. ..... fourth quarter of 1951. ..... is on this footing that the company was assessed for three quarters ending 30-9-1951. .....

Corporation of Calcutta Vs. Hindusthan Construction Co. Ltd.

Court : Kolkata

Reported in : AIR1972Cal420

..... the suit being one for the enforcement of such a contract the latter part of the definition of 'moneylender' contained in section 2(b) of the act was not attracted, and the plaintiff was, therefore, entitled to interest from the date of the execution of the promissory note till the ..... sales tax was made by the defendant in terms of the assessment orders, the law on the point was not clear; and the view prevailed on interpretation of west bengal sales tax act, that construction contracts were assessable under the sales tax act and the materials used for carrying out the contract of construction, in case of structural contract were also assessable for payment of sales tax. ..... 325 it was argued by the plaintiffs advocate that although interest has not been specifically claimed in the plaint under section 34 of the code of civil procedure read with order 7, rule 7 of the code of civil procedure it is within the discretion of ..... court held at page 143, that no question of estoppel can ever arise when both the parties are labouring under a mistake of law and one of the parties is no more to blame than the other. ..... bricks on corporation land at kantatolla mentioned in the letter dated january 11, 1951 was accepted and there was a separate contract for the same. ..... therefore, the tender mentioned in the letter dated january 11, 1951 for manufacture of bricks at kantatolla was not separately accepted and there was no separate contract for ..... , reported in air 1951 nag 372 at p 374, ..... (5) air 1951 nag 372 .....

In Re : Shri Jhalu Roy and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : (2000)3CALLT391(HC)

..... the said order of rejection of the board as in the opinion of his lordship the power to grant or review of the prayer for recognition to any institution was expressly conferred upon the executive committee of the board under section 19a (3) (c) of the west bengal board of secondary education act, 1963, the president of the board could not exercise the power and function of theexecutive committee in the facts and circumstances of this case. ..... even unaided institutions are not immune from the operations ofgeneral laws of the land such as contract law, tax measures,economic laws, social welfare legislations, labour and industriallaws any similar other laws which are intended to meet the needof the society. 18. ..... section 19a(3) of the west bengal secondary education act says that subject to any general or special orders of the state governments, provisions of this act and any rules or regulations made therein, the executive committee shall have the power to grant or refuse recognition to institution and withdraw recognition granted to institution after considering the recommendation of the recognition committee.13. ..... the board did not receive any recommendation in favour of the petitioners from the state government which is necessary under section 19(a)(3)(c)(i) of the west bengal board of secondary education act. ..... these areas should be given precedence over other areasin the matter of recognition of school. .....