Kolkata Court October 1987 Judgments
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Bholanath Karmakar and ors. Vs. Madanmohan Karmakar and ors.
Court: Kolkata
Decided on: Oct-30-1987
Reported in: AIR1988Cal1,(1988)1CALLT1(HC),92CWN428
A.M. Bhattacharjee, J.1. The question involved in this revisional application referred to this Special Bench is when a final decree for partition becomes enforceable within the meaning of Article 136 of the Limitation Act, 1963 so that the period of limitation prescribed therefor would begin to run thereunder. Shorn of details not necessary for our present purpose, Article 136 of the Limitation Act provides that 'for the execution of any decree (other than a decree granting a mandatory injunction)', the period of limitation is 12 years and that the time from which that period would begin to run is'when the decree becomes enforceable'. If a final decree for partition of immovable properties becomes enforceable on the date of its being made or pronounced by the Court, as contended by the opposite parties, the execution in this case was rightly held to be barred by time and the revision must fail. If on the other hand such a decree does not become enforceable until the same is engrossed o...
Ruby Roy Vs. Sudarshan Roy
Court: Kolkata
Decided on: Oct-30-1987
Reported in: AIR1988Cal210,92CWN709
A.M. Bhattacharjee, J.1. The marriage of the wife-appellant with the husband-respondent has been annulled by the learned Judge on the ground that the consent of the husband was obtained as a result of 'non-disclosure of material facts' concerning the wife. Having heard the learned Counsel for the parties and after going through the records ourselves, we are satisfied that we, in our turn, must annul that decree of annulment.2. The husband has filed the petition giving rise to this appeal under Section 12(11)(c) of the Hindu Marriage Act whereunder a marriage may be annulled by a decree of nullity on the ground that 'the consent of the petitioner was obtained by force or fraud us to the nature of the ceremony or to any material fact or circumstance concerning the respondent,' In paragraph 3 of the petition, the petitioner has stated that 'the petitioner could not know that the respondent is devoid of female organ and incapable of cohabitation' and that 'had the petitioner known, he woul...
Bray (inspector of Taxes) Vs. Best.
Court: Kolkata
Decided on: Oct-30-1987
Reported in: (1988)72CTR(Cal)18,[1990]184ITR195(Cal)
This is an appeal against an order of Walton, J. (1986) STC 96 made on 20th January, 1986 and entered on 18th February, 1986 reversing in part the decision of a Special Commissioner on an appeal by the Crown by way of case stated under s. 56 of the Taxes Management Act, 1970.On 30th and 31st January and 1st February, 1984, the Special Commissioner heard the appeals of the taxpayer against 21 assessments to income tax under Sch. E set out in the Income and Corporation Taxes Act, 1970 for the fiscal years 1958-59 to 1978-79 all inclusive (the employment years).On 2nd August, 1984 the Special Commissioner determined the appeals by discharging the assessments for the years 1958-59 to 1977-78 all inclusive and by reducing that for 1978-79 to the agreed figure of Pounds 8,111, being the excess over Pounds 10,000 of the aggregate moneys in dispute and accepted by the taxpayer as liable to tax pursuant to ss. 187 and 188 of the 1970 Act.2. The relevant statutory provisions are limited, Under C...
Ganesh Chandra Sarkar Vs. State of West Bengal
Court: Kolkata
Decided on: Oct-27-1987
Reported in: (1994)IIILLJ157Cal
Ajit Kumar Sen Gupta, J.1. In this application under Article 226 of the Constitution the petitioner has challenged the award dated 19th May, 1981 and the order dated 25th May, 1982 passed by the First Labour Court. The facts of this case are stated hereinafter.2. The petitioner was appointed as Driver in the Centre of Studies in Social Science, Calcutta in the time scale of Rs. 260-6-290-EB-6-326-8-EB-8-390-10-400/- by an Office Order dated 27th August, 1973. The petitioner was confirmed to the said post of Driver on 28th August, 1975. For the alleged failure to attend to duty on October 29,1976, the services of the petitioner were terminated with effect from February 10, 1977.3. The petitioner wrote a letter to the Deputy Labour Commissioner, Government of West Bengal, on 19th June, 1978 requesting him to intervene in the matter and to take appropriate steps for redressal of his grievances in accordance with the provisions of the Industrial Disputes Act, 1947 (hereinafter referred to ...
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