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. ..... by section 2(1) of the act it is provided that a contract relating to jute goods means a contract relating to the sale or purchase of jute goods made on a forward basis:-- (a) providing for payment or receipt as the case may foe, or 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 sale or purchase of jute goods involving the actual delivery or possession thereof, or (ii) possession, or has control over a godown and other means and equipment necessary for ..... 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. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal90
..... dealing with a contract, the validity of which was challenged on the ground that it was prohibited by the west bengal jute goods act v of 1950. ..... of either or both parties under this contract be subsisting at the time of such dispute and whether or not this contract has been terminated or purported to be terminated or completed shall be referred to the arbitration of the bengal chamber of commerce and industry under the rules of its tribunal of arbitration for the time being in force and according to such rules the arbitration shall be conducted and any award made by the said tribunal ..... contract depended upon questions of fact, namely, whether the parties or any of them were habitual dealers or were in possession or control of godown and other means and equipment for the storage of jute goods. p. b. ..... of credit in favour of the shippers, present the documents to the scheduled bank in east pakistan with whom the letter of credit is opened, obtain a certificate from that bank that the goods had been shipped, present the certificate to the buyer within the time specified, and on presentation of the documents in calcutta obtain payment in cash by way of reimbursement of the price of the ..... no jute could be imported from pakistan except under a licence obtained under the imports and exports control act, 1947 ..... by the uyer is a licence which, by its terms, is made non-transferable except under a letter of authority from the authority who issued the liences or from any import trade controller. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC569; [1959]Supp2SCR79
..... the preamble to that ordinance recited that, 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. ..... to regulate the 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, (w. ..... 6(2) of the act select any jute mills as buyers to these goods, that the respondent company had not signified in writing to the board its intention to buy the raw jute in question, that the board did not specify a date within which the contract was to be entered into and that, finally, the delivery period fixed in the contract was in contravention of the provisions of the act and the rules and, therefore, the contract was void under s. ..... 1,95,000 as damages on the basis of the difference between the contract price and the market price of the goods as on september 17, 1951. ..... were presented to the respondent company by the bankers of the appellant company, they were not honoured on the plea that the same were not in order and the respondent company failed to take delivery of the goods. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1951Cal529
..... of misconduct if they award on the footing that the goods could be bought & sold at prices in excess of the maximum controlled price during the currency of the jute price control order or if in a proper case they decide on the question of extension without taking evidence it being their duty to take evidence inspite of rules 15 & 16 of the arbitration rules of the bengal chamber of commerce which are as follows:xv. ..... & observed as follows:'it is quite true that if the arbitrators had calculated damages on the basis of difference between the contract rate & the market rate on a date on which the jute price control order was in operation they would be in effect recognising a black market & that would be an offence against the law of the land and they would be guilty of misconduct. ..... on 20-3-1950, the bengal chamber of commerce made an award which is as follows: (1) that there was no free market available for these goods on the contract due dates of july/ august/september 1946 & the first free ..... think that upon those rules a refusal to hear such evidence would be very difficult to support except perhaps upon such question as market values as to which the arbitrators may themselves be entitled to act on their own expert knowledge or (under rule 17) that of others. ..... on 22-4-1950 the registrar of the bengal chamber of commerce informed the parties that there was a clerical error in the award & that the ..... 13-1-1950 stating that his seller had failed to deliver the goods, that ..... 1950 ..... 1950.9. ..... 1950 .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1953Cal458,57CWN541
..... 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. ..... 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. ..... having contracted to purchase the jute, it failed to take delivery on the disingenuous plea that documents were not in order, simply for the reason that instead of being consigned to the mill, the goods were consigned to the mill's jetty; and having taken the fullest part in the arbitration proceedings, it is turning round when the award has gone against it and repudiating the award. ..... when shipping documents, together with the bill, were presented to the petitioner by the respondent's bankers, they were not accepted on the plea that the documents were not in order and delivery of the goods was not taken. .....
Tag this Judgment!Court : Kolkata
Reported in : [1976]37STC382(Cal)
..... the state of 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. ..... 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 that such tax shall not exceed three per cent. ..... the petitioner has stated that during the relevant period 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. ..... therefore, the imposition of tax on finished jute goods under the bengal finance (sales tax) act is in contravention of the restrictions in section 15 that tax payable under the state law on sale or purchase of declared commodities cannot be at more than one stage.12. ..... during the material period it had purchased raw jute from the sellers in the state of west bengal, assam, bihar, orissa and andhra pradesh and had processed, weaved and fabricated the same in its mill and then sold the processed and fabricated jute goods.2. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC263; [1962]3SCR547
..... no doubt, learned counsel pointed out the provisions 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 ..... 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 ..... 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 ..... definitions defines 'an association' as 'a body of individuals, whether incorporated or not, constituted for the purpose of regulating and controlling the business of the sale or purchase of any goods' while sub-clause (j) defines 'a recognised association' as meaning 'an association which is for the time being recognised by the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1952Cal294
..... of west bengal promulgated an ordinance which is called the west bengal jute goods futures ordinance, 1949 (ordinance no ..... goods futures' means a contract relating to the sale of purchase of jute goods made on a forward basis-(a) providing for the payment or receipt, as the case may be, of margin in such manner & 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 & other means & equipments necessary for the storage & supply of jute goods;* * * * 3 ..... 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. ..... 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 the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1952Cal740,56CWN685
..... defence in the trial court, and the case was fought on the only ground that the settlement contracts were void being in contravention of the west bengal jute goods futures ordinance, 1949. ..... context, 'contract relating to jute goods futures,' means a contract relating to the sale or purchase of jute goods made on a forward basis-(a) providing 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-(0 habitually deals in the sale or purchase of jute good's involving the actual delivery of possession thereof, or (ii) possesses, or has control over, a godown and other ..... governor of west bengal in exercise of the power conferred on him by section 88, government of india act, 1935 ..... pass by indorsement (b) that the issue of the delivery order in the circumstances was a representation on which the plaintiff acted, that the cash payable in respect of the goods to which it referred had been paid, and (c) that it is not open to the defendants to contend that the property in the goods had not passed or to place reliance on their not having passed if that was the fact,'the court held that ..... the questions must be separately considered ; both depend on the words of the section read in connection with the rest of the act.but the arguments advanced on behalf of the appellant have sought to treat the matter as concluded by the history and present state of the relevant law in .....
Tag this Judgment!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
..... thus the above case dealt 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. ..... 1.4.87 in exercise of the powers conferred by section 3 of the import & export (control) act, 1947, the central government hereby gives general permission to import into india from any country, except the union of south africa/south-west africa, raw materials, components and consumables by actual users (industrial) subject to the following conditions:the item to be imported are not covered by appendices 2, 3, 5 & 8 of import & export policy for the year 1985-88 vol. ..... the respondent contended that it never dealt in sale and purchase of jute goods involving actual delivery and possession thereof, nor did it possess or have control over any godown and other means and equipments necessary for the storage and supply of jute goods and therefore said settlement contracts were void arid not binding on it. ..... the import & exports (control) act, 1947 empowers the central government to prohibit, restrict or otherwise control imports and exports. ..... 2,88,88,414/cif value without a valid licence was in contravention of the provisions of section 3(i)(a) of the customs act read with section 3(ii) of the imports & exports (control) act, 1947. .....
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