Judgment Search Results Home > Cases Phrase: the orissa ministers salaries act 1937 Court: kolkata Page 1 of about 121 results (0.166 seconds)

Joydeep Mukherjee and ors. Etc. Etc. Vs. State of West Bengal and ors. ...

Court : Kolkata

Reported in : 2008(2)CHN546

..... . state : air1952ori200 , the orissa high court held in considering whether there had been satisfaction of the provincial government in connection with an order of detention that while under the rules of business made by the governor the satisfaction of the concerned minister must be taken to be the satisfaction of the government, there was no legal provision at all for delegation of that responsibility from the minister-in-charge to the ..... . an order made by the secretary of the department on the basis of standing orders made by the minister-in-charge, which standing order itself had been made by the minister on the authority conferred on him by the rules of business framed by the governor under article 166(3) of the constitution, is said to produce the position that the business of the government insofar as it consists in giving sanction under section 5(2) or being satisfied under section 4 or section 6 of the land development act, has been delegated by the minister to the assistant secretary of the ..... education. the staff of government law college and other government run colleges having faculties of arts, science, commerce, engineering and medicine draw a much higher scale of emoluments and enjoy greater benefits than what the private law colleges with their depleted resources can possibly afford to pay by way of salaries or other benefits to ..... out of eight law colleges in marathwada, seven are not in a position to pay salaries according to the scale fixed by the .....

Anis Fatma Begum Vs. Board of Wakf

Court : Kolkata

Reported in : AIR2004Cal91,(2003)2CALLT39(HC)

..... such division which may ultimately be effected, would not destroy the wakf character of any portion of the dedicated properties, but some portions thereof would be under the administrative control of the authorities under the wakf act, 1995, whereas the other portions would be governed by the provisions of the mussalman wakf validating acts of 1913 and 1930, the religious endowments act, 1863 and the shariat law application act, 1937 and others similar enactments. 40. ..... munshi submitted that while the definition of 'wakf and 'wakf-al-al-aulad' in the 1934 act was an inclusive definition, the definition of 'wakf in the 1995 act was an exclusive definition, and by bringing about such charge it was clearly the intention of the legislature to include within the scope of the 1995 act wakfs-al-al-aulad only to the extent to which the properties were dedicated for any purpose recognised by muslim law as pious, religious or ..... while section 48 of the aforesaid act provided for submission of accounts by wakf estates other than wakfs-al-al-aulad, section 52 provided for statements of wakfs-al-al-aulad to be filed by the 15th day of july every year furnishing details of the gross income from the wakf properties, the amount of government revenue, expenses incurred on account of salaries and allowances, religious and charitable purposes, etc. 33 ..... pari, reported in : [1978]115itr153(sc) , also equated wakfs with trusts for the purposes of the orissa agricultural income tax act, 1947. 19. mr. .....

Secretary to the Government of West Bengal, Home Department and ors. V ...

Court : Kolkata

Reported in : AIR1973Cal220

..... , : [1959]1scr379 , the high court also directed the refund of tax paid, if recovery was not barred under section 14 of the orissa sales tax act on the date of the filing of the application. ..... 4 of the standing orders made by the minister-in-charge under rule 15 of the rules of business may be referred to which gives to the secretary of the relative department that 'the formulation of policy or departure from accepted policy are submitted to me before disposal, cases in the different branches of the home department listed in the column 1 below shall be disposed of, or when so required by any rule or order shall be submitted for orders of the minister-in-charge, by, or under the orders of the officers respectively specified in column 2', column 2 mentions the secretary's name and column 1 mentions the name of police ..... as we see it, the claim for arrears of pay and pension cannot be said to be the subject-matter of the writ petition and is altogether outside the scope of the petition in which the only challenge is to the order reverting the respondent to his substantive post of inspector of police, we cannot, therefore, hold that the respondent is entitled to raise the question of his claim to arrears of salary and pension on the ground that there is a prayer for further and other reliefs in the petition. .....

Michel Golodetz and ors. Vs. SerajuddIn and Co.

Court : Kolkata

Reported in : AIR1959Cal603,63CWN128

..... the ratio of that decision is that a foreign award cannot be enforced in this country by an application under the indian arbitration act when the provisions of the arbitration (protocol and convention) act 1937 do riot apply to it. ..... that observation in russell is a possible argument for the proposition that a foreign award irrespective of the protocol & convention act 1937 of india is enforceable under the indian arbitration act. ..... was dealing with an application under section 3 of the indian arbitration (protocol and convention) act of 1937 for stay of a suit in the calcutta high court. ..... , : air1956cal644 held that section 35 of the indian arbitration act would not apply where the arbitration (protocol and convention) act 1937 applies. ..... that was the case governed by the arbitration (protocol & convention) act 1937. ..... with regard to foreign arbitration the statement of law is to be found in russell on arbitration 16th edition page 31 where it is stated that 'a clause in the contract providing for arbitration out of the jurisdiction and before a foreign arbitrator is an arbitration agreement within the meaning of the act so as to give a court jurisdiction under the act to stay an action to give effect to it. .....

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

Court : Kolkata

Reported in : AIR1968Cal407,72CWN440

..... subodh baneriee, west bengal labour minister, addressing the open session of the orissa state conference of united trade union congress here yesterday said, 'the sons of the soil must get preference in employment in rourkela steel plant'.considering the constitutional legislation and the socio-economic condition of the country at present, which is based on ..... shall not be spent on any other objects than the following, namely:-- (a) the payment of salaries, allowances and expenses to officers of the trade union;(b) the payment of expenses for the administration of the trade union, including audit of the accounts of the general funds of the trade union;(c) the prosecution or defence of any legal proceeding to which the trade union or any member thereof is a party, when such prosecution or defence is undertaken for the purpose of securing or protecting any rights of the trade union as such or any rights arising out ..... in the indian penal code, the criminal procedure code, the police acts and several provisions contained in industrial laws like the industrial disputes act 1947 which have declared certain acts to be unlawful acts or offences attracting penal punishments(9) the indian trade unions act 1926, has provisions exempting liability of the members of 'a trade union, both civil and criminal(10) section 17 of the act exempts members of a trade union from being charged with the offence of criminal conspiracy where the agreement is for the furtherance of any of the objects .....

Shree Bajrang Jute Mills Ltd. Vs. Fulchand Kanhaiyalal Co. and anr.

Court : Kolkata

Reported in : AIR1963Cal140

..... it was held by the learned judge that where on an application made under section 34 of the indian arbitration act for stay of a suit, an issue is raised as to the formation, existence or validity of the contract containing the arbitration clause, the court is not bound to refuse a stay but may in its discretion on the application for stay decide the issue as to the existence or validity of the: arbitration agreement even though it may involve incidentally a decision as to the validity or existence of the parent contract.' 6. ..... was then made by the respondent under section 5 of the arbitration (protocol convention) act 1937 (vi of 1937) for passing a decree on the award. ..... on an application for stay of a suit under section 34 of the indian arbitration act 1940, where an issue hag been raised as to the formation, existence and validity of an arbitration agreement, the court is not obliged to grant the stay but has a discretion to decide that issue and may, if necessary, set down the application for trial on evidence, even though it may involve a decision as to the formation existence and validity of the contract itself which incorporates an arbitration clause. ..... it is significant that under section 31(2) of the act all questions regarding the validity, effect or existence of an award or an arbitration agreement between the parties to the agreement or persons claiming under them shall be decided by the court in which the award under the agreement has been or may be filed, and by no .....

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

Court : Kolkata

..... section 4 (3) of the singur act also contains such a provision and requires tata motors to forthwith give vacant possession of the land immediately.he further pointed out that in the instant case possession was taken with a large contingent of police and the district administration within 2 to 3 hours of the announcement of the governors assent to the act by the minister of industry at about 06.00 or 06.30 p.m. ..... state of orissa reported in (1995) 5 scc 96 where the supreme court held that when a statute appears to nullify the decision of a court made in exercise of its judicial power then it encroaches upon the judicial power and has to be declared unconstitutional having regard to, the well settled and undisputed legal position that a legislature has no legislative power to render ineffective the earlier judicial decision by making a law which simply declares the earlier judicial decisions as invalid and not binding because the exercise ..... it also to be noted that the words provincial law used in section 107(1) of the government of india act, 1935, meant a law made by a provincial legislature enacted after 1st april, 1937. .....

Pratabmull Rameshwar Vs. K.C. Sethia (1944), Ltd.

Court : Kolkata

Reported in : AIR1960Cal702,64CWN616

..... it is true that in the present case the award holder had already made an application for filing the foreign award under the provisions of the arbitration (protocol and convention) act, 1937, and the appellant could have taken all the grounds which have been taken in the suit, in the said application, for resisting the enforcement of the award but it cannot be laid down as a universal proposition that the general right of action conferred by section 9 of the code of civil procedure or by section 39 or section 42 of the specific relief act is barred under all circumstances. ..... section 7(3) of the act of 1937 makes it clear that a party against whom an award is sought to be enforced can resist the enforcement on any ground other than the non-existence of the conditions specified in clauses (a), (b) and (c) of sub-section (1) or the existence of the conditions mentioned in clauses (b) and (c) of sub-section (2) and the court may either refuse to enforce the award or adjourn the hearing to enable that party to take steps to have the award annulled by the competent tribunal. .....

W. Wood and Son Ltd. Vs. Bengal Corporation

Court : Kolkata

Reported in : AIR1959Cal8

..... the difficulty created by the words in section 3, but invited us to bear in mind that the act had been passed in the year 1937 when the arbitration law in force in india, apart from the second schedule of the code of civil procedure, was the act of 1899 and the arbitration law in force in england was the act ..... a court stayed any proceeding under section 3 of the arbitration (protocol and convention) act, it had to be satisfied under the express terms of the section that there was a submission to arbitration in pursuance of an agreement to which the protocol applied and it, therefore, followed that if the agreement was such that the parties had elected thereunder to go to arbitration under the national statutes, the protocol could not apply to such an agreement and section 3 of the act also not applying in consequence, no question of stay ..... the learned judge has held that neither under section 34 of the arbitration act, 1940, nor under section 3 of the arbitration (protocol and convention) act, 1937, could the appellant have the ..... not inconceivable that since stay under section 3 of the arbitration (protocol and convention) act is not discretionary with the court but mandatory and since the effect of the section is that provision for an arbitration ousts the jurisdiction of the court altogether, the legislature might have considered it expedient to limit the operation of the section to cases where there had been an actual ..... ' in the acts in force in 1937, the words 'submission' and ' .....

S. Mohd. Naim Mohd. Alam Vs. Rouraffic and Far Eastern Ltd.

Court : Kolkata

Reported in : AIR1960Cal146

..... in my view the awards made by the umpire are not in conformity with the law governing the arbitration procedure and are not therefore enforceable in this country under the provisions of the arbitration (protocol and convention) act, 1937.43. ..... it has been argued before us that the expression 'arbitration procedure' in clause (c) of sub-section (1) of section 7 of the arbitration (protocol and convention) act, 1937 should be limited only to the procedure prescribed by statutory enactment and it has no reference to procedure which has its basis on principles of natural justice. ..... act it must have-(a) been made in pursuance of an agreement for arbitration which was valid under the law by which it was governed, (b) been made by a tribunal provided for in the agreement or constituted in manner agreed upon by the parties, (c) been made in conformity with the law governing the arbitration procedure, (d) become final in the country in which it was made, (e) been in respect of a matter which may lawfully be referred to aribtration under the law of india, and the enforcement thereof must not be contrary to the public policy or the ..... 7 of the arbitration (pro-tocol and convention) act 1937 it will be convenient to set out the relevant portions of sec. ..... passed in a proceeding to enforce certain foreign awards under the provisions of the arbitration (protocol and convention) act, 1937.2. .....