Court : Kolkata
Reported in : [1978]112ITR568(Cal)
..... howrah were necessary parties to the said application, another application was made by the respondent-company on june 30, 1964, under article 226 of the constitution against the said union of india, state of west bengal, the said inspectors, the chief presidency magistrate, calcutta, sub-divisional magistrate, sadar, howrah, and district magistrate, 24-parganas, the inspector appointed by order dated the 30th june, 1964, and the registrar ..... that of a court trying a suit under section 30 of the civil procedure code, read with rules 12, 14 and 15 of order 11 of the code.section 131 empowers the officers mentioned in the section to act for the purpose of the act, but that cannot be the only limitation set out under section 131 imposed upon the powers of the officers mentioned in the said section ..... our purpose and so it would be worthwhile to have the same reproduced hereunder :'tothe registrar of companies,west bengal, ' narayani buildings',brabourne road,calcutta. ..... directed that all books, papers and documents seized by the said inspectors or to be seized by the said inspectors in terms of the order passed under section 240a of the companies act would be kept in sealed boxes, sealed by the respondent-company and the said inspectors and the said boxes would be kept in the office of the respondent no. ..... jute ..... jute ..... ] was heard by the appellate court by a judgment and order passed on march 7, 1969 [new central jute mills co. ..... central jute mills ..... central jute mills ..... jute ..... new central jute mills co .....
Tag this Judgment!Court : Kolkata
Reported in : (1990)1CALLT373(HC)
..... the employees' provident funds and miscellaneous provisions act, 1952 (hereinafter referred to as 'the said act') and that the registrar of companies, west bengal (the respondent no. ..... 's money for ultra vires purposes, and even though the members oppose relief being given.under the statutory provision, relief can be given against any of the criminal penalties imposed by the companies acts 1985, but not against criminal liability under any other statute, or against civil liability to anyone other than the company whether the liability arises by statute or otherwise, and so apparently ..... breach of trust against an officer of a company, it appears to the court hearing the case that he is or may be liable in respect of the negligence, default, breach of duty, misfeasance or breach of trust, but that he has acted honestly and reasonably, and that having regard to all the circumstances of the case, including those connected with his appointment, he ought fairly to be excused, the court may relieve him, either wholly or partly, from ..... decided, inter alia, that eight per cent of the amount payable to the jute mills for purchase made against the government orders, would be deducted from the bills of the concerned jute mills and would be adjusted against the arrears of employees' provident funds and esi ..... contribution or payment was not mala fide but the petitioners had acted honestly and reasonably and the default had occured for reasons beyond their control and therefore they should be excused .....
Tag this Judgment!Court : Kolkata
Reported in : (1990)2CALLT206(HC)
..... the reliance of the state upon rule 10(10)(i)(ii) of the west bengal services (classification, control and appeal) rules, 1971 in no way helps the state respondents in jumping to the conclusion on the plea of framing additional charges ..... for the state respondents, put up a forceful defence by placing the records and making submissions that the authorities have full right to amend the charge-sheet in view of the provisions contained in rule 10(10) (i)(ii) of the west bengal services (classification, control and appeal) rules, 1971. ..... edifice built by the state upon rule 15 of the said central rules and rule 10 of the said west bengal rules collapses on the basis of this supreme court decision. ..... it is submitted by the learned advocate for the state that the aforesaid rule 10 of the state government is based upon rule 15 of the central civil services (classification, control and appeal) rules, 1965 and according to him once the proceedings initiated under rule 14 or rule 16 are dropped, the disciplinary authority would be debarred from initiating fresh proceeding against the ..... he further reinforced section 216(1) of the code of criminal procedure with section 16 of the general clauses act; which relates to power to appoint as well as power to suspend or dismiss. ..... the act of the district judge cannot be sustained and as such the memo dated 31st january, 1984 issued by the district judge is hereby set aside and quashed and the findings of the enquiry authority (additional district .....
Tag this Judgment!Court : Kolkata
Reported in : (1979)IILLJ151Cal
..... to them the bargemen are employed in carrying jute and jute goods from jute mills to ships berthed in and around the docks from mills to mills, jetties and ghats and also cargo from ships to various places in the state of west bengal. ..... have been decided against the workmen and it was not open to the tribunal to hold that the wage board by deviating from the definition of dock worker and by giving a restrictive meaning to the said term acted erroneously so that such an error being made out by the tribunal it could come to the conclusion that the bargemen would be entitled to all the benefits by way of wages and allowances which the wage board ..... dey no doubt has strongly contended that at least when the tribunal had on consideration of evidence come to a finding that these bargemen were dock workers as defined under the dock workers (regulation of employment) act, 1948, they would clearly come within the recommendations of the wage board since such dock workers were expressly classified as one of the categories of employees who should be brought within the scope of wage fixation ..... dey, the learned judge failed to appreciate that the tribunal had come to a definite finding that these bargemen are dock workers as defined under the dock workers (regulation of employment) act, 1948, and when on its recommendations such workers had been expressly brought within the scope of the proposed wage fixation the tribunal's conclusion that they are entitled to the benefit of such fixation .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN298
..... branch of the argument of the learned counsel for the petitioner is that the west bengal state legislature by prevention of adulteration of food, drugs and cosmetics (west bengal amendment) act, 1973 made the offence under section 16(1a) read with section 7 of the act in the state of west bengal punishable with imprisonment for life while the central legislature by the central amendment act, 1976 provided a reduced punishment for a term of three years instead of ..... there is repugnancy or inconsistency between a provision of the central act and a provision of a state act covering the same subject-matter, it is the central act that would prevail over the state act and thus neither the prevention of adulteration of food, drugs and cosmetics (west bengal amendment) act, 1973 nor section 272 of the ipc in its relation to the west bengal amendment, which came into force from 29.4.1973 would operate in ..... the alleged ground that pursuant to a raid in the business place of the company, quantum of tea were seized which were found to have been grossly adulterated and in view of the west bengal amendment of section 272 of the ipc, the case as against the five accused persons including the company, has been committed to the court of session and the learned additional sessions judge, ..... conform to the specification 'tea' and is found grossly adulterated with fibrous material of stems of tea place together with tender and hard steps of tea, jute fibres, chips of other wood and wobbings. ..... india jute .....
Tag this Judgment!Court : Sales Tax Tribunal STT West Bengal
Reported in : (2000)120STC179Tribunal
..... dealer during a period as valuable consideration for the transfer of property in goods used by way of accretion or accession in west bengal in execution of works contract, whether or not the amount receivable as valuable ..... such goods from the places outside the state of west bengal.it is also submitted that the goods supplied on the basis of cost recovery are, in fact, goods of the applicant because the applicant has to raise bills for the contractual transfer price of those goods also.according to the definition of "contractual transfer price" given in explanation i to section 6d of the 1941 act, the aggregate amount received or receivable by the ..... that the ownership in the goods which they purchased in course of inter-state trade or commerce was ever transferred before, and independent of the execution of the works contract in west bengal to their contractee.movement of goods in course of inter-state trade or commerce from one state to another terminates the moment such goods are taken delivery of from the common carrier. ..... certain calcutta firms by which the appellant agreed to sell raw jute of certain specifications of weight and quality to the buyers. ..... dealing in buying and selling jute and has its head office .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2010All13; 2009(4)AWC3735
..... next urged that when the officer finds that an instrument has been stamped in accordance with the law in force in west bengal he is bound to hold that it has been stamped in accordance with the law for the time being in force in india and thus 'duly stamped' within the meaning of the stamp act.15. ..... with reference to the constitution bench judgment of the apex court in the case of new central jute mills (supra), especially paragraphs 10 to 15 of the said judgment, it is contended that constitution bench has specifically held that not only the provisions of the stamp act which are to be examined, the provisions of the rules which operates as part of the stamp act have also to be taken care of for ascertaining as to whether the instrument has been duly stamped ..... for the facility of correspondence with the controller of stamps and master, security printing, india, nasik road, and with other officers outside the united provinces, the serial number of the government of india rules is also given within brackets in the ..... stamps in fact have been used on the policy bonds executed within the state of uttar pradesh by various offices of life insurance corporation under the control and supervision of the divisional office at kanpur. ..... to 62 provide the mode and manner of placement of indents with the controller of stamps by the provincial government.38. ..... rule 55 requires the controller of stamps to supply the kinds of stamps both judicial and non-judicial for use in the uttar pradesh which .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC2168; (1989)1CALLT39(SC); JT1988(3)SC670; 1989LabIC1215; (1989)ILLJ223SC; 1988(2)SCALE955; 1988Supp(1)SCC768; [1988]Supp2SCR1034; 1989(1)SLJ77(SC)
..... by a letter written by the joint secretary, ministry of labour, employment and rehabilitation (department of labour and employment) dated 15.6.1970 to the secretary, government of west bengal drew the attention of the government of west bengal to the terms of reference under the tripartite expert committee for calcutta dock and the recommendations of the committee pertaining to bargemen and pointed out inter alia that the ..... the second part of the reference was concerned, the employers urged that the wages of the bargemen had been fixed by the industrial tribunal on a reference by the government of west bengal made on 4.1.1965 and that the wages so fixed had been revised from time to time by agreement between the parties and there being no change in the circumstances justifying any ..... jute and jute goods from jute mills to ships berthed in and around the docks from mills to mills, jetties and ghats and also cargoes from ships to various places in the state of west bengal ..... to be paid wages and allowances at the rates of wages recommended by the wage board on the ground that the bargemen came within the meaning of definition dock workers under the act and thus the recommendations of the wage board were applicable to them and alternatively on the ground that they were entitled to the same rates of wages and allowances even independently of ..... judge that the decision of the national tribunal was beyond its jurisdiction which was controlled by the questions referred to it for adjudication. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1992(38)ECC57; 1991LC1(SC); 1992(57)ELT3(SC); JT1991(4)SC475; 1991(2)SCALE1163; (1992)1SCC401; [1991]Supp3SCR95; 1992(1)LC298(SC)
..... indeed the collector of central excise and custom west bengal clarified by a trade notice dated 28th april, 1977, that jute twine and jute yarn when consumed within the factory of production for conversion into manufactures falling under tariff item no. ..... fibre of all sorts including: (1) twist, yarn, thread, rope and twine, all sorts, containing more than 50 percent by weight of jute (including bimlipatam jute or mesta fibre) calculated on the total fibre content in or in relation to the manufacture of which any process is ordinarily carried on with the aid of power; (2) other, but excluding any such manufacture,(i) which contain 40 per cent or more by ..... -in this sub-section, the expression 'value' in relation to any goods shall be deemed to be the wholesale cash price for which such goods of the like kind and quality arc sold or are capable of being sold for delivery at the place of manufacture and at the time of their removal there from, without any abatement or ..... imposition of cess on scheduled industries in certain cases-(1) there may be levied and collected as a cess for the purposes of this act on all goods manufactured or produced in any such scheduled industry as may be specified in this behalf by the central government by notified order a duty of excise at such rate as may be specified in the notified order, and different rales may be ..... , would not be subject to control and regulation provided by the act) its products would be liable to pay cess under section 9. .....
Tag this Judgment!Court : Delhi
Reported in : 1979CriLJ94; 15(1979)DLT245; ILR1979Delhi170; 1979RLR46
..... of the consideration of the relationship of section 5a to article 21, on the one hand, and article 22(5) and (6) on, the other, is to show how the so-called subjective satisfaction required by section 3(1) of the act does not act as a bar to an objective scrutiny of the same grounds under article 22(5) even though certain matters may have been withheld in the communication of the grounds made to the deten,u in view of article 22(6). ..... the state of west bengal and others, : [1975]2scr832 , what the court does is to 'examine what are the basic facts and materials which actually and in fact weighed with the detaining authority in reaching ..... the state of west bengal, : air1972sc1753 , and nagendra ..... state of west bengal and others, : 1974crilj401 , that before an order of detention is struck down on account of any of the several grounds being invalid, the court must be satisfied, firstly, that the ground is non-existent, vague, or irrelevant, and secondly, ..... to (7) of article 22 read with article 21 enabled parliament to validly enact a law relating to preventive detention, the statutes relating to preventive detention from 1950 onwards were generally aimed at those who were a danger to the security of the state or maintenance of public order. ..... done, by any dataining authority if it does not want to make an order without full satisfaction that apart from a mere law and order problem, the detenu has to be prevented from mischief, which cannot be controlled by the ordinary legal procedure. .....
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