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Judgment Search Results Home > Cases Phrase: the kerala kahadi and village industries board act 1957 1 Court: kolkata Page 1 of about 34 results (0.171 seconds)

Jan 15 1973 (HC)

The Khadi and Village Industries Commission and ors. Vs. Sudhangsu Sek ...

Court : Kolkata

Reported in : AIR1973Cal534

..... the commission is a statutory body and has power to enter into a contract only in accordance with the provisions of sub-rule (2) of rule 26 of the khadi and village industries commission rules, 1957, which provide that the commission may delegate to the chairman, the secretary, any member of the commission or any officer of the commission, such powers of entering into contracts on it behalf as it may think fit. ..... it is therefore quite clear that any contract entered into in any manner other than in accordance with the provisions of the above rule shall not be binding on the commission, for it is well established that any contract entered into by a statutory body not according to the provisions laid down in the act or in the statutory rules shall be void and unenforceable (see bhikraj jaipuria v union of india, : [1962]2scr880 ) mr. ..... it was, however, discovered that prior to the commencement of the new municipal act, section 29 under the earlier act provided that the commissioners shall (in the name of the chairman) by the description of the chairman of the municipal commissioners shall be a body corporate and in such name shall sue or be sued. ..... when the suit was filed almost immediately after the commencement of the new act obviouslythrough ignorance about the description of the body of the commissioners as a body corporate under the new act, a suit was filed against the chairman of commissioners describing them as constituted under the expired act. .....

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May 18 1994 (HC)

Kanailal Majhi and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : (1995)1CALLT297(HC),99CWN218

..... apart from the same, secretaries are also required to take various other duties and functions at the root level which are governmental duties relating to small scale cottage industries and department of forests and functions relating to khadi and village industries etc. ..... brief is as follows :in accordance with the fundamental principles underlying the constitution of india and for the purpose of organising and/or re-organising the entire administration pertaining to local self government and in furtherance of the objects of democratic decentralisation of powers in favour of class and/or classes of local bodies, the legislature in its wisdom enacted the west bengal panchayat act, 1957 (hereinafter referred to as the former act) whereby and whereunder several provisions were made for the purpose of establishment of panchayats in rural areas of the west bengal and also for the purpose of providing laws relating to matters ..... and the secretaries, have taken us through the various provisions of the west bengal panchayat act 1973 and the rules made thereunder and by comparing the provisions of the 1973 act and rules under the 1973 act with the former 1957 act and the rules made thereunder have tried to contend that the present act and rules have brought about material changes from the former act and rules which were not before the earlier division bench and such changes if considered would leave no manner of doubt that a relationship of master and servant does exist between the state .....

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Jun 22 2012 (HC)

Tata Motors Limited and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

..... that in section 6 of the said act it has been specifically stated that equivalent quantum of the land should be returned to the unwilling owners who have not accepted compensation and further the description of the land has been given in part i and part ii of the schedule of the said act and balance shall be utilized for socio-economic development, employment generation, industry and for other public purpose of the state.479. ..... clause 9 of the said lease deed it is the duty of the lessee to construct drainage and sewerage facilities on the demised land and in accordance with and in conformity with the overall master plan of drainage of the entire area inclusive of the surrounding villages prepared by the department of irrigation of waterways of the government of ..... for the respondent has submitted that such an interpretation would defeat the ends of justice and make the petitions under the companies act, infrauctuous inasmuch as any unscrupulous litigant, after suffering an order of winding up, may approach the board merely by filing a petition and consequently get the proceedings in the company case ..... (supra) the question was whether certain jagirs in the state of punjab known as cis sutlej jagirs were liable to be resumed under the provisions of the punjab resumption of jagirs act, 1957. ..... that the rules of interpretation do not permit the rewriting or recasting or redesigning of a statute.in support of his submission he relied upon the decision of state of kerala vs .....

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Sep 29 1967 (HC)

Jay Engineering Works Ltd. and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1968Cal407,72CWN440

..... the problem of trade union and the history of its growth and development fortunately as the indian trade union act 16 of 1926, the industrial employment (standing orders) act xx of 1926 and the industrial disputes act 14 of 1947 show our legislature has very wisely benefited by the experience of other countries in the matter of the development of the trade union movement and has made progressive just and fair provisions governing the important problem of industrial relationships the formation of trade unions and the settlement of industrial ..... that uncanalised and arbitrary powers were conferred upon the police by the impugned circulars by reason whereof the petitioner had been deprived of the eqalitv before the law and the equal protection of laws in support of this contention, reliance was placed on a decision of the supreme court in : [1956]29itr717(sc) in that case by an omnibus order made by the central board of revenue the ..... definite and positive information of criminal offences had been furnished to the police officers, namely looting of stores and threat of burning and breaking down the factory and machinery by telegrams dated may 31, 1957, copies of which are included in annexure 's' to ..... a telegram as to more than 'village gossip' however, for our present purposes ..... found few among the other state ministers to support him most others agreed that 'gheraos' were an un-health development, though mr manjuram of kerala declared that when workers acted in 'desperation', they .....

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May 01 1963 (HC)

Sk. Md. Soleman Vs. State of West Bengal and anr.

Court : Kolkata

Reported in : AIR1965Cal312,1965CriLJ679

..... das for the state government, and to consider the relevant provisions of the police act, in the background of the bombay police act, 1951, the citizenship act, 1955, the foreigners act, 1946, the extradition act, 1870, the preventive detention act, 1950, the passport act, 1920 and the rules framed thereunder, and the relevant articles of constitution of india and to appreciate the decisions, certain principles and/or observations made by the supreme court should be re-stated.57. ..... the needs of the country, the invasion of the indian territory by a foreign state and subsequent agreements between two border states, the position of other contiguous foreign states, the need to protect national industries and such and all other relevant considerations have no doubt to be examined by the government from time to time and provisions have to be made and rules to be suitably adjusted. ..... it also transpires that rajab ali had a pakistani passport and 'f' category visa which he was supposed to have lost in 1957 but which loss he did not report to any police station or to any authority in west bengal. ..... in that complaint three distinct allegations were made, namely, (1) that a pakistani national named rajab ali son of rabis ali, village bamui, sylhet, having no passport and visa, is residing in the eating house of sk. ..... municipal board, kairana, : [1950]1scr566 . .....

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Sep 19 1963 (HC)

Commissioners for the Port of Calcutta Vs. General Trading Corporation ...

Court : Kolkata

Reported in : AIR1964Cal290,68CWN410

..... lord parker who delivered the judgment of the board considered the various sections of the indian contract act and also the provisions of the english factors act, 1842 and held that'whenever any doubt arises as to whether a particular document is a 'document showing title' or a 'document of title' to goods for the purposes of the indian contract act, the test is whether the document in question is used in the ordinary course of business as proof of the possession or control of the goods or authorising or purporting to authorise, either by endorsement or delivery, the possessor of the document to transfer or receive the goods thereby represented. ..... . view of our finding that the plaintiffs have failed to prove the quantum of damages, we order that the appeal be allowed and the judgments dated 4th april, 1957 and 6th february, 1959 as well as the decree dated 6th february, 1959 passed by mallick, j ..... this is an appeal against two judgments dated april 4, 1957 and february 6, 1959 respectively as well as a decree dated february 6, 1959 passed by mallick, j. ..... in his judgment of 4th april, 1957 does not deal with the question of damages. .....

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Dec 16 2004 (HC)

Commissioner of C. Ex. Vs. Saktigarh Textile Industries Pvt. Ltd.

Court : Kolkata

Reported in : 2005(188)ELT8(Cal)

..... in the said case, unlike the provisions of the central excise act, since substituted by section 35h, the provisions of the wealth tax act, 1957 contained in sub-section (9) a provision that the section 5 of the limitation act, 1908 (1908 act) would apply and this sub-section (9) was deleted after the limitation act, 1963 came into force. ..... thus, it is not possible to ascertain from the statement of reasons and objects of the finance bill, 1999 the reason for amendment of section 35h extending the period of limitation to 180 days.5.1 in these circumstances, this question has to be dealt with on the basis of the provisions contained in the central excise act, particularly, section 35h and the limitation act having reference to the scheme of the central excise act.high court: reference : extent of jurisdiction :6. ..... dutta, learned counsel for the respondent, has raised a very interesting point on a question of law as to the applicability of section 5 of the limitation act in order to assail the maintainability of the application for condonation of delay in filing the reference.1.1 he drew our attention to section 35h of the central excise act, 1944 and points out that this section 35h was inserted by finance act, 1999 replacing the earlier provisions where the period of limitation was less than the period of limitation provided in the amended provision. .....

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Aug 07 1978 (HC)

Commissioner of Income-tax Vs. Ram Kumar Agarwalla and Bros. (P.) Ltd.

Court : Kolkata

Reported in : [1980]122ITR322(Cal)

..... , a return of his income......during the previous year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed: provided that on an application made in the prescribed manner the income-tax officer may, in his discretion, extend the date for the furnishing of the return, and when the date for furnishing the return, whether fixed originally or on extension, falls beyond the 30th day of september or, as the case may be, the 31st day of december of the assessment year, the provisions of sub-clause (iii ..... . in the instant case, though no return could have been filed for the assessment year 1957-58 after the coming into force of the act of 1961, yet returns for the subsequent assessment years 1958-59 and 1969-60 could have been filed under section 139(4) of the new act by the 31st march of 1963 and 1964, and mr ..... . 226 of the constitution, the assessee challenged the levy of interest before the kerala high court, and it was contended that sub-sections (1) and (2) of section 139 (as it stood prior to its amendment) did not have any application on the facts ..... . ajit sengupta, learned counsel for the revenue, cited and relied on a number of decisions to the contrary which are as follows:(a) indian telephone industries co-operative society ltd. v .....

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Sep 01 2009 (HC)

Hindusthan National Glass and Industries Limited and anr. Vs. Reserve ...

Court : Kolkata

..... the international airport authority of india (supra): (i) there is control over the management of the corporation by the state; (ii) the corporation enjoys state conferred or state protected monopoly status; and (iii) the functions carried on by the corporation closely relate to the governmental functions inasmuch as (a) that it is under deep rooted, all pervasive and extensive control of the government through the securities exchange board of india under the sebi act of 1992 and scra of 1956; (b) it has a complete monopoly status within the specified territorial limits. ..... the writ petitioners in that matter contended that the agreements with the appellant before the supreme court were in violation of article 21 of the constitution and the closure of the mill was in derogation of sections 25f and 25n of the industrial disputes act, 1947. ..... the bank refers to a decision rendered by a single judge of the kerala high court reported at (1988) 64 comp cas 399 (k.m. ..... . the bank refers to a judgment reported at : air 1957 sc 425 (manak lal v. dr .....

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Dec 21 1984 (HC)

Chandeswar Prosad Singh and anr. Vs. Sub Divisional Land Reforms Offic ...

Court : Kolkata

Reported in : AIR1986Cal1,89CWN414

..... and land reforms act, 1951 and held that by operation of the said statute the rights and interests of all intermediaries on the subsoil, mines and minerals vested in the state of u.p.the supreme court, thereafter, construed the mines & minerals (regulation and development) act, 1957 and the ..... the supreme court struck down section 4 of the kerala building tax act, 1961 read with the schedule to the said act on the ground that the said section violated article 14 of the ..... industry specified in a notification issued by the state government or for his personal use for any other purpose; provided that such extraction shall be subject to the following conditions and also to such further conditions, as the state government may impose by any general or special order from time to time : -- (a) the mineral so extracted shall not be disposed of by sale or otherwise without the prior permission in writing of the district magistrate or additional district magistrate (estate acquisition), or deputy commissioner or additional deputy commissioner of the ..... detection of other production.you are further directed to submit concerning treasury challan as soon as the amount is deposited, failing which legal steps will be taken against you in due course in terms of commerce and industries department (mines branch) memo no. .............. ..... own land : no lease will be required to be taken by a person, who extracts any minor mineral from his own land, either for use in any cottage industry owned by him, viz. .....

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