Kolkata Court July 1987 Judgments
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Behari Lal Show Vs. Another
Court: Kolkata
Decided on: Jul-17-1987
Reported in: 92CWN595
S.K. Mookherjee, J.1. The present Revisional Application, is directed against an order being No. 71, dated 18.2.86 passed by the learned Munsif, Second Court, Alipore, in Title Suit No. 228 of 1983.2. The landlord of the suit premises, wherein the opposite party, is a tenant, is the petitioner in the said Revisional Application. The tenant/opposite party filed a belated application under Sections 17(1), 17(2) and 17(2A) of the West Bengal Premises Tenancy Act with an application for condonation of delay, which had been allowed by the learned Munsif by the impugned order. The extent of delay, as found by the court below, is sixty-seven days.2a. In support of the Revisional Application, Mr. Rej has strongly contended that the delay does not deserve condonation as the reasons advanced on behalf of the tenant/opposite party before the Court below clearly indicate that the delay occurred due to gross and inexcusable legal advice and not due to any bona fide mistake either on the part of the...
Ram Nath Mehra and ors. Vs. Calcutta Municipal Corporation and ors.
Court: Kolkata
Decided on: Jul-17-1987
Reported in: (1988)2CALLT347(HC)
Ajit Kumar Sengupta, J.1. The petitioners are the owners of a portion of premises No. 48/1B, Leela Roy Sarani, Calcutta. They submitted a plan to the respondent No. 1, Calcutta Municipal Corporation, for construction of a small one storeyed house for their own residential purposes.2. The petitioners claim to have complied with all the formalities as required under the Calcutta Municipal Corporation Act, 1980 (hereinafter referred to as the said Act) and the rules and bye-laws framed thereunder and furnished all information which were prescribed under the said Act or the said Rules and bye-laws. The respondent Authorities, however, have failed and neglected to sanction the said building plan even after the lapse of two months.3. By a letter, dated 17th February 1987 the Municipal Authorities informed the petitioners that the 'plans and application submitted under Sections 393 and 394 thereof of the said Act and Rules 47 to 50 thereunder might be accepted conditional upon further scrutin...
Amar Layek Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-17-1987
Reported in: 1988CriLJ1293
Jyotirindra Nath Hore, J. 1. The instant appeal is against the judgment and order passed by a leaned Additional Sessions Judge, Midnapur convicting Amar Layek alias Sant, the appellant before us Under Sections 302, 364 and 201, Indian Penal Code and sentencing him to Imprisonment for life UNDER SECTION 302, Indian Penal Code and to rigoreus imprisonment for 6 years on each count Under Sections 364 and 201, Indian Penal Code. The appellant was further charged along with wife of the deceased Laltta Under Section 120B, Indian Penal Code but both of them were acquitted of the charge.2. Briefly stated, the prosecution case was as under:Adwaita Das alias Neul (the deceased) aged 22/23 years married Lalita, second daughter of Prabhakar Saha of Village Bansdiha, on 7th Jastha, 1390 B.S. and since then Lalita had been living with Adwaita at her matrimonial home at Baromeshia within P.S. Goaltore.3. Appellant Amar Layek alies Sant was at the material time servant of Prabhakar Saha, father of Lal...
Birajananda Das Gupta (Deceased by Lrs) Vs. Competent Authority Under ...
Court: Kolkata
Decided on: Jul-16-1987
Reported in: AIR1988Cal8,92CWN492
A.M. Bhattacharjee, J.1. This writ proceeding has been referred to us by the learned Chief Justice as our learned brother Mukul Gopal Mukherji, J., who was initially hearing the matter, was of opinion that the proceeding involves a substantial question of law of general importance relating to the interpretation of some of the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 and should be heard and decided by a Division Bench. After hearing the learned Counsel for the parties, we have, however, found that the disposal of this writ petition involves a question slightly larger than what was formulated by our learned brother and since the entire writ petition has been referred to us for disposal, we have disposed of that question in the larger form.2. The avowed objects of the Urban Land (Ceiling and Regulation) Act, 1976 inter alia are to impose a ceiling on vacant lands in urban agglomeration and to acquire vacant lands in excess of the ceiling limit. Under Section 2(q) of...
Standard Vacuum Equipment Vs. Commissioner of Commercial Taxes
Court: Kolkata
Decided on: Jul-16-1987
Reported in: [1988]71STC220(Cal)
Suhas Chandra Sen, J. 1. The dispute relates to extension of eligibility certificate under Rule 3(66) of the Bengal Sales Tax Rules. The petitioner was originally granted registration for the period 1st April, 1982 to 31st March, 1983. On 2nd March, 1983 the petitioner made an application for renewal of the eligibility certificate. This application was disposed of on 26th July, 1984 by the Assistant Commissioner, Dharamtala Circle. The ground for rejection was that the petitioner had not issued the bills against sales of goods against the same serials. One of the conditions that have to be fulfilled in order to continue the eligibility certificate is that the dealer must maintain serially numbered cash/credit memos for sales of goods manufactured in the small-scale industry. The Assistant Commissioner found that the bills raised on account of the labour charges were intermixed with the bills for sale of goods.2. The petitioner applied before the Additional Commissioner of Commercial Ta...
Ratan Behari Dey and ors. Vs. Calcutta Municipal Corporation and ors.
Court: Kolkata
Decided on: Jul-15-1987
Reported in: (1987)0CALLT525(HC)
Susanta Chatterjee, J.1. The present writ application has been filed by 43 retired employees of the Calcutta Municipal Corporation. Admittedly, they have all retired before 1st April, 1977. It is stated that the Scheme of Pension which was in force in the Corporation of Calcutta upto 1914 and employees who were in service during that period used to enjoy the benefit of pension. Thereafter, the scheme of pension was discontinued. Again in 1968, there was a proposal to re-introduce the scheme of pension for the employees of the Corporation irrespective of the date of retirement. It is alleged that, in fact, in 1968, the Corporation passed a resolution to the above effect. The acceptance of the Scheme of Pension, was however, delayed till 1982. The said scheme at last has been accepted in 1982 with retrospective effect from 1.4.1977. Regulation No. 1 of the said Corporation of Calcutta Employees' (Death-cum-Retirement) Benefit Regulations of 1982 provides that the Regulations are to come ...
Provash Kumar Dey Vs. Inspector of Central Excise and ors.
Court: Kolkata
Decided on: Jul-14-1987
Reported in: 1988(15)ECC310,1987(31)ELT13(Cal)
Sudhir Ranjan Roy, J.1. The petitioner is a Trader of Biri tobacco at village Bagula Bazar in the District of Nadia and he carries on business under Central Excise Licence No. 322 of 1963.2. The tobacco that the petitioner deals with is known as duty-paid Biri tobacco for which a Central Excise Licence had to be obtained by him.3. In accordance with the provisions of the Central Excise Rules the petitioner purchases and transports tobacco under proper permits called T.P.1's and the tobacco so purchased and transported is stored in the licensed premises of the petitioner at No. 1094, Bagula Bazar, District Nadia.4. On April 29, 1974 some officers of Central Excise Department visited the aforesaid licensed premises of the petitioner for the purpose of verification of stock and checking of account and permits.5. During the said verification the officers found 70 bags of duty-paid tobacco lying in an adjacent premises, being No. 1095, as the original licensed premises was being repaired an...
State Bank of India Vs. Techno Ceram and ors.
Court: Kolkata
Decided on: Jul-13-1987
Reported in: [1989]65CompCas74(Cal),92CWN48
Mookherjee, C.J.1. The plaintiff-petitioner bank has instituted against the defendant-opposite parties Title Suit No. 21 of 1986 in the Eighth Court of the Assistant District Judge, Alipore, inter alia, for recovery of Rs. 1,33,124.54 for a decree against them under Order 34, Rule 4, of the Code of Civil Procedure in respect of the property mentioned in Schedule A and for enforcing the plaintiff bank's right to sell the goods, machinery, tools and equipment mentioned in annexure M to the plaint by way of enforcement of the charge created thereon for repayment of the aforesaid amount.2. The learned Assistant District Judge, by an ex parte order dated July 26, 1986, has held that the plaintiff's claim for Rs. 1,33,124-54 did not arise out of one transaction or one cause of action. It arose out of a first term loan of Rs. 40,018.23, cash credit account for Rs. 59,577.23 and a second term loan of Rs. 33,535.12. According to the learned Assistant District Judge, separate causes of action ha...
Statesman Ltd. Vs. Assistant-collector of Central Excise and ors.
Court: Kolkata
Decided on: Jul-09-1987
Reported in: 1987(14)ECC207,1989(21)LC2245(Calcutta),1987(31)ELT3(Cal)
Sudhir Ranjan Roy, J.1. This is a strange and peculiar case where the Central Excise authorities have proceeded to realise excise duty not from the manufacturer or producer but from a consumer out and out and that too on the basis of an exemption notification.2. The facts :The petitioner, The Statesman Limited, is a Company incorporated under the provisions of the Indian Companies Act, 1913 and has its registered office at Statesman House, No. 4, Chowringhee Square, Calcutta. The business of the Company is the publication and sale of newspapers including The Statesman which is published daily both in Calcutta and New Delhi.3. The subject matter of the challenge in the instant writ petition is a purported show cause demand notice dated October 3, 1985 issued by the Assistant Collector of Central Excise, Calcutta-1 Division. By the said show cause notice (in short, the impugned notice) the Company has been required to show cause why Central Excise duty to the tune of Rs. 19,29,583.23 for...
Kamal Kumar Basu Vs. Kalyani Basu
Court: Kolkata
Decided on: Jul-08-1987
Reported in: AIR1988Cal111,92CWN323
A.M. Bhattacharjee, J.1. Theappellant-husband petitioned under Section 13 of the Hindu Marriage Act for dissolution of his marriage with the respondent-wife on the ground of desertion as well as cruelty. Both the grounds having been negatived and the petition having been dismissed by the trial court, the husband has preferred this appeal, but the learned counsel appearing for him has, however, pressed before us the ground of desertion only and has given up the ground of cruelty. The only question falling for our consideration in this appeal, therefore, is whether the respondent-wife deserted the appellant-husband to warrant a decree for divorce at the instance of the husband under Section 13(ib) of the Hindu Marriage Act and after hearing the learned counsel for the parties and after giving the materials on record our best consideration, we, in agreement with the learned trial Judge, propose to answer the question in the negative.2. The facts of the case, stated in details in the judgm...
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