Court : Kolkata
..... further orders on 20th december, 2013. all parties concerned including the district magistrate and superintendent of police, satna, the mining officer and the official liquidator of this court are to act on a signed photocopy of this order upon the usual undertakings. (i.p.mukerji, j.) g/
Tag this Judgment!Court : Kolkata
..... that event is deemed to have occurred on 11th december, 1999, whereas the arbitrators have awarded damages for the period much prior thereto. the learned tribunal thus acted in violation of the express terms of the arbitration agreement. clauses 53.2 and 53.3 makes it abundantly clear that any claim for additional payment must be ..... by or falling within the scope and/or the terms of submission to arbitration; and whether any of the grounds stipulated in section 34 of the 1996 act, for setting aside an award existed. the choice of the arbitral tribunal comprising of experienced arbitrators with experience in the field of civil engineering must have been ..... is to endeavour to uphold the award of a skilled person that the parties have themselves selected. however, in view of the statutory provisions of arbitration and conciliation act, 1996 including in particular section 34 thereof, read with section 28(3).this court is bound and obliged to examine whether the award is in accordance with .....
Tag this Judgment!Court : Kolkata
..... shall be guided by the terms indicated in mohammad ahmad and another (supra).the matter will appear on 4th september, 2013 under the same heading. all parties concerned are to act on a signed photocopy of this order on the usual undertakings. (soumen sen, j.) dg2
Tag this Judgment!Court : Kolkata
..... s brief of documents disclosing the said documents in cours.of the day. the defendant bank has taken inspection of the said documents. all parties and the department are to act on a signed photocopy of this order on the usual undertakings. (soumen sen, j.) s.chandra/snn ar(cr) cs no.297 of 2007 in the high court at calcutta ..... of the plaintiff is the suit is fixed for examination of the second witness of the plaintiff, namely, the handwriting expert on 16th september, 2013. all parties concerned are to act on a signed photocopy of this order on the usual undertakings. (soumen sen, j.) sp/
Tag this Judgment!Court : Kolkata
..... principal sum. the case which is sought to be made out in these proceedings was also made out in the proceeding initiated under sections 433 and 434 of the companies act, 1956 by the sister concern of the plaintiff being shining vyapar private limited. such case of the defendant was disbelieved and the winding up application admitted. the appeal filed was ..... the defendant but the forum chosen by it to recover its dues is by filing a winding up petition. to do so, a notice under section 433 of the companies act 1956 was issued on 14th july, 2012. a notice had been issued by the plaintiff on 25th july, 2012 to the defendant and anticipating proceedings, to preempt the same, c ..... dayal sarawagi a party defendant therein. therefore, this is another reason for not passing an order on this application and the application is, accordingly, dismissed. all parties concerned are to act on a signed photocopy of this order on the usual undertakings. (patherya, j.) sb.
Tag this Judgment!Court : Kolkata
..... from which they could continue their business without creating any equity in their favour. in view thereof, let this application appear on 17th may,2013. all parties concerned are to act on a signed photocopy of this usual undertakings. (soumen sen, j.) s.chandra ar(cr) order on the
Tag this Judgment!Court : Kolkata
..... july, 2013 under the heading for hearing .all points raised in this application are kept open and, if raised, shall be decided at the trial. all parties concerned are to act on a signed photocopy of this order on the usual undertakings. (soumen sen, j.) sp/
Tag this Judgment!Court : Kolkata
..... the doctrine of restitution is attracted, the interest is often as normal relief given in restitution. such interest is not controlled by the provisions of the interest act of 1839 or 1978. all the submissions advanced by mr.bharadwaj have, thus, been disposed of. we are of the opinion that the learned trial court ..... deductions, exemptions or depreciation of the value of the capital assets from taxable income. therefore, buildings which have not been specifically defined to include road in the act must be taken in the legal sense. mr.chowdhury, learned advocate appearing for the writ petitioner/respondent, disputed the submissions advanced by mr.bharadwaj. he contended that ..... animation in raja jagdambika pratap narain singh v. central board of direct taxes this court held that equity and income tax have been described as strangers.the act from the very nature of things cannot be absolutely cast upon logic. it is to be read and understood according to its language. if the plain reading .....
Tag this Judgment!Court : Kolkata
..... , adv.mr.debapriya ghosh, adv.mr.ahin chowdhury, sr.adv.ms.ruma sikdar, adv. for the official liquidator the court: the applicants seek leave under section 446 of the companies act, 1956, for instituting a suit in this court against the official liquidator for the official liquidator have allegedly taken possession of or attempted to take possession of a land of ..... under any previous order notwithstanding the leave being granted by this order. it will also be open to the successful applicants in the application under section 466 of the companies act to assist the official liquidator in defending the suit or to apply to be impleaded in the suit itself. ca no.178 of 2013 is allowed as above. nothing in .....
Tag this Judgment!Court : Kolkata
..... , it would not be proper to allow the entire sum to be released to the customs authorities before the claim is adjudicated in terms of the provisions of the companies act, 1956. hence, the appeal succeeds. the order impugned is set aside. we permit tolaram as well as customs authorities to raise their rival claims before the official liquidator. the official ..... made by any other creditor of the company (in liquidation) and then settle all the claims in accordance with the provisions of sections 529, 529a and 530 of the companies act, 1956 and pay dividend to the claimants in accordance with law. till then, the money would be kept in fixed deposit. all such claims must be filed within a period .....
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