Court : Kolkata
Reported in : (1972)IILLJ297Cal
..... employees belong to the category 3 to 9. it is stated that the union, respondent no. 5, was duly registered with the registrar of trade unions, delhi. section 13 of the trade unions act, 1926, provides:every registered trade union shall be a body corporate by the name under which it is registered, ..... and shall have perpetual succession and a common seal with power to acquire and hold both movable and immovable property and to contract, and shall, by the said name, sue and be sued. respondent no. 5 is a registered trade union ..... may be broadly stated. first, that the order passed against the air corporation employees' union which is an incorporated body under the trade unions act of 1926 and the petitioners as ordinary members of the said union had no locus standi to challenge the order. secondly, that the code of discipline .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1973Cal248
..... said order has not obviously determined any part of the rights of the parties involved in the action and so cannot be taken to be a final order.14. in union of india v. khetra mohan banerjee. : air1960cal190 . a division bench of this court considered the observations of the supreme court is the case of asrumati debi v. rupendra deb. ..... 'without prejudice' to the rights and contentions of the parties.'8. for the purpose of this application sub-sections (1) and (2) of section 17 of the said act are material. the said subsections are set out hereunder :'section 17. when a tenant can get the benefit of protection against eviction-- (1) on a suit or proceeding being ..... april 1965 to november, 1968. with the exception of the rent for july, 1968. together with interest thereon as provided for in section 17 (2) of the said act. the defendant by the said order was given liberty to withdraw the amount deposited by him with the bent controller for the aforesaid period. the said order also directed .....
Tag this Judgment!Court : Kolkata
Reported in : [1973]43CompCas68(Cal)
..... i do not see how this decision is of any assistance to the appellant because the main question involved in that case was whether the impugned act imposed restrictions on inter-state trade, contrary to the provisions in the constitution. 44. the next case relied on was also a decision of the supreme court in state of madhya ..... injunction from interfering with the affairs of the company. we were told by counsel for the respondents that the evidence of the first witness produced by the petitioner, the union of india, was recorded for about 52 working days. while the first witness was under examination, the respondents in that application, among whom the appellant was one, ..... had ceased to exist, counsel for the appellant pressed before us the prayer for a declaration in terms of prayer (a) and for an injunction restraining the union of india, its servants and agents from proceeding with the hearing of the application any further. he argued that his client would be content with a declaration and .....
Tag this Judgment!Court : Kolkata
Reported in : [1972]85ITR531(Cal)
..... company for the period from 1st september, 1954, to 31st march, 1955. the company claimed and was allowed relief under section 341, income tax act, 1952, in respect of a trading loss for that period on the basis that the dividend should be excluded in computing its profit or loss for tax purposes. on 22nd january, 1960 ..... is assessed by the appropriate commissioner. assessments under schedule d are normally prepared by the inspector, and signed by the additional commissioners for the division in which the trade, etc., is carried on or the taxpayer resides; but the taxpayer may elect to be assessed by the special commissioners. income within schedule k is assessed by ..... considerations, provided, for the tenants who required them, services in connection with the cleaning and heating of the rooms. for the 4 years ending 5th april, 1925. 1926, 1927 and 1928, the company were assessed under schedule a to income tax on the gross value of the building as appearing on the valuation list under the .....
Tag this Judgment!Court : Kolkata
Reported in : [1973]43CompCas107(Cal)
..... the time would run from the date of loss or injury caused by such misfeasance. the allahabad high court in in re union bank, allahabad ltd. : air1925all519 also held that article 120 applied, but limitation would not run (dissenting from the lahore ..... the alleged misfeasance as a suit against these legal representatives is now barred by limitation. the bombay high court in kathiawar trading co. v. virchand dipchand, [1893] i.l.r. 18 bom. 119 held that a liquidator's suit against ..... representatives or heirs of the deceased director. mr. chaudhury also referred me to s.b. billimoria v. cecilia mary de souza, a.i.r. 1926 lah. 624, manilal brijlal v. vendravandas c. jadan, (1944] 14 comp. cas. 147; a.i.r. 1944 bom. 193 and s ..... be brought against a director during his lifetime, cannot be continued against his legal representatives under section 306 of the succession act. there is nothing, however, to prevent the official liquidator from instituting, in proper cases, according to the allahabad high .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1970Cal485,1974CriLJ1341,74CWN847
..... 1scr322 . in that case the supreme court in agreement with the observations of the privy council in raja of ramnad v. kamid rowthen, 53 ind app 74 = (air 1926 pc 22), of mookerjee, j., in secy. of state for india in council v. british india steam navigation co., (1911) 13 cal lj 90, of subramaniya ayyar, ..... that magistrates are inferior to the sessions judge. even then, the legislature thought that the lacuna should be filled up. by the criminal procedure amendment act 1923 an explanation was added to sub-section (1) of section 435 which provided that all magistrates whether exercising original or appellate jurisdiction shall be deemed ..... treats revisional jurisdiction as different from and independent of appellate jurisdiction and appellate jurisdiction does not necessarily carry with it revisional jurisdiction also. they alluded to act no. 26 of 1943 by which section 411-a was introduced into the criminal procedure code and commented on the fact that though by that statute provision was .....
Tag this Judgment!Court : Kolkata
Reported in : [1970]77ITR31(Cal)
..... as legal misconduct is not necessarily the popular misconduct.50. secondly, mr. roy for the assessee has drawn analogies from the sales tax act, the arms act and the ticca tenancy act. in support of his submission on these analogies, he has referred to three cases. the first case is hossein kasam duda (india) ..... of a penalty by the income-tax officer or the appellate assistant commissioner. the minimum prescribed above is not applicable to the inspecting assistant commissioner acting under section 274 or the tribunal hearing appeals from the penalty orders passed by the inspecting assistant commissioner in such proceedings. section 274(2) provides ..... contends that the transfer of the case by the income-tax officer to the inspecting assistant commissioner is in the nature of an administrative or departmental act and only after that transfer the penalty proceeding before the inspecting assistant commissioner starts. therefore, his submission is that the commencement of the proceedings really .....
Tag this Judgment!Court : Kolkata
Reported in : (1970)IILLJ148Cal
..... the industrial disputes act and has no statutory force. he argues that it is not, binding on the port commissioners or even on the labour although, the resolution says so, because it is contended that the resolution was a resolution of the government of india and not of either the trade union or the plaintiffs ..... was also response from the indian national dock workers federation to file their statements before the jeejeebhoy committee. besides these two all-india labour federations, 21 unions and 213 individuals and groups of employees also filed their representations before the jeejeebhoy committee. this procedure shows that it was an agreed and representative procedure ..... mr. chowdhury's earlier report and it is expressly stated by the jeejeebhoy committee's report that 'the government of india, thereafter, in agreement with the unions, appointed this committee to undertake the work of classification and categorization of class iii and class iv posts of the six major ports. in effect, the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1969Cal149,74CWN1,(1970)ILLJ707Cal
..... provisions of certain special statutes, e.g.,--(i) a registered union is made a body corporate by section 13 of the trade unions act, 1926, and is empowered to sue and be sued in its own name. (ii) under the industrial disputes act, 1947, an association of workmen has a right to raise ..... industrial disputes and to represent the workmen throughout the proceedings (ramprasad v. chairman. industrial tribunal, patna : (1961)illj504sc ) and can thus move against an award under the act (w. b. p. w. union ..... application under article 226 only when its rights as a collective body as distinguished from the aggregate rights of its members are affected by the act challenged in the proceedings (chiranjit lal v. union of india. : [1950]1scr869 ; govt. press employees' assocn. v. govt. of mysore, air 1962 mys 25; barrackpore bus syndicate .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1968Cal407,72CWN440
..... 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. the last mentioned act does not affect or regulate trade unions as such, but certain provisions e. g. which make strikes ..... .135. immunity from liability of the offence of criminal conspiracy and from civil suits in certain cases has been provided in sections 17 and 18 of trade unions act, 1926.136. (after mentioning the sections (see para 25a1 the judgment proceeds:) in section 17 above, immunity extends only to the specified offence punishable under ..... in this case neither the respondent-workers nor tht state government had claimed that 'gherao was protected under section 17 or section 18 of the trade union act, 1926, and therefore it was not necessary to consider if 'gherao was justified under either of the two sections but even if such immunity was claimed .....
Tag this Judgment!