Kolkata Court July 1987 Judgments
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Venode Kumar Jalan Vs. Calcutta Municipal Corporation and ors.
Court: Kolkata
Decided on: Jul-24-1987
Reported in: (1987)0CALLT333(HC)
Susanta Chatterjee, J.1. This writ petition is heard along with C. O. 4389 (W) of 1986 filed by Bimal Kumar Samanta the respondent No. 4 against State of West Bengal and Others. It is stated in the present writ application that the petitioner was inducted as a tenant by the respondent No. 4 Bimal Kumar Samanta in respect of the rear portion of the premises No. 26, Khagen Chatterjee Road, Cossipore, Calcutta and since his induction in 1978 he is running hosiery business under the name and style of 'Messrs. Hanuman Hosiery Tailors' having obtained necessary licences from the appropriate Licencing Authority of the Municipal Corporation, Calcutta. It is alleged that sometime in the month of July 1984 the respondent No. 4 with some ulterior motive to dispossess the petitioner from the said premises started creating disturbance and the petitioner had to seek necessary police help. An application under Section 144 of the Code of Criminal Procedure was filed before the Learned Executive Magist...
Dipak Banerjee Vs. Sudipta Banerjee
Court: Kolkata
Decided on: Jul-23-1987
Reported in: (1987)0CALLT491(HC),92CWN352
Mukul Gopal Mukherjee, J.1. This is a revisional petition filed by the husband Dipak Banerjee, a B. E. Mechanical Engineering from Calcutta and a M. S. from New York and a computer professional who claims himself to be a citizen of United States of America, with his domicile in the States of Colorado having spent 10 years 10 months in different States there impugning an order dated June 22, 1985 passed by the learned Sub-Divisional Judicial Magistrate, Alipore whereby the latter found the Court having jurisdiction to entertain and try a proceeding under Section 125 of the Code of Criminal Procedure brought by the petitioner's wife Sm. Sudipta Banerjee for maintenance of herself and their only minor daughter, Sangeeta. This proceeding for maintenance was filed on June 27, 1984. The learned Magistrate overruled the petitioner preliminary objection questioning the jurisdiction of any Judicial Magistrate. Court in India in an international sense to try a claim for maintenance brought by hi...
Dipak Banerjee Vs. Mrs. Sudipta Banerjee and anr.
Court: Kolkata
Decided on: Jul-23-1987
Reported in: 1988CriLJ1627
ORDERMukul Gopal Mukherji, J.1. This is a revisional petition filed by the husband Dipak Banerjee, a B.E. in Mechanical Engineering from Calcutta and a M.S. from New York and a computer professional, who claims himself to be a citizen of United States America, with his domicile in the State of Colorado, having spent 10 years 10 months in different States there, impugning an order dt. June 22, 1985 passed by the learned Sub-Divisional Judicial Magistrate, Alipur, whereby the latter found the Court having jurisdiction to entertain and try a proceeding under Section 125 of the Cri P.C. brought by the petitioner's wife Smt. Sudipta Banerjee for maintenance of herself and their only minor daughter, Sangeeta. This proceeding for maintenance was filed on June 27, 1984. The learned Magistrate overruled the petitioner's preliminary objection questioning the jurisdiction of any Judicial Magistrate's Court in India 'in an international sense' to try a claim for maintenance brought by his wife. Th...
L.M. Thapar Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Jul-21-1987
Reported in: [1988]173ITR577(Cal)
Dipak Kumak Sen, J. 1. The applicant, L. M. Thapar, seeks a certificate from us that the judgment delivered and order passed by this court on January 28, 1985, in Income-tax Reference No. 1970 of 177 (sic), involves Substantial questions of law and is a fit one for appeal to the Supreme Court. The Substantial questions of law are stated to be as follows :'(a) Whether, in a case where an assessee has no available liquid funds at his disposal and borrows money for the purpose of payment of income-tax instead of liquidating his income-yielding assets, the interest paid on such borrowal utilised for the payment of income-tax can be allowed as a permissible deduction in computing the income of the assessee under Section 57 and/or Section 37 of the Income-tax Act ? (b) Whether, under the circumstances aforesaid, interest paid on money borrowed to make annuity deposit under Chapter XXIIA of the said Act was an allowable deduction under Section 57 and/or Section 37 of the said Act ' 2. It is s...
Sankar Banerjee Vs. Durgapur Projects Ltd. and ors.
Court: Kolkata
Decided on: Jul-20-1987
Reported in: AIR1988Cal136
ORDERSudhir Ranjan Roy, J. 1. Behind its apparently simple facts, the instant writ petition raises a very important issue, namely, whether the State can deprive a worker of a decent standard of life, which under Article 43 of the Constitution the State should endeavour to secure.2. The petitioner, now an Upper Division Assistant of the Durgapur Projects Ltd., which is 'State' within the meaning of Article 12 of the Constitution, joined the Projects initially as a Mate in the year 1960.3. His mother Smt. Indu Banerjee, since deceased who was Headmistress of the 'A' Zone Basic School, was in occupation of rent-free two-roomed quarter at No. FB-9/2 with the kitchen and bath in the Coke Oven Colony under the respondent 1, the Durgapur Projects Ltd.4. The petitioner, at all material times. has been living with his mother in the said quarter even after he joined the projects in the year 1960.5. By a letter dt. July 30, 1973 (Annexure 'A') the petitioner's mother requested the respondent 4, t...
Indian Football Association, West Bengal and anr. Vs. Mohan Bagan Athl ...
Court: Kolkata
Decided on: Jul-20-1987
Reported in: AIR1988Cal217
Sachi Kanta Hazari, J.1. This is an application under Rule 1 Chapter XIII of the original Side Rules of the Calcutta High Court. The point involved in this case is of great public importance in the field of sports and as such, the point requires careful consideration. Here, the court has been called upon to interpret certain rules framed by the Indian Foot-ball Association. The plaintiff No. 1 is the Indian Foot-ball Association and the plaintiff No. 2 is Shri Pradyut Kumar Dutta, the Secretary of the Indian Foot-ball Association. The plaintiff is an affiliated Association of the pro forma defendant, All India Foot-ball Federation. There is an Association called Federation of International Foot-ball Association which controls and manages the International Foot-ball Matches and Tournaments. The said Federation of International Foot-ball Association has its own Rules and Regulations and also constituted the international laws and/or rules of foot-ball games as also laws/rules relating to...
K.K. Majumder Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Jul-20-1987
Reported in: (1989)ILLJ426Cal
Umesh Chandra Banerjee, J.1. The concept of fair play is no longer in the realm of judicial consideration but a well-settled principle of law. Fair play and fair treatment, being the 'soul of natural justice', ought to be the most accepted methodology of all Governmental action. The observations of the Supreme Court in the case of Maneka Gandhi v. Union of India reported (AIR) 1978 SC 597 seem to be very apposite in this context. The Supreme Court observed:Natural justice is a great humanising principle intended to invest law with fairness and to secure justice and, over the years it has grown into a widely pervasive rule effecting which arises of administrative action.Thus, the soul of natural justice is the fair play in action and that is why it has received the widest recognition throughout the democratic world.2. The Supreme Court of New South Wales in the case of Asmand v. Public Service Board of New South Wales and Anr. reported in 1985 L R (Commonwealth) 1041, after noticing the...
In Re: Santibala Chatterjee
Court: Kolkata
Decided on: Jul-17-1987
Reported in: (1987)0CALLT647(HC),92CWN337
S.K. Mookherjee, J.1. The present Revisional Application is at the instance of two erstwhile licencees of a liquor shop which was being used both as an off-shop and on-shop, situate at 567, Diamond Harbour Road, Calcutta-700034. The subject matter of dispute of the instant application is an Appellate Order of the Commissioner of Excise, West Bengal dated 6.12.86, substantially, affirming the order passed by the Collector of Excise South 24-Parganas dated 3.5.86. The Appellate Authority, inter alia, directed that 'the country spirit shop shall not continue in the present location and its location shall be changed by shift within the current year, that is, by the 31st of March, 1987 in accordance with the Rules and provisions of law on the licencees offering a suitable alternative site whereupon the Collector may renew the licence at such site'.2. The relevant facts are more or less admitted. The shop in question had been existing at the disputed site for decades ; during the widening of...
Adarsh Properties (P) Ltd. and anr. Vs. the First Land Acquisition Col ...
Court: Kolkata
Decided on: Jul-17-1987
Reported in: (1987)0CALLT459(HC)
Paritosh Kumar Mukherjee, J.1. This writ petition is directed against an order of requisition passed under Section 3(1) of the West Bengal Premises Requisition and Control (Temporary Provision) Act, 1947 (West Bengal Act V of 1947), being order No. 26/80 Regn. dated August 2, 1980, issued by the Deputy Secretary, Government of West Bengal and served on the petitioner No. 1 under memo No. 2677-Regn. dated August 18, 1980, whereby the petitioner was directed to place the disputed property, at the disposal and control, of First Land Acquisition Collector, Calcutta, on August 20, 1980, at 10-30 A. M.2. The said order of requisition was passed by the Deputy Secretary to the Govt. of west Bengal, for following Schedule and description of the premises.''11/1A, Sarojini Naidu Sarani (previously known as Rawdon Street, Calcutta-700 017. (Entire 4th floor of the premises now in occupation of D. I. G. of Police, Enforcement Branch and Home Guards, with the usual facilities, rights and easements, ...
Sm. Jaba Rani GuIn Vs. Kartick Chandra Kundu and ors.
Court: Kolkata
Decided on: Jul-17-1987
Reported in: (1987)0CALLT563(HC),92CWN583
Sankari Prasad Das Ghosh, J.1. The suit, out of which the present appeal at the instance of the defendant No. 1 arises, was for permanent injunction for restraining the appellant and three other defendants (respondents Nos. 2, 3 and 4) from interfering with the lawful possession of the tenancy of the plaintiff and his business at the suit-premises, consisting of two rooms and a tin-shed at premises No. 24/1B, Girish Bose Road, Calcutta-14. The case of the plaintiff-respondent No. 1 was that he was a tenant under the defendant No. 1 (appellant) in respect of the suit-premises at the rent of Rs. 500 per month payable according to English calendar month. It was alleged that though the plaintiff respondent No. 1 was carrying on business in motor repairing under the name and style of 'Bishwakarma Motor Works' in the suit-premises, the respondents No. 2, 3 and 4 approached him on or about 26.4.76 for giving up possession of the premises on the ground that the appellant wanted to erect a buil...
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