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Judgment Search Results Home > Cases Phrase: medical degrees act 1916 section 2 definitions Court: kolkata Year: 1980 Page 1 of about 23 results (0.060 seconds)

Aug 25 1980 (HC)

State of West Bengal and ors. Vs. PulIn Krishna Roy Estate (P) Ltd. an ...

Court : Kolkata

Decided on : Aug-25-1980

Reported in : AIR1981Cal234

..... 5th january, 1970.6. mr. a.p. chatterjee, learned standing counsel appearing for the appellants referred to the definition of 'public purpose' in section 2(ff) and also to sub-sections (1) and (4) of section 3 of the 1947 act which are set out below:2. in this act, unless there is anything repugnant in the subject or context :--(ff) 'public purpose' includes providing residential accommodation for ..... the same was absolutely necessary in the interest of general public, therefore no public purpose was disclosed. mr. mitter submitted that by the amendment of the definition of 'public purpose' in section 2 (ff) by the amendment act of 1963 providing residential accommodation for employees of the state government was made a public purpose only if it was in the interest of public service ..... is a tenant under the respondent no. 1. in our opinion the expressions 'landlord and tenant' as used in sub-section (2) of section 3 do not refer to the superior landlord or the tenant of the first degree but the tenant in occupation of the premises sought to be requisitioned and his immediate landlord, who are directly affected by an order of requisition ..... functions in a situation of such inconvenience. in paragraph 4 it is alleged that he engaged brokers to find a flat. one of his sons and his wife are under medical care of dr. r. c. kundu a resident of ballygunge. place. it is very difficult to get good flat unless high selami was paid and at an exorbitant rent and .....

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Apr 11 1980 (HC)

Union of India (Uoi) Vs. Remo Morgani, Corlton Hotel

Court : Kolkata

Decided on : Apr-11-1980

Reported in : 1984(2)ECC359,1983(14)ELT2322(Cal)

..... of india, he could represent the union of india even without any authorisation in that behalf. mr. sanyal relied on section 5 of the customs act. section 5 of the customs act merely provides that subject to such conditions of limitations as the board made himself an officer of customs may exercise the, ..... the division bench earlier. mr. ghosh next contends that even assuming that in the particular case a charge can be framed under section 135(b) of the customs act. section 135(b) expressly includes mens rea as an ingredient of the offence. but in the instant case having regard to the circumstances ..... complaint and that the said person or authority may delegate this power or appoint an agent for this purpose. in prevention of food adulteration act, 1964, section 20 contains a provision that a complaint should be filed by the state government or by the central government or by a person to whom ..... nath haider his heirs and sons sachindra nath haider and ors. petitioners v. niranjan mondal and ors. opposite parties) air 1964 allahabad 497 (state through medical officer of health, muradabad applicant v. iswar garan opposite party). mr. ghosh contends that the union of india has no right of appeal in the instant ..... leave to appeal against an order of acquittal passed in case no. 907 of 1968 under section 135(b) of the customs act by sri d.p. sarkar, presidency magistrate, 3rd court, calcutta on 13-3-74.2. the facts of the case may briefly be stated as follows : -that the accused respondent .....

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Dec 18 1980 (HC)

Sishu Ranjan Dutta and anr. Vs. Bhola Nath Paper House Ltd.

Court : Kolkata

Decided on : Dec-18-1980

Reported in : [1983]53CompCas883(Cal)

..... the companies act, 1956, clearly define the two and having separate and specific provisions they cannot be mixed up and treated alike. therefore, it necessarily follows from the ..... and approval is obtained they will continue for ever without obtaining the sanction of the central govt. as specifically required under section 269 of the companies act, 1956, and in this connection the definition of a managing director in section 2(26) of the companies act, includes a director occupying the position of a managing director, by whatever name he is called, who by virtue of ..... . as provided under sections 267-269 and their terms of years, remuneration and compensation for loss of office are provided in sections 317 and 318 of the companies act, 1956, whereas the directors are treated separately and it has been specifically provided that no compensation can be payable to directors. further, the definitions of a director in section 2(13) and managing director in section 2(26) of .....

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Aug 12 1980 (HC)

Collector of Customs and ors. Vs. Om Prakash Jalan and anr.

Court : Kolkata

Decided on : Aug-12-1980

Reported in : AIR1980Cal341,85CWN25

..... contended on behalf of the state of bombay that sections 12 and 13 read with the definition of the term 'liquor' as given in section 2 (24) of the said act prohibited the import and export across the customs frontier and purchase, possession, consumption and use of any stock of foreign liquor, eau de cologne, lavender water, medicated wines and medicinal preparations containing alcohol. the supreme ..... court, after taking into consideration certain constitutional provisions, inter alia declared sections 12 and ..... 13 of the said act as unconstitutional and .....

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Jul 29 1980 (HC)

United Commercial Bank Vs. Sanatan Bastushilpa Pratisthan Pvt. Ltd.

Court : Kolkata

Decided on : Jul-29-1980

Reported in : AIR1981Cal146

..... ) 72 cal wn 1.11. mr. ghosh urged that under clauses (a) and (b) to sub-section (1) of section 22 of the specific relief act, 1963 read with the proviso to sub-section (2) of the said section, if the plaintiff has not claimed possession or any other relief which he is entitled to claim in a ..... be converted into a suit for recovery of possession at a later stage under the provision of section 22(1) (a) and (b) of the specific relief act, 1963 read with the proviso to sub-section (2) of the said section in execution proceedings, in my view, could not be a consideration at this stage. it proceeds ..... 137 of the report:'to read all these changes into clause 12, letters patent is to ignore the historical background and the express provision that the new section (section 16 of the code of civil procedure, 1908) should not apply to this court. the jurisdiction of the supreme court in suits 'concerning' land was ..... above observations. in that view of the matter the two decisions one of this court in sudamidh coal co. ltd. v. empire coal co. ltd. (atr 1916 cal 557) (supra) and the other of the allahabad high court in om prakash v. anar singh : air1973all555 (supra) would have no application to this case ..... is asking restoration or recovery of possession through perpetual injunction from court. in sudamdih coal co. ltd. v. empire coal co. ltd. reported in air 1916 cal 557 where a division bench of this court held that the expression 'suit for land' was used in clause 12 of the letters patent because .....

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Sep 12 1980 (HC)

Commissioner of Income-tax Vs. Smt. Asrafi Devi Rajgharia

Court : Kolkata

Decided on : Sep-12-1980

Reported in : [1983]142ITR380(Cal)

..... acquisition of land and, as such, a capital receipt. the tribunal also held that section 2(47) read with section 43 of the i.t. act, 1961, was not applicable in the facts and as section 12b(1) of the indian i.t. act, 1922, did not cover compulsory acquisition, the said sum was not taxable as capital ..... also the leasehold on the basis of market value. an additional sum, being 15% of the market value, was also awarded under section 23(2), of the l.a. act. the assessee contended that such additional sum should be excluded in computing capital gains arising out of the acquisition as the same was a ..... vests in the government only after the possession has been taken. the legislature expressly used the word 'interest' with its well-known connotation under section 34 of the act. it is, therefore, reasonable to give that expression the natural meaning it bears......interest, whether it is statutory or contractual, represents the profit ..... westminster bank ltd.. mr. sea next referred to the decision of the privy council in raja's commercial college v. gian singh & co. ltd. [1916] 2 all er 801, where the privy council observed that bonner maurice's case was of a very special and unusual nature and approved the d'ctum of ..... compensation under section 48a could not be income of the assessee as the same did not arise out of any business of the assessee and even if it could be said to be casual or non-recurring income, it would not be taxable in the relevant year.21. for the meaning and definition of .....

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Apr 11 1980 (HC)

Customs for Prevention (i) Vs. Remo Morgani

Court : Kolkata

Decided on : Apr-11-1980

Reported in : 1983(12)ELT790(Cal)

..... of india, he could represent the union of india even without any authorisation in that behalf. mr sanyal relied on section 5 of the customs act. section 5 of the customs act merely provides that subject to such condition of limitations as the board made himself an officer of customs may exercise the ..... the division bench earlier. mr. ghosh next contends that even assuming that in the particular case a charge can be framed under section 135(b) of the customs act. section 135(b) expressly includes mens rea as an ingredient of the offence. but in the instant case having regard to the circumstances ..... complaint and that the said person or authority may delegate this power or appoint an agent for this purpose. in prevention of food adulteration act, 1964, section 20 contains a provision that a complaint should be filed by the state government or by the central government or by a person to ..... monmatha nath haider his heirs and sons sachindra nath haider and ors. petitioners v. niranjan mondal and ors. opposite parties) ; : air1964all49 7 (state through medical officer of health, muradabad, applicant v. iswar garan, opposite party). mr ghosh contends that the union of india has no right of appeal in the instant ..... leave to appeal against an order of acquittal passed in case no. 907 of 1968 under section 135(b) of the customs act by shri d. p. sarker, presidency magistrate, 3rd court, calcutta, on 13-3-74.2. the facts of the case may briefly be stated as follows :-that the accused-respondent .....

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Sep 26 1980 (HC)

Debabrata Basu and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : Sep-26-1980

Reported in : 85CWN133,[1983]139ITR548(Cal)

..... the arguments of mr. deb must fail.17. mr. p.k. sengupta appearing for some of the appellants contended that the definition given in section 2(f) of the act is an inclusive definition. the definition of ' person ' means any person who is engaged in any profession and includes an huf and it is argued that there is ..... are concerned in these appeals, all the petitioners are practising advocates enrolled under the advocates act, 1961, and entitled to practice in this court as well as in the supreme court. the definition of person has been given in section 2(f) in the following terms :'a person means any person who is engaged in any ..... has quoted all the provisions hereinbefore stated. in so far as the schedule of the act is concerned, we may profitably quote the relevant item which runs as follows:'2(a) legal practitioners including solicitors and notaries public ; (b) medical practitioners including medical consultants and dentists ; (c) technical and professional consultants including architects, engineers, chartered accountants ..... , actuaries, management consultants and tax consultants; (d) chief agents, principal agents, special agents, insurance agents and surveyors or loss assessors registered or licensed under the insurance act, 1938 .....

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Aug 27 1980 (HC)

Commissioner of Income-tax (Central) Vs. Jai NaraIn Ram Chander

Court : Kolkata

Decided on : Aug-27-1980

Reported in : [1981]128ITR179(Cal)

..... observation of the chief justice of the gujarat high court that 'all circumstances in relation to securities of such a person ' in sub-section (2) of sections 44f must be construed in a narrow sense meaning thereby only circumstances pertaining to the sale of particular securities. if holding of such securities ..... then such facts, in my opinion, would come within the ambit of the expression 'all circumstances' mentioned in sub-section (2) of section 44f of the act.26. for the reasons aforesaid, i concur with the conclusion reached by my learned brother. ..... in tax liability on the part of the assessee by transferring the shares in question mala fide immediately before the declaration of dividend with the definite purpose of avoidance of tax. it is also pointed out by mr. pal that by the time the sale transaction took place the ..... tax, under such conditions that the interest on the securities is the income of the second person. the word ' interest' includes dividends.14. as stated earlier, both parties relied on the decision in the case of cit v. sakarlal balabkai : [1968]69itr186(guj) . in this case, the gujarat high court had an occasion to consider the implication of section ..... this section is designed to prevent the avoidance of tax by what are known as 'bond-washing' transactions, involving the manipulation of securities so that the security will pass temporarily into the legal ownership of some second person who is either not liable at all or liable to a lesser degree to .....

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Jan 11 1980 (HC)

Narayan Chandra Chakraborty Vs. Union of India (Uoi)

Court : Kolkata

Decided on : Jan-11-1980

Reported in : 84CWN293,[1980]126ITR831(Cal)

..... upon him.'14. in this connection, mr. dasgupta, counsel for the plaintiff, relied on collector of customs v. d. bhoormull, : 1975crilj545 , where it was held:'on the principle underlying section 106, evidence act, the burden to establish those facts is cast on the person concerned ; and if he fails to establish or explain those facts, an adverse inference of facts may arise ..... benefit by discovering concealed income and realising huge extra taxes and as such the defendant is bound to compensate the plaintiff by payment of the promised reward under section 70 of the indian contract act. section 70 was specifically pleaded by way of amendment. it is the plaintiff's case that he received rs. 100 from the defendant for conveyance and rs. 12 ..... alleged in the plaint ? (b) if so, has the plaintiff suffered to his detriment by acting on the alleged representations alleged to have been made by the defendant ? 2. is the plaintiff entitled to recovery of the money claimed in the suit under section 70 of the indian contract act ? 3. has the defendant through its income-tax commissioner, mr. krishnamurthy, admitted the plaintiff ..... of the contract act has been introduced by way of amendment in paras. 3a and 4a of the plaint. as against this, the defendant's counsel has raised three points :1. this case does not find any place in section 80 notice and cannot be entertained. 2. the plaintiff admitted in the plaint that he had supplied information 'pursuant to the request' of .....

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