Court : Kolkata
Reported in : (1990)2CALLT102(HC),94CWN393
..... (1) notwithstanding anything contained in this act or in any other law for the time being in force, with effect from the date of coming into force of the calcutta municipal corporation (amendment) ordinance, 1989 (hereinafter referred to in this section as the said ordinance) and for a period of one year from such date (hereinafter referred to in this section as the said period), no person shall apply for sanction of any plan to erect a building exceeding thirteen and a half metres in height. ..... the trial court passed an ad interim order on that day staying the operation of the resolution of the municipal building committee as communicated to the petitioners and at the same time appointed a special officer with liberty to engage the services of an architect chosen from out of the panel maintained by the high court to assist in finding out whether the revised building plans submitted by the petitioners in respect of the proposed multistoried building were in compliance with the building rules of the calcutta municipal corporation. ..... state of punjab, : [1967]2scr762 ). .....
Tag this Judgment!Court : Kolkata
Reported in : 2000(1)ARBLR241(Cal)
..... bank of india reported in : air1999sc2000 , the apex court while considering the provision of section 218d (1) of the bombay municipal corporation act held that as thereunder no further appeal is provided against the judgment of the learned single judge of the high court who decided the second appeal under section 200d of the act against the appellate order of the chief judge of the small causes court passed under section 217(1) of the act and as section 100a of the cpc which was intro-duced by the amendment act specifically bars any further appeal, no letters patent ..... 1, on the other hand, submitted that after coming into force of code of civil procedure (amendment) act, 1976 in terms whereof section 2(2) of the code of civil procedure has been amended, an order passed under section 47 of the code of civil procedure has been excluded from the definition of a 'deemed decree' and, thus, the appeal is ..... this clearly indicates the intention of the legislature in passing the amending act namely, to render the decisions under section 47 as non-decree so that there may not be a further round of litigation by way ..... bose, 0065/1979 : air1979pat308 , the punjab and haryana high court has held that an order under section 47 is (after 1976) not a decree and not appealable as a decree(ul)'. ..... cannot be any doubt whatsoever that pure declaratory award or decree is not executable as has been held by the apex court in state of punjab v. ..... dayal sharma reported in : air1990sc2177 , state of punjab v. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal225
..... if, theretore, a civil court came to the conclusion that there was no liability amounting to a debt within the meaning or the bengal agricultural debtors act, it could treat any order made by the debt settlement board in regard to such matter as void for want of jurisdiction.the law has since been changed, and under section 20 of the amended act, it is for the debt settlement board to decide whether the liability amounts to a debt within the meaning of the act, and the civil court, therefore, is not competent to question the decision of the debt settle-ment ..... as a liability incurred subsequent to january 1st, 1940 was no longer a 'debt', within the meaning of the said act, and the suit filed by the plaintiff included a claim of rent which had accrued due by the middle of january, 1940, that is to say, after the speci- fied date, the plaintiff made an application to the munsif, praying that the stay order might be vacated, at least with regard to that portion of the claim which was not a 'debt' within the meaning of the amended act. ..... the facts in that case were as follows: in november, 1936 the corporation of calcutta recovered seven preliminary charge decrees against the repondents or their predecessors, for consolidated rates under the calcutta municipal act. ..... state of punjab : 1953crilj525 and popatlal shah v. .....
Tag this Judgment!Court : Kolkata
Reported in : 85CWN133,[1983]139ITR548(Cal)
..... sen gupta that as the calcutta municipal act and the bengal municipal act have already been enacted in exercise of the power to tax on the profession, trade or calling, the state government cannot now enact the legislation under item no. ..... the doctrine of the violation of basic structure of the constitution or its fundamental features applies not to the provisions of a law made by a state legislature or parliament but conies into operation where an amendment made in the constitution itself is said to affect its basic features like fundamental rights enshrined under articles 14, 19, 31 or the power of amendment of the constitution under article 368 and so on. ..... bhunia elucidated the argument that the basic structure of the constitution is in the manner as follows :' if this tax as levied is enforced, the lawyers will be entitled to deduction from the income-tax and thereby the central government's share will be reduced to that extent and ultimately the state will suffer because if the income-tax is divided between the different states by thecentral government, the quantum of money they will get will be reduced. ..... the supreme court held that article 276 of the punjab panchayat samitis act and zila parishads act were not bad on the ground that the total tax imposed on profession, etc. ..... state of punjab, : [1979]1scr845 . mr. ..... state of punjab, : [1967]3scr557 , state of kerala v. ..... state of punjab, : [1979]1scr845 , which support dr. ..... state of punjab, : [1967]3scr557 , state of kerala v. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal282
..... by and under this amendment, 'appointed day' means such date as the central government may, by notification in the official gazette appoint as the date for the transfer of territories, to pakistan in pursuance of the 'indo-pakistan agreements' which mean the agreements dated the 10th day of september 1958, the 23rd day of october 1959 and the 11th day of january 1960, entered into between the government of india and pakistan; the relevant extracts of which are set out in the second schedule to the ninth amendment act 1960. ..... the word 'state' is defined in section 3(58) of the general clauses act (act 10 of 1897) as follows:'state-- (a) as respects any period before the commencement of the constitution (seventh amendment) act 1956, shall mean a part a state, a part b state or a part c state, and(b) as respects any period after such commencement, shall mean a state as specified in the first schedule to the constitution and shall include a union territory ..... an 'adverse' claim for creating title in land by prescription must, even under municipal law, be open and hostile and at best continue uninterruptedly for twelve years. ..... june 30, 1947, the governor general made an announcement that it had been decided that the province of bengal and punjab shall be partitioned. ..... on june 30, 1947 the governor general made an announcement that it had been decided that the province of bengal and punjab shall be partitioned and a boundary commission was appointed under the chairmanship of sir cyril .....
Tag this Judgment!Court : Kolkata
Reported in : (2002)IVLLJ270Cal
..... now, coming to the facts of the present case, it is more than apparent that the scheme was conceived by the trust in 1982, and it was sent to the government and the government, after examining the financial implications of the state as well as of me improvement trust and other relevant factors, came to the conclusion that the scheme being sanctioned from the year in which it was sent to the government and it was sent in 1982. ..... their lordships, after examining the matter, came to the conclusion that the slate government had acted reasonably specifying the cut-off date as april 1, 1977, that might have been the year in which the left front came into power in the state, but that does not detract from the validity of the reasons for fixing the date. ..... in this case, on identical facts pertaining to the calcutta municipal corporation act, the cut-off date, i.e. ..... it was also observed that if the government itself reconsiders the matter and confers the same benefits even to those who retired prior to june 9, 1986, it cannot be said to be either violation of article 177 of the jammu and kashmir civil service regulations (as amended in 1981) or it granted benefit to all the persons. ..... state of punjab (supra). ..... state of punjab, : (1997)iillj681sc ; union of india v. k.g. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal365
..... 15(2)(b) of the criminal law amendment act (1908), as amended in madras by the criminal law amendment (madras) act, 1950. ..... (ii) applicants for issue of stevedoring licences have to satisfy the commissoners on the following points and furnish the following proofs before their applications are entertained by the commissioners: (a) that the staff proposed to be employed by the applicants direct, is sufficient in number, fully trained and qualified, and the staff booked by the applicants through the dock labour board are sufficient in, number. ..... state of punjab, : [1958]1scr308 where the provisions of the punjab special powers (press) act, 1956 were held constitutional except with regard to one section of the act, namely, section 3. ..... since the proposal made by the port commissioners has been published in the official gazette as also the bye-law upon confirmation, one must presume that the proposal was contained in the publication dated march 31, 1960 and the bye-law as confirmed by the central government appeared in the publication dated august 18, 1960 and in the succeeding week. ..... 3(28) of the general clauses act and means a municipal committee, district board, board of port commissioners or other authority legally entitled to, or entrusted by the government, with the control or management of a municipal or a local fund. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal407,72CWN440
..... all that there is, can be said to be contained in the indian trade unions act 1926 or the amendment act 1947 (whichdeals with the matter of recognition of trade union), the criminal law amendment act 1932 and the industrial disputes act 1947. ..... amendment of the law relating to violence, threats, and molestation was made by a separate act passed in the same year, namely the criminal law amendment act 1871 which repealed the acts of 1825 and 1859 and substituted other provisions making it an offence for any person to use violence, threats, intimidation, molestation or obstruction with a view to coercing an employer to act in certain spcified ways e. g. ..... but sections 17 and 18 of the parent act have remained exactly as they were originally enacted ev the amending act however in clause (1) of section 2 it has been provided 'strike has the meaning assigned to it in the industrial disputes act 1947 (xiv of 1947). ..... that act was substantially enlarged in its scope by the amending act of 1947 (xlv of 1947) providing for obligatory recognisation of representatives of trade union and also specified certain acts as unfair practices on the part of recognised trade unions and certain other acts as unfair practices on the part of the employers. ..... in that case a notice of requisition was served by the town clerk of a municipal corporation in exercise of the delegated authority of the minister of health. ..... in punjab national bank v. a i. p. n. b. e. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal565,67CWN460
..... after the constitution seventh amendment act, 1956, it was not necessary to make such a statement in the notification or the declaration, even if it was at all so necessary at a time when the constitution had not been so amended. ..... before its amendment, by the constitution seventh amendment act, entry 33 of list i used to read as follows: 'acquisition or requisitioning of property for the purpose of the union. ..... the constitution seventh amendment act 1956 deleted entry 33 in list i and entry 36 in list ii and also amended entry 42 of list iii, the concurrent list, to which latter entry now reads merely as 'acquisition and requisitioning of property'. ..... in the notification it was further stated as follows : 'in exercise of the powers conferred by section 17(4) of the land acquisition act i of 1894, the governor is pleased to direct that the provisions of section 5a of the said act shall not apply to the waste and arable land described in schedule 'a' below to which in the opinion of the governor the provisions of sub-section (1) of section 17 of the said act are applicable. ..... he further states that the delhi municipal corporation turned down a proposal for establishment of a slaughter house and if a similar proposal had been put up before the municipal corporations of bombay and madras, they would have, he believed, rejected the same. ..... state of punjab. .....
Tag this Judgment!Court : Kolkata
Reported in : (1995)124CTR(Cal)201,[1995]211ITR79(Cal)
..... these provisions were introduced in 1975 under the taxation laws (amendment) act, 1975, with effect from october 1, 1975, and the taxation laws (amendment and miscellaneous provisions) act, 1986, with effect from september 10, 1986, respectively. ..... gautam's case : [1993]199itr530(sc) , in my view, the requirement of natural justice is inherent in the provisions of section 279(2) which reads as follows :'(2) any offence under this chapter may, either before or after the institution of proceedings, be compounded by--(a) the board or a chief commissioner or a director-general authorised by the board in this behalf, in a case where the prosecution would lie at the instance of the commissioner (appeals) or the appropriate authority ; (b) the chief commissioner or director-general or commissioner, in any other case.' 50. ..... --(1) if a person wilfully attempts in any manner whatsoever to evade any tax, penalty or interest chargeable or imposable under this act, he shall, without prejudice to any penalty that may be imposable on him under any other provision of this act, be punishable,-- (i) in a case where the amount sought to be evaded exceeds one hundred thousand rupees, with rigorous imprisonment for a term which shall not be less than six months but which may extend to seven years and with fine ..... reliance has been placed on the decisions in municipal corporation of delhi v. ..... sambhajirao chandrojirao angre, : 1988crilj853 , and punjab national bank v. .....
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