Kolkata Court October 1988 Judgments
Gopal Ch. Paul Vs. Smt. Amala Mondal
Court: Kolkata
Decided on: Oct-12-1988
Reported in: AIR1990Cal105,93CWN514
ORDER1. This revisional application has been filed by the judgment-debtor/ petitioner, against the decree-holders/opposite parties against the order dated 21st May, 1986 by which the petitioner's application under Section 47 of the Code of Civil Procedure was rejected, in which the judgment-debtor petitioner prayed for dismissal of the execution case on the ground that the judgment and decree passed by the trial Court, which was affirmed by this Court in Second appeal, is a nullity.2. The decree-holders/opposite parties filed suit against the judgment-debtor/petitioner for eviction alleging that by a registered conveyance the decree-holders-plaintiffs purchased the property in question and that the defendant/judgment-deb tor was a monthly tenant-at-will under the predecessor-in-interest of the decree-holders/opposite parties and that the tenancy was governed originally by the provisions of the Calcutta Thika Tenancy Act, 1948, but because of the subsequent amendment in the Calcutta Thi...
Tag this Judgment!Urmila Bala Dasi Vs. Probodh Chandra Ghosh and anr.
Court: Kolkata
Decided on: Oct-12-1988
Reported in: AIR1989Cal283,93CWN306,[1990]184ITR604(Cal)
A.M. Bhattacharjee, J. 1. The decree of the trial court declared the title of the petitioner in respect of the disputed property negativing the contention of the opposite parties that the petitioner and her deceased mother were mere ostensible owners or Benamdars and the petitioner could recover possession of the property in execution of that decree. The decree, was, however, over-turned by the first Appellate Court and its judgment has thereafter been affirmed by this Court in second appeal in Urmila Dasi v. Probodh Chandra Ghosh (since reported in : AIR1986Cal383 , holding that the petitioner and her deceased mother were mere Benamdars of the petitioner's father in respect of the disputed property, which having been duly inherited by his second wife, the opposite party No. 2, could be and was properly conveyed by her to and in favour of the opposite party No. 1. The decree of the trial court in favour of the petitioner having thusbeen reversed in appeal, the opposite party No. 1 appl...
Tag this Judgment!i.T.C. Ltd. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Oct-12-1988
Reported in: 1991(53)ELT234(Cal)
Suhas Chandra Sen, J.1. This case arises out of a show cause notice being F. No. 574/CE/3/87 dated 27th March 1987 issued by the Directorate of Anti-Evasion (Central Excise). A writ petition challenging the aforesaid notice was moved before Bhagawati Prasad Banerjee J. On 18th August, 1987 an interim order was passed by Bhagawati Prasad Banerjee J. to the effect that the respondents were allowed to proceed pursuant to the aforesaid show cause notice. It was further directed that the petitioner would be at liberty to submit their reply to the show cause notice without prejudice to the rights and contentions of the petitioner in the writ petition. The respondents were given liberty to conclude the proceedings and pass a final order on the proceedings. But the respondents were directed not to give any effect to or act upon or communicate the final order to the petitioner without leave of the Court.2. The writ petition came up for hearing before Bhagabati Prasad Banerjee J. On 14th August,...
Tag this Judgment!Dhirendra Ch. Bhowmick Vs. the State
Court: Kolkata
Decided on: Oct-12-1988
Reported in: 1989CriLJ1238
A.K. Chatterjee, J.1. This re visional application is directed against an appellate order being G.A. 56/83 of the Court of Addl. Sessions Judge, Bankura affirming the conviction of the petitioner under Section 7(1)(a)(ii) of the Essential Commodities Act 1955 for contravention of the provision of Clause 7 occurring in Part 11 of the Iron & Steel (Control) Order 1956 (hereinafter referred to as the Order). The prosecution case was that the petitioner had acquired a quantity of iron joist etc. for the purpose of repairing his factory at Bankura but instead of doing so, he had otherwise dealt with it which constituted a contravention of Clause 7 of the Order. The defence, inter alia, was that he did use the goods for the purpose of repairing his factory at Bankura and in any case, Part II of the Order had no application inasmuch as the goods supplied to him were 'off grade' as distinguished from' prime quality' and further the prosecution did not adduce any evidence that he had in fact us...
Tag this Judgment!Tara Properties Pvt. Ltd. Vs. Allied Resins and Chemicals Ltd.
Court: Kolkata
Decided on: Oct-11-1988
Reported in: AIR1989Cal192
K.M. Yusuf, J.1. The appeal and the application for stay are taken up together for hearing. The plaintiff-appellant, M/s. Tara Properties Pvt. Ltd., instituted a Title Suit No. 1583 of 1981 in the City Civil court at Calcutta against the defendant-respondent for a decree of recovery of khas possession of the suit premises and for other reliefs. The fact of the case, in short, is that the appellant by an Indenture of lease dt'. 29th Sept, 1963 granted lease to the respondent in respect of the suit premises at 13, Camac Street, Calcutta, at a monthly rent of Rs. 3,851/-including service charges for a period of 21 years, the said lease was to expire on 31st Dec. 1984. In the meantime the respondent failed to pay the enhanced share of Corporation taxes with effect from 1st April, 1973 in violation of the terms of lease and also defaulted in payment of rents and service charges for the month of June 1980, Oct. 1980 and from Jan 1981 onwards. The plaintiff by its Advocate's letter dt. 21st A...
Tag this Judgment!Birla Cotton Spinning and Weaving Mills Ltd. Vs. Commissioner of Incom ...
Court: Kolkata
Decided on: Oct-11-1988
Reported in: [1993]204ITR605(Cal)
Prabir Kumar Majumdar, J.1. This writ application relates to the assessment of the petitioner under the provisions of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), for the assessment year 1974-75, the relevant previous year being the year ended March 31, 1974.2. On February 5, 1974, the Income-tax Officer issued a notice under Section 209 of the Act requiring the petitioner to pay advance tax amounting to Rs. 3,36,090 on the basis of the petitioner's total income of Rs. 8,29,317 for the assessment year 1973-74. The petitioner duly paid the said sum demanded by the said notice. The petitioner, however, considered that the advance tax payable by it for the said period, i.e., 1974-75, was likely to be much more than the advance tax demanded by the Income-tax Officer by the said notice dated February 5, 1974. On February 21, 1974, the petitioner made an application before the Commissioner of Income-tax, West Bengal-1, Calcutta, inter alia, stating that the petitioner exp...
Tag this Judgment!Anchor Industries and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Oct-11-1988
Reported in: (1989)1CALLT233(HC)
Paritosh Kumar Mukherjee, J.1. The present writ petition was originally moved on behalf of Messrs. Anchor Industries and others on December 12, 1980, challenging, inter alia, the notice contained in Memo No, 2483, dated November 28, 1980 (Annexure 'D' to the original writ petition) issued by the 1st Land Acquisition Collector, Calcutta, for cancelling and/or setting aside the same, whereupon B. C. Basak, J. was pleased to issue a Rule, in terms of prayers (a) and (b) of the writ petition. As regards interim Order, B. C. Basak, J., passed an Order of status quo, as the Office of the Government Pleader, refused to accept service of the copy of the writ petition, as there was no clear 48 hours' notice. The said Rule was made returnable 8 weeks. Thereafter, the matter appeared before R. N. Pyne, J. (as His Lordship then was) on November 25, 1983, when His Lordship directed the matter to go out of the list, with liberty to mention before the appropriate Bench.2. On January 27, 1987, an appl...
Tag this Judgment!The Master Stevedores' Association and Anr. Vs. Calcutta Dock Labour B ...
Court: Kolkata
Decided on: Oct-11-1988
Reported in: (1989)1CALLT346(HC)
Susanta Chattelji, J.1. The present Rule was issued on 13th May, 1988 after the appearance of all the respondents. The Rule is taken up for hearing as agreed by all the parties concerned. The writ petitioners namely the Master Stevedores' Association and the Calcutta Master Stevedores' Association have filed the present writ petition praying inter alia for issuance of a Writ of Mandamus commanding and directing the Respondents and each of them, their servants and agents to forthwith withdraw, revoke, recall and/or cancel the resolutions bearing Nos. 62 and 65, dated September 6, 1985 and September 21, 1985 respectively and the approval granted by the Central Government and for permanent injunction to restrain the Respodents and/or their men and agents from giving effect to or taking any steps in terms of, or pursuant to the said Resolution Nos. 62 and 65 as aforesaid and the letter of approval, dated 21st November, 1985 issued by the Central Government and for other consequential relie...
Tag this Judgment!In Re: Smt. Tarak Bala Dasi (Deceased)
Court: Kolkata
Decided on: Oct-11-1988
Reported in: (1989)1CALLT426(HC),93CWN812
Prabir Kumar Majumdar, J.1. This is an application for probate of the last will and testament of Smt. Tarak Bala Dasi. The petitioner is the sole executrix named in the last, will and testament of the deceased Smt. Tarak Bala Dasi.2. The deceased a Hindu governed by the Dayabhaga School of Hindu Law died on 20th November, 1985 at No. 2, Amrita Lall Bose Street, Calcutta within the local limits of the Ordinary Original Civil Jurisdiction of this Court. The deceased left Will and Testament in Bengali, dated 23rd February, 1978 and the said Will and Testament was registered at the Calcutta Registry Office. By the said Will and Testament the petitioner was appointed by the testatrix as the sole executrix. It is alleged in the petition that the testatrix left the property, within the Ordinary Original Civil Jurisdiction of this Court and the testatrix was also Shebait of the deity of Sree Sree Naru Gopal Jew located at No. 2, Amrita Lall Bose Street, Calcutta which is also situate within th...
Tag this Judgment!Mrs. Dolly Mukherjee Vs. the Trustees of the Indian Museum and anr.
Court: Kolkata
Decided on: Oct-07-1988
Reported in: (1989)1CALLT170(HC)
Monoranjan Mallick, J.1. The petitioner Mrs. Dolly Mukherjee who is Deputy Keeper (Numismatic and Epigraphy) in the Archaeology Section of the Indian Museum since 1979 claims that she has been officiating as Keeper of (Archaeology) since 18th April 1985.2. Being aggrieved by the advertisement for the filling up of the post of Keeper (Archaeology) in the Indian Museum by direct recruitment, the petitioner has moved this writ petition challenging the authority and/or power and/or jurisdiction of the Respondents being The Trustees of the Indian Museum and the Director, Indian Museum to issue such advertisement in asmuch as the statutory rules relating to the appointment of the post of Keeper (Archaeology)-provides for recruitment by promotion failing which by direct recruitment. The petitioner submits that the post of Keeper-(Archaeology) should be filled up by promoting her as she is the Senior most Deputy Keeper in the Archaeology Section and is also officiating as Keeper (Archaeology) ...
Tag this Judgment!- ‹ Prev
- 2
- Next ›
- Last »