Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 Court: kolkata Page 2 of about 3,365 results (0.058 seconds)

Reckitt Benckiser Australia Pty. Ltd. Vs. Controller of Patents and De ...

Court : Kolkata

..... reliance is placed on (1995) supplementary 3 scc212 (2005) 10 scc634and (2008) 3 scc279 the requests made to the respondent no.2 by letters dated 18th may 2006, 9th april 2007, 4th july 2007, 18th september 2007, 7th november 2007, 4th march 2008 and 7th march 2008 to dispose of the interim application was not considered and has also not been dealt with in the order dated 28th march 2008. ..... by chapter viii which deals, inter alia with evidence and reads as follow:- evidence before the controller 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 the controller thinks it right so to do he may take evidence viva voce in lieu of or in addition to ..... it will appear from the letters dated 9th april 2007, 12th april 2007, 4th july 2007, 18th september 2007 and 20th november 2007 that the only object of the appellant in writing the said letters was to delay and defer the hearing. ..... the said contention of the appellant with regard to cross-examination in the said letter dated 9th april, 2007 was not correct, as the issue of crossexamination would only arise at the hearing of the main matter and as transfer application had not been disposed of the question of hearing the main matter would not arise ..... act, 2000 an cross- thus we request you that a date for crossexamination may be fixed under prior intimation to us. .....

Sri Amar Kumar Barik and ors. Vs. National Instruments Limited and ors ...

Court : Kolkata

..... 1.1.1992 would be required to be submitted by the concerned pses to the government for appropriate approval by the administrative ministry acting in consultation with the dpe provided they give an estimate of their wage bill and also spell out measures for mobilizing of resources to meet the extra burden.31 ..... this has been sought to be assailed by learned counsel for the respondent/union of india on the ground that grant of such pay scale or benefits was a calculated, conscious and designed act and it was an intra-family arrangement made with an ulterior motive. ..... it was further submitted that after amendment of the sick industrial companies (special provisions) act, 1985, the pses have been brought within its purview. ..... initially the cut off date was 1.4.2007 which, however, was extended till 15th january, ..... our laws do not permit the authority to act arbitrarily and extend benefits to a section of employees while denying the same to ..... 1.4.2007 in favour of jadavpur university (ju), kolkata for utilization of the company's infrastructure for r&d; purpose of ju and the board approved the said scheme in terms of provision under section 18(2b), 18(6a) and 18(4) read with 19(3) of the act. ..... the respondent authorities, thus, acted in an arbitrary manner and the writ petitioners had been discriminated against ..... on 17th july, 2007, a meeting was held in the bifr to consider the recommendation of the aaifr when the scheme of transferring the assets, liabilities and man power of the respondent .....

MerlIn Orihects Ltd. Vs. Educo Ventures Pvt. Ltd.

Court : Kolkata

..... the hon ble judge, however, opined that although section 35 of the act prevents a court from considering an unstamped document, it can impound the document under section 33 of the act and follow the procedure under sections 35 and 38 thereof. ..... in sms tea estates private limited versus chandmari tea company private limited, (2011) 14 scc66 a difference between section 35 of the stamp act and section 49 of the registration act was drawn by the hon ble supreme court. ..... the proviso to section 49 of the registration act, 1908 provides that a document required to be registered, but not registered can be looked into as evidence of any collateral transaction. ..... section 35 of the stamp act, 1899 applied to all stages of the proceeding, according to sms tea estates private limited versus chandmari tea company private limited reported in (2011) 14 scc66 in dealing with the rival arguments an email of 9th october, 2013 ..... an unstamped or deficiently stamped instrument could not be acted upon at all. ..... section 35 of the act, however, rules out applicability of such provision as it is categorically provided therein that a document of this nature shall not be admitted for any purpose whatsoever. ..... arguments were also made on behalf of the defendant on the indian stamp act, 1899. ..... in that event, the court might consider passing orders under section 33 of the said act. ..... pronouncing the judgment observed that an exception like section 49 was not provided in section 35 of the stamp act. .....

Fairmacs Shipping and Transport Services Pvt. Ltd. and anr. Vs. Commis ...

Court : Kolkata

..... on 20th february 2012 these goods were seized by the directorate of revenue intelligence under section 110 of the customs act, 1962. .....

itc Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2003)86ITD135(Kol.)

..... supreme court held that the word 'building' in the context of s, 32 means the superstructure only and does not include land, it was further held that so long as the relevant provisions of it act make a distinction between the land on which a building is constructed and the building itself and allows depreciation only on the building, any item of expenditure incurred by an assessee directly referable to the land ..... the facts and in the circumstances of the case, the learned cit(a) erred in confirming the action of the ao in rejecting the appellant's claim for being allowed deduction under section 36(1)(iii) of it act, 1961, while computing the income chargeable under the head "profits and gains of business or profession for the relevant assessment year, for interest paid by the appellant during the relevant previous year amounting to ..... we have heard both the parties and perused all the records available and legal aspects of the case, we find that the expression capital asset is defined in section 2(14) of the act as under : "capital asset means property of any kind held by an assessee, whether or not connected with his business or profession, but does not include : (1) any stock-in-trade, ..... to acquire fixed assets for the purpose of its existing business, then the interest is to be allowed as deduction under section 36(1)(iii) of the act while computing the business profits, even if said interest relates to the period prior to the commencement of operation of the said fixed assets. .....

Swapan Kumar Nanda and ors. Vs. Dilip Kumar Sikdar and ors.

Court : Kolkata

Reported in : (1996)1CALLT360(HC)

..... we do not intend to go into the allegations and counter-allegations made before us as regards the acts of commission and omission on the part of the said administrator, inasmuch as, we are of the opinion that he could not have been appointed at the instance of the writ petitioner/respondent. 9. ..... (2) all the writ applications filed by different parties should be heard analogously and if the appeals are pending before different benches of this court, parties will be at liberty to move the hon'ble the acting chief justice for assignment of the matter before one bench. ..... by reason of an interim order passed by this court sri dilip kumar sikdar has been acting as headmaster by way of interim measure. ..... sikdar shall take over the charge and shall act as headmaster until further order. ..... ) dakshin dinajpur, shall act as an administrator. .....

Dipak Kumar Himatsingka Vs. Jyotsana Rajgarhia and Another

Court : Kolkata

..... we are thus firmly of the opinion there being no controversy between the parties about the fact that the district judge while dealing with the application in question was acting as a civil court that the provisions of art.137 of the act clearly govern the situation and the respondent could file application only within three years from the date when the right to apply for the setting aside of the ..... (i) reported in (2009) 5 scc 121 the supreme court allowed the appeal on the sole ground of limitation and the supreme court held that section 24-a of the consumer protection act, 1986 (hereinafter referred to as the said act) is peremptory in nature and requires the consumer forum to see before it admits the complaint that it has been filed within two years from the date of accrual of cause of ..... may not have a prescribed law of limitation but the court opined that while dealing with the application in question by the court the court was acting as a civil court and the provisions of article 137 of the limitation act clearly govern the situation and the court held that the application for revocation could have been filed only within three years from the date with the ..... also noticed that in vasudev daulatrams case (supra) where the law on the point of limitation can be summarized as follows:- under the limitation act, no period is advisedly prescribed within which a petition for probate or letters of administration or succession certificate must be made after the deceaseds death .....

Satyanarayan Pasari Vs. Ashok Kumar Pasari and ors.

Court : Kolkata

..... in any event of the plaintiff in his evidence established that the memorandum of understanding was not acted upon and not given effect to. ..... in any event, according to the plaintiff, the memorandum of understanding was never acted upon and put to execution. ..... such award was governed by the provisions of the arbitration act, 1940. ..... 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. ..... according to the plaintiff, the certified copy of the deed of lease could be accepted as secondary evidence under the provisions of section 63 read with section 76 of the indian evidence act, 1872. .....

Bank of India Staff Union and ors. Vs. Bank of India, Eastern Zone and ...

Court : Kolkata

Reported in : (1996)1CALLT454(HC),[1996(1996)FLR1727a],1996LabIC1242,(1996)IILLJ1219Cal

..... matter in issue to that conscionable justice may be administered by quashing and/ or setting aside any order adversely passed against the interest of the petitioners; (e) a writ in the nature of prohibition prohibiting the respondents authorities to act in pursuance to the impugned orders or of transfer; (f) a rule nisi in terms of prayers (a), (b), (c), (d) and (e) as above; (g) an order of injunction be passed directing the respondents nos. ..... 1 to 3 to act in accordance with section 33 of the industrial disputes act, 1947 and cancel and/or withhold the order of transfer with immediate effect; (i) an order of injunction be passed directing ..... 1 to 3 to act in accordance with section 33 of the industrial disputes act, 1947 as well as the order passed by the assistant labour commissioner (central), calcutta-n immediately; (h) an order of injunction be passed directing ..... 1 to 3 to act in accordance with section 33 of the industrial disputes act, 1947 as well as the order passed by the respondent ..... he writ petitioners ought to have proceeded under provisions of industrial disputes act, 1947. ..... 1 to 3 to act in accordance with the provisions as laid down in the shastri award with immediate effect; (j) an ad-interim order be passed in terms of prayers (g), (h), and (i) as above; (k) such other or further order or orders be passed as this hon ..... 1 to 3 to act in accordance with provisions laid down in the shastri award and natural justice; (c) a writ in the nature of mandamus do issue commanding .....

Graphite India Limited Vs. Smt. Bandana Bose and anr.

Court : Kolkata

Reported in : (2005)3CALLT101(HC)

..... archana poddar reported in : air2001sc2849 , wherein it was held that if any sub-tenancy is created contrary to the provisions of the act, it becomes unnecessary for the landlord to impleaded the sub-tenant when he seeks to evict the original tenant on the ground of unlawful tenancy.22 ..... here in the instant case, the petitioner never claimed that the petitioner ever served any notice under section 16 of the said act upon the landlady within the prescribed time after the creation of such sub-tenancy.21. ..... thus, in any event, the said sub-tenant cannot claim any right to be impleaded as a party in the suit under section 13(2) of the west bengal premises tenancy act which provides for addition of the notified sub-tenants only as a party to the ejectment suit. ..... shyan singh reported in : air1976sc2400 , wherein it was held that in view of the provisio 4 to section 92 of evidence act, it was open to the appellants to lead evidence to show that there was, apart from the rent note, a distinct subsequent oral agreement under which the terms of the original contract or grant were modified and ..... , the petitioner who is unable to show prima facie that notice of creation of sub-tenancy had been served by such sub-tenant upon the landlady in the manner as prescribed in the said act, cannot claim its addition as a party to the suit. ..... is no doubt true that a non-notified sub-tenant cannot seek his addition in a suit for eviction under section 13(2) of the said act, as rightly pointed out by mr. s.p. .....