Judgment Search Results Home > Cases Phrase: the orissa ministers salaries act 1937 Court: kolkata Page 10 of about 121 results (0.053 seconds)

Emperor Vs. Hemendra Prosad Ghosh and anr.

Court : Kolkata

Reported in : AIR1939Cal529

..... ' the use of the word 'aid' in section 50 does not, in our view, vest the ministers with any right to exercise executive authority, since such a construction would be contrary to the clear provision in section 49, nor can the rules for the transaction of the business of the government of bengal made under section 59(3) of the act override or alter, in law, the same clear provisions. ..... section 59(3) provides:the governor shall make rules for the more convenient transaction of the business of the provincial government, and for the allocation among ministers of the said business in so far as it is not business with respect to which the governor is by or under this act required to act in his discretion.13. ..... 8 of the instrument of instructions issued to the governor of ben gal it is stated:in all matters within the scope of the executive authority of the province, save in relation to functions which he is required by or under the act to exercise in his discretion, our governor shall in the exercise of the powers conferred upon him be guided by the advice of his ministers, unless....12. ..... sub-section (5) of section 51 provides:the functions of the governor under this section with respect to the choosing and summoning and the dismissal of ministers, and with respect to the determination of their salaries, shall be exercised by him in his discretion.11. .....

Bijoy Singh Chopra Vs. Pyari Mohan Kundoo and anr.

Court : Kolkata

Reported in : AIR1948Cal161

..... there was another acquisition under the land acquisition act in 1887 for the use of the said railway but the location of that piece of land is one of the questions raised before the lower courts and has also been mooted before us.2. ..... the local investigation was ordered on 27th july 1937. ..... (where there is no express contract) with the owner of the site, the implied contract being that the seller would pay tolls on the goods ho sells in consideration of the owner of the site allowing him the use of the market, that is to say, giving him the advantage of meeting the buyers who gather on the site of the market the market place-which belongs to him, in the case where the owner of the site has let out the market, hat or fair to an ijaradar, giving him no interest in the soil of the site, but only an exclusive licence ..... to use the site, where there is the concourse of buyers and sellors, the same considerations would be applicable, for though he, the ijaradar, has no interest in the soil, the licence given to him by the owner of the .....

G. F. Carter Vs. Commissioner of Income-tax, CalcuttA.

Court : Kolkata

Reported in : [1963]49ITR773(Cal)

..... for instance it was said that when anybody serves a firm and receives a salary which attracts the levy of income-tax it is the firm who is responsible for making deductions out of the salary of the servant under section 18 of the act and that the same has got to be shown under section 21 of the act in the annual return. ..... the following are the undisputed facts which relate to the payment made :(1) the assessee came out to india in 1937 and was working as an assistant of the firm until july, 1947. ..... sen because of the help he, as a lawyer and advocate, had rendered in april, 1937, in respect of the new issue of shares in the indian iron and steel co. ..... commissioner of income-tax, the facts were as follows : pattani, the assessee, was the chief dewan of bhavnagar state from 1937 to 1948 when he was appointed the chairman of the bhavnagar durbar bank, for which post he received no salary. ..... i was an assistant in that firm from april 1, 1937, until the date the company was incorporated. ..... in 1937 when the indian iron & steel company limited were about to issue new shares of the company, mr. ..... in the year 1937. .....

Sleepwell Industries Co. Ltd. Vs. Lmj International Ltd.

Court : Kolkata

..... there is nothing to indicate that the expression "public policy" in article v(2)(b) of the new york convention and section 7(1)(b)(ii) of the foreign awards act is not used in the same sense in which it was used in article 1(c)of the geneva convention of 1927 and section 7(1) of the protocol and convention act of 1937. ..... in this context, it would also be of relevance to mention that under article i(e) of the geneva convention act of 1927, it is permissible to raise objection to the enforcement of arbitral award on the ground that the recognition or enforcement of the award is contrary to the public policy or to the principles of the law of the country in which it is sought to be relied upon. ..... article v(2)(b) of the new york convention of 1958 and section 7(1)(b)(ii) of the foreign awards act do not postulate refusal of recognition and enforcement of a foreign award on the ground that it is contrary to the law of the country of enforcement and the ground of challenge is confined to the recognition and enforcement being contrary to the public policy of the country in which the award is set to be enforced. ..... the judgment-debtor although had filed an affidavit in terms of the earlier order but in the affidavit, the judgment-debtor did not furnish any proof as required under section 48 of the arbitration and conciliation act, 1996 questioning the enforceability of the said award nor any independent application was filed challenging the enforceability of the foreign award. .....

Wales Vs. Tilley.

Court : Kolkata

Reported in : [1943]11ITR1(Cal)

..... 'the special commissioners discharged an assessment made under schedule e in respect of the sum of pounds 40,000 payable under the 1938 agreement, holding that it was a payment in commutation of the companys liability under the 1937 agreement to pay pension and increased salary, and that it was not income in the hands of the appellant. ..... , has held that the appellant is liable to pay income-tax under schedule e of the finance act, 1918, upon the pounds 20,000 paid to him by the company on april 6, 1938, and upon the pounds 20,000 so paid on april 6, 1939. ..... how much was payable under (a) and therefore was taxable.in these circumstances i should be inclined to think that this case must go back to the commissioners for them to find how much of the two sums of pound 20,000 was paid in consideration of the reduction of his salary (with a direction that the sum so found is taxable under schedule e) and how much was paid in consideration of the surrender of his right to the pound 4,000 a year 'pension' (which sum would not be so taxable). ..... tilley agreed to commute his pension for pound x and also to accept a reduced salary in consideration of a payment of a lump sum, on the authority of the cases above referred to the result would have been that the sum representing the commutation of the pension would not have attracted tax, while that which represented or was taken in lieu of the larger salary would have been taxable. .....

Jatindra Nath Pal Vs. Corporation of Calcutta

Court : Kolkata

Reported in : AIR1945Cal144

..... exercise of that power.in argument it was contended that since the corporation has power to appoint under section 51 (2), municipal act, and having this power the general clauses act provides that it shall also have power to dismiss, the power to dismiss is a power under the municipal act; therefore, the act of the corporation when dismissing the plaintiff, was done under the municipal act, and hence the present suit must fail as notice pursuant to section 538 was not previously ..... officers or servants for such period respectively as they think fit and may fix their salaries and allowances.24in argument reference was made to section 17, bengal general clauses act, 1899, which provides that:where, by any bengal act, a power to make any appointment is conferred, then, unless a different intention appears, the authority having power to make the appointment shall also have power to suspend or dismiss any person appointed by it in ..... he was acting, or officiating, as chief engineer from 21st october 1937 to 4th december following, which period would be about 18 months after his cousin was dismissed and about the time he ..... the plaintiff appealed to the committee against his dismissal by the chief executive officer which appeal was dismissed on 21st january 1937 ..... the resolution the committee passed on 29th january 1937 dismissing the plaintiff's appeal can be ignored since it was realised that he should have been given an opportunity to be heard and since that had not been accorded the .....

In Re: Susil C. Sen

Court : Kolkata

Reported in : AIR1941Cal666

..... mcquade (1902) 2 kb 631 was a case where a voluntary payment made to a clergyman as such was held to be taxable under section 146, schedule e, rules 1 to 4, income-tax act, 1842, where it is provided that income-tax is to be charged on all persons holding public offices and employments of profit (including those held under any ecclesiastical body whether aggregate or sole) for all 'salaries, fees, wages perquisites or profits whatsoever occurring by reason of such offices, employments or pensions. ..... he said in conclusion : 'the present time is opportune and we have got to go ahead with the scheme without any delay and the share-holders whom i represent wanted elucidation of the points i have referred to already and after the manner in which the management have behaved and met our objections and extended to us the courtesy and the benefit of discussions, the share-holders have no complaint'.2. ..... sen was not a testimonial to his ability or qualities as a lawyer generally, but was directly connected with a particular professional act, namely the part he played at the meeting of the share-holders held on 19th april 1937. .....

Susil C Sen Vs. Re.

Court : Kolkata

Reported in : [1941]9ITR261(Cal)

..... 1-4 of the income tax act, 1842, where it is provided that income-tax is to be charged on all persons holding public offices and employments of profit (including those held under any ecclesiastical bode whether aggregate or sole) for all'salaries, fees, wages, perquisites or profits whatsoever accruing by reason of such offices, employments or pensions. ..... sen was not a testimonial to his ability or qualities as a lawyer generally, but was directly connected with a particular professional act, namely, the part he played at the meeting of the share holders held on april 19, 1937. ..... sen was apparently at no material time during this period of april and may, 1937, acting as the legal adviser or representative or messrs. ..... sen because of the help he, as a lawyer and advocate, had rendered in april 1937, in respect of the new issue of shares in the indian iron and steel company, ltd. ..... - in or about april, 1937, it was contemplated to enlarge the indian iron and steel company of which messrs. ..... , in connection with his clients interests and also attended a meeting of the indian iron and steel companys share-holders which was held on or about april 19, 1937. ..... mugniram bangor must have profited accordingly.on may 6, 1937, a cheque for rs. .....

Bhupati Nath Smrititirtha Vs. Ram Lal Maitra

Court : Kolkata

Reported in : (1910)ILR37Cal128

..... . the practical meaning of this somewhat elusive expression is that the ministers of an idol have over the property dedicated to the idol, which is the same thing as the deity inspiring the idol, the same rights that they would have if they were trustees for his benefit, or if he was an infant and they managers on his behalf, being at the same time liable to corresponding duties legally ..... . 21, which is to the following effect:the right of one may consistently arise from the act of another: for an express passage of law is authority for it; and that is actually seen in the world, since, in the case of donation, the donee's right to the thing arises from the act of the giver, namely, from his relinquishment in favour of the donee who is a ..... this passage in the dayabhaga is used to illustrate the proposition that the 'right of one may consistently arise from the act of another,' and it is there pointed out in proof of this that in the case of donation the donee's right to the thing arises from the act of the giver; namely, from his relinquishment in favour of the donee who is a sentient ..... is translated by colebrooke as follows: 'that is actually seen in the world, since, in the case of donation, the donee's right to the thing arises from the act of the giver, viz ..... lal maitra or any of the grandsons of my father-in-law dies, his heirs shall be appointed in his place, in order of seniority and act according to the provisions made in para, (ka) and hold the estate as trustees. .....

Mathuramohan Chakravarti Vs. Lalmohan Chakravarti and anr.

Court : Kolkata

Reported in : AIR1938Cal597

..... of an auditor or a firm of auditors for the preparation of nikash and balance sheet at the end of every year, (3) appointments, dismissals, increment or reduction of salaries of officers ..... of chaitra 1339 be passed; (c) that the defendant is directed to deposit in future in the imperial bank of india all savings in the name of all the three partners; (d) that the defendant be directed to make over to the plaintiffs their shares of income of all the joint properties other than shakti oushadhalaya as soon as the dues are realized by him; (e) that the defendant in conducting the business of the shakti oushadhalaya do consult the plaintiffs in the following matters in connexion with the business, namely,(1) preparation of budget and estimate at the beginning of every year, (2) appointment ..... the plaintiffs in their plaint allege that the defendant has not consulted them and is acting according to his own will. ..... 21 of 1937 and in cross objections in the two appeals. ..... 21 of 1937 are dismissed. ..... 21 of 1937 were not pressed. ..... 21 of 1937 arises. .....