Court : Kolkata
..... . petitioner is a public sector undertaking of the government of india and 100% of its share-holding is vested with the president of india. the petitioner is registered under companies act, 1956. b) in furtherance of its business, the petitioner entered into a memorandum of understanding dated 14th september, 2004 in short, the said mou with sricon. c) pursuant to and ..... hon ble single judge of this court wherein issue nos.2 and 3 were as follows : 2. is the suit bad for defect of the parties?. 3. was the defendant acting in the capacity of an agent of hsplsipl (jv) in its dealing with the plaintiff?. the said order was modified by another hon ble judge of this court wherein the .....
Tag this Judgment!Court : Kolkata
..... special business which should include the draft resolution to be passed as ordinary or special resolution along with the explanatory statement pursuant to section 102 of the companies act, 2013. in the said annual general meeting, the defendant no.1 and other defendants along with the plaintiff passed resolutions approving annual accounts for the year ..... is maintainable?.2) whether the alleged receipt of the letter dated 16th september, 2014 of the plaintiff is fictitious?.3) whether the plaintiff has committed any act of forgery or fraud?.4) whether the defendants and the proforma defendant company are entitled to get relief as prayed for in their written statement filed on 26 ..... brevity. the question which fell for consideration before this court is as to whether there has been violation of provision of sections 102 and 196 of the companies act, 2013. before taking up the issues for discussion, it would be profitable to reproduce section 196 as under: 196.1) no company shall appoint or .....
Tag this Judgment!Court : Kolkata
..... chairman and managing director of the first respondent (hereafter the cmd) was requested to consider the desirability of adequately compensating the petitioners for the perceived irresponsible act of the second respondent. the cmd, after seeking an adjournment, filed an affidavit. relevant portion thereof is quoted below: 2. preliminary submissions with due ..... and after considering and disposing of such representation/objection. without exhausting the procedure prescribed in sub-sections (2), (3) and (3a) of the act, the secured creditor cannot initiate coercive steps against a defaulting borrower. taking the aid of rule 8 to decide the authority of a secured creditor to ..... partnership firm, the photographs of the partners can be published. . (bold and underlining in original) it would, therefore, appear that the second respondent has acted in breach of the circular letter dated march 22, 2013.32. considering the overall facts and circumstances, it appears to be crystal clear that the second .....
Tag this Judgment!Court : Kolkata
..... subject to any rules made under section 44, in any proceeding under this act before the controller, the evidence shall be given by affidavit in the absence of directions by the controller to the contrary; but in any case in which ..... request you to kindly grant us, the attorneys of proprietor of registered design no.184135, under section 37 read with section opportunity 32 of the designs to examine . act, 2000 an cross- thus we request you that a date for crossexamination may be fixed under prior intimation to us. shall ever remain. yours faithfully, anuradha salhotra ..... the affidavits, namely, balchandra s. virkar, neelam pandit and professor vijay parshuram bapat. section 32 of the 2000 act empowers the controller with the powers of the civil court while section 37 of the 2000 act is covered by chapter viii which deals, inter alia with evidence and reads as follow:- evidence before the controller .....
Tag this Judgment!Court : Kolkata
..... in view thereof the contention raised with regard to the exclusive jurisdiction of the arbitral tribunal to decide such dispute is not accepted. moreover, even under the new act, if the court is of the view that circumstances exist which may render the remedy provided under section 17 of the efficacious the court can pass interim measure. ..... view of the order dismissing the said application the present application is not maintainable and the remedy, if any, is to apply before the tribunal under the new act. in brief, the submission of the learned counsel is that the said agreement shall not be enforceable against the respondent no.1. it appears that a reference ..... on 15th june, 2014 acknowledges that the company would avail the financial assistance for an amount of rupees not exceeding 15 crores and mr.manoj ranjan shamal would act as the authorized signatory to accept and convey the terms and conditions of the sanctioned letter dated 22nd june, 2014. mr.banerjee has submitted that in terms .....
Tag this Judgment!Court : Kolkata
..... consideration which remained unpaid. but such entitlement is subject to a contract between the buyer and the seller as would appear from section 55 of the transfer of property act, which provides as follows: 55. rights and liabilities of buyer and seller.- in the absence of a contract to the contrary, the buyer and the seller of ..... the addition made by the assessing officer cannot be supported. mr.khaitan, learned senior advocate, drew our attention to sub-section (4) of section 55 of the transfer of property act, which provides as follows: (4) the seller is entitled- (a) to the rents and profits of the property till the ownership thereof passes to the buyer; (b) ..... , 2010 when the appeal was admitted by this court: (a) whether on a true and proper interpretation of sub-section (4) of section 80hhd of the income tax act, 1961, the tribunal was justified in law in upholding the addition of rs.44,68,966/- and its purported findings in that behalf are arbitrary, unreasonable and pervers.?. (b .....
Tag this Judgment!Court : Kolkata
..... the affidavit-in-opposition. then again in the affidavit-in-opposition of the 6th respondent before the learned single judge, they explained how the information given under right to information act is incomplete since it does not explain the obligation and shortage of production overall for a particular year. according to them, the total sale for the year 2008-09 was ..... of the said policy contend that they are also entitled to execution of such supply of nlw agreement for coal since the information obtained by them under right to information act clearly indicates excess of coal available with the appellant for several months in the year 2008-09, 2009-10 and 2010-11. according to them, the said balance shown in .....
Tag this Judgment!Court : Kolkata
..... the property in question would have devolved on the same person who is the beneficiary under the will, by operation of section 15(2)(a) of the hindu succession act. no case has been made out that execution of the will is shrouded in suspicious circumstances. all the requirements of law for making and publishing a valid will are ..... related to the person who originally held the property would acquire right to inherit that property. that would defeat the intent and purpose of section 15(2) of the act which gives a special pattern of succession. hence, i find nothing unnatural with the bequest under the will in question. the second point of objection raised in dipendu s ..... , calcutta being the subject matter of the bequest is admittedly a property inherited by the testatrix from her father. under section 15(2)(a) of the hindu succession act, such property inherited from the father by any hindu lady shall devolve in the absence of any son or daughter or children of any pre-deceased son or daughter, .....
Tag this Judgment!Court : Kolkata
..... of the purchaser toying with the orders for delivering vacant possession of the property. on such owners previous application under sections 446, 456, 457 and 535 of the companies act, 1956 for, in effect, release of the said office space, an order was passed on may 14, 2013. such order, inter alia, provided for the official liquidator ..... such stay petition was affirmed, the deadline for vacating the premises by may 31, 2014 had already expired. under the applicant herein applied section 634 of the companies act before the company court seeking enforcement of the order by which the applicant was permitted to obtain vacant possession of its 10,000 sq.ft space at 119, ..... of court with the seriousness that they deserve. extraneous or political considerations cannot come into play when an order of court obliges the police to carry out a particular act. since r.p.techvision has no modicum of continue in occupation of any part of premises no.right to 119, park street, kolkata-700 016, it is .....
Tag this Judgment!Court : Kolkata
..... claim of gift of rs.1 lakh, the assessing officer verified the assessment record of gautam kumar dey and examined his statements recorded under section 131(3) of the act and the inspector s report. in the assessment order the assessing officer while calculating the total income of the appellant at rs.7,78,100/-, treated the addition ..... -law, an income tax assessee who had reflected the gift in his income-tax return and confirmed it before the assessing officer, under section 131 of the income tax act, 1961, merely because the gift was made in cash and in reversing the finding of the commissioner of income-tax (appeals) that the donor had the means to ..... j.:- the court : let affidavit of service filed by the learned advocate for the appellant be kept on record. this appeal, under section 260a of the income tax act, 1961 arising out of the order dated 25th october, 2005 passed by the income tax appellate tribunal for the assessment year 2001-02, was admitted on the following substantial .....
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