Judgment Search Results Home > Cases Phrase: the assam advocates welfare fund act 1998 Court: kolkata Page 1 of about 407 results (0.125 seconds)

Commissioner of Income Tax, Central – I, Calcutta Vs. Apeejay Medica ...

Court : Kolkata

..... soon after incorporation as a public limited company, between 28th march, 1984 and 30th march, 1984 the assessee raised a welfare fund of rs.4 crores from assam frontier tea limited, singlo (india) co.ltd.and empire plantation (india) ltd.all the aforesaid three companies also belonged to apeejay group of companies and controlled by the same mr.jeet pal and mr.surindra pal. ..... 18th august, 2000 passed by the learned income tax appellate tribunal, e bench, calcutta pertaining to the assessment year 1988-89 affirming an order of the cit(a) allowing exemption under section 10(22a) of the income tax act (hereinafter referred to as the act ).the following questions of law were formulated at the time of admission of the appeal:i)whether on the facts and in the circumstances of the case, the income tax appellate tribunal was justified in law in granting exemption under section 10(22a) of the act ignoring the fact that the assessee had lent money on interest ..... mr.kapoor, learned senior advocate, on the other hand contended that the assessee exists solely for the philanthropic purposes and not for any purpose of profit ..... (j2) in the high court at calcutta special jurisdiction (income tax) original side present: hon ble justice girish chandra gupta and hon ble justice indrajit chatterjee ita no.32 of 2001 commissioner of income tax, central i, calcutta versus apeejay medical research & welfare association (p) ltd.advocate for the appellant: mr.s.b.saraf, adv.advocate for the respondent: mr.s.k .....

Alok Sarkar Vs. Anindita Sarkar

Court : Kolkata

Reported in : 1996CriLJ126

..... the trial court under section 26 of the hindu marriage act is vested with the appropriate jurisdiction to pass appropriate orders from time to time and can also take into consideration the changed or altered situation to the entire perspective keeping in view the welfare of the child. ..... after the order was passed, before the court rose for the day, the learned advocate appearing for the mother submitted that his client was apprehending trouble in taking the child from the court to a residence and she was also feeling insecure as the father and others were there in the corridor. ..... shanti das and miss shyamali banerjee, learned advocates to accompany the child and both of them have agreed to do so, though his lordship further directed that the mother would take back the child to her home accompanied by the said learned advocates as also with the help of police but at least a lady police should also accompany the child. ..... bikash bhattacharjee, learned advocate appearing for the appellant contended before us that this order directing police help to the mother of the child and further direction that at least a lady police should also accompany the child was an error of decision made by the learned single judge in a proceeding for contempt.9. mr. ..... the learned single judge was of the opinion that the mother should be permitted to take the child back to her residence accompanied by police and with the help of police as also accompanied by some learned advocates to be appointed by the court .....

Regional Provident Fund Commissioner Vs. Rabindra Chandra Chamaria and ...

Court : Kolkata

Reported in : (1990)1CALLT373(HC)

..... therefore, though it is one act (in this case a welfare legislation like the provident fund act) it has to be applied and enforced in a different manner depending on the question whether though the employer may be a company within the meaning of the provident fund act by virtue of the explanation to section 14a thereof, whether it is also a company coming within the purview of companies act, 1956. ..... srivastava, advocate for regional provident fund commissioner and upon reading the petition of the said applicants and the exhibits annexed thereto and marked respectively marked 'a' and an affidavit of ravindra chamaria as to the verification of the said petition affirmed on the twenty seventh day of january in the year one thousand nine hundred and eighty six and all filed this day and by and with the consent of the parties appearing in this application being treated to have been placed in the days list as an adjourned application ..... srivastava, advocate appearing for the provident fund authorities states that the provident fund authorities have no objection in accepting such payment by instalment. ..... mukherjee, senior advocate of this court to make submissions before us in support of the contention that relief under section 633 of the companies act is available in respect of offences committed under other acts also. ..... pratap chatterjee, advocate who have, in the true tradition of the bar, appeared as amicus curiae in this matter pursuant to the request of this court.71. .....

Universal Paper Mills Limited and ors. Vs. Regional Provident Fund Com ...

Court : Kolkata

Reported in : (2001)3CALLT186(HC),[2001]106CompCas518(Cal),[2001(91)FLR591],(2001)IILLJ1193Cal

..... ), the hon'ble division bench held that it is a statutory liability and the provident fund act is a piece of social welfare legislation enacted for the purpose of welfare of the labourers. ..... cited before me i do not have any hesitation to hold that the company has no right to take shelter under section 22 in respect of statutory liabilities and the employees are entitled to have their statutory benefits under the employees' provident fund act and thereby any default on the part of the employer under the said act cannot attract the said section or can get away taking an advantage out of the said section and accordingly, in my opinion the purpose and object of section 22 cannot be interpreted in a manner to give ..... it further contended that since the employees' provident fund act does not contain any non-obstante clause and the sica act and the said act are both special statutes and since sica act came into force later than that of the provident fund act, in that case, it has been contended that the said act must prevail over the same.4. ..... binoy mishra, learned advocate, appearing on behalf of the respondent submitted that there is nothing illegal in the attachment of bank account under section 8b(a) of the said act. ..... 2137 of 1998 (regional provident fund commissioner v. .....

United Arab Republic and anr. Vs. Mirza Ali Akbar Kashani

Court : Kolkata

Reported in : AIR1962Cal387

..... the courts have even held that by the comity of nations a ruler of an indian state was not amenable to local taxation and that there was nothing in the indian income tax act or the assam agricultural income tax act which took away this immunity, see : [1949]17itr220(cal) (cal) and .48. mr. ..... in the absence of any specific law, regulation or act applicable to the case the common law as also the statutory law as it prevailed in england in 1726, as far as those laws could be applied to indian conditions, used to be administered in the city of calcutta by the mayor's court and the supreme court see advocate general of bengal v. ..... where proceedings are brought or continued for the administration of a trust or an estate in the hands of a trustee or some person over whom the court has control or for the winding up of a company or for the adjudication of a debtor as insolvent, the court will not decline jurisdiction by reason of the mere fact that a foreign sovereign is or may be interested in the trust or like fund and/or has to be served with notice of the proceedings. ..... the economic activities of a welfare state, such as state management of industry, state buying and selling are undertaken by it for public purposes and for the benefit of its nationals. .....

The Postal Department of India and Another Vs. Mrs. Shibani Ghosh

Court : West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata

..... 50,000/- towards the state consumer welfare fund, while the compensation of rs.10,000/- and litigation cost of rs.5,000/-are agreed to be paid . ..... 50,000/- to the state consumer welfare fund . op no. ..... advocates we are of the considered view that though the complainant issued withdrawal form signed by her towards withdrawal of mis money from the post office, the postal authority does not appear to have produced any evidence in support of their contention that the money was actually disbursed on 15.03.2004 after the maturity of the mis account to the complainant. ..... advocate appearing for the respondent / complainant submitted neither the amount of mis account, nor the duplicate pass book has been handed over to the respondent either by op no.1 and 2 or by op no.3 and in such case the op / appellants can not deny their responsibility to release the mis maturity value in favour of the complainant / respondent. ..... 3 got the withdrawal form signed by the petitioner for withdrawal of the amount towards monthly interest and also took away the pass book on the plea that for withdrawal of the money which was the maturity value of the mis account the pass book was required to be produced before the postal department. ..... forum below , the petition of complaint, the letter dated 12.10.2008 written by the advocate on behalf of smt. ..... the complaint case , in brief, was as follows:- the complainant , being a widow , deposited in 1998 her husbands death benefit to the tune of rs. ..... act. .....

Jenson Nicholson (i) Ltd. Vs. Controlling Authority Under the Payment ...

Court : Kolkata

Reported in : (2008)2CALLT350(HC),2008(2)CHN954

..... is pending, then, notwithstanding anything contained in the companies act, 1956 (1 of 1956) or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect under the said act or other law, no proceedings far the winding up of the industrial company or for execution, distress or the like against any of the properties of the industrial company or for the appointment of a receiver in respect thereof [and no suit for the recovery of money or for the enforcement of any security against the industrial company or of any guarantee in respect ..... she argued that the respondent authorities have acted in accordance with law for recovery of the statutory dues, and the payment of gratuity act 1972 being a social welfare legislation, the same should be outside the scope of the embargo envisaged under the provision of section 22 of the 1985 act. ..... reported in 2007(1) llj 140 mad; in which a full bench of the hon'ble madras high court held:in our opinion, the provision of section 22(1) of the sica has no application to the provident fund dues and the provisions of the epf act would not come within the purview thereof. ..... canara bank : [1998]3scr170 (ii) maharashtra tubes limited v. s.i.i. ..... textile labour association reported in 1998(79) f.l.r. .....

Prasanta Kumar Basu Vs. Narendra Kumar Anchalia and anr.

Court : Kolkata

Reported in : 2007CriLJ1026

..... act cannot under any circumstances be equated with the provisions of the provident fund act where the main intention was to recover and realise the provident fund amount which was due to the workers. ..... regarding the observation of the learned sessions judge that as the proprietor of the firm has not signed the petition of complaint and as he did not come forward before the court for giving deposition and for that reason the petition or complaint was not maintainable, learned advocate for the appellant argued that this finding of the learned sessions judge is absolutely illegal and improper which resulted in the failure of justice. ..... according to the learned advocate for the appellant notice was duly sent by registered post with a/d at the correct address of the place of the business of the accused and it was delivered at such place by the postman and as such notice should be deemed to have been served upon the accused. ..... in support of his contention he has relied upon the decisions reported in 1998 c cr lr (cal) page 106, ajay kumar churiwala v. ..... province of bihar, air 1956 assam page 127, abdul kadir v. ..... province of bihar and air 1956 assam page 127, abdul kadir v. .....

Aloke Kumar Ghosh and ors. Vs. Calcutta Municipal Corporation and ors.

Court : Kolkata

Reported in : (1997)2CALLT249(HC)

..... with regard to the second question, it was pointed out by the learned advocate for the petitioners that the building plan for the reconstruction of the new lansdowne market has not been sanctioned by the cmc in accordance with the provision of section 391 read with section 396 of the cmc act of 1980. ..... a mere irregularity, that too based upon a bonafide misunderstanding of the legal requirement cannot vitiate the award of contract or the start of the construction activity.for the foregoing reasons therefore being unable to find any merit in this writ petition, the same is dismissed but without any order as to costs.as prayed for, let certified xerox copy of this judgment be given to the learning advocates for the parties within one week from the date of application for such copy. ..... cmc, in the matter of operation of sections 391,392 and 396 of the act has been treated at par with other persons, as per the scheme of the act and the legislature in its wisdom did not draw any distinction between the cmc and other persons in the matter of obtaining the prior sanction for construction of a building. ..... once the cmc decides to reconstruct the building as a welfare measure, such a decision cannot be the subject matter of judicial review.2. .....

Sailen Seth Vs. Deputy Labour Commissioner and ors.

Court : Kolkata

..... and observe the provisions of the shops and establishment act, workmen' compensation act and contract labour (regulation & abolition) act, 1970, employees provident fund act, 1952 or any other enactment passed by the parliament or state legislature and any rules made thereunder by the appropriate government (s) in any way affecting the labourers employed by the contractor(s) and also indemnify the company against any liability that my be imposed by law or by the government for non-observance of any of the act or contract labour (regulation & abolition) act, 1970, employees provident fund act, 1952 ..... gupta, learned senior advocate appearing for the petitioner is that the there is no employer-employee relationship between the petitioner on the one hand and the respondents nos. ..... myriad devices, half-hidden in fold after fold of legal form depending on the degree of concealment needed, the type of industry, the local conditions and the like, may be resorted to when labour legislation casts welfare obligations on the real employer, based on articels 38-39-42, 43 and 43-a of the constitution. .....