Court : Delhi
..... 440/2014 page 6 of 8 amicus curiae submitted that the three judges bench of the supreme court in state of west bengal & ors. v. ..... , 2016 air (cal) 293, the division bench of calcutta high court, after considering the law laid down by the supreme court in state of west bengal v. ..... 440/2014 page 4 of 8 2015 on the ground that the objections have been filed by the respondents beyond the prescribed period of limitation and therefore, the petitioner can seek execution of the award without waiting for the adjudication of the objections. ..... the decree holder filed the execution petition 440/2014 against the judgment debtor to seek execution of the arbitration award dated 18th december, 2010 in which the learned arbitrator awarded a sum of rs.69,57,720/- along with interest at the rate of 18% per annum to the decree holder.2. ..... learned counsel for the judgment debtor submits that that the execution petition is not maintainable as the judgment debtor has filed objections under section 34 of the arbitration and conciliation act before the xith acj, city civil court, hyderabad which have been numbered as op no.790/2015 in which notice has been issued to the decree holder who has also filed his reply to the objections.2. ..... in srei equipment and finance pvt. .....
Tag this Judgment!Court : Kolkata
..... there can be no two views that the transfer of property act is the general law governing immovable properties and the right to recover possession of an immovable property, whereas rent control acts like the west bengal premises tenancy act, 1997 carve out an exception in certain cases based on certain intelligible criteria, like the quantum of rent in the 1997 act. ..... in response to such objection, the petitioner asserted that the quantum of monthly rent would take the matter beyond the pale of the west bengal premises tenancy act, 1997 for the relationship between the parties to be governed by the transfer of property act. ..... anannya chowdhury) where the issue was as to whether any dispute arising out of a tenancy agreement could be resolved in arbitration in view of the bar in section 6 of the west bengal premises tenancy act, 1997. ..... the petitioner refers to a notice dated november 3, 2014 by which the petitioner sought a reference of the disputes that had arisen between the parties to arbitration and nominated the petitioner s arbitrator on the proposed arbitral tribunal. ..... sbi home finance limited) has been misread in the judgments of shyam retails and fingertips solutions. .....
Tag this Judgment!Court : Jharkhand
..... hare street, district kolkata 700001 (west bengal), both represented by petitioner no. ..... in this application, the petitioners have prayed for quashing the entire criminal proceedings including the order dated 06.02.2014 passed by the learned principal sessions judge, jamshedpur in criminal revision no. ..... bistupur, town jamshedpur, dist- singhbhum east represented through sri sanjay kumar, senior manager, finance cum constituted attorney/authorized representative. . . ..... act, an application was filed by the petitioners on 24.07.2013 and the said application, after considering the entire facts vide order dated 27.08.2013 was dismissed. ..... banerji s client to take further steps, if any, before the appropriate forum under section 138 of the negotiable instruments act against mr. ..... 71 of 2006, it was mentioned therein that the award will not come in the way of any proceedings before the appropriate forum under section 138 of the negotiable instruments act. ..... a company incorporated under indian companies act,having its registered office at 26, shakeshpeare sarani dimple court, kolkata 700017, and and administrative office narbheram building bistupur, p.o. & p.s. ..... a company incorporated under indian companies act, having its registered office at 26, shakeshpeare sarani, dimple court, kolkata 70017 and administrative office narbheram building bistupur, p.o. & p.s. ..... act. .....
Tag this Judgment!Court : Karnataka
..... insofar as section 40(a)(iib) is concerned, the learned counsel would submit that the said sub-clause was inserted by the finance act, 2013 with effect from 1.4.2014 and the said section specifically disallows any amount paid by way of privilege fee or which is appropriated directly or indirectly from a state government undertaking by a state government ..... the respondents 1 and 2 have drawn inspiration from the 2013 amendment, whereby clause (iib) of sub-clause (a) of section 40 of the it act was inserted by the finance act, 2013 with effect from 1.4.2014. ..... this is also evident from the circumstance that the finance act, 2013 the legislature has amended several other provisions of the income tax act and wherever the legislature intended that it should be retrospective, it is so specified as in the case of section 10(23fb), 10(49), 90(5) ..... disallowance was only when the payment was either rate or tax and when it is fee, cess, royalty, these further items have been brought in only by the finance act, 2013 with effect from the assessment year 2014-15. ..... the learned counsel for the petitioner would contend that the several reasons assigned by the assessing officer in the assessment orders pertaining to the above years would raise the following issues: (i) section 40(a)(iib) of the income-tax act disallows the privilege fee from the assessment year 2014-15 and subsequent years only and the amendment is prospective and not ..... state of west bangal air 1962 sc 1044 in this regard. 5 .....
Tag this Judgment!Court : Mumbai
..... the view of atlanata (supra), further approved by the supreme court in the state of west bengal (supra), to the extent of giving preference to the ordinary original civil jurisdiction of the high under section 2 (1)(e) of the arbitration act. 45. ..... the apex court in state of west bengal (supra), based upon the typical facts, reinforced the mandate of section 42 read with section 2(1)(e) referring to sections 8, 11 applications and emphasizing the importance of application filed under section 9 though for the interim measure and its effects of subsequent application even under section 34. ..... of pune court and not in mumbai court; that the learned arbitrator in the outgoing arbitration proceedings has decided the venue either at pune and/or at mumbai and the same could not be considered as the seat or place of arbitration and therefore, this court would not be "the court" within section of 2(1)(e) of the arbitration act; application under section 11 and /or arbitration appeal under section 37 of the arbitration act, are not the applications as contemplated under section 42 of the arbitration act and therefore, these court proceedings, even if any ..... atlanta limited, air 2014 sc 1093 g) state of west bengal and ors. vs. ..... the reliance was placed on kotak mahindra finance ltd. vs. t. ..... sbi home finance limited and ors. .....
Tag this Judgment!Court : Kolkata
..... the west bengal financial corporation, which had earlier granted finance to the appellant no.1, did not sanction any further loan to the appellant ..... accordingly, the west bengal financial corporation invoked section 29 of the state financial corporation act, 1951 and took possession of the entire assets of the appellant company, movable as well as immovable, as also its factory premises ..... according to the appellant company, some time in 2010 the appellant no.2, being an erstwhile director of the company, got to know that the name of the appellant company had been struck off the register of the registrar of companies, after which he filed an application under section 560 (6) of the companies act, 1956 for restoration of the name of the company in the register of the registrar of ..... are informed that the decretal amount has been deposited with the learned registrar general of this court pursuant to an order dated 11th may, 2015 passed by a division bench of this court in an appeal being fat363of 2014 from the decree which has been filed by uco bank in this court, against the said decree. ..... were, according to mr.drolia a letter dated 9th june, 2014 from the assistant registrar of companies stating that no formal order striking off the name of the appellant company had been passed. ..... mr.drolia submitted that a sum of rs.15,68,706/- is lying in deposit with registrar general of this court pursuant to an order dated 11th may, 2015 passed by a division bench of this court in fat no.363 of 2014. .....
Tag this Judgment!Court : Kolkata
..... by the finance department, government of west bengal whereby it has been notified as follows: in exercise of the power conferred by sub-clause (b) of clause (9) of sec.2 of the indian stamp act, 1899 (2 of 1899) (hereinafter referred to as the said act).and in supersession of this department notification no.3047-f.t.dated the 27th october, 1999, the governor has been pleased to appoint, with effect from the 27th day of october, 1999, the deputy inspector-general of every range to be also the collector within the meaning of clause (9) of sec.2 of the said act for the purpose of performing the functions of the collector ..... in view of such authorization made in favour of the deputy inspector-general of registration of every range, i find no infirmity in issuance of the notice calling upon the petitioner to appear before the deputy inspector-general of registration, range-i, west bengal on 23rd july, 2014. ..... writ jurisdiction original side aatreyee majumder versus state of west bengal & ors.before: the hon'ble justice dipankar datta date: 11th july, 2014 mr.joydip kar, sr.adv.with mr.sourav kumar mukherjee, adv.mr.s.sengupta, adv..for the petitioner mr.ayan banerjee, adv..for the respondents collector is defined in section 2(9) of the indian stamp act, 1899 (hereafter the act ) as follows: (9) collector (a) means, within the limits of the towns of calcutta, madras and bombay, the collector of calcutta, madras and bombay, respectively, and, without .....
Tag this Judgment!Court : Delhi
..... the transferor company no.1 was incorporated under the act vide certificate of incorporation dated 17.05.2010, issued by the the deputy registrar of companies, west bengal. ..... the transferor company no.2 was incorporated under the act vide certificate of incorporation dated 09.09.2011 issued by the registrar of companies, west bengal. ..... it has been stated on behalf of the applicant companies that no proceedings under sections 235 to 251 of the act or under corresponding provisions of the companies act, 2013 are pending against the applicant companies, as on the date of filing of the present application. ..... it has been also stated that the proposed scheme would be advantageous to combine the activities of the transferor companies and the transferee company into a single company for the benefit for all the applicant companies, their shareholders, creditors and all concerned.11. ..... the present is an application filed jointly, under sections 391 and 394 of the companies act, 1956 (hereinafter referred to as the act ) by axiom commodeal private limited (hereinafter referred to as transferor company no.1 ) and daniel tradex limited (hereinafter referred to as transferor company no.2 ) with cartel finance & investments private limited co.appl. ..... of delhi and a fresh certificate in this behalf was issued on 16.09.2014.6. ..... of delhi and a fresh certificate in this behalf was issued on 16.09.2014.5. .....
Tag this Judgment!Court : Jharkhand
..... bombay", reported in air 1965 sc 1942, a constitution bench of the hon'ble supreme court has held that "the question about the exclusion of the jurisdiction of civil courts either expressly or by necessary implication must be considered, in every case, in the light of the words used in the statutory provision on which the plea is rested, the scheme of the relevant provisions, their object and their propose. ..... agencies and others", reported in (1996) 4 scc 165, the hon'ble supreme court has held that the recovery of debts due to the banks and financial institutions act, 1993 confers exclusive jurisdiction on the tribunal and the recovery officer, in respect of debts payable to the banks and financial institutions and there can be no interference by the company court under section 442 r/w section 537 or under section 446 of the companies act, 1956. ..... (west bengal) ..... another registered deed of sale dated 04.05.1998 was executed by m/s protective saving & finance limited through, its director namely, sunil kumar saha in favour of rajendra singh ..... prayer made in application dated 06.01.2014 the learned counsel for respondent no. ..... since the company has gone in liquidation and the matter is sub judice before the calcutta high court, the 3 petitioners filed application dated 06.01.2014 seeking stay of further proceeding in title ..... application dated 06.01.2014 filed by the petitioners seeking transfer of title ..... 2004 has been dismissed by the trial court vide order dated 20.05.2014.3. ..... of 2014 1 .....
Tag this Judgment!Court : Jharkhand
..... srinivas agencies and others", reported in (1996) 4 scc 165, the hon'ble supreme court has held that the recovery of debts due to the banks and financial institutions act, 1993 confers exclusive jurisdiction on the tribunal and the recovery officer, in respect of debts payable to the banks and financial institutions and there can be no interference by the company court under section 442 r/w section 537 or under section 446 of the companies act, 1956. ..... kolkata (west bengal) ... ..... another registered deed of sale dated 04.05.1998 was executed by m/s protective saving & finance limited through its director namely, sunil kumar saha in favour of rajendra singh chahal. ..... referring to prayer made in application dated 4 06.01.2014 the learned counsel for respondent no. ..... since the company has gone in liquidation and the matter is sub judice before the calcutta high court, the petitioner filed application dated 06.01.2014 seeking stay of other proceeding in title suit no. ..... application dated 06.01.2014 filed by the petitioner seeking transfer of title suit no. ..... 90 of 2004 has been dismissed by the trial court vide order dated 20.05.2014.3. ..... 3482 of 2014 balwinder singh, son of late bahadur singh nagi, resident of katras road, ps bank more, dist. .....
Tag this Judgment!