Kolkata Court September 1989 Judgments
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Smt. Santana Banerjee Vs. Sachindra Nath Banerjee
Court: Kolkata
Decided on: Sep-28-1989
Reported in: AIR1990Cal367,94CWN769,II(1990)DMC33
ORDERG.N. Ray, J. 1. This appeal is directed against the judgment and decree passed by the learned Additional District Judge, 14th Court at Alipore in Matrimonial Suit No. 14? of 1979. By the aforesaid judgment and decree, the said Matrimonial Suit for decree for divorce prayed for by the applicant respondent husband Sri Sachindra Nath Benerjee against the appellant wife Smt. Santana Banerjee was allowed.2. The case of the applicant husband was, inter alia, that the parties to the suit were Hindus and were married according to the Hindu rites. But from the very beginning of the marriage, the wife failed and neglected to maintain the proper marital relationship between the parties and in the application the applicant husband gave instances of improper behaviour of the wife for which the husband suffered a great mental torture. It was, inter alia, contended by the husband that the wife was over conscious about her family background and social status of her father and grandfather and she ...
Arun Kumar Das Vs. State and ors.
Court: Kolkata
Decided on: Sep-28-1989
Reported in: (1990)1CALLT149(HC),1990(1)CHN81,[1990]68CompCas482(Cal)
A.K. Chatterjee, J.1. The short point raised in this revisional application is whether an offence punishable under Section 630 of the Companies Act, 1956, is a continuing one or not. Material facts which may be necessary for appreciation of the contention raised on behalf of the petitioner are that he was a Deputy Divisional Manager of Bharat Petroleum Corporation Ltd., opposite party No. 2 herein, and he was allotted by the company a flat in the ground floor of premises No. 15, Rowland Road. The petitioner had retired from the service of the company on or about September 1, 1984, but as he did not vacate the flat allotted to him, the said company had filed a complaint before a competent Magistrate sometime in 1986 under Section 630 of the Companies Act. The petitioner contends that the offence, if any, was committed and completed on or about September 1, 1984, and, therefore, the learned Magistrate had committed an error by taking cognizance of the complaint filed in 1986, because the...
Santam Banerjee Vs. Sachindra Nath Banerjee
Court: Kolkata
Decided on: Sep-28-1989
Reported in: II(1990)DMC33a
S.N. Ray, J.1. This appeal is directed against the judgment and decree passed by the learned Additional District Judge, 14th Court at Alipore in Matrimonial Suit No. 147 of 1979. By the aforesaid judgment and decree, the said Matrimonial Suit for decree for divorce prayed for by the applicant respondent husband Sri Sachindra Nath Banerjee against the appellant wife Smt. Santana Banerjee was allowed.2. The case of the applicant husband was, inter alia, that the parties to the suit were Hindus and were married according to the Hindu rites. But from the very beginning of the marriage, the wife failed and neglected to maintain the proper marital relationship between the parties and in the application the applicant husband gave instances of improper behaviour of the wife for which the husband suffered a great mental torture. It was, inter alia, contended by the husband that the wife was over conscious about her family background and social status of her father and grand-father and she indul...
Miss Chitra Das and ors. Vs. University of Calcutta and ors.
Court: Kolkata
Decided on: Sep-28-1989
Reported in: (1990)2CALLT28(HC)
Susanta Chatterji, J.1. The present writ petition has been filed by a number of students of Calcutta University who appeared in the Final LL.B. Examination of the year 1987 praying inter alia for issuance of a Writ of Mandamus commanding the respondents Calcutta University Authority to publish the petitioners' result of the Final Law Examination of the year 1987 (held in 1988) taking cognizance of the Labour Law (Paper V) of the said Examination and the performance of the petitioners in the said paper V and for other consequential reliefs by quashing all steps, orders and directions taken or issued by the University Authority in not publishing and by withholding the results of the Final Examination in Law, 1987 by the petitioners and/Or from taking any steps to debar from appearing in the future examination of the said University. Similar other petitions have been filed. It is asserted that since the right to relief arising out of the same acts or transactions, or a series of the acts ...
Ajit Kumar Doshi Vs. Institute of Company Secretaries of India and ors ...
Court: Kolkata
Decided on: Sep-27-1989
Reported in: (1990)2CALLT114(HC)
Prabir Kumar Majumdar, J.1. The above matters were taken up for hearing together since the subject matter of the dispute is same in all these three matters. The Matter No. 2353 of 1987 (Ajit Kumar Doshi v. Institute Company Secretaries of India and Ors.) was taken up for hearing first and the parties agreed that the order to be made in this matter will also govern the other two matters, I will deal with the first matter.2. The petitioner in this matter is asking for a direction upon the respondents particularly the respondent No. 1 the Institute of Company Secretaries of India to enrol the petitioner as an associate member of the Institute on the basis of the application filed by him. The petitioner has also challenged in this proceeding a letter dated 16th January, 1987 whereby the petitioner's application for enrolment as an Associate Member was rejected.3. The Company Secretaries Act, 1980 came into force on and from January, 1981. By the said Act the Institute of Company Secretarie...
Commissioner of Income Tax Vs. Soorajmul Nagarmull.
Court: Kolkata
Decided on: Sep-27-1989
Reported in: (1992)107CTR(Cal)134
SUHAS CHANDRA SEN, J. :The Tribunal has referred the following questions of law under s. 256(1) of the IT Act, 1961 :'1. Whether, on the facts and in the circumstances of the case and having regard to the provisions of s. 40(b) of the IT Act, 1961, the Tribunal was legally justified in holding that the interest paid by the partner, Shri D. N. Jalan should be adjusted against the interest credited to the said partners benami account standing in the name of Bai Pannas mother ?2. Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in holding that the entire gratuity liability of Rs. 65,21,907, if found correct as per actuarial valuation, was an allowable deduction in computing the total income for the asst. yr. 1972-73 ?'2. In this proceeding the assessment year involved is 1972-73 for which the corresponding accounting period is 2028 R.N.3. The controversy raised in respect of the first question has been set at rest by a circular issued by the C...
industrial Reconstruction Bank of India Vs. Textile Processing Corpora ...
Court: Kolkata
Decided on: Sep-26-1989
Reported in: (1990)1CALLT152(HC)
ORDERIn continuation of the proceedings dated 17.5.89 in respect of the above ease, after hearing the suggestions and objections against the formation of opinion by the Bench regarding the winding up of the aforesaid company at the hearings of the case on 4.5.88, 30.11.88 and 17.5.89, our orders were kept reserved and Shri Amal Datta, M.P. was given time upto the end of May, 1989 to make further submissions, if any.2. Whereas no further submission has been received from Shri Amal Datta, M.P., for revival of the company, Allahabad Bank, UCO Bank and and financial institutions-IDBI, IFCI and IRBI had reiterated the basic commercial non-viability of Textile Processing Corporation of India Ltd. and submitted that they had no objection of the proposed winding up of the company. Formation of workers' co-operative to take over and run TPCI had also not been found feasible. The efforts of the Government of West Bengal to revive TPCI had not been successful. Under the circumstances TPCI have be...
Hari Majhi Vs. the State
Court: Kolkata
Decided on: Sep-26-1989
Reported in: 1990CriLJ650
Ajit Kumar Sengupta, J.1. The appellant/has been convicted and sentenced by Additional Sessions Judge, 2nd Court, Hooghly, to rigorous imprisonment for a period of ten years and to pay a fine of Rs. 6,000/- in default rigorous imprisonment for two years more under Section 376 of the Penal Code. He was also sentenced to suffer rigorous imprisonment for one year for offence under Section 417 of the Penal Code. Both sentences were directed to run consecutively. The case of the prosecution is briefly stated as under:2. The complainant Aloka Majhi (P. W. 1), a young unlettered village girl, and the accused Hari Majhi alias Hari Malik, a young man, were living in the same village Banna under Police Station Dhaniakhali within District Hooghly. At the relevant time Aloka used to do the work of cultivation of her land in a field of her village; she was unmarried and aged about 21 years, The accused also used to work in the same field at. that time. In Jaistha 1387 B.S. (corresponding to May 198...
Commissioner of Income Tax Vs. Kanoria Chemicals and Industries Ltd.
Court: Kolkata
Decided on: Sep-25-1989
Reported in: (1992)106CTR(Cal)314
SUHAS CHANDRA SEN, J. :The following two questions of law have been referred to this Court by the Tribunal under s. 256(1) of the IT Act, 1961 :'(1) Whether, on the facts and in the circumstances of the case, and on a correct reading of the agreement dt. 30th September, 1963 entered into by the assessee with the Government of U.P., and of, in particular, cl. 13 thereof, the Tribunal was justified in law in holding that on the receipt of the bills made out by the U.P. State Electricity Board in respect of the consumption of electricity by the assessee in excess of the allotted quota, the assessee incurred neither any statutory liability nor any otherwise enforceable legal liability ?(2) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the assessee was entitled to the deduction of the sum of Rs. 18,62,580 in the computation of the profits and gains of its business for the asst. yr. 1974-75 ?'2. The year of assessment is the asst....
Sudhansu Sekhar Manna Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-22-1989
Reported in: (1990)1CALLT85(HC)
Dilip Kumar Basu, J.1. In this writ application, petitioner being Headmaster of Neelkantha Prathamik Vidyalaya, in the district of Midnapore has come before this writ court for a direction upon the respondents, particularly respondent President, Ad hoc Committee District School Board, Midnapore, for compliance of the direction dated 18th December, 1987, made in memo No. 4762/1 (3)SC/P by the Director of School Education, which is annexure 'D' to the writ petition.2. Annexure 'D' to the writ petition dated 25th December, 1987, is a prayer for repair/reconstruction of school building damaged by flood. The Director of School Education requested President, District School Board, Midnapore to consider the case.3. The extract of the letter is given herein below :'Sub: Prayer for reconstruction of School Building damaged by flood.In forwarding herewith the original representation of Head-Teacher of Nil Kantha Prathamick Vidyalaya, Midnapore praying for repair/ re-construction of school buildi...
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