Court : Kolkata
Reported in : [1985]58CompCas772(Cal)
..... said suit, receivers were appointed over the securities and various interlocutory orders were made from time to time for the purpose of carrying out the manufacturing activities of the company. the company had also mortgaged its dankuni plant, comprising of lands, buildings, plants and machinery in favour of dena bank. dena bank had filed a suit in the chinsura ..... 398 read with section 402 and other provisions of the act including section 255, which deal with normal corporate management of the company.39. a division bench of the calcutta high court in the case of debi johra tea co. ltd. v. barendra krishna bhowmick [1980] 50 comp cas 771 had occasion to examine the scope of sections 397, ..... 398 and 402 of the companies 'act. it was observed as follows (at pp. 782-783):' it should be borne in mind that when .....
Tag this Judgment!Court : Kolkata
..... the constitution includes leasehold. the reason is leasehold is nothing but property.490. we have considered the decision of cooper (supra) where the supreme court held that the banking companies (acquisition and transfer of undertakings) act, 1969 relates to entry 45 list i and entry 42 of list iii. similarly, in rajiv sarins case (supra) the supreme ..... entry, for example:-in the case of rustom cooper vs. union of india reported in air (1970) 1 sc 248 where the supreme court held that the banking companies (acquisition and transfer of undertakings) act, 1969 relates to entry 45 list i and entry 42 of list iii.in the case of rajiv sarin vs. state of uttarakhand ..... involved a dispute regarding the right conferred by a grant (sanad) to resume the land. it is further submitted that the question of acquisition was involved in the said matter. mr. mukherjee submitted that in tata power company ltd. vs. reliance energy ltd. reported in (2009) 16 scc 659 all the paragraphs 67, 79, 100, 101, 82 and .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(1)CHN241
..... writ petition for the purpose of implementation of rajarhat new township project in mouza kochpukur (a/r -- annexure 'r-3' at pages 265-284 of the compilation). the proposed acquisition of the major part of the area was withdrawn by notifications dated 7th september, 2004 (a/r -- annexure 'r-3' pages 285-287 of the compilation). only a ..... area boundary'. it is an admitted position that this area was later amalgamated with mouza kochpukur. which also in its entity is outside the wetlands. a series of land acquisition cases and notices under la act, 1894 have been issued in respect of different areas of land for 'implementation of rajarhat new township project' in l.r. dag ..... was prescribed. the phrase 'tank fishery' has not been defined in the west bengal land reforms act. the phrase 'tank fishery' has been defined in the west bengal estates acquisition act, 1953 (wbea act) in the explanation to section 5(1)(e) thereof. in section 2(vi) of the west bengal inland fisheries act, 1984, a tank .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2011SC1254
..... the officers of kolkata police amongst whom it was distributed under orders from superior officers of kolkata police. (c) the aforesaid fact of distribution of t-shirts by the company of respondent no. 12 to the officers of kolkata police for free was also reported in the 2nd october, 2007 edition of the english daily 'the hindustan times'. ( ..... 2007 and such t-shirts were distributed amongst officers of the rank of inspector and above. the petitioners further came to know that the respondent no. 12's company had sponsored the rally and the detective department of kolkata police had taken a lead role in such rally and its officers were also recipients of such t-shirt. ..... the writ petition and the hearing held before the hon'ble justice soumitra pal on 1st october, 2007, the petitioners came across a white t-shirt manufactured by the company of sri ashok todi (the respondent no. 12 in the instant writ petition) and his brother sri anil saraogi (the respondent no. 13 herein) under the brand .....
Tag this Judgment!Court : Kolkata
Reported in : (1990)1CALLT373(HC)
..... shall be entitled to relief under section 633 of the act. take the case of a partner in a partnership firm and a director of a company covered by companies act. both of them are covered by and can be made liable under section 14a in view of the explanation, but such a director is entitled ..... was) was pleased to pass an order thereby restraining the appellant from initiating any criminal proceedings against the four directors who were petitioners in the said company petition being company petition no. 54 of 1956, for non payment and/or delayed payment of the provident fund dues. his lordship by the said order, however, ..... filed under section 633 of the act. the respondents were income tax officers, regional provident fund commissioner, regional director, employees state insurance corporation and registrar of companies. the defaults for which the petitioners wanted to be excused from prosecution fell under different acts, namely, provident fund act, employees state insurance act and income .....
Tag this Judgment!Court : Kolkata
Reported in : (1996)2CALLT183(HC),100CWN900
..... in implementation of the policy declared in clause (b) of article 39.in the recent decision, of this court in tinsukhia electric supply company, the tinsukhia electric supply undertaking (acquisition) act, 1973 was challenged as unconstitutional. the contention that the act was entitle to the protection under article 31c was upheld pointing out ..... by west bengal act no. viii of 1965 to mean agricultural land other than land comprised in a tea garden which is retained under sub-section (3) of section 6 of the west bengal estate acquisition act, 1953 and includes homesteads. the said definition of land had undergone another amendment in the year 1972 ..... of every description and includes tank, tank-fishery, fishery, homestead, or land used for the purpose of live-stock breeding, poultry farming, dairy or land comprised in tea garden, mil, factory, workshop, orchard, hat, bazar, ferries, tolls or land having any other sairati interests and any other land together with all interests and benefits .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(2)CHN546
..... the gujarat state road transport corporation. it is not an acquisition for a company with the funds exclusively provided by the company which would attract part vii of the land acquisition act. in our opinion, the high court is right in reaching the conclusion that neither part vii of the land acquisition act nor the company acquisition rules would be attracted....249. in the decision reported in ..... in making the law are irrelevant.257. in the decision reported in : 1991crilj2483 , ashok kumar v. union of india and ors. the hon'ble supreme court held that in sonapur tea co. ltd. v. mst. mazirunnessa : [1962]1scr724 , it was reiterated relying on gajapati case (supra) that the doctrine of colourable legislation really postulates that legislation attempts to do indirectly what .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1986Cal132,89CWN700
..... within the ambit of the state list concerning money lending as contended by mr. mitter. 15. i respectfully agree with the view expressed by the assam high court in chargola tea company's case (air 1973 gauhati 136) (supra) and hold that there is no want of legislative competence so far as the state act is concerned. 16. mr. mitter ..... the power to take management of the borrower firm. in this connection, he has referred to a decision of the assam high court made in the case of chargola tea company v. assam financial corporation, reported in air 1973 gauhati 136. it was contended before the assam high court that the assam financial corporation act was ultra vires because of ..... at premises no. 42, raja santosh road, alipore, and the respondent no. 2, sisir kumar arnab was at all material time, a director of the said company. the company was empowered by its memorandum and article of association to borrow and/or raise money and to secure the payment or repayment of all sum or sums so borrowed or .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1993)45ITD22(Kol.)
..... net consideration in respect of the original asset, so much of the capital gain as bears to the whole of the capital gain the same proportion as the cost of acquisition of the new asset bears to the net consideration shall not be charged under section 45." 54. reading these two sections together, it will be seen that, firstly, ..... unabsorbed loss and unabsorbed deduction relating to tax holiday. as a consequential amendment, chapter vib of the income-tax act relating to restriction on certain deductions in the case of companies, is proposed to be omitted. these amendments will take effect from april 1, 1988, and will, accordingly, apply in relation to the assessment year 1988-89 and subsequent years ..... so far rendered by the benches of the tribunal in the cases of v.v. trans-investments (p) ltd. v. ito [1992] 42 itd 242 (hyd), asst. cit v. lallacherra tea co. (p) ltd. [1992] 42 itd 446 (gauhati) and buttwelded tools (p) ltd. v. asst. cit [1991] 39 itd 432 (mad) were in favour of the revenue .....
Tag this Judgment!Court : Kolkata
..... to act according to these provisions failing which certain consequences follow as indicated in the act itself. as to the provision regarding acquisition of a banking company by the government, it may be pointed out that any private property can be acquired by the government in public interest. it ..... taking care of such interest, as mentioned above, there is no other interest of the state to control the affairs and management of the private companies. such private companies would normally not be amenable to the writ jurisdiction under article 226 of the constitution.' 10. the writ petition filed by the appellant cannot have ..... business of banking. these are all regulatory measures for the purpose of maintaining healthy economic atmosphere in the country. such regulatory measures are provided for other companies also as well as industries manufacturing goods of importance. otherwise, these are purely private commercial activities. it hardly makes any difference that such supervisory vigilance .....
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