Kolkata Court September 1979 Judgments

State of West Bengal Vs. Bidhu Bhusan Mitra Chowdhury

Court: Kolkata

Reported in: AIR1980Cal175

ORDERD.C. Chakraborti, J. 1. This Rule arising out of an application under Article 227 of the Constitution of India is directed against an order made by the Special Judge in an appeal under Sub-section (6) of Section 5-A of the West Bengal Estates Acquisition Act preferred from the decision of the Revenue Officer taken in a proceeding under Section 5-A of the said Act.2. The facts relevant for the present purposes are as follows:3. The concerned Assistant Settlement Officer started proceedings under Section 5-A of the said Act for holding enquiry into the alleged transfer of 71.07/5 ----- acres of land by Jyotindra Lal12Mitra Chowdhury, the father of the present opposite parties Nos. 1 to 3 in their favour. The case of the opposite parties is that the transfer was made by a registered Nirupanpatra executed on September 5, 1953 and registered on September 18, 1953. The further case of the opposite parties Nos. 1 to 3 is that their father on February 26, 1953 by an unregistered, schedule...

Rabindra Nath Mukherjee Vs. S.R. Das and anr.

Court: Kolkata

Salil Kumar Datta, J.1. This is an appeal from the judgment and order of Sabyasachi Mukharji, J., dated August 16, 1978 whereby the rule issued on the petitioner appellant's application under Article 226 of the Constitution was discharged subject to certain directions contained in the judgment.2. The petitioner's case as made in his application is as follows: The petitioner is a highly qualified civil engineer with a first class degree in Civil Engineering obtained in 1955 and is a member of various engineering institutes in India and abroad. He is also a law graduate, a registered architect and is author of a number of books and publications with a doctorate degree in Planning and Housing. Since 1961, after service in various foreign firms, he had been a senior covenanted officer in Jessep and Co. Ltd. and in 1964 he applied for a post of Structural Engineer in the Development and Planning (T and CP) Department of the Government of West Bengal advertised by the Public Service Commissi...

T.K. Das Vs. Union of India (Uoi)

Court: Kolkata

Reported in: (1980)IILLJ105Cal

M.M. Dutta, J.1. In this appeal, the appellant has challenged the propriety of the judgment of a learned single Judge discharging the Rule obtained by the appellant on his application under Article 226 of the Constitution.2. The appellant is a member of the Indian Police Service. At the relevant time, he was the Deputy Inspector-General of Police, Training West Bengal at the Police Training College, Barrackpore. He was served with an order dated April 16, 1975 of the President of India passed by him in exercise of his power under Rule 16(3) of the All India Services (Death-cum-Retirement Benefits) Rules, 1958 retiring the appellant, who had attained the age of 50 years, in the public interest, on the expiry of three months from the date of service of the order. The appellant, being aggrieved by the said order of compulsory retirement, moved a writ petition before this Court and obtained Rule nisi.3. The appellant was promoted to officiate in the selection grade of Indian Police Service...

Smt. Maya Basak Vs. Smt. Kalidasi Dassi and anr.

Court: Kolkata

Reported in: AIR1980Cal45

Anil K. Sen, J.1. This is an appeal from an original decree. The plaintiff in a suit for declaration that she is the ultimate beneficiary in respect of the suit property and for an injunction restraining the defendant from alienating or encumbering the said property, is the appellant in this appeal. The suit was dismissed by the learned Judge, 4th Bench, City Civil Court at Calcutta and the decree of dismissal dated February 28, 1974, in Title Suit No. 707 of 1972 is the subject-matter of challenge in this appeal. The suit property is the undivided 1/3rd share in premises No. 23, Ram Mohan Saha Lane, P. S. Burtolla, Calcutta. That premises is the dwelling house of the co-sharer owners.2. Certain facts are not in dispute and those may be set out briefly as follows:--The suit property that is the 1/3rd share in the aforesaid dwelling house was inherited in equal shares by two brothers Baidya Nath and Asutosh. In or about the year 1920 Baidya Nath died very young leaving behind the defend...

Commissioner of Income-tax Vs. Rameshwarlal Agarwalla

Court: Kolkata

Reported in: [1983]141ITR255(Cal)

Deb, J.1. In this reference under Section 66(1) of the Indian I.T. Act, 1922, we are concerned with the following questions of law :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in treating the penalties as having been imposed under Section 221 of the Income-tax Act, 1961, and not under Section 46(1) of the Indian Income-tax Act, 1922 ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the Appellate Assistant Commissioner was competent to hear the appeals though the assessee had not paid the relevant taxes before the filing of the appeals before him ' 2. The facts stated by the Tribunal may now be stated by us. The assessee is an individual. He did not pay income-tax for the assessment years 1948-49, 1949-50 and 1950-51. The assessments for the aforesaid years were completed long before the 1st April, 1962. The ITO, therefore, issued notices under Section 46(1) of the Indian I.T. Act, 192...

Anil Barui Vs. Nagendra Chandra Barui and anr.

Court: Kolkata

Reported in: 1981CriLJ399

P.C. Borooah, J.1. In this Rule, the petitioner Anil Barui, who is the second party to a proceeding under Section 145 of the Cr. P.C. (hereinafter the Code), being M. P. Case No. 484 of 1979, pending in the Court of Sri S. N. Roy, Sub-Divisional Executive Magistrate, Barrackpore, has impugned the validity of an order dated May 10, 1979 passed by the said Magistrate, drawing up a proceeding under the said section and directing the parties to submit their written statements in support of their respective claims as regards possession and also attaching the subject matter of the dispute viz. a timber shop, under Section 146(1) of the Code and appointing the O.C. Bizpur Police Station as a care-taker of the shop until further orders.2. This Rule initially came up for hearing before Monoj Kumar Mukherjee, J, The learned Judge, in view of two conflicting single Bench decisions of this Court, has referred this matter to the Division Bench.3. By an order dated April 11, 1979 the learned Magistr...

United Bank of India Vs. Ram Raj Goala

Court: Kolkata

G.N. Ray, J.1. This rule is directed against Order No. 58 dated 18th March, 1978 passed by the learned Judge, 4th Bench, City Civil Court, Calcutta, in Title Suit No. 1727 of 1974. By the aforesaid impugned order the learned Judge disposed of Issue No. 1 framed in the said Title Suit on the prayer of the defendant. The said Issue No. I is to the following effect: 'Issue No. 1--is the suit maintainable in its present form?' By the said impugned order the learned Judge came to the finding that although a personal contract of service sought to be enforced in this suit is not enforceable under the Specific Relief Act but at that stage of the suit it was not possible to hold that the suit was not maintainable in its present form because the question of determination of age of the plaintiff raising thereby a civil dispute could not be determined on merits at that stage of the suit. The learned Judge was also of the view that a civil dispute was raised by the plaintiff in claiming superannuat...

State of West Bengal and ors. Vs. Suresh Chandra Bose

Court: Kolkata

Reported in: [1980]45STC118(Cal)

Murari Mohan Dutt, J.1. This appeal is at the instance of the authorities of the commercial taxes and it is directed against the judgment of Sabyasachi Mukharji, J., whereby his Lordship made the rule nisi, which was obtained by the respondent Suresh Chandra Bose on his application under Article 226 of the Constitution, absolute.2. Bose is a qualified sanitary engineer and at the relevant time he had been working as a sanitary contractor. In 1950, Bose applied before the Commercial Tax Officer for being registered as a dealer under the Bengal Finance (Sales Tax) Act, 1941, under a mistaken impression that he was a dealer under the said Act and was liable to pay sales tax. Bose was registered as a dealer under the Act. He had submitted returns from 1951 to 1958 and paid a total sum of Rs. 18,812.45 on account of sales tax along with the returns. The case of the respondent was that the said sum was paid by him on a mistaken notion of the law. After the decision in Dukhineswar Sarkar and ...

Subdivisional Land Reforms Officer and ors. Vs. Ukhara Forest and Fish ...

Court: Kolkata

Reported in: AIR1980Cal61

Sankar Prasad Mitra, C.J.1. These Full Bench References have been made by a Division Bench consisting of Sabyasachi Mukharji and Murari Mohan Dutt, JJ. under paragraph 2 read with paragraph 7 of Chapter VII of the Appellate Side Rules for a final decision. The only question for determination is whether the lease-hold interest of the respondent Ukhara Forest and Fisheries Ltd., in 219.41 acres and 233.81 acres of forest lands situate in the district of Burdwan, vested in the State of West Bengal by virtue of the provisions of Clause (aa) of Sub-section (1) of Section 5 of the West Bengal Estates Acquisition Act, 1953, (hereinafter referred to as 'the Act), with retrospective effect from Baisakh 1, 1362 B. S. corresponding to April 15, 1955, (sic) being the date of vesting as mentioned in the Notification dated August 16 1954, published under Section 4 of the Act.2. Initially, the Act did not define a 'forest'. Section 4(1) of the Act provided as follows:--'Section 4: Notification vestin...

Graphite India Limited Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: (1980)IILLJ29Cal

M.M. Dutta, J.1. This appeal is at the instance of Graphite India Ltd. and it directed against the judgment of a learned Judge of This Court whereby he discharged the rule nisi obtained by the appellant-company challenging the propriety of the award of the 9th industrial Tribunal, Durgapur. By the said award, the learned Tribunal reinstated the respondent No. 4 Ratan Chandra Das Gupta in his post with effect from the date of ins dismissal with all back wages.2. The respondent No. 4 was at all material time an Inspector in the Production Control Department of the appellant-company. On July 3, 1971 a charge-sheet was served upon him by the management inter alia to the following effect:(1) On 2-7-71 he had been asked by the Supervisor of the department to sample 102X132X861 mm. size Anode, but instead of acting according to the instructions of the Supervisor he straightway refused to carry out according to the instructions in spite of several verbal and written warnings.(2) On 26-6-71 whi...