Kolkata Court August 1987 Judgments
Browse smarter
Turn browsing into brief-ready notes
Open any judgment and get a structured AI Brief in seconds — plus Semantic Search when you need to hunt by meaning, not keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed — log in to pick up where you left off.
Ananta Subramania Padmanabhan Alias A. Padmanabhan Vs. Union Bank of I ...
Court: Kolkata
Decided on: Aug-31-1987
Reported in: (1987)0CALLT654(HC)
Paritosh Kumar Mukherjee, J.1. The present writ petition has been moved by A. Padmanabhan, the former Branch Manager, Punjab National Bank, Chittaranjan Avenue Branch, for the second time, on February 12, 1985, when after the order of remand (passed by this Court in terms of the judgment, dated June 29, 1982, delivered by P.C. Borooah, J, in Matter No. 1267 of 1981. His Lordship gave express liberty to the bank authorities, to issue fresh charge sheet, against the petitioner, if so advised, in accordance with law, after quashing all earlier charge sheet, dated November 21, 1977, and all subsequent proceeding thereto, including the order of dismissal, and the appellate order.2. At the time of issuance of the Rule, no interim order was granted by Umesh Chandra Banerjee, J. except that enquiry, which was stated to have commenced, shall continue and final order might be passed, but the same shall not be communicated to the petitioner, until further orders of this court.3. The writ petition...
Smt. Usha Majumdar and ors. Vs. Smt. Smriti Basu
Court: Kolkata
Decided on: Aug-28-1987
Reported in: AIR1988Cal115,(1988)1CALLT35(HC)
Monoj Kumar Mukherjee, J. 1. Smt. Smriti Basu (nee Mazumdar), who happens to be the only issue of one Samarendra Nath Mazumdar (since deceased) by his first wife, filed a suit, out of which the instant appeal arises, against her step mother, step brother and two step sisters claiming partition of the properties left behind by her father which include a two storied house and the moneys paid under his life insurance policy and from his provident fund account. In contesting the claim of the plaintiff the defendants did not dispute that she had l/5th share in the properties left behind by her father but contended that in view of Section 23 of the Hindu Succession Act, 1956 (hereinafter referred toas the 'Succession Act') the house was impartible. It was further contended by them that the moneys payable and since paid under the life insurance policy and from the provident fund account of the deceased exclusively belonged to Smt. Usha Mazumdar (defendant 1), the second wife of the deceased, ...
Manik Lal Bhunia and Subal K. Pradhan Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Aug-27-1987
Reported in: (1987)0CALLT686(HC)
S.R. Roy, J.1. Whether motor drivers belonging to the same grade and also similarly situated and circumstances otherwise, can be classified into two different groups on the basis of their general educational qualification for promotional purposes to the next higher grade, is the sole point for consideration in the instant two writ petitions, which were heard analogously.2. The petitioners in the instant writ petitions, who are altogether 12 in number, are all drivers of the Hindustan Fertilizer Corporation Limited, Haldia Division, which is an authority within the meaning of Article 12 of the Constitution of India.3. At the time of appointment of the petitioner the prescribed qualification for recruitment of drivers in Grade III, which is the initial grade, was knowledge of reading and writing English and Bengali, and possession of a- valid driving licence with minimum experience of 5 years.4. After being appointed to Grade III, the petitioners in due course were promoted to Grade II a...
Nuddea Mills Company Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Aug-20-1987
Reported in: [1988]171ITR169(Cal)
Dipak Kumar Sen, J.1. This reference arises out of the income-tax assessment of Nuddea Mills Co. Ltd., the assessee, for the assessment years 1961-62, 1965-66 and 1966-67, the relevant accounting years ending on the 31st March of the calendar years 1961, 1965 and 1966.2. The facts as found and on record are, inter alia, that the assessee is a manufacturer of jute goods. In the assessment years involved, the assessee entered into forward contracts for sale of standard jute goods of its manufacture. Subsequently, the assessee received overseas offers for supply of special quality jute goods where the margin of profit was expected to be high. The capacity of the looms available to the assessee for production was limited and the assessee was not in a position to manufacture the special quality jute goods for the overseas purchasers and also standard jute goods to fulfil the assessee's forward contracts of sale. To earn higher profits, the assessee decided to manufacture the special quality...
A.K. Mukherji Vs. Prodip Ranjan Sarbadhikary and ors.
Court: Kolkata
Decided on: Aug-19-1987
Reported in: AIR1988Cal259,92CWN539
A.M. Bhattacharjee, J.1. The two Judges Bench decision of the Supreme Court in Mattulal v. Radhe Lal, : [1975]1SCR127 , which has followed the earlier four Judges Bench decision in Sarbate T. B. v. Nemichand, 1966 MPLJ 26 (SC) and has held the contrary view in the three Judge Bench decision in Kamla Soni v. Rup Lal Mehra, 1970 RCJ 34 : (AIR 1969 NSC 186) not to be good law in view of Sarbate T. B. (supra) and even otherwise, has now been taken to have settled that the finding as to reasonable requirement of the suit-premises by the landlord in a suit for ejectment against the tenant is a finding of fact unassailable in second appeal unless it can be shown that there was an error of law in arriving at such a finding or that the finding was based on no evidence at all or was such as no reasonable person could arrive at it. A later three Judge Bench decision in Damadilal v. Parasram, : AIR1976SC2229 has only adverted to the earlier views without, however, expressing any opinion. It must, ...
Rabindra Nath Biswas and ors. Vs. NalIn Chandra Sarkar and ors.
Court: Kolkata
Decided on: Aug-19-1987
Reported in: (1987)0CALLT573(HC),92CWN563
Sukumar Chakravarty, J.1. This second Appeal is directed against the judgment and decree passed by Sri A. N. Sana, learned Additional Subordinate Judge, Nadia, in Title Appeal No. 110 of 1972 reversing those passed by Sri Sukhendu Bikash Dasgupta, learned Munsif, Ranaghat, in Title Suit No. 124 of 1967/132 of 1968 and dismissing the same.2. The plaintiffs filed the aforesaid Title Suit for a declaration that the sale deeds, executed by the plaintiffs in favour of the defendant No. 1 on 5-4-65 in respect of 'ka' and 'kha' schedule properties were sham/benami sale deeds and that the said sale deeds and other subsequent sale deeds executed by the defendant No. 1 in favour of the defendants Nos. 2 to 5 on the basis of the sale deeds dated 5-4-G5 did not affect the plaintiffs' title and interest in any way in the suit properties and for injunction.3. The plaintiffs' case in brief, was that in Chaitra, 1356 B.S. pursuant to an agreement for exchange of the lands with one Asgar Mondal, the pl...
Siba Prosad Bhattacharyya and ors. Vs. Bibhuti Bhusan Bhattacharjee an ...
Court: Kolkata
Decided on: Aug-18-1987
Reported in: AIR1989Cal35,(1988)1CALLT204(HC),92CWN513
Monoranjan Mullick, J. 1. Anil Kumar Sen and S. N. Sanyal, JJ., have referred this revisional application for disposal by Special Bench as the Learned Advocate appearing for stranger purchaser being the defendant No. 1 (a) of the Title Suit No. 131 of 1977 in the Court of the Subordinate Judge, First Court, Alipore, challenges the maintainability of the application under Section 4 of the Partition Act, on the ground that the same is not maintainable inasmuch as the stranger purchaser has neither prayed for partition nor for separate allotment. The Learned Judges have expressed the view that the view expressed in Nitai Das v. Hari Das, ILR (1967) 2 Cal 301 relied upon by the Learned Advocate is contrary to other earlier decisions of the Court. In order to resolve the conflict of the views, the Learned Judges have ordered that the revisional application should be decided by a Larger Bench.2. Following are the facts :The petitioners being three brothers have filed as plaintiffs a suit for...
State Bank of India Vs. Balito Engineering Corporation and ors.
Court: Kolkata
Decided on: Aug-14-1987
Reported in: AIR1988Cal246,[1989]65CompCas670(Cal)
Dipak Kumar Sen, J.1. The present application for condonation of delay is by the State Bank of India which wants to prefer an appeal against an order dated the 25th June 1986. A signed copy of the minutes of the said order was made available to the State Bank of India on an unspecified date. It appears that the said order was considered in various Departments and levels of the State Bank of India and ultimately, the State Bank of India instructed its Advocate on record to file an appeal towards the end of January, 1987. It is stated that Counsel was briefed for drawing up of the memorandum of appeal and an application, towards the beginning of February, 1987. Drafts were prepared and it took sometime to engross the same and make them ready. An application for condonation of the delay in filing the appeal which was affirmed on the 10th June, 1987 was presented in this Court sometime on the 11th June, 1987. Directions were given to the respondents to file their affidavit in opposition wh...
Dulal Krishna Kanjilal Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-11-1987
Reported in: 92CWN592,(1994)IIILLJ283Cal
ORDERG.N. Ray, J.1. This appeal is directed against summary dismissal of the writ petition in C.O. No. 1447(W) of 1987 made by the appellant, Dulal Krishna Kanjilal.2. The application for interim order appeared on 3rd July, 1987 and the direction for filing affidavits was given. Mr. Banerjee, learned Senior Government Advocate has appeared before this court and has submitted that as the writ petition was not made available to the department, proper instructions for drafting the affidavit could not be obtained and as such, the affidavit-in- opposition could not be filed within the specified time. He has, however, produced before us a copy of the letter written by the Deputy Commissioner of India for Bangladesh on 22nd January, 1987 to the Additional Superintendent of Police, Calcutta Airport (Anti Hijacking and Security) containing the signatures' of two persons endorsing the statements made in the said letter of complaint and it appears from the said letter of complaint that the appell...
Swarmal Choudhury Vs. Commercial Tax Officer and ors.
Court: Kolkata
Decided on: Aug-10-1987
Reported in: [1988]71STC404(Cal)
Ajit Kumar Sengupta, J.1. This writ application is directed against the refusal of the Commercial Tax Officer in issuing declaration forms to the petitioner, a registered dealer. The petitioner carries on business in grading and processing of tea. The factory was installed only in the year 1979 at Jalpaiguri with plant and machinery. The production in the said factory started on and from October, 1979 and the first sale within the State of West Bengal out of the production of the said factory took place on 22nd October, 1979. On 22nd December, 1979 the petitioner was granted registration certificate under the Bengal Finance (Sales Tax) Act, 1941. The petitioner applied for eligibility certificate under Rule 3(66) of the (West) Bengal Sales Tax Rules which grants tax holiday to newly set-up industrial unit on fulfilment of certain conditions laid down in the said Rules. According to the petitioner, the petitioner satisfied all the conditions under Rule 3(66) and applied for exemption un...
- ‹ Prev
- 2
- Next ›
- Last »