Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 Court: kolkata Page 7 of about 3,365 results (0.066 seconds)

Govind Prasad Dalmia Vs. West Bengal State Electricity Board

Court : Kolkata

..... 64.it is apparent from the aforesaid reasoning recorded by the arbitral tribunal that it failed to consider sections 73 and 74 of the indian contract act and the ratio laid down in fateh chand case wherein it is specifically held that jurisdiction of the court to award compensation in case of breach of contract is unqualified except as to, the maximum stipulated; ..... letters all of dated 21-8-1990 to bring his case under the protective umbrella of section 18 of the limitation act so that the period of limitation for three years to initiate the suit may be calculated from that date ..... may 1988 the defendant assured the plaintiff that period of delivery of acsr rabbit would be extended and acting on such assurance on 3rd june,1988 the plaintiff offered for delivery of 211.497 kms of acsr ..... is entitled to compensation in respect of the supply made by it under section 70 of the contract act and also entitled to interest at the rate of 5 % for small scale unit above the bank rate as per interest act applicable to small scale unit in view of section 4 of the ordinance of 1992 later enacted and ..... bank guarantee given by way of security were never invoked or encashed by the defendant and such act of the defendant shows that the defendant has no claim in respect of the purchase order dated ..... on delayed payment to small scale and ancillary industrial undertakings ordinance ,1992 and/or sales of goods act with monthly rests from the due date indicated above which amounts to rs.20,25,375.48. .....

Union of India and ors. Vs. Pansari Vegetable and Oils Pvt. Ltd.

Court : Kolkata

..... 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. ..... (d) alternatively or in any event under section 27a of the customs act, 1962, interest could be paid or could be directed to be paid only at the rate fixed by the central government by its notification in the official gazette ..... cal) wherein the following views were expressed: the issue before the supreme court was whether the pre-deposit made as a pre-condition for the hearing of appeal under the central excise act, 1944 was, on the assessee being ultimately successful, refundable to the assessee with interest as there was no provision in the central excise act for payment of interest on such refund. ..... therefore, buildings which have not been specifically defined to include road in the act must be taken in the legal sense. ..... he drew our attention to paragraph 8 of the said judgment wherein the following views were expressed : in the present case also till the insertion of section 27-a in the act by act 22 of 1995 there was no right entitling payment of interest on delayed refund under the act. ..... (b) the customs act being a special act and being a complete code and not contemplating payment of interest there is no question in such a case of any interest being ..... interest is not controlled by the provisions of the interest act of 1839 or 1978. ..... (c) the customs act being a fiscal statute, equity has no manner of .....

Sas Investments Fiduciary Ltd. Vs. the Official Liquidator, High

Court : Kolkata

..... petitioner ms.ruma shikdar,advocate for official liquidator mr.bimal chatterjee, sr.advocate, mr.deepnath roy chowdhury, advocate for creditors the court : it is necessary that the orders sought on the application under section 466 of the companies act be advertised so that the contributories of the company in liquidation and all creditors of the company in liquidation may be made aware of the same and may be invited to participate in the proceedings. ..... in view of the above order made on the application under section 466 of the act in c.a.no.654 of 2007, let the connected matters being c.a.no.410 of 2008 and c.a.no.515 of 2009 also appear along with c.a.no.654 of 2007 in the monthly list of july, 2012. .....

Amjad Ali Vs. the Official Liquidator, High Court, Calcutta

Court : Kolkata

..... 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 about 5000 sq. ft. ..... 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. .....

Turner Morrison Limited Vs. National Insurance Company Limited, Divisi ...

Court : Kolkata

..... all parties concerned are to act on a signed photocopy of this order on the usual undertakings. .....

Govind Prasad Dalmiapetitioner/ Plaintiff Vs. West Bengal State Electr ...

Court : Kolkata

..... 64.it is apparent from the aforesaid reasoning recorded by the arbitral tribunal that it failed to consider sections 73 and 74 of the indian contract act and the ratio laid down in fateh chand case wherein it is specifically held that jurisdiction of the court to award compensation in case of breach of contract is unqualified except as to, the maximum stipulated; and compensation has to be ..... plaintiff has taken three letters all of dated 21-8-1990 to bring his case under the protective umbrella of section 18 of the limitation act so that the period of limitation for three years to initiate the suit may be calculated from that date i.e. ..... chowdhury has contended that three tests to bring the case within the ambit of section 18 of the limitation act has been reiterated by the hon ble supreme court in air 197.sc 1482.therefore, he has closed his argument touching the point of limitation that the suit is hopelessly barred by ..... in may 1988 the defendant assured the plaintiff that period of delivery of acsr rabbit would be extended and acting on such assurance on 3rd june,1988 the plaintiff offered for delivery of 211.497 kms of acsr rabbit to the ..... the plaintiff is entitled to compensation in respect of the supply made by it under section 70 of the contract act and also entitled to interest at the rate of 5 % for small scale unit above the bank rate as per interest act applicable to small scale unit in view of section 4 of the ordinance of 1992 later enacted and incorporated in 1996. .....

Uco Bank Vs. Saumyendra Roy Chaudhury and ors.

Court : Kolkata

..... the scheme: provided further that in case the number of directors elected, on or before the commencement of the banking companies (acquisition and transfer of undertakings) and financial institutions laws (amendment) act, 2006, in a corresponding new bank exceed the number of directors specified in sub-clause (i) or sub-clause (ii) or sub-clause (iii).as the case may be, such excess number of directors ..... a scheme made under this section; (f) one director, from among the employees of the corresponding new bank who are not workmen under clause (s) of section 2 of the industrial disputes act, 1947 (14 of 1947).to be nominated by the central government after consultation with the reserve bank; (g) one director who has been a chartered accountant for not less than fifteen years ..... also understood this is to be the case as otherwise the respondent no.1 would not have been nominated again after six years.the 2007 guidelines issued by the central government state that the age of the director on the date of the recommendation by the appointment board ..... 2007 the reserve bank of india directed all nationalized banks to constitute a nomination committee consisting of a minimum of three directors (all independent directors/non-executive directors.from amongst the board of directors.the nomination committee should undertake a process of due diligence to determine the fit and proper status of the existing elected directors/person to be elected as a director under section 9 (3) (i) of the 1970 act .....

Pallav Kumar Banerjee and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2007(3)CHN345

..... of requisition in respect of a land shall come to an end immediately after acquisition of the said property and publication of notice under section 4(2) of the said act since on and from the beginning of the day on which the notice is published, the property in question would vest in the state free from all encumbrances. ..... from the date of communication of the said order to the concerned land acquisition collector and therefore, no step could be taken for acquisition of the property in question under section 4 of the act ii of 1948 as in terms of section 4(la) of act ii of 1948, state government may acquire any land which is already under requisition in terms of section 3 of the said ..... accordingly, the notice served upon the appellants/writ petitioners under section 5(1) of the act ii of 1948 intimating the acquisition of the premises in question under section 4 of the said act and also publication of the notice under section 4 of the said act ii of 1948 on october 14, 1996 in the official gazette cannot be sustained in the eye of law and ..... further submits that in the instant case, acquisition has been made after the requisition under the provisions of act ii of 1948 and therefore, the ratio of the decision of the hon'ble supreme court in the ..... single judge by the order dated 10'' september, 1993 did not quash the notification issued under section 3(1) of the said act ii of 1948 but only gave direction for acquisition so that the acquisition is not prolonged for an indefinite period. .....

Provat Kumar Chatterjee Vs. Sm. Gita Chatterjee

Court : Kolkata

Reported in : (1994)2CALLT53(HC)

..... bhattacharyya has waxed eloquent as it proceeds from the first limb of his submission that section 17 of the contract act, 1872, could be taken aid of as the respondent was under an obligation to speak to her husband about her premarital ..... the silence and non-disclosure, in view of amendment of section 12(1)(c) of the hindu marriage act, 1955 for the expressions, 'or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent' have widened the scope of ..... section 12 of the hindu marriage act embodies grounds on which a marriage can be declared void and annulled by a decree of ..... sections 20 and 21 of the act lay down what a petition should contain and attract the provisions of the civil procedure code relating to the verification of the plaint to ..... the object of the act will, therefore, fail to attain its goal and the court cannot be a party to scrap the marriage tie, in particular, when the allegations of the petitioner are not sustained and the attempt made by the ..... bhattacharyya, the marriage act being a social piece of legislation will pale into insignificance, as the marital bond could very often be blown off even for minor wear and tear in ..... the court is to act on the contention of ..... act, 1955, alongwith section 17 of the indian contract act ..... 1993, by the learned additional district judge, dismissing the reliefs of the husband-petitioner sought for within the fold of sections- 12(1)(c) & 12(1)(d) of the hindu marriage act, 1955.2. .....

Sri Sunilendu Sengupta Vs. Sri Brojodulal Mitra and Another

Court : Kolkata

..... it was further held in that case that said plea of joint tenancy even though raised was not accepted by the courts below and that the very act of the tenant of vacating the premises shows that he had abandoned his interest in the tenancy in favour of his brother which virtually amounted to sub-letting. ..... kaki and others) wherein it was held by the honble apex court that after amendment of code of civil procedure in 1976 there was no scope to act as a third court of facts by the high court while dealing with a second appeal under section 100 of the code of civil procedure. ..... in this connection he refers a case law reported in (2007) 1 scc 546 (gurdev kaur and others vs. ..... it appears that said referred case relates to the delhi rent control act, 1958. .....