Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 39 signing in blank and failure to report Court: kolkata Page 1 of about 7 results (0.186 seconds)

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

Court : Kolkata

Reported in : 2008(2)CHN546

..... 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 ..... v. lotus hotels put ltd. : air1983sc848 , in which a statutory corporation arbitrarily refused to grant the sanction of loans to entrepreneurs who had already acted on the basis of the sanction, and had incurred expenditure and liabilities. the argument that the transaction was purely a contractual arrangement between the parties ..... differential treatment meted out to government recognised private law colleges alone. there should be nexus between the basis of classification and the object of the act under consideration. on the above crucial aspects, on an evaluation of government's affidavits, they are found to be wanting, replete as they .....

Satyanarayan Pasari Vs. Ashok Kumar Pasari and ors.

Court : Kolkata

..... brothers and the sister. the defendant no.2 did not sign the document. in any event of the plaintiff in his evidence established that the memorandum of understanding was not acted upon and not given effect to. considering the evidence on record the plaintiff was entitled to a decree in terms of prayers (a) and (b) of the plaint. ..... defendant no.2 did not join the memorandum of understanding and did not sign the same. in any event, according to the plaintiff, the memorandum of understanding was never acted upon and put to execution. so far as the firs.floor flat was concerned it was submitted on behalf of the plaintiff that, the plaintiff was in occupation of such ..... years old. it should be presumed that the signature or any of the other part of such document was proved under the provisions of section 90 of the indian evidence act, 1872. the original deed of lease was in the custody of the plaintiff. the original deed of lease being lost the plaintiff was entitled to produce a certified copy .....

M/S. Reckitt Benckiser (India) Ltd. Vs. The Addl. Commissioner of Inco ...

Court : Kolkata

..... decision of mrs.bacha f. guzdar v. cit [1955].27 itr1 it is clear, therefore, that the word derived from in section 80hh of the income-tax act, 1961 must be understood as something which has direct or immediate nexus with the appellant s industrial undertaking. although electricity may be required for the purposes of the ..... of the parliament which has in narrower using the expression connotation in derived comparison to by the phrase attributable to used in the other provision of the income tax act?. the appeals are taken up for hearing and we have heard the submissions made on behalf of the respective parties. with regard to the questions formulated, the ..... the appellant/petitioner cannot be said to be derived by the eligible undertaking/ units as required for claiming deduction under sub-section (2) of section 80ic of the act,1961?. in the revenue s appeal, the question for adjudication is as follows: whether on the facts and circumstances of the case, the tribunal has erred in allowing .....

Unique InvIn Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2000)74ITD43(Kol.)

..... date if transacted shares with a third party also. this proves the genuineness of the rate as well as the transactions. it is well settled that strict rules of evidence act are not applicable to it proceedings. in the absence of any corroborative evidence, in the case before us, the ao refused to solely rely upon the self-serving documents in ..... shares and the return filed by that company for the asst.yr. 1990-91 was accepted by the same ao, in an order passed under s.143(3) of the act and this proves the genuineness of the transaction and the department cannot play hot and cold i.e., accepting the transaction as genuine in the case of the seller and ..... doubt on the actual delivery of the shares, if not the very genuineness of the transactions itself.13. it is well settled that under the it act, the ao is not bound by the rigours of evidence act. this share transactions appeared to the ao to be sham and, therefore, be called upon the assessee to corroborate the transactions by producing third .....

Edward Keventer Pvt. Ltd. Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2004)89ITD347(Kol.)

..... believe transaction and dubious means cannot be recognised. the hon'ble gujarat high court in the case of banyan & berry (supra) has observed that if the acts are unambiguous and bona fide, but results in reduction of tax liability or expectation of tax benefit in future does not amount to colourable device, dubious method or ..... -company to five sister companies were immediately transferred by the keventer in its share register in spite of the applicability of section 79 of the i.t.act and existence of a restrictive clause in the loan agreement entered into by the keventer with financial institutions whereby the keventer was restrained by financial institution not ..... setting off brought-forward losses as the assessee-company at that time had no holding or interest whatsoever in the keventer by the reason of its own act of selling previously the entire holding in keventer to five companies. the assessee-company's contention, which is mentioned in assessee's written submission filed before the .....

Tapas Kumar Ghosh Vs. State of West Bengal

Court : Kolkata

Reported in : 2007(4)CHN645,2007CriLJ434

..... curiously enough, appellant did not discharge this onus and naturally having regard to the prosecution evidence and having regard to the specific provision of section 113b of the evidence act, we are constrained to hold that the housewife did not meet the death accidentally and when the learned trial court has already ruled out the case of murder, ..... m.p. reported in 2004 scc (criminal) 671 : air 2005 sc 1411, the hon'ble court having regard to the provision of section 113b of the evidence act together with section 304b of the indian penal code observed that if accused raises the question of accidental death, whereas all the ingredients of section 304b are satisfied by ..... housewife raises serious doubts about the conduct of the appellant.20. the learned advocate contends that keeping in view the provision of section 113b of the indian evidence act along with section 304b of the indian penal code, if it is proved from evidence that the death took place within seven years of marriage and there .....

Secretary, Department of Atomic Energy, Government of India Vs. the Co ...

Court : Kolkata

Reported in : LC2009(2)323

..... appropriate writ, direction or order under article 226 of the constitution for quashing the notification issued by the state government under section 52(1)) of the act. if the respondents felt aggrieved by the acquisition of their lands situate at jaipur and wanted to challenge the validity of the notification issued by the ..... or is threatened to be infringed by the respondents. such infringement may take place by causing him actual injury or threat thereof. accordingly, when the impugned act of the respondents takes effect within the territorial jurisdiction of a particular high court, it may entertain the writ petition of the person aggrieved notwithstanding that ..... exercised territorial jurisdiction over uttar pradesh, delhi and maharashtra. the order of the appellate tribunal was carried in appeal under section 35g of the central excise act before the delhi high court which declined to entertain it. it was held that although in terms of article 227 of the constitution and also article .....

Nemai Kumar Ghosh Vs. Sm. Mita Ghosh

Court : Kolkata

Reported in : AIR1986Cal150,89CWN904

..... relationship amount to mental cruelty and it will be a valid ground for passing a decree of divorce under the provisions of section 13(ia) of the hindu marriage act. we have already held hereinbefore on a consideration of the evidence on record that the respondent wife, since after her marriage with the appellant, became suspicious about ..... environments, standard of culture and status in life of the parties must be taken together to form a composite picture from which alone it can be ascertained whether the acts of one spouse on another should, judged in relation to all the surrounding circumstances, be found to amount to cruelty.' 6. it has also been observed there that ..... 1977 last with an intention to break the matrimonial tie permanently. hence this application has been filed for a decree for divorce under section 13 of the hindu marriage act. 3. a written statement has been filed by the respondent wife stating, inter alia, that it was false to say that she was very whimsical and tried to .....

Board of Acting Governor of the La Martienere and ors. Vs. National En ...

Court : Kolkata

Reported in : 2005(2)CHN207

..... it may be pointed out here that against the same grievance, namely the grievance against municipal assessment, the remedy under section 169 of the delhi municipal corporation act was available. but here, against the breach of restrictive covenant, the statutory remedy which is available under section 42 of s.r.a., is one of ..... to the plaintiff which could be considered to be 'equally efficacious'. i would accordingly hold that the plaintiff was not debarred under any provision of the specific relief act from instituting the present suit.'72. in municipal board, mathura v. dr. radha ballav pathak, reported in : air1949all301 , the decision in master sant singh was ..... the constitution of india and the judgment delivered by justice mohan in the case of unikrishnan and the definition of the word 'business' under the indian partnership act, the learned judge held that any educational activity undertaken by the respondent no. 2 falls within the category of occupation which is a variant of the word .....

National Highways Authority of India Vs. Additional District Magistrat ...

Court : Kolkata

..... of the said order the additional district magistrate (la), burdwan was approached and compensation was determined under section 3g(7) of the national highways authority act irrespective of the fact that no formal acquisition proceeding was undertaken. thus the national highways authority submitted to the jurisdiction of adm(la) and availed ..... after holding that the adm(la) had no jurisdiction to assess compensation as there was no acquisition of land in terms of national highways authority act and his order awarding compensation is indefensible and finding that the writ petition is maintainable overruling the objection of learned senior counsel for the respondent ..... the person affected is entitled to get the compensation and the competent authority has jurisdiction to decide the amount of compensation. under the national highways act, 1956 the competent authority is the adm(la).20. learned senior counsel, mr. bandyopadhyay has further contended that since the writ petitioner/appellant, while .....