Court : Kolkata
Reported in : (1991)2CALLT75(HC),1991(33)ECC205,1991(53)ELT524(Cal)
..... the aspects of the matter and considering the submissions made on behalf of the respective parties, and looking at the facts of the case and the provisions of law involved thereby, this court is of the view that the steps taken by the respondent authorities and the acts done and/or caused to have been done by the import trade (control) order, the public notice and other consequential steps in pursuance thereof are not contrary to and inconsistent with the provisions as contained in section 3 of the imports and exports (control) act of 1947 and the ..... policy to restrict the entry of the goods through .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal545,65CWN920
..... section 23a that the object of enacting the section was to arm the president with power to control and regulate the vacations of the high courts in such manner as he thinks fit though by no stretch of imagination such a provision can be regarded as one having any relation with or any bearing on the questions of salaries or allowances, leave of absence, or pensions of judges which were the principal topics dealt with by the original act 28 of 1954, the new prevision affects not merely the judges of the high court but the high court ..... an analysis of the original provisions of the act 28 of 1954 indicates that the act was originally passed for carrying out the purposes of article 221 of the constitution and this legislation was based on the model of the government of india (high court judges) order 1937 passed on 18th march 1937 under section 221 of the government of india act, 1935 and other sections mentioned in the said order.32. ..... advocate-general of orissa, 1957 scr 167 at p. .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)1CALLT63(HC),1998(2)CHN276
..... as there was no decision of the chief minister, the decision of the revenue minister directing release of a land sought to be acquired under the provision of land acquisition act, 1894 was held to be not a decision in terms of the rules of executive business and thus, not binding on state. ..... 1 and further commanding the respondents authorities to withdraw the salary of primary teachers/petitioners who are working in extension beyond the age of 60 years and who opted for revised pay scale as per notification no.33-edn (b) dated 7.3.1990 and further commanding the respondents not to interfere with the discharge to salaries of primary teachers/petitioners who are working in extension beyond the age of 60 years till the attaining the age of 65 years not to take coercion measure against such teacher. ..... we do not intend to pronounce finally as regard rival contention as to whether they are still working or not but if their statements are correct we do not find any reason as to why they should be denied their salary at the old scale in the event, they opt for the old scale of pay in terms of the aforementioned government notifications within a period of two weeks from date. .....
Tag this Judgment!Court : Kolkata
Reported in : (1991)2CALLT214(HC)
..... that a catering contractor employed by the railway administration and subject to considerable supervision and control by the administration in the manner of the execution of the contract, is a 'railway servant' within the meaning of the provisions of section 3(7) read with section 148(2) of the railway act, 1890, is no longer open to question. ..... but this question is answered as soon as it is asked it is only this that after charging the public for meals even at prices as agreed upon by the railway administration and after making a presumable profit, the contractor was paying the salaries to these employees. ..... emperor (air 1937 lahore 547) that since the contractor could be 'overlooked' and directed in the manner of performance of his work, he was a servant and not an independent contractor. ..... maitra also appropriately placed reliance on the two cases reported in air 1937 lahore page 547 and in 1984 labour & industrial case page 1235 respectively. .....
Tag this Judgment!Court : Kolkata
Reported in : (1990)1CALLT373(HC)
..... . to put it otherwise, in the case of a 'company' which comes within the purview of section 14-a of the provident fund act but which does not come within the purview of the companies act, the liability of the persons concerned would be governed solely by section 14a(1) and (2) of the provident fund act and they will not be entitled to any relief under section 633, however if it is the case of a company within the meaning of the explanation to section 14a of the provident fund act and it is also a company coming within the purview of the companies act, then, such persons ..... ' (para 15)'that the question of recovery of arrears of employees' provident fund dues from the jute mills was discussed at some length in the meeting held on july 7, 1986 under the chairmanship of the then labour minister of the union of india with the jute mill owners. ..... in view of such circumstances on august 23, 1988 the appellant informed the said establishment about the withdrawal of the scheme formulated in the said meeting held on july 7, 1986 under the chairmanship of the then labour minister with jute mill owners. ..... . a general submission that the company was facing financial crisis is no answer as tax is deducted when salaries are paid as provided in section 192 of the income-tax act.'45 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1958Cal510
..... in paragraph 14 of the petition the applicant expressly says that the order of requisition without having been served on the applicant as provided by section 3 (2) of the act 'and taking possession of the said premises on the strength thereof within a few hours from the starting of the said requisition case * * * in contravention of the provision of section 4 of the said act has been arbitrary, illegal and mala fide' etc.i, therefore, find that the objection under section 4 is expressly taken in the petition.27. ..... by section 4 of that act the chief minister and each minister shall be entitled, without payment of rent, to the use of a furnished residence in calcutta throughout the term of his office at the expense of the public exchequer. ..... for which it is essential to provide him with residential facilities or to find accommodation for him in a particular locality in order that he may be enabled to perform or perform efficiently the duties of his office, i find it difficult to hold that the purpose of providing accommodation to a person merely because he is a government servant and merely because he is in need of accommodation, is a purpose in which the public, who pay him by a salary for such services as he renders are further interested, not to speak of being interested directly or vitally. ..... state of orissa', : 1954crilj1002 (c), applies here. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal328
..... the main defence was that the contract was an illegal contract under the indian law, the arbitration agreement, being contained in the contract itself, was equally illegal and therefore no award made on the basis of the contract and in pursuance of the agreement could be filed in india under the arbitration (protocol and convention) act, 1937.5. ..... the appellants obtained an arbitration award against the respondents in london and thereafter made an application to this court under section 15(1) of the arbitration (protocol and convention) act, 1937, for an order that the award be filed. ..... they contended in the first place that the contract, being one for export of goods to which the imports and exports control act applied, was void under the provisions of that act, but the contention is without substance, because the act permitted exports under a licence and the contract expressly provided that an export licence would be procured by the sellers. ..... the only provision in the act which fixes a time, namely section 22, does not apply to the present case and as regards arbitration agreement itself, instead of fixing any time, it left the time to the will and convenience of the arbitrators on the only condition that in extending the time they were to act jointly. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal102,64CWN134
..... . the applicant stated that he paid government revenue and the money paid by him constituted a part of the fund out of which the salaries of the ministers were to be paid, and therefore, he was a person interested in seeing, that the fund was properly expended ..... i shall have to deal with certain aspects of the discussion held on that day, particularly the decision of the mayor on the point as to whether the subject matter of the motions were appropriate under the provisions of the calcutta municipal act, 1951 (hereinafter referred to as the 'act'). ..... . whenever a corporation is created by an act of parliament, with reference to the purposes of the act, ana solely with a view to carry on these purposes into execution, t am of opinion, not only that the objects which the corporation may legitimately pursue must be ascertained from the act itself, but that the powers which the corporation may lawfully use in furtherance of these objects must either be expressly conferred or derived by reasonable implication from its provisions ..... it will be sufficient here to say that at that meeting an objection was taken to the effect that it was an ordinary meeting, and under rule 17 (d) of the 'rules of business' framed by the corporation, under powers conferred by the act, none of the resolutions mentioned above could be considered at such a meeting. .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(2)CHN721
..... that the so-called licensees, in our case, are permitted to take remuneration from the parties to the deed only at a rate fixed by the rules itself suggests that there exists relationship of master and servant between the parties notwithstanding the fact that the salary or remuneration is not paid direct by the master particularly when the master has the overall control over the duties of the servant who has been described in this case as licensee for the purpose of avoiding the liabilities undertaken by the government as is borne in case of the other employees of ..... . in the case before us, the state itself has enacted the statuary rules in exercise of power conferred upon it under the registration act for due compliance of the provisions of the said act and has decided to take the services of the writ-petitioners for the benefit of the government but without recognising them in terms of the provisions of the constitution ..... in the year 1995, the applicants staged demonstration and even went on strike throughout the state of west bengal and ultimately, at the intervention and assurance of the finance minister of the state of west bengal that their grievances will be considered, such agitation was withdrawn. ..... emperor, reported in air 1937 lahore 547.9. mr. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal225
..... i have said above that the act applies and the board gets jurisdiction only when a debt exists, or, in other words, that the existence of debt is the test or foundation of the act's application and the board's jurisdiction, i have also held that the board has jurisdiction to determine the existence of the debt, such jurisdiction not being exclusive or to the exclusion of the civil court on the point of existence of the liability, that is, not exclusive except, perhaps, beyond the limit of determination of the character of the liability, namely, whether it is a debt or not. ..... coming now to the reported decisions on the act, which are numerous, it appears as if there was a struggle between the learned judges for about long 18 years from april 14, 1937 till february 8, 1955 to find out, as to whether the jurisdiction of the civil court is ousted by the act or not. ..... 4(b)) passed by the board was without jurisdiction and void, that the said ekrarnama of april 8, 1937 was never acted upon and was not specifically enforceable in a court of law. .....
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