Court : Kolkata
Decided on : Mar-16-2011
..... holding meetings of shareholders of the applicant companies including publication of advertisement in the newspapers, sending formal notice to shareholders, convening the formal meetings of the shareholders, publication in the calcutta gazette are dispensed with. 5. summons be signed as on date. the matter is made returnable on march 23, 2011. special officer and all parties concerned including the department are ..... scheme of amalgamation. 3. the special officer shall meet the equity shareholders on march 21, 2011 at 4.30 p.m. at 12, old post post office street, 2nd floor, calcutta - 700001 or at any other convenient place and shall file his report on march 23, 2011. the special officer will be paid remuneration assessed at rs.15,000/-. 4. in ..... . both companies are closely held. 2. however a meeting has to be held of the said shareholders of the respective applicant companies in accordance with section 391 of the companies act, 1956. in my opinion such meeting can be informal dispensing with all formalities. mr. n.c. roy choudhury, senior advocate and barrister-at-law be appointed as a special officer .....Tag this Judgment!
Court : Delhi
Decided on : May-25-2011
..... or recorded music is played or performed. 3. respondent no. 1 has registered ppl and iprsl as copyright societies in terms of section 33 of the copyright act, 1957 (cr act). while ppl is registered as a copyright society for sound recordings, iprsl is for musical and literary works. the exploitation of a sound recording implies exploitation of ..... confidentiality obligation of such auditor would be suspended. moreover, members are given the right to obtain specific information from their cmo. the administration of copyright and neighbouring rights act, 1963 in germany mandates publication or tariffs. it requires that in establishing tariffs and in collecting the remuneration, "collecting societies shall have due regard to religion, cultural and ..... governing body of eema for filing the present petition. 5. explaining the importance and utility of copyright societies, ppl states that the amended provisions of the cr act in a sense acknowledge the difficulties of the members of the copyright societies in individually enforcing their copyrights. individual members of copyright societies cannot also be expected to ..... dues to the owners/authors of copyrights. case of the petitioner 2. the petitioner, event and entertainment management association (eema), is a society registered under the societies registration act, 1860. it comprises of members from all over india who are engaged in the business of organizing events, functions and entertainment shows like road shows, music concerts/shows, .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-24-2011
..... section 57 applies, no high court, in exercise of the concurrent jurisdiction hereby conferred over any local area beyond the limits of the towns of calcutta, madras and bombay *** shall, where the deceased is a hindu, muhammadan, buddhist, sikh or jaina or an exempted person, receive applications for probate ..... probate proceeding was initiated in this high court on the allegation that the deceased had left an immoveable property situate at 1a, indian mirror street, calcutta, within the jurisdiction of this court. in the application for revocation, various points were taken including the genuineness of the said will. however, the ..... in the exercise of its ordinary original civil jurisdiction, the words as respects the city of calcutta as defined in the city civil court act, 1953, the city civil court established under that act shall be substituted. 1912 4 indian lunacy act, 1912. (1) in clause (1) of section 25, for the words high ..... further provided that its provisions shall not apply to any will made, or any intestacy occurring, before 1- 1-1866. 22. by the hindu wills act, 1870 (for short the 1870 act), statutory provisions were made to regulate the wills of hindus, jainas, sikhs and buddhists in the lower provinces of ..... succession to the property of any hindu, buddhist, sikh or jaina; nor shall they apply to any will made before the first day of january, 1866. (2) save as provided in sub-section (1) or by any other law for the time being in force, the provisions of this part .....Tag this Judgment!
Court : Tamil Nadu State Consumer Disputes Redressal Commission SCDRC Chennai
Decided on : Apr-11-2011
..... available, that could be furnished, lodged a claim, not settled unjustifiably, claiming documents, which are not available, thereby the opposite parties have committed negligent act, as well as deficiency in service, for which the complainant is entitled to compensation of rs.1 lakh also, in addition to the sum assured ..... ordered interest, only from the date of claim, not from the date of death, which ordinarily the nominee is entitled to, if the nominee had acted swiftly, which she failed. therefore, there cannot be any grievance, regarding the grant of interest also. when the district forum, has granted interest, it ..... no documents were available admittedly. this being the position, since the claim was not settled, insisting the documents, which cannot be in existence, the act of the 1st opposite party should be construed, not only as negligent, but also deficiency in service, which was correctly appreciated by the district forum ..... when there was no crime, when there was no fir, crpc, will not come into operation, which should follow, there cannot be a police report also. when postmortem was not admittedly conducted, and when the complainant has repeatedly said, she buried her son, we do not understand ..... of the insured, from claiming the sum assured, unless the terms and conditions of the policy, say so, or claim is barred by limitation under the act. 10. a model form, supplied by vysya bank ltd., covering this kind of policy, is exhibited as ex.b2. under the heading ??procedure for .....Tag this Judgment!
Court : Delhi
Decided on : Jan-28-2011
..... was held that the amount received by an assessee was taxable only after attaining finality from the highest court.16. a reference was also made to ito, calcutta & ors. v. lakhmani mewal das, (1972) 103 itr 437 (sc) where it was emphasized that there are two conditions, which should be satisfied ..... chapter of the assessment year 196566.12. to support its various pleas, the appellant relied upon various judgments. the judgment in calcutta discount co. ltd. v. income tax officer, companies district i, calcutta & anr., (1961) 41 itr 191 (sc) was relied upon to support the plea that the pre-requisite of non ..... the conclusion that it is a fit case for issue of the notice under section 148 of the it act. this judgment was relied upon in chanchal kumar chatterjee v. income tax officer, b ward, central salaries circle, calcutta & ors., (1972) 93 itr 130 (cal). in this case, there was only a rubber ..... , we find that the impugned order of the tribunal is not sustainable and is accordingly set aside. the notice issued under section 148 of the it act dated 15.12.1981 is quashed and all proceedings pursuant thereto are also accordingly quashed. consequently, both the questions are answered in favour of the ..... of the case, the tribunal was justified in holding that re-assessment proceedings under section 147(a) read with section 148 of the income-tax act, 1961 had been rightly initiated against the assessee? (2) whether the tribunal was right in holding that valid approval had been accorded by the .....Tag this Judgment!
Court : Kolkata Appellate
Decided on : Jan-31-2011
..... a case cbi/spe/bs & fc/rc bsk 204 dated 17.12.2004 was registered against mihir kanti mazumdar, the then branch manager, uco bank, beck bagan branch, calcutta (2) anup mukherjee, the then chief officer(credit), regional office, uco bank, kolkata. 3) pankaj shah, 4) sarat kobi, 5) ravi kataruka, 6) manoj todi ..... the allegations in the f.i.r. do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a magistrate as contemplated under section 155(2) of the code4.5. where the allegations made in the fir or complaint ..... in the first information report and other materials, if any, accompanying the f.i.r. do not disclose a cognizable offence, justifying an investigation by police officers under section 156(1) of the code except under an order of a magistrate within the purview of section 155(2) of the code.3. ..... read with section 13(2) and 13(1) (d) of the prevention of corruption act.5) the present petitioners anuj agarwal and umesh chandra agarwal filed an application before the learned judge-in-charge, 3rd special court, calcutta on 05.02.2009 praying for their discharge/acquittal from the case.6) the learned ..... ors. under sections 420,467,468,471/120 b of the ipc read with section 13(2) and 13(1) (d) of the prevention of corruption act.4) it was alleged that during the period 2000-2002 mihir kanti mazumder entered into a conspiracy with private person such as pankaj shah, sarat kobi, ravi .....Tag this Judgment!
Court : Delhi
Decided on : Sep-05-2011
..... the chartered accountant or cost accountant is similar to saleable or marketable commodities produced by the assessee and cleared by the assessee for home consumption under the central excise act." the following observations of the supreme court are also relevant:- "44. competence to legislate flows from articles 245, 246 and the other articles in part xi. ..... business of providing or offering entertainments which include showing of films, various serials, cricket matches and dramatic performances to the subscribers, and the tax is imposed on the act of offering such entertainments in this way to such subscribers and/or viewers. the entire communication network service is built up and controlled by the respondents. whatever amount ..... , the respondents receive charges, which are realised or collected by their franchisee from the ultimate subscribers. their franchisee, called as sub-cable operator under the said 1982 act having no independent role to offer or provide entertainments to the subscribers inasmuch as franchisees have to depend entirely on the respondents' communication network and this communication network of ..... other countries with federal structures such as the united states, canada and australia, the learned author opined: "the lists contained in schedule vii to the government of india act, 1935, provided for distinct and separate fields of taxation, and it is not without significance that the concurrent legislative list contains no entry relating to taxation but provides .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-09-2011
..... individual household towards service charge. it also authorizes collection of similar service charges from the commercial establishments as per the guidelines of the commissioner. under section 197 of the ghmc act, 1955, the corporation can impose certain taxes like- tax on lands and buildings; octroi; tax on vehicles; taxes on animals and boats; taxes on advertisements; tax on ..... agency to collect money from household people or from commercial establishments for the primary collection of garbage. according to the learned counsel, there is no provision under the ghmc act, 1955 providing for imposing service charge on the household people or commercial establishments either by ghmc or by a private agency authorized by the municipal corporation. the learned ..... must relate to the municipalities or panchayats as mentioned in the definition.18. in exercise of the powers conferred by sections 3, 6 and 25 of the environment (protection) act, 1986, the central government made the msw rules, 2000 to regulate the management and handling of msws. by virtue of these rules, every municipality is responsible for collection, ..... clear that either the municipal servants or the contractors can be entrusted the work of scavenging and cleansing in all streets and premises. therefore, under chapter xiv of the act, the commissioner can discharge his functions with regard to sanitary provisions through municipal servants or entrusting the same to the contractors. the contention of the learned counsel for .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-21-2011
..... claimant was not working as a loader/unloader in the offending lorry deserves to be accepted. however, based on the statement made before the police as per ex.r.2 which has been extracted by the tribunal in paragraph 20 of the judgment and award it has come to a ..... came to be dismissed. 13. the accident in question took place on 16-11-1997 i.e., after coming into operation of amendment act of the act of 1988. insurance company would be liable to pay compensation for injuries sustained by the owner of the goods or his authorised representative travelling in ..... 140. thus, legal liability would mean and include liability under the motor vehicles act. section 147 stipulates the requirements of the policy and limits of liability there under. under sub-section (5) of section 147 which is a ..... and limitation of this policy. 16. the contract of insurance policy is issued to meet the requirement of chapter x and xi of the motor vehicles act. the liability as defined under clause (c) of section 145 includes liability in respect of payment of compensation as required to be paid under section ..... those classes of persons (emphasis supplies by me) imt 13: legal liability to non-fare paying passengers other than statutory liability except the fatal accidents act, 1855 (commercial vehicles only) in consideration of the payment of an additional premium of rsand notwithstanding anything to the contrary contained in section 11-1 .....Tag this Judgment!
Court : Kerala
Decided on : Apr-12-2011
Reported in : 2011(2)KLT455; 2011(2)ILR(Ker)592; 2011(2)KLJ654; 2011(2)KHC689
..... a revival of the earlier execution petition where the judgment debtor was granted time for payment of the decree amount in installments. where an execution petition is suspended by no act or default on the part of the decree holder, the subsequent execution petition filed by him can be treated as an application to revive the earlier execution proceedings. if the ..... 6th january, 2011 by which warrant was issued against him. 2. the contention of the petitioner that the decree is barred by limitation is unsustainable. article 136 of the limitation act provides a period of limitation of 12 years for execution of any decree other than a decree granting a mandatory injunction. as against the column the time from which period .....Tag this Judgment!