Judgment Search Results Home > Cases Phrase: the appropriation railways act 2014 Court: kolkata Page 14 of about 1,917 results (0.102 seconds)

Dinabandhu Jana Vs. Durgaprasad Jana

Court : Kolkata

Reported in : (1919)ILR46Cal1041

..... in the case before us, the appropriate course to follow would have been for the defendant to obtain a stay of the suit and then, on an application by either party under paragraph 17 (2), a reference to the arbitrators by the court under paragraph 17(4).10. ..... , in respect of any matter agreed to be referred, any party to such suit may, at the earliest possible opportunity, and in all cases where issues are settled, at or before such settlement, apply to the court to stay the suit; and the court, it satisfied that there is no sufficient reason why the matter should not be referred in accordance with the agreement to refer to arbitration, and that the applicant was, at the time when the suit was instituted and still remains, ready and willing to do all ..... his opponents are not allowed to enforce specific performance of the contract or to plead the contract as a conclusive bar to the suit; but the law permits them to apply to the court to stay the suit in the exercise of its judicial discretion, so as to enable either of the parties to obtain a reference to the arbitrators. ..... ' the burden, therefore, lies on the plaintiff to show that some sufficient reason exists why the matter should not be referred to arbitration and not on the defendant to show that no such reason exists; it is the prima facie duty of the court to act upon the agreement between the parties: lyon v. ..... railway passenger assurance co. .....

Birendra Nath Banerjee and ors. Vs. Mritunjoy Roy and ors.

Court : Kolkata

Reported in : AIR1962Cal275,66CWN191

..... .' (b) 'this position appears to me to be unquestionably right on principle; if it were not for the statute, the local government would not have any authority to acquire private property for public purposes without the consent of the owners thereof, but it is a primary requisite in the appropriation of lands for public purposes, that compensation shall be made therefor and consequently it was inevitable that the statute should provide for some tribunal for the assessment of the compensation; where such tribunal has been provided, upon ..... from maintaining this suit merely by reason of her having appeared before the collector and asked the reference to the civil court on the question of apportionment; and our reasons are shortly these : the award of the collector who under section 11 is no doubt authorised to deal with the question of apportionment, is declared by section 12 of the act to be final except as thereafter provided, only as between the collector on the one hand and the body of claimants on the other, and not as between the claimants inter self there is any question raised as ..... . in that case, some lands, were acquired for a railway and the collector alter serving notice under s .....

Raja Katra Vs. Corporation of Calcutta

Court : Kolkata

Reported in : 1973CriLJ1505

..... thatwhat particular rule of natural justice should apply to a given case must depend to a great extent on the facts and circumstances of that case, the frame-work of the law under which the enquiry is held and the constitution of the tribunal or body of persons appointed for that purpose.i respectfully agree with the said observations and i hold that 'the frame-work of the law under which the enquiry is held' being the calcutta municipal act, 1951, there is no doubt to the applicability of the principle of audi alteram partem ..... referring to the said principle, it has been observed by crawford thatit is also well established as a principle of statutore construction that words in different parts of a statute must be referred to their appropriate connection, giving to each in its place, its proper force and effect, and if possible rendering none of them useless or superfluous even if strict grammatical construction demands otherwise.applying therefore the test of the principles of interpretation of statute, i ultimately hold that to give effect to mr. ..... the principles of interpretation of statute rule out redundancy as was observed by lord sumner in the case of quebec railway light, heat and power co. .....

Commissioner of Income-tax Vs. Shaw Wallace and Co. Ltd.

Court : Kolkata

Reported in : (1987)59CTR(Cal)152,[1987]167ITR27(Cal)

..... it was observed in this case that the true nature and character of the appropriation must be determined with reference to the substance of the matter and the intention and purpose of the appropriation which had to be gathered from the surrounding circumstances. ..... : [1986]161itr168(sc) , that though the appropriation wasshown as a provision under the head ' current liabilities and provisions ', the same could still be examined and its true nature determined for the purpose of super profits tax.10. ..... in that case, the form of the balance-sheet provided in the companies act, 1956, was considered and it was held that an appropriation under the head 'reserve for surtax' was in the nature of a provision for taxation within the meaning of the explanation in rule 1 of the second schedule to surtax act and could not be included in computing the capital base of the company.7. ..... the fact that the appropriation had been shown under the head 'provision', in our view, makes no difference to the matter. ..... this decision of the supreme court was cited for the proposition that if any retention or appropriation of a sum fell within the definition of a ' provision' as defined in the companies act, 1956, it could never be a reserve. .....

Dunlop India Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [1983]141ITR542(Cal)

..... but the fact that they could not do so for the simple reason that the calculation and collection of figures of all the items of income and expenditure of the company for the year ending march 31, 1963, was bound to take some time cannot make any difference to the nature or quality of the appropriation of the profits to reserves as determined by the directors after the first ..... (sc) , this court, after referring to the dictionary meaning of the expression ' reserve ', observed : ' what is the true nature and character of the disputed sum (sum allegedly set apart), must be determined with reference to the substance of the matter ' and went on to determine the true nature and character of the disputed sum by relying upon the provisions of the indian companies act, 1913, the form and the contents of the balance-sheet required to be drawn up and regulation 99 in table a of the first schedule. ..... any amount standing to the credit of any account in the books of a company as on the first day of the previous year relevant to the assessment year which is of the nature of item 5 or item 6 or item 7 under the heading ' reserves and surplus ' or of any item under the heading ' current liabilities and provisions ' in the column relating to ' liabilities ' in the ' form of balance-sheet' given in part i of schedule vi to the companies act, 1956 (1 of 1956), shall not be regarded as a reserve for the purposes of computation of the capital of a company under the provisions of this schedule.' .....

Union of India Vs. M/S.Arbind Enterprises

Court : Kolkata

..... the copy of the award sent to the senior law officer (arbitration).eastern railway, kolkata, by the office of the general manager, eastern railway, kolkata and received by the office of the senior law officer (arbitration).eastern railway, kolkata. ..... the relevant extract from the said affidavit giving the relevant dates explaining the delay is quoted below : the copy of the award dated 22nd april, 2013 received in the office of the general manger, eastern railway 24th april, 2013. ..... on a query made by this court, mr.chatterjee would inform this court, there was no complain as against the concerned officers.hence, the railway did not think it fit to initiate any proceeding against them. ..... the deputy chief engineer/g, eastern railway, kolkata, for the principal chief engineer, eastern railway, kolkata, sent the copy of the award to the sr.divisional engineer/co-ordn. ..... the copy of the award sent to the office of the deputy chief engineer/g, eastern railway, kolkata by the senior law officer (arbitration).eastern railway, kolkata. ..... the learned judge, however, despite applying the ratio decided therein, could not entertain the said application in absence of appropriate explanation. ..... order sheet apo1592014 ap9722013 in the high court at calcutta civil appellate jurisdiction original side union of india versus m/s.arbind enterprises before: the hon'ble mr.banerjee, acting chief justice the hon'ble justice sahidullah munshi date : 1st august, 2014. .....

Krishna Kishore Kar Vs. United Commercial Bank and anr.

Court : Kolkata

Reported in : AIR1982Cal62

..... 31-1-1964, the defendant bank, by a letter informed the plaintiff that the eastern railway had already been paid and the bank had appropriated and adjusted the said sum against rs ..... according to the counsel for the bank, the bank did not appropriate or adjust on the basis of the counter guarantee but did so in exercise of its general lien under section 171 of the contract act. ..... i accept this submission on behalf of the plaintiff and hold that the bank was not entitled to appropriate or adjust its claims under section 171 of the contract act. 21. ..... deb, the counsel for the plaintiff, submitted that an express contract between the parties creating a lien or security would exclude operation of the statutory general lien under section 171 of the contract act, in the present case, the plaintiff and the bank had an express contract by way of counter guarantee providing the method of reimbursement ..... therefore the bank could exercise its general lien under section 171 of the contract act for making up the loss caused by the plaintiff and the bank had rightly adjusted this claim against rs ..... therefore, in the present case the defendant bank cannot exercise any general lien under section 171 of the contract act in view of the existence of the counter guarantee dated 27-11-1962 ..... for this principle, we need not look into the english cases as section 171 of the contract act itself clearly lays down that the provisions of this section will apply only in absence of the express contract to the contrary. .....

Dhiraj Lal Mehta Vs. Commissioner of Commercial Taxes and ors.

Court : Kolkata

Reported in : AIR1963Cal442

..... banerjee for the state also relies on section 23 of the sale of goods act which provides that--'where, in pursuance of the contract, the seller delivers the goods to the buyer or to a carrier or other bailee (whether named by the buyer or not) for the purpose of transmission to the buyer, and does not reserve the right of disposal, he is deemed to have unconditionally appropriated the goods to the contract. ..... if these two tests are applied then it must follow that the petitioner's delivery of these goods to the public carrier, a lorry in calcutta, made the appropriation by the petitioner to the contract complete in calcutta and such delivery is prima facie delivery to the buyer in calcutta. ..... the combined effect of sections 23(2) and 39(1) of the sale of goods act certainly is that in the one case delivery to the carrier is unconditional appropriation of the goods to the contract by the seller and in the other case delivery to the carrier is prima facie delivery of the goods to the buyer. ..... sales at a railway station in this state for a destination outside this state and the movement that follows the delivery to common carrier is so intimate and real that we cannot but hold that the movement is occasioned, caused, or brought about by the sale, and that the sales should be considered as sales in the course of inter-state trade or commerce. .....

General Family Pension Fund Vs. Commissioner of Income-tax, Bengal.

Court : Kolkata

Reported in : [1946]14ITR488(Cal)

..... to payment of management expenses could only arise if rule 25 were inapplicable and if the income-tax assessment of the funds life assurance business were properly made pursuant to other provisions of the act.although, in the light of the opinion previously expressed, allocation or appropriation has really become academic in this reference, since considerable argument was directed to a debtors right in that respect, i propose to examine the question but this is upon the assumption that rule 25 is in applicable to a mutual life assurance company.mutual dealings ..... further such allocation would not be the most business-like way of appropriating revenue to expenses subject to which, it would seem, the master of the rolls recognised a debtors right to allocate.the last three decisions in england were made with reference to provisions in english statutes, which do not find a place in the indian income-tax act, permitting deductions in certain instances; in those cases, the taxpayers did not seek to avoid using receipts ear-marked for particular payments, which payments were sought ..... that the principle of favourable appropriation as laid down in the edinburgh case is not applicable.thereafter two applications were made under section 66(1) of the act for the statement of a case by the appellate tribunal to this high court against the decisions of the tribunal in r.a.a. no. .....

Ashok Kumar Todi Vs. Kishwar Jahan and ors.

Court : Kolkata

Reported in : AIR2011SC1254

..... investigations before the hon'ble court and on perusal of such report the hon'ble court may be pleased to pass appropriate order/orders as this hon'ble court may deem fit and proper; b) a writ in the nature of certiorari do issue directing the respondents to produce all records in respect of the allegations made by the petitioners in the petition so that the same may be perused and appropriate orders be passed so that conscionable justice be done; c) a declaration do issue declaring that the acts and/or actions as complained in the petition against ..... . immediately after the incident, at first, the state government on september 24, 2007 decided to pass order of investigation by the cid instead of grps, dum dum, who had already commenced investigation on september 21, 2007 as the dead body was found by the side of the railway tracks within its jurisdiction ..... (xvii) on 21st september, 2007 the dead body of the deceased boy was found between dum dum and bidhan nagar road stations on the railway tracks with injuries and the head smashed. ..... (xxxix) the petitioners have been informed by the government railway police, dum dum, that a case of unnatural death being ud/183 dated 21.09.2007 has been started by the government railway police. ..... . on the thirteenth day of their separation through the intervention of police, rizwanur was found dead by the side of railway track near ultadanga railway station. 65 ..... london & north western railway company reported in house of lords 1905 ac 426; 6. .....