Court : Kolkata
Reported in : 1991(32)ECC206,1991LC57(Calcutta),1989(41)ELT195(Cal)
..... of orissa : 1987(30)elt105(ori) , deputy commissioner of sales tax .a.b. ismaiel - : [1986]2scr522 , in c.a. no. 2705 (jain exports pvt. ltd. v. union of india) the judgment was delivered on 5-5-1988 reported in : air1986delhi221 .34. on behalf of the department the learned advocate has, inter alia, submitted as follows:it was ..... 1/87 dated 1st april, 1987 which provided as follows :-'import trade control orders:import trade control order no. 68/85-88 open general licence no. 1/87 dt. 1st april, 1987.in exercise of the powers conferred by section 3 of the import and export (control) act, 1947 (18 of 1947), the central government hereby gives general permission ..... to import into india from any country, except the union of south africa .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1975Cal80,78CWN1045
..... under order 21. rule 90, was dismissed for default. such a dismissal amounted to an order under rule 92 of order 21. 7. in basaratulla v. reazuddin, air 1926 cal 773 a somewhat different view was taken by another division bench consisting of cuming and page, jj. it was held that an order dismissing an application to set aside ..... . the case before gupta, j. was one under order 9. rule 13. the case before chakravarti, j. was the case of a proceeding under the calcutta thilka tenancy act, 1949. we are inclined for reasons already stated to agree with the conclusions of chakravarti. j. 23. in this connection counsel for the petitioner has also referred to the ..... the exercise of any additional jurisdiction under section 151. it is stated further that it is true that on rare occasions it has been held that the court can act under section 151 even when the specific provisions of the code do not apply. but the better and the preponderating judicial opinion is in favour of limitingparties to the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1952Cal781
..... place where the corporation carries on business. in the case of foreign companies, the place where the corporation carried on business meant the principal place of business in the indian union asiatic steam navigation co. ltd. v. tribhuwandas & co., a. i. r. 1928 sind 111.37. applying these rules to the facts and circumstances of this case, ..... of the business of the firm upon the manager or the managing partner he cannot do so at their residence (manjimal phaghunmal v. khubchand pahlumal, a. i. r. 1926 sind 208). the most important thing, however, to observe is that although an alternative mode is prescribed, namely, to serve on a partner or on a person in management ..... words have been defined in rule 2 of order 3. persons holding powers-of-attorney authorising them to act on behalf of the party, and in the case of persons not residing within the local limits and yet carrying on trade or business through an agent, are considered as the recognised agents for the purposes of service of process .....
Tag this Judgment!Court : Kolkata
Reported in : (2004)192CTR(Cal)557,[2005]272ITR513(Cal)
..... of entertaining a writ application, but if a direction has already been given for filing affidavit, at the time of final hearing, such plea cannot be raised [see union of india v. brij fertilizers (p) ltd. : [1993]3scr760 . this writ application was entertained in the year 1996. therefore, at this stage, long after ..... any legal foundation, in such cases, a writ court is quite competent to grant appropriate reliefs notwithstanding existence of efficacious alternative remedy. [see whirlpool corporation v. registrar of trade marks : air1999sc22 . earlier, in the case of dr. smt. kuntesh gupta v. management of hindu kanya mahavidyalaya : 1987(32)elt8(sc) , the supreme ..... of it authorities, has raised a preliminary objection as to the maintainability of this writ application pointing out that the petitioners having alternative remedy under the act itself, this court should not entertain this writ application. mr. mullick submits that by the impugned notice the respondent no. 1 has merely asked the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal218,66CWN917
..... shall have superintendence over all courts and tribunals throughout the territories in relation to which it exercises jurisdiction.' section 80 of the representation of the people act, 1951, expressly provides that no election shall be called in questionexcept by an election petition presented in accordance with the provisions of this part. therefore ..... be named. this has nothing to do with the procedure prescribed under the civil procedure code which has no such provision. section 170 of therepresentation of the people act, 1951 has been mentioned in this connection as giving an indemnity to the returning officer. that section, however, bars the jurisdiction of 'civil courts'. ..... that passage is based on the statute law of england. before 1868, parliament itself through committees dealt with parliamentary elections. in 1868 by the parliamentary election act (31 and 32 vict. ch. 125) jurisdiction to deal with election petitions was for the first time conferred on the courts of common pleas of .....
Tag this Judgment!Court : Kolkata
Reported in : (2004)3CALLT467(HC),2004(3)CHN399
..... on this question and we are not inclined to express any opinion on this question.4.4. section 7(xiii)(d) of the west bengal court-fees act, 1970 (1970 act) prescribes the court-fees payable on the basis of annual rackrent for recovery of immovable property from a tenant including a tenant holding over after determination of ..... this court and that the suit was not correctly valued; (ii) in view of sections 7 and 8 of the west bengal land reforms and tenancy tribunal act, 1997 (1997 act) the jurisdiction of this court has since ceased.3.2. before we proceed to decide the main two broad questions, we may answer the secondary question relating ..... the period of lease in the absence of any renewal or execution of fresh lease, the defendant/appellant became a premises tenant governed under the west bengal premises tenancy act, (wbpt act). the notice purporting to terminate the tenancy was, therefore, invalid.1.2. this suit has since been decreed holding inter alia that the defendant/ appellant was .....
Tag this Judgment!Court : Kolkata
Reported in : (2009)1CALLT43(HC),2008(4)CHN821
..... by the council or affiliated to the university and to exercise general supervision and control over them.(emphasis supplied)16. section 22(xxxiv) of the act postulates that the syndicate has the power of general supervision over the.... council for undergraduate studies and can give such directions to the council for due ..... )section 26(1)(iii) and (xi) is as under:powers and duties of the councils for undergraduate studies:26.(1) subject to the provisions of this act, and the statutes, the ordinances and the regulations, a council for undergraduate studies shall exercise the following powers and perform the following duties: -(iii) to ..... justice since it was passed without affording them an opportunity to deal with the same. submission was, there is no provision in the calcutta university act, 1979 (for short 'the act'). the calcutta university first ordinances, 1979 (hereinafter referred to as the 'first ordinance') and the calcutta university first statutes, 1979 ('first statute' for .....
Tag this Judgment!Court : Kolkata
Reported in : (2001)ILLJ868Cal
..... . in support of such contention mr. dutt relies upon the following decisions:1) hindustan aeronautics limited v. their workmen and ors., : (1975)iillj336sc ; 2) heavy engineering mazdoor union v. state of bihar and ors., : (1969)iillj549sc ; 3) cotton corporation of india limited v. odusmath g.c. and ors., 1999-i-llj-19 (kant-db); ..... national engineering industries limited v. state of rajasthan and ors., reported in : (2000)illj247sc , and the other in the case of whirlpool corporation v. registrar of trade marks, reported in : air1999sc22 .8. after hearing the learned counsel for the parties and after going through the materials on record, in my view, mr. dutt ..... government. for the above reasons, those statutory authorities although controlled by the central government have been specifically mentioned in section 2(a)(i) of the act to enable the central government to be the appropriate government in case of any dispute concerning those establishments. but the petitioner's name has not been .....
Tag this Judgment!Court : Kolkata
Reported in : [2000]102CompCas81(Cal),(1999)2CompLJ72(Cal)
..... prasad jalan against akshay nidhi ltd. and others on september 12, 1990, for certain reliefs. the principal allegation to the said application was that 1,250 shares of raigarh trading' ltd. held by akshay nidhi had been sold to one aditya kanoria who is a confirmed friend of mahabir prasad jalan, appellant no. 1 herein.12. according to the ..... namely, sree, ultra, bhanu and fida are concerned, is set aside, along with the order of supersession of their boards of directors ; lastly the 1,250 shares of raigarh trading company, which by a resolution were permitted to be sold,are to be handed over to the special officer within a month from the date of passing the order and ..... let us now consider some of the decisions cited at the bar. in m.v. elisabeth v. hanuan investment and trading pvt. ltd. air 1999 sc 1014, the apex court was dealing with the colonial courts of admiralty (india) act. it held that an action in admiralty would be an action in rem. this decision has no application in the facts .....
Tag this Judgment!Court : Kolkata
Reported in : (2005)1CALLT296(HC)
..... section 489b of the indian penal code a division bench of the lahore court in the case of bikha ram v. the king-emperor, reported in air 1926 lahore 72 opined that the object of section 489b was to stop traffic in forged notes and therefore anyone knowingly purchasing and selling forged notes is guilty under section ..... be a recorded or memorandum of the evidence of sethirani in the benaras case, would not be admitted in evidence without formal proof. section 80 of the evidence act does not deal with the question of admissibility of the documents referred to therein, but simply dispenses with the necessity of their formal proof by raising the presumption ..... ramzan could have been confronted with the statements made under section 164 code of criminal procedure for the purpose of discrediting him under section 145 of the evidence act.(b) a statement under section 164 code of criminal procedure can never be treated as a substantive piece of evidence. in support of his submission he relied .....
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