Judgment Search Results Home > Cases Phrase: warehousing development and regulation act 2007 section 7 duties of warehousemen Court: kolkata Page 1 of about 4 results (0.059 seconds)

Commissioner of Income-tax Vs. Indian Aluminium Co. Ltd.

Court : Kolkata

Reported in : [1973]88ITR257(Cal)

..... it should be remembered that, although section 15c has been incorporated in the indian income-tax act, 1922, in 1949 and the words ' substantial expansion' have been incorporated in section 13(1)(d) of the industries (development and regulation) act, 1951, and also in section 45(d) of the wealth-tax act, 1957, read with section 5(1)(xxi), the legislature did not choose to make the necessary amendments by adding any proviso or explanation to section 15c(2)(i) of the indian income-tax act, 1922.16. ..... to the effect, ' that under the income-tax act, 1922, and the wealth-tax act, 1957, the concept of substantial business expansion under the industries (development and regulation) act, 1951, is not recognised ' do not lay down that substantial business expansion must necessarily be reconstruction of the existing business and is not under any circumstances entitled to the benefit of relief conferred under section 15c of the indian income-tax act, or under the relevant provisions of the wealth-tax ..... some reason or other, this court feels unable to agree with and follow the said decision, it will be the duty of this court to refer the said decision to a larger ..... if the said decision covers the question in the present reference, it is normally the duty of this court to follow the said decision, so long as the said decision is not set aside by any ..... the duty of this court to follow the said decision and in view of the said decision of the division bench, the decision of the tribunal must be held .....

Bharat Glass Works (Private) Ltd. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : AIR1957Cal347

..... that an industry which is controlled in the manner laid down by the industries (development and regulation) act, 1951 must be said to be carried on under the authority of the central government ..... advocate-general appearing on behalf of the respondents has also drawn my attention to section 31 of the said act which says that the provision of that act shall be in addition and not, save as otherwise expressly provided in the act, be in derogation of any other central act for the time being in force relating to any of the scheduled industries.3. ..... central government, in pursuance of sub-clause (1) of clause (a) of section 2 of the industrial disputes act, has specified for the purpose of that sub-clause, controlled industries engaged in the manufacture and production of coal, including coke and other derivatives which have been declared as controlled industries under section 2 of the industries (d and r) act, 1951. ..... the relevant provisions which are necessary to be noted, save and except the last section, namely, section 32 which is important, inasmuch as it has amended section 2 of the industrial disputes act, 1947 being central act xiv of 1947. ..... he says that according to the definition of 'appropriate government' in section 2 of the industrial disputes act, the proper authority to refer any disputes concerning any industry carried on under the authority of the central government, was the central government, and therefore, the government of west bengal had no authority to make such .....

Bharat Aluminium Company Limited and ors. Vs. Sukumar Mukherjee and or ...

Court : Kolkata

Reported in : (1998)2CALLT60(HC),[1999(81)FLR52],(1999)ILLJ828Cal

..... on or about 1.5.78, the management of the said undertaking was taken over by the appellant company in terms of section 18aa of the industries (development and regulation) act, 1951. ..... --for the purpose of this act,-- (1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, includingservice which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order treating the absence as break in service has been passed in accordance with the standing orders, rules or regulations governing the employee of the establishment), lay-off, strike or a lockout or cessation of work ..... not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this act.' 8. .....

In Re: the India Electric Works Ltd.

Court : Kolkata

Reported in : AIR1970Cal398

..... chatterji therefore submitted that in this case the alleged consent by the central government under section 18e(1)(c) of the industries (development and regulation) act, without any notice to the persons affected, violates the principles of natural justice and exposes the provisions of that section to the risk of being struck down on the ground of allowing the executive uncontrolled arbitrary discretion.23. mr. ..... binapani dei, : (1967)iillj266sc , it was observed that 'if there was power to decide and determine to the prejudice of a person, duty to act judicially was implicit in the exercise of such, power. ..... . the first of such presumptions is that officials will discharge their duties honestly and this presumption is heightened when the law vests a discretion in high officials or authorities as distinguished from minor officials, or in the government itself ..... 87 empowered the company to borrow at interest upon bond or mortgage of the lands recovered and inclosed by them, a sum not exceeding 25000 and also a further sum not exceeding 25000 upon mortgage of the tolls, rates and duties. ..... or if the company has no power to borrow or has only power to borrow up to a certain sum, the activity will be ultra vires whether the other party realises it or not and when the transaction is ultra vires, the other party, speaking generally, has no rights at all; the transaction being completely void, cannot confer rights on the third party nor duties on the company. .....

National Sugar Mills Ltd. Vs. the State of West Bengal

Court : Kolkata

Reported in : AIR1967Cal609

..... if any particular provision of any statute authorises the state government to take over management or control of any industrial undertaking and the state government chooses to exercise such powers in pursuance of any such provisions, section 20 is attracted and the provisions of the said section apply section 20 of the industries (development and regulation) act has no application to any case of taking over possession on the basis of any arrangement or agreement between the parties ..... it is further argued that even if the state government had taken over the possession in enforcement of the security and the right created under the mortgage, such taking over of possession must be construed to be authorised under the law of contract and by virtue of the provisions contained in section 20 of the industries (development and regulation) act, such authority under the law of contract has been curtailed and it is not open to the state government to exercise any such right or authority conferred by the indenture of ..... . in my view, section 20 of the industries (development and regulation) act, 1961 does not deal with any contractual rights or obligations of the parties and it does not preclude the state government from asserting any right on the basis of any contract between the ..... -598 dated 16-2-65 and the taking over of possession of the mills pursuant to the said order are illegal, as the same are in contravention of section 20 of the industries (development and regulation) act, 1951. .....

Mac. Laboratories Private Ltd. Vs. American Home Products Corporation ...

Court : Kolkata

Reported in : AIR1969Cal342

..... ., made an application to the ministry of commerce and industry, government of india for a licence under the industries (development and regulation) act, 1951 ..... . the registrar upon receiving such an application under section 49 (1) of the act forwards the application together with his report and all relevant documents to the central government under section 49 (2) of the act, thereafter the central government records all the circumstances of the case and the interests of the general public and the development of industry, trade or commerce in india ..... ground either- (a) that the trade mark was registered without any bona fide intention on the part of the applicant, for registration that it should be used in relation to those goods by him or in a case to which the provisions of section 45 apply, by the company concerned, and that there has, in fact, been no bona tide use of the trade mark in relation to those goods by any proprietor thereof for the lime being up to a date one month before the date ..... the jurisdiction exercised normally by the registrar of trade marks, this jurisdiction is also non-appealable so far as this court is concerned because section 109 of the trade marks act expressly provides inter alia that 'no appeal shall lie from any decision, order or direction made or issued under this act by the central government or from any act or order of the registrar for the purpose of giving effect to any such decision, order or direction'.28. the trade marks .....

…appellant. Vs. Orissa Manganese and Minerals Limited

Court : Kolkata

..... as to whether the claim of the petitioner was barred by limitation and as to whether the agreement between the parties might be in derogation of the mines and minerals (development and regulation act).1957, could not be gone into at that stage. ..... conferred adhunik steels limited an option to seek a renewal for further terms.although adhunik steels limited, pursuant to such agreement, purportedly, mobilised huge resources for carrying out the excavation and extraction of the minerals, the respondent terminated the said agreement on the allegation that it had realised that the agreement with adhunik steels limited was one in violation of rule 37 ..... arrived at by the hon ble single judge and, also, by us are limited for the purpose of disposal of the application under section 9 of the arbitration and conciliation act and are without prejudice to the rights and contentions of the parties before the learned arbitrator. ..... been a meeting between the two directors of the respondent and representative of the appellant in new delhi when the aforementioned letter dated june 22, 2007 was referred and it was allegedly agreed that the selling agreement was a void ..... time when screaming newspaper frong-page headlines and photographs over the recent months fuel a perception in some cases, needlessly of the servility of servants of the constitution to other masters.it may be a commendable duty to undertake, if only to instill confidence in the institution and wean away the disbelievers from the other .....

Ajit Prasad Mukherjea Vs. Life Insurance Corporation of India and ors.

Court : Kolkata

Reported in : (1975)ILLJ110Cal

..... chandra kirantyagi : (1970)illj32sc , section 54 of the agricultural produce (development and warehousing) corporation act, 1956, came up for consideration. ..... section 54 gives power to the warehousing corporations to make regulations not inconsistent with the act and the rules made thereunder and those regulations may provide for all matters for which provision is necessary or expedient for the purpose of giving effect to the provisions of the act. ..... 1364, this court held that the order of termination was bad in law since it contravened the provisions of clause 4(b) of the regulation and also the principles of natural justice.then in paragraph 27 the supreme court says:this court has held in the decisions referred to that the dismissal or termination of the services of employees without employing with the provisions of ..... the aforesaid decision of the allahabad high court which has twice been approved by the supreme court lays down, (a) that the relationship between the life insurance corporation of india and its employees were governed by contract and were of master and servant, and (b) that the regulations containing the conditions of service of the corporation do not impose any statutory obligation on it.10. ..... but the question whether the said regulations constituted a statutory obligation subject to which duty the power to terminate the employment could be exercised or not, or the question whether they took out the employment out of master and servant relationship was not canvassed. .....

West Bengal Power Development Corporation Ltd. and ors. Vs. Asis Dey C ...

Court : Kolkata

Reported in : [2005(107)FLR70]

..... the learned counsel appearing for the appellants/corporation has urged that no application has been made by the writ petitioners under section 10 of the said act and as such there is no question of abolition of contract labour system under which the writ petitioners are working. ..... by the first direction, the writ-petitioners were given liberty to apply to the appropriate authority under contract labour (regulation and abolition) act, 1970 (hereinafter referred to as the said act) for determination of the question whether the nature of work performed by the petitioners is perennial in nature and also for grant of appropriate reliefs. ..... doing the same work as is done by the regular employees of the said corporation, the job of pump operator but until petitioners are absorbed in the employment of the said corporation, the status of the writ petitioners and the regular employees who are doing the job of pump operators in the said corporation cannot be equated.9. ..... considering these facts and the circumstances of this case, this court directs that the appellant, the west bengal power development corporation ltd. ..... the further case of the petitioners is that the contractors are usually engaged by the said corporation for a term of 12 months and are changed from time to time but the petitioners remain constant discharging their duties without any interruption as labour of different contractors. ..... corporation and the petitioners since then are discharging the said duties without any interruption .....

industrial Fuel Marketing Co. Vs. Union of India (Uoi)

Court : Kolkata

Reported in : AIR1983Cal253

..... the right to collect the sludge or slurry comprising of the coal particles from lands and places belonging to the state) of bihar other than from mines is not winning within the meaning of mines and minerals (regulation and development) act, 1957, it has been submitted in this connection that the work mines as defined in section 2 of the mines act, 1952 defines 'mine' meaning as any excavation where any operation for the purpose of searching for or obtaining minerals has been or is carried ..... though the state of bihar is entitled to the river bed or to the land whereon such deposits are lying by virtue of the provisions of the bihar land reforms act still then in view of the coming into force of the coal mines (nationalisation) act, 1973 as amended in 1976 read with mines and minerals (regulation and development) act, 1957 the state of bihar is not legally competent to settle the right to win coal particles coming out of the washeries with the water ..... it has also been pleaded that the deed of lease was inoperative from its very inception being void ab initio according to the provisions of section 5(2) of the mines and minerals (regulation and development) act, 1957 and also because it was in respect of the property belonging to the respondent no. 3. ..... it has also been pleaded that the application is wholly misconceived inasmuch as there is no legal or statutory duty on the part of the respondents which is required to be enforced by a writ of mandamus. .....