Court : Supreme Court of India
Reported in : AIR1959SC569; [1959]Supp2SCR79
..... as the owners of jute mills were not being able to secure adequate supplies of jute on the maximum prices fixed under the west bengal jute (control of prices) act, 1950, it had become expedient to set up a central jute board in west bengal for ensuring an equitable supply of raw jute to the owners of the jute mills. ..... prices of jute and to empower the government to fix its maximum prices, the west bengal legislature passed an act called the west bengal jute (control of prices) act, 1950 ..... 1950, the government of west bengal promulgated an ordinance called the raw jute (central jute board and miscellaneous provisions) ordinance, 1950 (xvii of 1950) for the better regulation of the jute ..... licence issued, any direction given, any contract entered into, any minimum price fixed, anything done or any action whatsoever taken under the raw jute (central jute board and miscellaneous provisions) ordinance, 1950, shall, on the said ordinance ceasing to operate, be deemed to have been constituted, made, issued, given, entered into, fixed, done or taken under this act as if this act had commenced on the 14th day of december ..... it may be mentioned here that both when the ordinance was in force and after the act had come into operation, the central jute board issued a series of circulars by which it authorised the owners of jute mills to purchase raw jute up to the extent of quotas respectively allotted to them through 'normal trade channels' subject to their furnishing particulars of the contracts .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1953Cal458,57CWN541
..... particulars, that the board would thereafter select an owner of a jute-mill (who had signified his intention to buy raw jute to the board in writing) with whom the applicant might enter into a contract, that the parties would have thereafter to enter into the contract by a date specified by the board and that the prices for raw jute fixed under such contract were not to exceed the maximum prices, if any, as might be fixed under the west bengal jute (control of prices) act, 1950. ..... in 1950, the west bengal legislature passed an act, called the west bengal jute (control of prices) act, which was directed as regulating prices of jute and empowered the government to fix maximum prices by notification. ..... it was stated in the preamble 'inter alia' that the owners of the jute mills were not being able to secure adequate supplies of jute at the maximum prices fixed under act 6 of 1950 and it had become expedient to set up a central jute board in west bengal for ensuring an equitable supply of raw jute to the owners of the different jute-mills. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1979Cal20,82CWN864
..... (3) (i) the applicant and the owner of jute mill selected under sub-section (2) shall thereupon, within the date specified by the board, enter into a contract for the sale or supply of raw jute on such terms and conditions (including terms as to arbitration in case of dispute) as may be prescribed: provided that the prices for raw jute fixed under such contract, shall not exceed the maximum prices, if any, as may be fixed under the west bengal jute (control of prices) act, 1950...... ..... in the preamble to the act it was stated :'whereas a crisis has arisen in the jute industry on account of the owners of jute mills not being able to secure adequate supplies of raw jute at the maximum prices fixed under the west bengal jute (control of prices) act, 1950. ..... in this statement it has been observed :'though the production of raw jute in india during the current season has been large enough to meet the consumption requirements of the jute mills for several months this year, there were allegations of raw jute selling at prices much above the maximum fixed by government under the west bengal jute (control of prices) act, 1950. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1955Cal65,58CWN731
..... paragraph 26 makes a charge that the arbitrators failed to appreciate that at the time of the breach the west bengal jute (control of prices) act 1950 was in force and the respondent was entitled to recover damages on the basis of rates not exceeding the maximum controlled price and that in awarding the damages the arbitrators had not deducted the duty, port commissioners' charges, freight, ..... in paragraphs 26(b) and 26(c) a charge is made that rule 7 of the rules of arbitration of the bengal chamber of commerce is illegal and opposed to section 28, arbitration act and therefore the constitution of a second tribunal under that rule is ultra vires and the second tribunal had no legal authority to arbitrate upon the disputes ..... , draft drawn at sight under an irrevocable letter of credit, shipment november/december 1950 equally, subject to export licence and subject to the terms and conditions of the calcutta jute fabrics shippers association contract form in use for the time being. ..... circumstances agree to the cancellation of the contract and that they would start buying against the petitioner as from the next day and would bill the petitioner for the difference in price and at the same time would submit the matter to the bengal chamber of commerce for arbitration.5. ..... the price control legislation then in force was repealed in march 1951 and soon thereafter on 3-4-1951 the respondent's agents pressed the petitoner for delivery of the goods.on the same day the petitioner requested the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1953Cal450,57CWN756
..... because the period of delivery was in excess of one month from the date of the offer to the board. 12. the plea of frustration is based on the fact that at the date of the contract, the price of jute was a controlled price under west bengal act 6 of 1950 ..... as its preamble states, was promulgated for ensuring an equitable supply of raw jute to the owners of different jute mills, because a crisis had arisen in the jute industry on account of owners of jute mills not being able to secure adequate supplies of raw jute at the controlled prices ..... time, the raw jute (central jute board and miscellaneous provisions) ordinance, west bengal ordinance no. ..... was however also said that when it was patent that the objection to the validity of the contract was not genuine and raised in good faith but only a device to avoid arbitration, the court would act properly in exercising its discretion in favour of deciding the issue on the application by way of deciding the validity of the agreement and if the decision went against the plaintiff, he would have only ..... that ordinance required any person intending to enter into a contract for the sale of raw jute with the owner of a jute-mill to apply to the central jute board, 'specifying the quantity, quality and trade description of such jute and such other particulars in respect thereof, if any, as may be prescribed'. ..... of a composite kind, comprising six separate quantities of jute, each of 1250 maunds but not all of the same kind or of the same price. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC263; [1962]3SCR547
..... contained in the west bengal raw jute act (act xxv of 1948), the jute goods act v of 1950 and the bombay forward markets contracts act (act lxiv of 1945), in which in respect of closing out of contracts which were illegalised on the coming into force of the enactment, the price at which the contracts could be settled was fixed as the sport-price of the closing ..... the very narrow question which is raised by the point now under discussion is this : assuming that forward trading requires regulation and that regulation through recognised associations which are subject to control and guidance in their activities by the government is justified by the necessities of the situation and assuming also that it was not legally incumbent on government to recognise an association for dealing ..... all, it is a question of balancing individual rights and the profits which could be reaped by individuals under an existing state of the law against the public benefit arising from the exercising of control, and if government considered that the latter would be best served by immediate action under a valid provision of the law, and the circumstances reasonably warranted that opinion, we hold that in the ..... do take some time, and in fact in the present case the recognitions were accorded in june 1959, and if emergent action was required to control a situation which threatened to worsen rapidly, we do not consider that the action of the government in stepping in even before the recognition of associations .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1016; (1976)2SCC44; [1976]2SCR939; [1976]37STC207(SC)
..... contentions of the appellants and submitted that the circumstances clearly point out to the conclusion that although the sale took place in west bengal, it undoubtedly occasioned the movement of goods from one state to another, namely, from orissa to west bengal and, therefore, were clearly covered by section 3(a) of the central sales tax act, and the high court was right in rejecting the contention of the appellants.8. learned counsel for both the parties have ..... has contended that on the facts found it would appear that the movement of goods from orissa to west bengal took place in pursuance of an agreement of sale and not in pursuance of the sale itself which actually took place in west bengal and, therefore, the sale is not covered by section 3(a) of the central sales tax act and the levy made by the state of orissa was illegal. mr. ..... ., who spoke for the court, observed as follows :the distinction between a sale and an agreement to sell under section 1 of the english act is thus stated by benjamin on sale, eighth edition, 1950 :in order to constitute a sale there must be-(1) an agreement to sell, by which alone the property does not pass; and(2) an actual sale, by which the property passes.it will be observed that the definition of a contract of sale above ..... we are, however, unable to agree with the learned counsel for the appellants that this contract is in respect of unascertained goods because the quality and the colour of the jute, the weight, the price, the markings, etc .....
Tag this Judgment!Court : Kolkata
Reported in : [1962]46ITR688(Cal)
..... should be noted here that in april, 1946 where the contracts were entered into the jute control order of 1944 was in force in west bengal regulating the prices of all kinds of loose jute. ..... not avail him and judged in the light of all the circumstances of the case it may said that less had accrued some time before the assessee was prepared to acknowledge it but unless the assessee acts mala fide i can see no reason why he should not be allowed to contest the claim raised against him and make provision therefor in his accounts only when he finds himself in a position not to dispute ..... in this case the assessee took over a running business on february 1, 1950, at a time when a dispute between its predecessors-in-interest and the workmen regarding their claim for deepavali bonus for the year 1949 was pending adjudication by the industrial ..... 000 claimed by the assessee was admissible in the assessment year 1950-51 or whether it was admissible in the assessment year 1946-47 ..... to be paid in certain installments between december, 1949, and april 1950, provided however that if the first three installments of rs. ..... 1,20,000 was admissible in the assessment year 1950-51 as claimed by the assessee.the assessee will have the costs of this reference.ray ..... 15,000 due on or before april, 1950, would be written off and the buyers would ..... paid to the said company in the assessment year 1950-51 as a loss. ..... in the assessment year 1947-48 and should have sought for adjustment in the assessment year 1950-51. .....
Tag this Judgment!Court : Kolkata
Reported in : [1976]37STC382(Cal)
..... west bengal, having levied tax under the bengal raw jute taxation act, 1941, upon the raw jute purchased by the petitioner, was not entitled to again demand sales tax upon the jute goods manufactured by the petitioner and the said jute goods were only another 'stage' of the raw jute within the meaning of condition (a) of section 15 of the central sales tax act ..... it had deposited tax under the bengal raw jute taxation act, 1941, called the jute tax act, at the rate of three per cent of the value of the purchase of raw jute inside west bengal and had furnished return under the said act. ..... in the result, i hold that after the above amendment by the finance act, 1966 (act 13 of 1966), the power of the west bengal state legislature to impose sales tax on sale of declared goods inside the state was subject to the limitation ..... tax on declared goods without in any way disturbing the scope of the present restrictions imposed by parliament.note 6, clause (ii), of the amendment bill, which proposed the substitution of section 15 of the central sales tax act, similarly stated :section 15 is being revised so as to leave the discretion of the state governments unfettered with respect to the levy of tax on declared goods at any stage under their local laws, the ..... are subject to the following two restrictions and conditions : (i) tax payable under the state law shall not exceed the specified percentage of the sale or purchase price thereof; (ii) the tax is 'not to be levied at more than one stage'. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1976)5CTR(SC)175
..... the appellants and submitted that the circumstance clearly point out to the conclusion that although the sales took place in west bengal, it undoubtedly occasioned the movement of goods from one state to another, namely, from orissa to west bengal, and, therefore, were clearly covered by section 3(a) of the central sales tax act, and the high court was right in rejection the contention of the appellants.8. learned counsel for both the parties ..... there was an agreement or contract of sale between the appellant firms and the calcutta firms by which the appellants agreed to sell raw jute of certain specifications of weight and quality to the calcutta firms;(2) that at the time when the contract of sale was entered into, the raw jute was not in existence as it was being grown;(3) that after the goods were ready the same were booked in bags by the ..... ., who spoke for the court observed as follows :-'the distinction between a sale and an agreement to sell under section 1 of the english act is thus stated by benjamin on sale, eighth edition, 1950 :-in order to constitute a sale there must be -(1) an agreement to sell, by which alone the property does not pass; and(2) an actual sale, by which the property passes.it will be observed that the definition of a contract ..... disputed that in all these appeals a concluded sale takes place when the goods despatched in the name of the calcutta firm were ultimately accepted by the said firm and the price of the said goods was paid to the appellants. .....
Tag this Judgment!