Kolkata Court July 1985 Judgments
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Sushil Kumar Dutta Vs. the State
Court: Kolkata
Decided on: Jul-05-1985
Reported in: 1985CriLJ1948
Gobinda Chandra Chatterjee, J.1. These three revisional applications have arisen out of three G.R. Cases namely, (1) 3059/751 A). (2) '3059/75(8) and (3) 3059/75.2. The prosecution case is that Shri Sushil Kumar Datta one of the present petitioners before us appeared in the Indian Administrative Service Examination in 1967 and in the application form of the said examination he mis-represented his caste by falsely declaring himself to be a 'Namasudra' and by such false declaration he claimed to be belonging to a scheduled caste community although as a matter of fact, he actually belonged to 'Barojibi' caste commonly known as 'Baroi' which is not a scheduled caste in West Bengal. By such mis-representation as to his caste he obtained the advantage of the relaxed standard of the examination prescribed for scheduled caste candidates. On the result of the examination held in 1967, Sri Datta was selected by the Union Public Service Commission for appointment in a Class I Central Service and ...
Ranipet Chemicals and Engineering Co. Pvt. Ltd. Vs. Swastik Stainless ...
Court: Kolkata
Decided on: Jul-03-1985
Reported in: AIR1986Cal76
R.N. Pyne, J.1. This appeal is directed against an order of Mrs. Pratibha Bonnerjea, J. dt. 30th Nov., 1981 dismissing the appellant's application for recalling and/or setting aside of an ex parte decree dt. the 27th April, 1981 (wrongly mentioned in the petition as 6th April, 1981).2. On or about 12th Feb., 1976 the respondent filed a suit against the appellant being Suit No. 61 of 1976 (Swastik Stainless Steel Stores v. Ranipet Chemicals and Engineering Co. Pvt. Ltd.) for Rs. 1,78,347.76 p. on account of damages; interest and for other reliefs.2A. On 19th April, 1976 the respondent made an application for judgment upon admission for Rs. 78,037.71/- out of which, according to the respondent, Rs. 68,038.71 represented the amount of three dishonoured cheques and Rs. 10,000/- on account of security deposit as admitted by the appellant.3. On the application of the appellant, by consent of the parties, an order was made on 21st April, 1976 extending the time for filing of the written state...
Trustees for the Improvement of Calcutta Vs. Nityananda Paul and ors.
Court: Kolkata
Decided on: Jul-03-1985
Reported in: AIR1986Cal86
M.N. Roy, J. 1. This memorandum of appeal from original order, is directed against the judgment and order dt. 6th Aug. 1979, passed in Civil Rule No. 1791(W) of 1977, by Bimal Chandra Basak, J. By that order, the learned Judge has made the Rule absolute and directed the issue of or Writ of Mandamus restraining the respondents before him, from proceeding against the writ petitioner under the provisions of the West Bengal Government Premises (Tenancy Regulation) Act, 1976 (hereinafter referred to as the said 1976 Act). While making such order, the learned Trial Judge, however, made it clear that if the Respondents before him have any other right under any other law or provisions of the statute, the order as made, will not prevent them from proceeding with the same in accordance with law.2. The writ petitioner, who is Respondent 1 before us, claimed in his petition, that after the partition of Bengal, he along with the other members of his family, came to West Bengal in search of permanen...
Commissioner of Income-tax Vs. Koomsong Tea Co. Ltd.
Court: Kolkata
Decided on: Jul-02-1985
Reported in: (1986)54CTR(Cal)127,[1985]156ITR384(Cal)
Dipak Kumar Sen, J.1. M/s. Koomsong Tea Co. Ltd., the assessee, wasassessed to income-lax for the assessment year 1974-75, the accountingyear ending on December 31, 1973. The assessee is a non-resident company whose accounts are maintained outside India, By reason of non-receipt of necessary particulars, in time, the assessee applied for extensionof time for filing its return. Time to file its return was extended up toDecember 31, 1974. The assessee, in fact, filed its return on February27, 1975.2. On March 14, 1974, the assessee had filed an estimate of its income and made a voluntary payment of Rs. 3 lakhs on account of advance tax, though there was no demand under Section 210 of the I.T. Act, 1961, from the ITO for such payment.3. In the assessment, however, the ITO did not treat the said Rs. 3 lakhs as an advance payment of tax and charged interest under Section 139 withholding from the assessee the benefit of the said payment.4. On appeal by the assessee, the AAC held that the ITO...
Sankarlal Saraf Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-01-1985
Reported in: 1986(9)ECC85,1993(67)ELT477(Cal)
ORDERN.G. Chaudhuri, J.1. Sankarlal Saraf, the petitioner before us is alleged to have committed offences punishable under Section 135 of the Customs Act, 1962 by importing huge quantities of stainless steel from U.S.A. and other countries by under-invoicing the consignments and thereby indulged in smuggling as defined in the Customs Act. The period of activities of smuggling is alleged to be from 1981-1983. It is alleged that he has wide connections and has a large number of accessories. The Customs Authorities had suspicions regarding the nature of smuggling activities carried on by Sankarlal Saraf only recently for which litigations before various forums are continuing. However, to come to grips with the relevant facts we may say that the Assistant Collector, Customs, Calcutta produced him in custody for offences alleged under the Customs Act before the learned C.M.M., Calcutta on 24-4-1985 and the learned Advocate for Customs Authorities prayed for rejection of the prayer for bail ...
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