Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Apr-04-2006
Reported in : (2007)105ITD129(Kol.)
..... notified by the board for the purposes of section 44aa. (iii) the expression "securities " shall have the meaning assigned to it, in clause (h) of section 2 of the securities contracts (regulation) act, 1956 (42 of 1956); (iv) where any income is credited to any account, whether called "suspense account" or by any other name, in the books of account of ..... any provision of this agreement or otherwise, any right, power or capacity to act as an agent or commercial representative of bml for any purpose whatsoever. nothing contained in the contract shall be deemed or construed as creating a joint venture relationship or legal partnership etc. between bml and the franchisee.19. however, we are unable to accept the contention of ..... the ratio for the same shall becided by bml from time to time at its sole discretion. 4.14 the franchisee shall, be responsible for collection of all necessary agreement/contract forms and other related forms, and for obtaining the signature of the customers on these forms. the franchisee shall forward all such forms, duly completed in all respects and signed .....Tag this Judgment!
Court : Central Administrative Tribunal CAT Kolkata
Decided on : Sep-15-2006
Reported in : (2007)(2)SLJ48CAT
1. since all these o.as. are similar in nature, they are being taken up together and are being decided by this common order. for the sake of convenience we are taking up o.a. 755/05, the first of all the three o.as., for detailed consideration and reasoning thereof will be applicable to all the three o.as.2. in o.a. 755/05 the applicant dr. sudarshan mondal has filed an application under section 19 of the a.t. act, 1985 claiming the following reliefs: (a) an order holding that the denial of promotion as chief medical officer (non-functional selection grade) and his supersession by his juniors in the matter of such promotion are wholly arbitrary and bad in law. (b) an order directing the respondents to review the dpc relating to promotions to the post of as chief medical officer (non-functional selection grade) made under dynamic assured career progression scheme in the year 2002 as well as in the year 2005 and to consider the case of the applicant for such promotion and to grant all consequential benefits to the applicant after giving such promotion, from the date when his immediate junior in the selection list were promoted i.e. with effect from 5.4.2002. (c) an order directing the respondents to consider the representations of the applicant by a speaking and reasoned order and further directing them not to make any further promotion till the disposal of the representations. (d) an order directing the respondents to produce/cause production of all documents/records relating .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-03-2006
Reported in : 2006(4)CHN414
..... that would constitute a new partnership. in this light section 31 of the partnership act falls in line with section 42 thereof that section only recognizes the validity of a contract between the partners to introduce a third party without the consent of all the existing partners: it presupposes the subsistence of a partnership: it does not apply to a partnership ..... partnership act can appropriately be applied to a partnership where there are more than two partners. if one of them dies, the firm is dissolved; but if there is a contract to the contrary, the surviving partner will continue the firm. on the other hand, if one of the two partners of a firm dies, the firm automatically comes to an ..... the provisions of section 42 of the partnership act, mr. chatterjee has submitted that the provision of dissolution of a firm by the death of a partner 'is subject to contract between the partners', as contained in the opening sentence of section 42 of the act. it is his argument that since there is a specific clause in the deed for .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-28-2006
Reported in : (2006)3CALLT526(HC)
..... :kindly note that our barge 'gold float' which arrived sandheads on 21st june. 1995 was towed by tug 'smit langkawi' whose agents are pat volk ltd., calcutta.as per our contract with tug owners 'smit langkawi' all charges upto no. 9 k.p.d. both for tug 'smit langkawi' and barge 'gold float' are payable by pat volk ltd., calcutta.all .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-18-2006
Reported in : (2006)3CALLT302(HC)
..... years of service or have attained 40 years of age. it also excludes six categories of employees including specialist officers, employees serving abroad, employees facing disciplinary proceedings, employees appointed on contract basis and highly skilled and qualified employees etc. under the voluntary retirement scheme, these employees seeking voluntary retirement are entitled to the ex-gratia amount which is 60 days salary ..... view to deprive the respondents 1 to 9 herein of the benefit under regulation 29. it is further contended that on acceptance of the offer of the employees a concluded contract came into existence and that could not have been tinkered with by either party unilaterally except with the consent of the other. a vested right had accrued in favour of .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-22-2006
Reported in : 2007(1)CHN514
..... by any direction given by the state-respondent as regards allocation of kerosene oil to its agent. the indian oil corporation contended that the control order could not guide the contract between itself and its agents. in other words, according to the indian oil corporation, it has the absolute authority to decide the amount of such allotment to its various agents ..... of the provisions contained in the control order came to the conclusion that power or right to determine the quota of agents of the oil company is guided by the contract between the oil company and its agent and the agents are not under the control of the director of consumer goods except to the extent of terms and conditions mentioned ..... were made to ensure smooth functioning of the public distribution system. ultimately, his lordship held that the right of the oil company and its agents are fully governed by the contracts executed by them and the provisions of the control order cannot in any way affect any right arising out of or in relation to the terms of the ..... contract. his lordship, thus, dismissed the writ application.6. being dissatisfied, the writ petitioners have come up with the present mandamus appeal.7. mr. bandopadhaya, the learned senior counsel appearing on .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-22-2006
Reported in : AIR2007Cal94,(2007)2CALLT238(HC),II(2007)DMC307
..... amended incorporating the ground of mental cruelty and also desertion and asked for alternative relief for dissolution of marriage. in the written statement the wife alleged that respondent husband had contracted a second marriage with one sm. lopa kumari jaiswal. the learned trial judge upon reading the pleadings of both the parties framed following issues.1. has the petitioner any cause ..... the husband. after marriage she was subjected to mental torture with demand of excessive dowry and gifts not having been given at the lime of marriage. that apart her husband contracted second marriage with another woman.5. the learned counsel for the appellant mr. saswata gopal mukherjee contends that the decree for divorce granted by the learned trial judge on the .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-17-2006
Reported in : 2007(3)CHN287
..... applicable in the present case, as the act complained against by the petitioner here is not an irregularity, but breach of rights emanating from an alleged contract.51. in the present case, i have already observed, i do not think the petitioner has made out a case for grant of temporary injunction. ..... properly or right whose violation is complained of in any suit, if there is threat wastage or disposal of property or commission of breach of contract or injury to such right.38. admittedly, there is no pleading in the plaint as regards the proposal and the ensuing resolution for issuing equity ..... its status of a shareholder or a potential shareholder, but for enforcement of a right which the petitioner claims, has its source in an alleged contract with the respondent. the nature of the right which may be enforced in such a situation may not remain confined to the shareholders' rights as ..... 1985 and the petitioner lacked funds necessary for acquiring the shares of descon, and they would not be able to fulfil the obligation arising out of the contract, whose existence itself is under serious dispute. as regards, the interim relief which the petitioner may have been entitled to, mr. sen's submission is ..... performance of the agreement to sell 1,73,713 shares. the petitioner's case, as made out in the plaint is that there was a concluded contract between the parties, under which the petitioner had become entitled to be allotted these shares, which would have given them control of 26% holding of .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-07-2006
Reported in : 2006(4)CHN594
..... the correspondence with a view to arrive at a conclusion whether there was any meeting of mind between the parties, which could create a binding contract between them but the court is not empowered to create a contract for the parties by going outside the clear language used in the correspondence, except insofar as there are some appropriate implications of law to .....Tag this Judgment!
Court : Kolkata
Decided on : May-08-2006
Reported in : 2007ACJ1467
..... does not mean consideration is not there. according to us the insurance company without taking action for recovery in accordance with law of the amount of dishonoured cheque, revoking the contract, such action would be illegal revocation so far the third party is concerned. as such we cannot say that the insurance company was justified to cancel the insurance policy. moreover ..... in this case also.20. factually, however, we take note in this case specifically that because of dishonour of cheque which resulted in the non-payment does not render the contract ipso facto invalid or void. the insurance company is concerned with the recovery of consideration money provided under the statute, namely, the negotiable instruments act. under the statutory provision it ..... as to whether the insurance company can be made liable for making payment or not.8. the learned counsel for the insurance company contends that there has been no insurance contract because of dishonour of cheque. in support of his submission he has relied on two decisions of the supreme court in national insurance co. ltd. v. seema malhotra : 1scr1131 ..... on the date of the incident the insurance policy was not renewed. the cheque which was issued for payment was subsequently dishonoured. since there has been no consideration, therefore, the contract for insurance is void and the insurance company cannot be fastened with liability in the instant case.4. the kins of the victim who have preferred separate appeal against the .....Tag this Judgment!