Kolkata Court March 1980 Judgments
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State of West Bengal and ors. Vs. Jagmohan Lal Gupta and ors.
Court: Kolkata
Decided on: Mar-06-1980
Reported in: [1980]45STC418(Cal)
M.M. Dutt, J.1. The only question that is involved in all these appeals relates to the constitutional validity of the Bengal Finance (Sales Tax) (Amendment) Ordinance, 1980.2. The respondents, except respondent No. 1 in F.M.A. No. 781 of 1974, carry on the business of retail vend of country liquor under excise licences. Section 6(1) of the Bengal Finance (Sales Tax) Act, 1941, xempts payment of tax on the sale of goods specified in the first column of Schedule I to the Act. Entry 25 of Schedule I specified certain intoxicants including country liquor. Section 3(5) of the West Bengal Taxation Laws (Amendment) Act, 1972, omitted entry 25 from Schedule I. The effect of such omission was that sale of country liquor became chargeable to sales tax. The respondents felt aggrieved by the imposition of tax on the sale of country liquor by the impugned provision of Section 3(5) of the West Bengal Taxation Laws (Amendment) Act, 1972. They filed writ petitions in this court and obtained rules nisi...
Show View Tea Co. Pvt. Ltd. Vs. West Bengal Tea Board Development Corp ...
Court: Kolkata
Decided on: Mar-05-1980
Reported in: AIR1980Cal269
Ghose, J.1. This is an application by the appellant for stay of the order under appeal dated 14th January, 1980 passed by the court of the first instance. By and under the said order the court of the first instance restrained the appellant from dealing with or disposing of its property known as Kumai Tea Estate. By and under the said order the Court of the first instance also directed that an aggregate sum of Rs. 8 lakhs which has been lying with the Union Bank of India at India Exchange Place Branch to be kept separately in Suspense A/c and the appellant was restrained from withdrawing any part of the said amount until the disposal of the suit.2. Against the said judgment and order this application has been made as stated hereinbefore after preferring an appeal against the said judgment and order of the single Judge for reliefs mentioned in the petition.3. Mr. Anindya Mitra, learned counsel appearing on behalf of the appellant submitted that the impugned judgment and the order should ...
Radha Raman Sarkar Vs. State of West Bengal
Court: Kolkata
Decided on: Mar-05-1980
Reported in: 1980CriLJ1393
B.N. Maitra, J.1. The prosecution case is that on the 29th October, 1972 at about 2-45 p. m., the deceased, Kalachand Haldar, along with Monimohan Haldar, Dayal Mondal and Buddhadeb were playing cards at Barowaritola in the district of Nadia. One Dulal Haldar was sitting behind them. Buddhadeb told Dulal to move aside, but he declined to do so. An altercation followed between Buddhadeb and Dulal. One Chittaranjan Haldar was then passing by that place on cycle. He pacified them. Then the accused Radharaman and his brother, Harimohan. arrived at the spot and enquired of Buddhadeb. The latter told them that Dulal wanted to assault him. On hearing the same, Radharaman assaulted Dulal with fists and blows. Dulal fled away. Then Radharaman struck Kalachand on his person with fists and blows and he fell down and was unable to speak. Some villagers arrived there and nursed him with water. One Dr. Amulya Chandra Mondal was called in. He examined him and declared him to be dead. Then Dulal went ...
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