Judgment Search Results Home > Cases Phrase: west bengal jute control of prices act 1950 Page 3 of about 1,054 results (0.130 seconds)

M/S. Priyanka Overseas Pvt. Ltd. and Another Vs. Union of India and Ot ...

Court : Supreme Court of India

Reported in : AIR1991SC583; (1990)3CompLJ3(SC); 1991(32)ECC189; 1991(51)ELT185(SC); JT1990(4)SC490; 1990(2)SCALE1028; 1991Supp(1)SCC102; [1990]Supp3SCR138

..... with the meaning of 'actual delivery of possession' in the background and context of its meaning as laid down in the west bengal jute goods future ordinance, 1949 and it can render no assistance in determining the question of actual removal of goods as mentioned in section 15(1)(b) of the customs act.38 ..... 's claim on the main ground that the three settlement contracts were illegal and prohibited by the west bengal jute goods future ordinance, 1949 ..... regarding the expression 'actual delivery of possession' in section 2(1)(b)(i) of the west bengal jute goods future ordinance, 1949 ..... . methods of delivery:possession of ponderous goods and chattels in large quantities which cannot readily be transferred from hand to hand may be transferred by any transaction which effectually passes the control to the new possessor, for example by handing over the key of a warehouse or of a plate chest in which the goods are stored, with the intention of transferring possession; but, as has been repeatedly ..... of the high court and with the consent of the parties the interim orders of the single judge were set aside and the proceedings initiated under section 124 of the customs act, before the collector of customs were expedited, without prejudice to the rights and contentions of the parties in the pending writ petition before the learned single judge. ..... licence on the basis of foreign exchange released by the government in its favour, imports, distribution and their pricing will be made by the state trading corp. .....

Bhuwalka Bros. Ltd. Vs. Fatehchand Murlidhar

Court : Kolkata

Reported in : AIR1952Cal294

..... of west bengal promulgated an ordinance which is called the west bengal jute goods futures ordinance, 1949 (ordinance no. ..... . there it was alleged by the petitioner in those cases that the parties entered into the contracts on the basis & subject to the condition that the jute price control order would be continued after september, 1946, & the rights & obligations of the parties would be governed & regulated by & be subject to the said order & that the continued existence of the said order & the selling price of jute were the foundations of the contracts ..... which is applied to judges, not merely of the superior courts, but to all judges - that, not only must they be not biassed, but that, eveni though it be demonstrated that they would not be biassed, they ought not to act as judges in a matter where the circumstances are such that people - not necessarily reasonable people, but many people - would suspect them of being biassed ..... own, the engineer has put himself in such a position that it is not fitting or decorous or proper that he should act as arbitrator in any one or more of those disputes, the contractor has the right to appeal to a court of law & they are entitled to say, in answer to an application to the court to exercise the discretion which the 4th section of the arbitration act vests in them, we are not satisfied that there is some reason for not submitting this question to .....

Bhudarmull Bazaz Vs. Uma Shankar Purushottamdas and Co.

Court : Kolkata

Reported in : AIR1953Cal618

..... beading the words of the submission in the arbitration clause with the relevant sections of the west bengal jute goods act 1950 which i have already discussed, i am of the opinion that the arbitrators were competent to decide that issue of fact. ..... first, according to him, the original contract may or may not be hit by the west bengal jute goods act, 1950 and the court before it can set aside the award must be satisfied that this is a contract which in fact comes within the mischief of the statute. ..... at that time when this contract was made there was the west bengal jute goods act, 1950 (west bengal act 5 of 1950) in operation. ..... it is admitted here before me that the parties did enter into a contract but what is said is that the west bengal jute goods act, 1950, makes this contract void & unenforceable by reason of certain facts. ..... two courses were open to the petitioner, and it was for him to elect which course to adopt, if his contention was that on the facts of habitual dealing or possession and control of godown the parties were within the meaning of the statute, then he could have come to this court to stop and stay the arbitration proceedings alleging those grounds before this court. ..... the intention is that the two contracts should stand together so that there can be a set off as regards delivery and a set off as regards price, for everything except the difference. .....

D. M. Wadhwana Vs. Commissioner of Income-tax, West Bengal.

Court : Kolkata

Reported in : [1966]61ITR154(Cal)

..... had to consider certain provisions of the west bengal jute goods future ordinance, 1949, section 2 whereof provided that unless there was anything repugnant in the subject or context 'a contract relating to jute goods futures' means a contract relating to the sale or purchase of jute goods made on a forward basis. ..... have not to consider whether property passed as between the original sellers and buyers but whether, in the events that have happened, the sellers can assert this against the plaintiffs who have acted on the faith of the sellers representation that no lien existed and that they held goods to answer the delivery order. ..... for the payment or receipt, as the case may be, of margin in such manner and on such dates as may be specified in the contract, or(b) by or with any person, not being a person who, -(i) habitually deals in the sale or purchase of jute goods involving the actual delivery of possession thereof, or(ii) possesses, or has control over, a godown and other means and equipment necessary for the storage and supply of jute goods. ..... company resisted the plaintiffs claim on the ground that they were unpaid sellers of the goods and that they had a lien on them so long as these remained in their possession and the price or any part of it remained unpaid. ..... facts were as follows : the appellant had entered into three contracts, two dated august 8, 1949, and the third august 17, 1949, with the respondent agreeing to purchase 1,80,000 bags of 'b' twills at the price of rs. .....

Birla Jute Manufacturing Co. Ltd. Vs. Dulichand Pratapmull

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. .....

Lubricating Oil Dealers’ Association and Another Vs. Union of India ...

Court : Kolkata

..... it is also a case of the petitioners that the central government never authorised the state of west bengal under section 3 of the essential commodities act, 1955 to pass such a control order and the number of the order delegating such authorisation and mentioned in the preamble of the licensing order, 1967 is not at all in existence.7. ..... section 2 (h) of the west bengal fire services act, 1950 has defined hazardous substance as follows:{(h) hazardous substance means(i) such explosive within the meaning of the indian explosives act, 1884 (4 of 1884), or (ii) such explosive substance within the meaning of the explosive substances act, 1908 (6 of 1908), or (iii) such dangerously inflammable substance within the meaning of the inflammable substances act, 1952 (20 of 1952), or (iv) such combustible substances, or (v) such toxic substance, as the state government may, by notification, specify;} 28. ..... import was also allowed and the control of price was withdrawn resulting in huge supply of the lubricating oil in the market and the market became fully competitive and in consequence, the consumers are getting wide choices of the brand like any other consumer ..... the said sub-clause 2710.70 in the central excise tariff act, 1985 says hydrocarbon oil which has his flash-point at or above 90 degree centigrade and is ordinarily used for the batching of jute tonne or other fibre .. ..... , batching of jute tonne or other fibre which is totally different from the lubricating oil, used in automobiles.21 .....

Dalmia Cement (Bharat) Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : 1996IVAD(SC)221; JT1996(4)SC555; 1996(4)SCALE14; (1996)10SCC104; [1996]Supp1SCR825

..... other law for the time being in force, the central government, may, if it is satisfied, after considering the recommendations made to it by the standing advisory committee, that it is necessary so to do in the interest of production of raw jute and jute packaging material, and of persons engaged in the production thereof, by order published in the official gazette, direct, from time to time, that such commodity or class of commodities or such percentage thereof, as may be specified in the order, ..... jute is being produced and manufactured in north-eastern states, west bengal and ..... quality of reasonableness unless it strikes proper balance between the freedom guaranteed under article 19(1)(g) and the social control permitted under clause (6) of article 19, must be held to be wanting to be reasonable, as pointed out by this court, the legislature could have prohibited use of labour during the particular period of agricultural season in the area in which bidis are manufactured; instead the act permitted the offer to issue notification imposing total prohibition on manufacture of bidis. ..... 2scr375 , this court upheld imposition of total prohibition in the purchase and import of copper and fixation of the prices in view of policy of eliminating the dealers from such trade as not violative of article 19(1)(g) of the constitution ..... madhya pradesh : [1950]1scr759 . ..... for the handloom industry to encourage the persons engaged in the manufacture of handlooms on traditional looms engaged since 1950. .....

Commissioner of Income-tax Vs. Ram Chandra Gupta and Co., Calcutta

Court : Kolkata

Reported in : AIR1968Cal385,72CWN274,[1968]69ITR254(Cal)

..... of west bengal jute goodi future ordinance, 1949 was that the contract relating to jute goods future would be beyond the mischief of the ordinance if the contract was entered into by or with the persons who habitually dealt in the sale or purchase of the jute goods ..... saved transactions because in the ultimate result there was actual delivery and contras1 was made by counsel for the revenue with the provisions of explanation 2 to section 24(1) of the indian income-tax act to contend that the construction put by the supreme court upon the words 'involving the actual delivery' could not apply to the words 'actual delivery or transfer of commodity' in explanation 2 ..... case the transaction in the present case was not a speculative transaction on the contrary the finding is that the practice in the calcutta jute trade is that formal transactions are carried on by transfer of delivery orders on full payment of purchase and sale price and such a finding was contended by counsel for the assessee to indicate that the delivery order was sold against full ..... a contract relating to jute goods future meant a contract relating to the sale or purchase of lute goods made on a forward basis (a) providing for the payment of receipt of margin in such manner and in such case as might be specified in the contract or (b) by or with any person who (1) habitually deals in the sale or purchase of lute goods involving the actual delivery of possession thereof or (ii) possesses or has control over a godown or .....

Raghubar Dayal Jai Prakash Vs. the Union of India (Uoi) and ors.

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 .....

Prabhudayal Agarwalla and ors. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : AIR1975Cal235,(1975)1CompLJ122(Cal)

..... the course of the hearing of these rules, mr roy, junior government advocate appearing on behalf of the state informed the court that the rice milling industry (regulation) (west bengal second amendment) act, 1974 (west bengal act liii of 1974) which was previously parsed by the west bengal legislature, has obtained the assent of the president on the 12th decem-ber, 1974. ..... act intends to control and regulate the production of rice for the purpose of making it available to the people at a fair price. ..... reads as follows:--trade and commerce in, and the production, supply and distribution of--(a) the products of any industry where the control of such industry by the union is declared by parliament by law to be expedient in the public interest, and imported goods of the same kind as such products; (b) food stuffs, including edible oilseeds and oils; (c) cattle fodder including oilcakes and other concentrates; (d) raw cotton, whether ginned or unginned and cotton seed; (e) raw jute.10. ..... section 6-a (1) provides that notwithstanding anything to the contrary contained elsewhere in this act, every owner of a husking mill, whether he holds a licence under this act or not, shall within thirty days from the date of coming into force of the rice milling industry (regulation) (west bengal second amendment) ordinance, 1974, or in the case of an owner of a new husking mill, before he starts actual milling operation, make an application to the licensing officer for the grant of a fresh licence .....