Kolkata Court July 1988 Judgments
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Howrah Stores and anr. Vs. Eighth Industrial Tribunal and ors.
Court: Kolkata
Decided on: Jul-15-1988
Reported in: 93CWN240,[1989(59)FLR142],(1994)IIILLJ285Cal
Ajit Kumar Sengupta, J.1. This appeal is directed against an order passed By the learned Judge of the Court below dismissing the writ application. The appellant petitioner moved the writ application forquashing an order passed by the State Government referring a dispute relating to dismissal of one Bhubaneswar Chowdhury, a workman employed by the appellant-petitioner to the Industrial Tribunal and orderpassed by the Tribunal on 4th June, 1987 rejecting the preliminary issue regarding the maintainability of the said reference.2. The facts shortly stated are that the Third respondent, Bhubaneswar Chowdhury, was employed by the appellant as a Durwan. Chargesheet with an order of suspension pending enquiry had been served upon him on 23rd March, 1982. After the enquiry was held the Third respondent was ultimately found guilty of the charges levelled against him. Agreeing with the finding of the Enquiry Officer the Management decided to dismiss the Third respondent from service. He was acco...
Kali Prosad Mallick Vs. Calcutta Municipal Corporation and ors.
Court: Kolkata
Decided on: Jul-15-1988
Reported in: (1988)2CALLT289(HC)
Bhagabati Prasad Banerjee, J.1. In this writ application an important question of law of public importance was raised and the same is what is the legal effect of a Draft Development Plan under Section 36(i) of the West Bengal Town and Country (Planning and Development) Act, 1979, prepared by the Calcutta Metropolitan Development Authority and whether the Calcutta Metropolitan Development Authority could compel the implementation of the provisions contained in the draft scheme without making it final while sanctioning a building plan under the provisions of the Calcutta Municipal Corporation Act, 1980.2. The facts of this case are that the petitioner is the owner of premises No. 4/A, Wood Street, Calcutta and that in order to construct a new building at the said premises instead of the old building at that site negotiated with the tenants so as to make it feasible to make such new construction after demolition of old structure and after entering into agreement and understanding with the...
Sadananda Sen Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-15-1988
Reported in: (1989)1CALLT76(HC)
K.M. Yusuf, J.1. This Rule is directed against two Orders one, dated 30th September, 1982 issued by the District Compensation Officer, Purulia, superannuating the petitioner on 30th September, 1982 on attaining the age of 60 years and another, dated 31st January/4th February, 1983 rejecting the recommendation of the Additional Deputy Commissioner, Purulia, for the correction of the date of birth of the petitioner issued by the Deputy Secretary, Board of Revenue, Government of West Bengal.2. The petitioner's case, in short, is that he was appointed as Karmachari under the Land Reforms Commissioner, State of Bihar, at Purulia in the district of Manbhum with effect from 7th September. 1948 and thereafter he was appointed as Compensation Mohurrir in Purulia under the Board of Revenue, State of West Bengal, after the reorganisation of States. By a Memo, dated 22nd July, 1980 the Additional Deputy Commissioner of Purulia informed him that he was due to retire with effect from 30th September,...
Shrilal Bajoria and ors. Vs. the State
Court: Kolkata
Decided on: Jul-14-1988
Reported in: (1988)2CALLT436(HC)
J.N. Hore, J.1. This is an application in revision for quashing a proceeding being D.E.B. G.R. Case No. 23 of 1983 under Section 7(1)(ii) of the Essential Commodities Act, 1955 for violation of paragraph 3(1) and 3(2) of the West Bengal Declaration of Stocks and Prices of Essential Commodities Order, 1977 pending before the learned Judge, Special Court, Midnapore.2. The three petitioners are the partners of M/s. Shri Krishna Oil Mill at Tantigaria within Kotawali Police Station, Midnapore. On 27.4.83 some Officers of D.E.B., Midnapore along with police personnel held a raid in the business premises of the said firm at Tantigaria. On physical verification the raiding party found a stock of 185 tins of Vanaspati in the godown of the said firm but the same was not displayed in the stock-cwm-rate Board. The petitioners were prosecuted under Section 7(1)(a)(ii) of the Essential Commodities Act for violation of the provisions of para. 3(2) of the West Bengal Declaration of Stocks and Prices ...
Md. Ishaque Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-14-1988
Reported in: (1989)1CALLT275(HC)
Susanta Chatterji, J.1. The present writ petition has been filed by one Md. Ishaque praying, inter alia, for issuance of a writ of mandamus, commanding the respondents to cancel the impugned Order, dated 10.4.78 passed by the Deputy Commissioner of Police, Special Branch, Calcutta, copy whereof is Annexure 'D' to the writ petition and also Order, dated 22.12.78 passed by the Deputy Secretary, Government of West Bengal, copy where of is Annexure 'E' to the writ petition. By the aforesaid Order, dated 10.4.78 the Deputy Commissioner of Police, Special Branch, Calcutta, in exercise of the powers conferred by Clause C of Sub-section 2 of Section 3 of the Foreigners' Act 1946 (XXXI of 1946) read with Government of India, Ministry of Home Affairs, Notification No. 1/32/61 (XIII S.O. 811), dated 15th March, 1962 ordered that Md. Ishaque, a foreigner, a national of Pakistan, shall not remain in India after the expiry of 30 days from the date of service of the Order on him. By the Order, dated ...
Amalangsu Narayan Acharyya Chowdhury Vs. the Calcutta Municipal Corpn. ...
Court: Kolkata
Decided on: Jul-13-1988
Reported in: (1988)2CALLT325(HC)
Paritosh Kumar Mukherjee, J.1. The present writ petition was moved by the petitioner Amalangsu Narayan Acharyya Chowdhury challenging an Order of revocation of the sanctioned plan passed by the Municipal Commissioner, Corporation of Calcutta on October 1, 1985, communicated by memo., dated November 23, 1985, by the City Architect, which is Annexure 'I' to the writ petition.2. Although the entire text of the Order has not been communicated to the writ petitioner by the City Architect, but the gist of the Order had been communicated, at the hearing Mr. Pradip Kumar Ghosh, learned Advocate appearing for the Corporation, since produced the entire records along with the said Order 'in Original', this Court had given opportunity to Mr. Ghosh to file a supplementary affidavit, incorporating the entire Order, which has been submitted on July 4, 1988, by a supplementary affidavit and accordingly, which forms a part of the affidavit and the pleadings of this case.3. It is the petitioner's case i...
Commissioner of Income-tax Vs. Kashinath Dutta
Court: Kolkata
Decided on: Jul-12-1988
Reported in: [1989]180ITR221(Cal)
A.K. Sengupta, J. 1. At the instance of the Commissioner, West Bengal-IV, the following question of law has been referred to this court under Section 256(2) of the Income-tax Act, 1961 ('the Act'), for the assessment year 1967-68 :'Whether, on the facts and in the circumstances of the case, theTribunal was justified in law in holding that the assessee is entitled toclaim the benefit of intangible additions or additions in respect of unexplained loans made in the assessments of the firms, wherein the assesseeis a partner, to explain the source of cash credits of Rs. 35,601 and in thatview reducing the addition by Rs. 20,000 ?'2. The facts relating to this reference are stated hereinafter.3. In the relevant assessment for the assessment year 1967-68, the total income of the assessee was computed at Rs. 1,21,670 inclusive of Rs. 47,374. He was a partner of five firms, namely, Biswanath Dutta, Biswanath Dutta and Co., Biswanath Cold Storage, Kashinath Cold Storage and Ashutosh Cold Storage...
Commissioner of Income-tax Vs. Hindusthan Aluminium Corporation Ltd.
Court: Kolkata
Decided on: Jul-12-1988
Reported in: (1989)76CTR(Cal)183,[1989]176ITR206(Cal)
Ajit K. Sengupta, J. 1. At the instance of the Commissioner of Income-tax, Central, three questions of law have been referred to this court under Section 256(1) of the Income-tax Act, 1961. For the assessment year 1964-65, two questions have been referred which are as follows : '(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in allowing the assessee's claim for deduction of Rs. 22,878 (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in allowing the assessee's claim for deduction of Rs. 11,162?' 2. The facts relating to the said two questions are that for the assessment year 1964-65, the assessee claimed deduction of Rs. 22,878 in respect of maintenance and running of an accommodation at Renukoot where its aluminium industry is located. The assessee also claimed deduction of Rs. 11,162 in connection with the inauguration of its factory at Renukoot on January 7, 1963. The Income-tax Officer treated the...
Harendra Nath Burman Vs. Sm. Suprova Burman and anr.
Court: Kolkata
Decided on: Jul-11-1988
Reported in: AIR1989Cal120,(1989)1CALLT104(HC),93CWN102
A.M. Bhattacharjee, J. 1. Thematrimonial proceeding under the Special Marriage Act, 1954, giving rise to this appeal, -was initiated by the husband-appellant against the wife-respendent for a declaration that the marriage was a nullity because of the under-age of the appellant and, in the alternative, for dissolution of marriage on the grounds of adultery, cruelty and desertion on the part of the wife. The petition which was thus a composite one under Section 24 as well as Section 27 of the Special Marriage Act has however been dismissed which has led the husband to file this appeal. The learned counsel for the appellant. Mr. Tapan Dutta, who has argued the appeal with singular ability and persistence, has, in his endeavour to assail the order, made a strenuous attempt to do so on an additional ground, namely, that the marriage between the parties having found to have been broken down irretrievably and irreparably ought to have been dissolved by a decree of divorce on that ground also....
Commissioner of Income-tax Vs. I.T.C. Ltd.
Court: Kolkata
Decided on: Jul-11-1988
Reported in: [1989]175ITR186(Cal)
Ajit Kumar Sengupta, J. 1. At the instance of the Commissioner of Income-tax, West Bengal-II, the following question of law has been referred to this court under Section 256(1) of the Income-tax Act, 1961, for the assessment year 1960-61 :'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that depreciation debited in theaccount books in excess of what was allowed in the assessment should also bE Included in the capital computation under the Second Schedule to the Companies (Profits) Surtax Act, 1904 ?'2. This question is concluded by the decision of this court in the case of CIT v. Karam Chand Thapar and Bros. : [1981]131ITR175(Cal) . Following the said decision, we answer this question in the affirmative and in favour of the assessee.3. The other question which has been referred to this court at the instance of the assessee is as follows :'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was ju...
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