Court : Kolkata
Reported in : (1995)126CTR(Cal)69,[1995]212ITR496(Cal)
..... be made,61. this reasoning has been adopted by the respondents at the hearing. further, the respondents have relied upon the decision of the madhya pradesh high court in kamal textile v. ito : [1991]189itr339(mp) in this connection.62. the reasoning of the deputy commissioner equally with the reasoning of the respondents regarding the effect of issue of a ..... 19. before countering the petitioners' submissions, the respondents have strenuously contended that the writ application was not maintainable not only because the company had an alternative remedy under the act but was actively pursuing such alternative remedy. the submission is made with reference to the appeal pending before the tribunal from the impugned order dated december 27, 1991, and the ..... for three weeks from date.75. let a xerox copy of this judgment duly signed by the assistant registrar of this court be given to the parties upon their undertaking to apply for the certified copy of the judgment and on payment of usual charges. .....
Tag this Judgment!Court : Kolkata
Reported in : (1990)1CALLT373(HC)
..... under the chairmanship of the then labour minister with jute mill owners. as has been stated hereinfore the petitioners/ respondents in the instant appeal inspite of their undertaking given from time to time to pay the arrears of statutory dues failed and neglected to pay such dues and even after filing of the instant appeal by ..... arrears of employees' provident funds and esi dues. a review of the above scheme was made by the ministry of labour in consultation with the ministry of textiles and thereafter the appellant was directed to treat the scheme formulated in the said meeting held on july 7, 1986 as withdrawn. in view of such circumstances ..... number of defaults and breaches committed by the company in relation to its obligations arising under the employees' provident funds act, the employees' state insurance act, the sales tax act, the essential commodities act and the companies act on certain grounds. in that case the court proceed on the basis that such relief could be given under.the .....
Tag this Judgment!Court : Kolkata
Reported in : 2005(4)CHN601,2005CriLJ368
..... book, the preface, a particular passage and chapters, particularly, 9 and 11 which were indecent. the court found thus:'the writer undertakes to prove in his book that the prophet was guilty of acts which no decent man could describe and to show that he was in fact a person of such abandoned and infamous character....' ..... with the present notification dated 30th april, 2004 and mr. bagchi contends that the second notification is improper and it also speaks of the arbitrary and highhanded act of the state government in suppressing the fundamental right of its citizen.33. mr. bagchi next submits that the present order of forfeiture published through the ..... book is a colloquial language, which is very common in autobiographical works. the narration of the incidents of violence and bloodshed while protesting against the unconstitutional acts of imposing islam as the state religion creates the attending circumstances for use of caustic and high-flown language in the passages. it has been held in .....
Tag this Judgment!Court : Kolkata
Reported in : (1995)126CTR(Cal)351,[1995]213ITR744(Cal)
..... to proceed upon form no. 37ee filed by the petitioners earlier and take any decision or action thereupon in accordance with law. 25. all parties and others concerned to act on a signed xerox copy of this dictated order upon the usual undertaking. 26. stay of operation of this order is prayed for by mr. pal, but the sameis refused. ..... form no. 37ee already filed prior to the expiry of september 30, 1986. 22. the board framed a rule, namely, rule 48l under section 295 of the income-tax act, and later amended it, whereby it was provided that for agreements for transfer which had been entered into before october 1, 1986, form no. 37-i would be filed on ..... . that chapter was operative until september 30, 1986, when the operation of the chapter ceased by reason of the provisions of section 269rr of the said act. 5. chapter xx-c of the said act was inserted into the book from october 1, 1986. however, there is no clear provision like section 269rr which mentions the date of commencement of the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal290,68CWN410
..... 742 observes:-'other mercantile documents, such as delivery orders, dock and wharf warrants, and warehousemen's and wharfinger's certificates, and a fortiori informal documents, such as 'undertakings' to deliver, do not like bills of lading, represent the goods, so far as delivery by the seller in performance is concerned, so as when indorsed to ..... becomes his special agent;(ii) the general rule stated above is capable of being varied by special arrangement between the parties. thus, where the consignor undertakes to consign and undertakes to deliver at a particular place, the property, till it reaches that place and is delivered according to the terms of the contract, is at ..... to the carrier, but on delivery of the railway receipt against payment, see commissioner of income-tax v. bhopal textiles ltd., : [1961]41itr72(sc) , sections 23(2) and 25(1) of the indian sale of goods act, 1930. the delivery of the railway receipt to the consignee does not transfer the property in the goods, if .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1997Cal18
..... in : [1987]1scr819 , the supreme courtobserved that where the law of the past doesnot fit in the present context, the courtshould evolve a new law. in national textile-workers' union v. p. r. ramkrishnan, reported in : (1983)illj45sc , the supremecourt observed that if the law fails to respondto the needs of the changing society ..... an anathema to socialand economic justice. the constitution of india charges the state to reduce inequalities and ensure decent standard of life and economic equality. the act assigns the power to the rbi to regulate monetary system and the experimentation of the economic legislation, can best be left to the executive unless it ..... it was stated that the provisions of the residuary non-banking companies (reserve bank) directions, 1987 issued under the provisions of the reserve bank of india act (hereinafter referred to as the 'reserve bank directions') were wholly inadequate to meet with the present situation that has been brought about in these cases before .....
Tag this Judgment!Court : Kolkata
Reported in : 99CWN181,[1995(70)FLR770],(1995)IILLJ148Cal
..... that event, however, the appellant-petitioner's time to submit a reply to the show-cause notice be suitably extended by the appropriate authority. 16. the undertakings given by the appellant stand discharged. the registrar, original side, high court is directed to make available a xerox copy of this order for the parties with ..... of summary rejection of the writ petition principally on the ground that there exists an alternative remedy as laid down in section 75 of the employees' state insurance act, 1948. mr. pratap chatterjee, appearing in support of the appeal, submitted that in the facts of the matter under consideration, however, the question of having ..... backdrop the appellant-petitioner herein challenged the notices whereby the appellant no. 1 was declared as an 'establishment' within the meaning of the employees' state insurance act, 1948 before the learned trial judge by way of an application under article 226 of the constitution. the main thrust of challenge in the writ petition is .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1996Cal28,100CWN197
..... the police are not self-incriminatory, remote apprehensions being wholly irrelevant. to answer is citizen's duty; failure is asking for conviction. the appellant shall undertake to answer all questions put to her which do not materially incriminate her in the pending or imminent investigations or prosecution. if she claims immunity regarding ..... .66. de smith in his administrative and constitutional law observed:--'it would be unreasonable to apply the rules to the performance of formal ministerial acts by officers who, if acting in a judicial capacity, would have been disqualified'.the learned author further states the lawthus: 'if the main functions of a tribunal are ..... of witness would be admissible in any civil or criminal proceeding for the purpose of corroboration of contradiction as provided for under section 145 of evidence act. in another decision reported in 1968 mplj 629, the aforementioned decision reported in : air1965bom1 was dissented from and it was held that statements made .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1995Cal169,(1995)1CALLT98(HC)
..... counsel appearing on behalf of the defendant/petitioner relied on the following judgments:--(1917) 1 kb 486 (the king v. the general commissioners for the purpose of the income-tax acts for the district of kensington); : air1982cal412 (prof. a. k. sanyal v. dr. chitta ranjan baisistha).47. the said cases were relied on in support of the proposition ..... by these articles, required to be exercised or done by the company in general meeting, subject to nevertheless any regulation of these articles to the provisions of the said act, and to such regulations or provisions, as may be prescribed by the company, in general meeting, but no regulations made by the company in general meeting shall invalidate ..... to apply to give effect to this decree and orders made.all parties including the marshall, the official referee, customs authorities, port authorities and the port police to act on a signed copy of the operative portion of this judgment and order on the usual undertaking.58. order accordingly. .....
Tag this Judgment!Court : Kolkata
Reported in : [1992]74CompCas304(Cal)
..... contractual rate, the rate at which moneys are lent or advanced by nationalised banks in relation to commercial transactions. explanation i.--in this sub-section, 'nationalised bank' means a corresponding new bank as defined in the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970). explanation ii.--for the purposes of this section ..... it was a commercial transaction and, ordinarily, the rate of interest should be at contractual rate or the rate at which moneys are lent by the nationalised banks in relation to commercial transactions ; otherwise, it will amount to the court granting credit facility on somebody else's money, at a lower rate ..... judgment ; and (d) instalments to be granted, if any, for payment of the decretal amount.3. various suits were instituted in this court by different nationalised banks for recovery of huge amounts due from their constituents on account of moneys lent and/or advanced by the banks. in these cases, money decrees were passed .....
Tag this Judgment!