Judgment Search Results Home > Cases Phrase: the sikkim industrial promotion incentive amendment act 2007 Court: kolkata Page 1 of about 14 results (0.122 seconds)

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

Court : Kolkata

..... the constitution (seventh amendment) act, 1956, which came into force on november 1, 1956, entry 33 in list i read: acquisition or requisitioning of property for the purpose of the unionsimilarly, entry 36 in list ii read:acquisition or requisitioning of property except for the purpose of the union subject to the provisions of entry 42 of list iiiat that time entry 42 in list iii read:principles on which compensation for property acquired or requisitioned for the purpose of the union or of a state or for any other public purpose is to be determined, and the ..... that the tatas were being similarly requested by some other states in the country to set up the industry and offered them many incentives and ..... a proper planning of rural economy and conditions and a body like the village panchayat is best designed to promote rural welfare than individual owners of small portions of lands. ..... that the project of the tata motors at singur was the project of the state as it would be evident from the letter issued by wbidc dated 28th december, 2006 to tata motors and there was a tripartite memorandum of understanding dated 9th march, 2007 which would show that the project of the said tml was an agency for achieving the public purpose ..... any attempt by the state to acquire land by promoting a public purpose to benefit a particular group of people or to serve any particular interest at the cost of the interest of a large section of people, especially of the common people, defeats the very concept .....

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

Court : Kolkata

Reported in : 2008(2)CHN546

..... u.p. awas evam vikas parishad adhiniyam, 1965 and held in paragraphs 39 and 40 that unless both the acts are inconsistent and cannot operate harmoniously, the state act prevails over the central act but to the extent of repugnancy the state act becomes void since it is not fully consistent with the provisions of the amendment ..... interest. quite apart from the view taken by this court that acquisition in order to enable a company in the private sector to set up an industry could promote public purpose, we have enough material in the instant case to conclude that the proposed acquisition will serve larger public ..... . 7048 (w) of 2007] and drew our attention to the preamble of land acquisition act, 1894 (hereinafter referred to as 'the said act') and submitted that the object of the said act is for the acquisition of land for public purposes and for companies.55 ..... 389. the third vital question which has been raised by all the learned senior counsel appearing on behalf of the writ petitioners that the state authorities without following the rules of 1963 or the part vii of the said act are trying to hand over the land to a company without following the proper norms, and in support of their plea, the learned senior counsel relied upon a decision reported in air 2007 scw 6692 (devinder singh and ors. .....

Sri Amar Kumar Barik and ors. Vs. National Instruments Limited and ors ...

Court : Kolkata

..... it was further submitted that after amendment of the sick industrial companies (special provisions) act, 1985, the pses have been brought within its purview. ..... the national instruments limited was, however, declared a sick industrial company on a reference to the board for industrial and financial reconstruction (hereinafter referred to as 'bifr') under section 17 of the sick industrial companies (special provisions) act, 1985. ..... 3 contended that when jadavpur university came forward as a promoter to revive in the nil, the writ petitioners got anxious to extract some benefit.32. ..... 1.4.2007 in favour of jadavpur university (ju), kolkata for utilization of the company's infrastructure for r&d; purpose of ju and the board approved the said scheme in terms of provision under section 18(2b), 18(6a) and 18(4) read with 19(3) of the act. ..... on 17th july, 2007, a meeting was held in the bifr to consider the recommendation of the aaifr when the scheme of transferring the assets, liabilities and man power of the respondent no. ..... 203.48 lakhs towards employees related dues which was much higher than the employees dues at the relevant point of time as on 31st march, 2007. ..... initially the cut off date was 1.4.2007 which, however, was extended till 15th january, 2009. ..... a notice inviting objection regarding such transfer was proposed to be published in the leading newspapers and date was fixed for further hearing on 29th october, 2007. ..... 985 (w) of 2007, stands accordingly disposed of.52. .....

Tata Motors Limited and Others Vs. the State of West Bengal and Others

Court : Kolkata

..... the constitution (seventh amendment) act, 1956, which came into force on november 1, 1956, entry 33 in list i read: acquisition or requisitioning of property for the purpose of the union similarly, entry 36 in list ii read: acquisition or requisitioning of property except for the purpose of the union subject to the provisions of entry 42 of list iii at that time entry 42 in list iii read: principles on which compensation for property acquired or requisitioned for the purpose of the union or of a state or for any other public purpose is to be determined, and the ..... that the tatas were being similarly requested by some other states in the country to set up the industry and offered them many incentives and ..... proper planning of rural economy and conditions and a body like the village panchayat is best designed to promote rural welfare than individual owners of small portions of lands. ..... that the project of the tata motors at singur was the project of the state as it would be evident from the letter issued by wbidc dated 28th december, 2006 to tata motors and there was a tripartite memorandum of understanding dated 9th march, 2007 which would show that the project of the said tml was an agency for achieving the public purpose ..... attempt by the state to acquire land by promoting a public purpose to benefit a particular group of people or to serve any particular interest at the cost of the interest of a large section of people, especially of the common people, defeats the very concept .....

Brahmanand Himghar Ltd. and anr. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2008(3)CHN110

..... it may be mentioned here that the government of west bengal, commerce and industries department, issued the said notification with a view to extending some incentives in the service related activities of food processing sectors development of post harvest infrastructure for fruits, vegetables and flowers for promotion of industries in these sectors in the state not covered by the west bengal incentive scheme, 2000 and accordingly, added clause no. ..... in the said case, the state of haryana announced an industrial policy for the period 1.4.1988 to 31.3.1997 wherein industrial incentive by way of sales tax exemption was to be given for the industries set up in backward areas of the state and subsequently the state enacted the haryana general sales tax act, 1973 resulting retrospective effect of sales tax exemption to certain industries. ..... such application was refused by the department on the ground that the said cold storage was not eligible for such subsidy under the scheme of 2000 in view of the amended para 17a of the scheme of 2000 as per notification dated 12th december, 2001.3. ..... thus, considering all such aspects, we are of the view that the subsequent amendment dated 12.12.2002 by the state inserting clause no. .....

Subhamoy Singha Roy Vs. Jadavpur University and ors.

Court : Kolkata

Reported in : (2008)2CALLT468(HC),2008(3)CHN507

..... ...since no dispute was raised on behalf of respondents 1 to 4 in their reply to the averments made by the appellant in the writ petition that 40 per cent of the total number of posts had not been filled by promotion, inasmuch as the said averments had not been controverted, the high court should have proceeded on the basis that the said averments had been admitted by respondents.33. ..... such appropriate body, the executive council, received the report and resolved on may 16, 2007 that apart from the punishment to be inflicted on the discredited authors of the theses, the three supervisors be debarred from acting as supervisor of any phd candidate under the university in future. ..... it has been laid down by this court in a series of decisions that if an industrial employee's services are terminated after a proper domestic enquiry held in accordance with the rules of natural justice and the conclusions reached at the enquiry are not perverse the industrial tribunal is not entitled to consider the propriety or the correctness of the said conclusions. ..... it is only the further right - that of the disciplinary authority being required to seek the delinquent's views on the proposed penalty - which is no longer available after the forty-second amendment.29. ..... karunakar reported at : (1994)illj162sc where the effect of the forty- second amendment to the constitution in the context of a delinquent's right to represent against enquiry findings was discussed. .....

Sushil Kumar Agarwal Vs. Kalidas Sadhu

Court : Kolkata

Reported in : AIR2009Cal174

..... the case made out by the plaintiff in the amended plaint may be summed up thus:(a) a proposal came to the plaintiff for development and promotion of the premises no. ..... the plaintiff agreed to the said proposal and a written agreement dated 14th april, 1992 was entered into between the parties by which the defendant promised to handover the suit property free from all encumbrances to the plaintiff; but after the execution of the said agreement, it was found that the premises were not free from all encumbrances and in fact, huge municipal tax and electricity charges remained unpaid and at the same time, labour and industrial disputes, etc. ..... the present case is undoubtedly one for specific performance for enforcement of a contract for the construction of building on a land owned by the defendant and thus, the suit is not maintainable against the owner of the building as in such a situation, clause (iii) of sub-section (3) (c) is, at any rate, not attracted.we, therefore, find that the contract sought to be enforced in the suit out of which the present appeal arises is barred as it failed to comply with the conditions mentioned in sub-section (3)(c) of section 14 the act.mr. ..... this first appeal is at the instance of a plaintiff in a suit for specific performance of contract and is directed against the judgment and decree dated 28th february, 2007, passed by the learned judge, second bench, city civil court at calcutta, in title suit no. .....

State of West Bengal and ors. Vs. the Supreme Industries Limited

Court : Kolkata Appellate

..... roy, the learned advocate appearing on behalf of the petitioner, strenuously contended before us that the learned tribunal below failed to consider that the state government introduced the incentive scheme to promote industrialization in the state so that after the expiry of the incentive granted, the industrial unit can stand on its own feet. ..... (4) if there is a change in the gross value of fixed capital assets subsequent to the issue of a certificate of eligibility, the dealer holding such certificate shall inform the deputy commissioner or the assistant commissioner, as the case may be, of such change ordinarily within one month thereafter and the authority referred to above, on being satisfied with the supporting documents, shall amend such certificate accordingly.rule 150. ..... on 30th april, 2003 the said second expanded unit also obtained eligibility certificate for remission of tax under section 41 of the west bengal sales tax act, 1944 for a period of 7 years and prayed for extension of eligibility certificate from time to time and filed application for renewal of eligibility certificate for the period of 1st april, 2006 to 31st march, 2007 and 1st april, 2007 to march 31, 2008.6. .....

Ranabir Saha Vs. the State of West Bengal and anr.

Court : Kolkata Appellate

..... where two separate acts have been passed by the parliament namely, the dock labour (regulation of employment) act, 1948 and the subsequent legislation being the major port trusts act, 1963 it is crystal clear that the business of the powers of the calcutta port trust will derive its origin from the major port trusts act, 1963 and the functions and administrative powers of the calcutta dock labour board will be derived from the dock workers (regulations of employment) act, 1948 and the schemes framed thereunder. ..... dated 25.03.1965 the calcutta dock labour board has accepted the recommendation of the sub-committee taken at its meeting held on 2nd and 5th february, 1965 in supersession of the existing resolutions/ decisions of the board and amended the staff regulations together with pto concession rules with further decision that a reference be made to the central government as to legality or otherwise of the provision contained under clause 13(iii) of discipline, punishment and appeal rules for the staff of the board. ..... from the show cause notice dated 28.02.2008 issued to the petitioner herein by the chairman, calcutta dock labour board it has been stipulated that after careful consideration of the charges set out in the charge sheet memorandum dated 06.10.2003, the enquiry report dated 27.03.2007 and other related papers as available in the record, the disciplinary authority, the board, at its meting held on 28.11.2007, proposed in terms of rule 10(1) of supplementary service .....

Bally Jute Company Ltd. and Another Vs. Director of Industries, West B ...

Court : Kolkata

..... the writ petitioner bally jute company limited contended in its petition, that they have invested more than rs.25 crores and they are coming under mega unit as classified in the scheme and they are eligible to all the benefits including the industrial promotion assistance only after such investment as per the said scheme of 2004. ..... usha corporation limited which also made application for registration of its unit to the director of industries under the aforementioned scheme came to know that the deputy director of industries in his letter dated 2nd april, 2009 expressed his views to the effect that in terms of the notification dated 26th april, 2008 a new incentive scheme of 2008 has been announced and as per gazette notification dated 26th february, 2009 the same was made effective from 1st april, 2008 and application ..... saha roy submitted that as per section 3 sub-section (13) of general clauses act, 1897 the word commencement used with reference to act or regulation, shall mean the day on which the act or regulation comes into force. ..... another decision cited by the learned counsel for the state reported in 2007 vol.6 scc 44 (ram singh vijay pal singh and ors. vs. .....