Kolkata Court November 1990 Judgments
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Sri Tapas Mukherjee Vs. the University of Calcutta and ors.
Court: Kolkata
Decided on: Nov-14-1990
Reported in: (1991)1CALLT354(HC)
Susanta Chatterji, J.1. It is an unfortunate case indeed. Inspite of all the reasonable opportunities extended to the University Authorities, they have intentionally abused the same and have embarassed the learned Advocates appearing for them. This court granted sufficient time to produce all the relevant papers for effective adjudication. It is not appreciated as to why the University Authorities are not carrying out the orders of the Court and are wilfully and deliberately flouting the Court's order by not producing the records.2. It is submitted by Mrs. Majumdar learned Advocate appearing for the University Authorities that she personally met the concerned officers of the respondent authorities and requested them to produce the records before this Court. :3. The matter was adjourned for several occasions and even when the matter appeared for delivery of judgment and time was granted. It is placed on record that the affidavit in opposition was lost from the file of the learned Advoca...
Voltas Limited and ors. Vs. Hiralal Agarwalla and ors.
Court: Kolkata
Decided on: Nov-13-1990
Reported in: (1991)1CALLT459(HC),[1991]71CompCas273(Cal),1991CriLJ609
Siba Prosad Rajhowa, J.1. By this revision application, the petitioners have challenged the order dated March 1, 1990, passed by the learned Metropolitan Magistrate, 9th Court, Calcutta, in Case No. C/1930 of 1989 under Section 138 of the Negotiable Instruments Act, whereby the learned Magistrate rejected the petition filed by the petitioners praying for dropping the proceeding on the ground of maintainability.2. The facts of the complaint case as disclosed from the copy of the complaint petition dated August 23, 1989, appended to this revision application may be summarised as follows :The opposite party as complainant filed the said complaint case in his capacity as Secretary, Titagarh Steel Limited. The complaint petition goes on to say that accused-petitioner No. 1 is a public company with its registered office at 19, J. N. Heredia Marg., Volkart Building, Ballard Estate, Bombay-36 and its Calcutta office at Gillan-der House, N. S. Road, Calcutta-1. Accused-petitioners Nos. 2, 3 and...
Ramkrishna Rajak Vs. Sagar Kumar Bose
Court: Kolkata
Decided on: Nov-13-1990
Reported in: (1991)1CALLT347(HC)
Sunil Kumar Guin, J.1. The plaintiff, Sagar Kumar Bose filed a suit being Title Suit No. 118 of 1983 in the 3rd Court of Munsif at Sealdah for eviction of the licensee from the suit property i.e. B schedule property and for permanent injunction in respect of A schedule property of which B schedule property is a part. His allegation was that the defendant Ramkrishna Rajak was a licensee under him in respect of B schedule property, that as he created annoyance, the licence had been revoked asking him to vacate the suit property and that as he did not vacate, the instant suit was filed for the aforesaid reliefs.2. The defendant Ramkrishna Rajak contested the suit by filing a written statement. His defence was that Jayanta Kumar Mukherjee inducted him as a tenant to the suit property at a rental of Rs. 25/- per month payable according to English calendar month from January 1963 and that Jayanta Mukherjee subsequently directed him to pay rent to the plaintiff.3. The plaintiff examined 3 wit...
Pepper (inspector of Taxes) Vs. Hart and Others.
Court: Kolkata
Decided on: Nov-13-1990
Reported in: [1991]191ITR195(Cal)
13 November. The following judgments were handed down.NICHOLLS L.J. This case concerns fringe benefits, as they are sometimes called, or more colloquially, 'perks'. Malvern College is a well-known independent school for boys. It was established in the middle of the last century, and was incorporated by Royal Charter in 1929. For some year, and in common with what happens in may other independent schools, masters at the school have not been charged the ordinary, full fees for the education of their sons at the school. To be admitted to the school sons of staff have to satisfy the same educational requirements as all the other boys, but at the discretion of the council of the school, staff of the school, including the bursar, are required to pay only a part, currently one-fifth, of the normal day boy or boarding fees. This concession made because the school council is concerned that otherwise staff may be lost to competing schools which operate such a concession. With school fees as high...
M/S. Everest Rubber Company Vs. M/S. Rateria Textiles
Court: Kolkata
Decided on: Nov-12-1990
Reported in: AIR1991Cal175
ORDERS.S. Ganguly, J.1. This is an appeal from the judgment and decree passed by the learned Assistant District Judge, Siliguri in Money Suit No. 36 of 1981.2. It appears that the appellant lent certain amounts of money from the respondent, the details of which may be given as below:Sl. No.DateAmount1.9-9-77Rs. 50,0002.20-11-77Rs. 30,0003.29-11-77Rs. 20,0004.13-10-79Rs. 30,0005.31-12-79Rs. 21,0003. The appellant admits the borrowing of above amounts on the dates mentioned above and it further admits that it agrees to pay interest 18% p.a. While admitting liability for the first, fourth and fifth loans the defendant denies liability on account of the second and third loans on the plea that this became barred by limitation. Hence, the suit was filed. The learned Trial Judge overruled the defendant's plea and decreed the suit in toto as prayed for. Hence, this appeal.4. It is urged before us that the learned Judge ought to have considered the second and third loans as separate transaction...
Sk. Golap and Others Vs. Bhuban Chandra Panda and Others
Court: Kolkata
Decided on: Nov-12-1990
Reported in: AIR1991Cal295,95CWN100
ORDERP.D. Desai, C.J.1. The appeal is taken up for hearing by treating it as included in the day's cause list.2. The respondents Nos. 1 to 4(a) are the original Writ Petitioners. The writ Petition, being Civil Order No, 10849(W) of 1987, was instituted by them challenging the proceedings under the West Bengal Land Reforms Act, 1955 (hereinafter referred to as 'the said Act'), which culminated into an order recording the names of the appellants as Bargadars and the consequential issue of 'Barga Certificates' in their favour in respect of the land owned by the Writ Petitioners. The writ petition was heard and allowed by the learned single Judge who, by his judgment and order dt. Dec. 12, 1989, set aside the impugned order recording the names of the appellants as Bargadars and also quashed the 'Barga Certificates'; if any, issued pursuant to such order. It was clarified, however, that the respondent authorities were not thereby prevented from recording the names of Bargadars, if any, 'on ...
Commissioner of Income-tax Vs. Official Receiver of the High Court (In ...
Court: Kolkata
Decided on: Nov-12-1990
Reported in: [1993]203ITR233(Cal)
Ajit K. Sengupta, J.1. In this reference under Section 256(2) of the Income-tax Act, 1961, at the instance of the Revenue, the Tribunal has referred the following question for the opinion of this court for the assessment year 1964-65 :'Whether, on the facts and in the circumstances of the case, and on a correct interpretation of the Explanation to Section 271(1)(c) of the Income-tax Act, 1961, the Tribunal was justified in cancelling the order of penalty made by the Inspecting Assistant Commissioner ?'Shortly stated, the facts are that the assessee filed a return of its total income for the said year on January 7, 1965, declaring an assessable income of Rs. 1,07,703. The Income-tax Officer completed the assessment of theassessee for the said year on a total income of Rs. 2,42,371. In making the said assessment, the Income-tax Officer made, inter alia, an addition of Rs. 60,000 to the business income by rejecting the trading results of Vizianagaram and Barbin Branches. The Income-tax Of...
Sm. Mira Bagchi (Chowdhury) and anr. Vs. Shri Gobinda Chandra Pal and ...
Court: Kolkata
Decided on: Nov-12-1990
Reported in: (1991)2CALLT178(HC),95CWN790
Anandamoy Bhattacharjee, J.1. The notification being No. 255-Edn(a)/18-2/86 dated 9th April, 1986 of the Education Department, Government of West Bengal was assailed by the writ petitioner in the court below with success and the learned Judge has struck down the said notification. After hearing the learned Counsel for the parties we are however satisfied, and this we say with due respect to the learned trial Judge, that the judgment of the learned trial Judge was erroneous. The impugned notification dated 9th April, 1986 from the Deputy Secretary to the Government of West Bengal to the Director of Public Instruction relates to 'the determination of seniority of the typists of Education Directorate who were employed in Government service before attaining 18 (eighteen) years of age' and it was notified, in consultation with the Finance Department, Government of West Bengal that seniority of an employee cannot be affected on the ground that he/she was a minor at the time of appointment'.2...
Union of India (Uoi) Vs. T.K. Choudhury and Bros. and Co.
Court: Kolkata
Decided on: Nov-09-1990
Reported in: (1991)1CALLT416(HC)
Monoranjan Mallick, J.1. The petitioner, Union of India represented by the General Manager, Eastern Railway, has filed this application under Section 30 read with Section 33 of the Arbitration Act for setting aside the award made and published by the respondent Nos. 2 and 3 dated 16th May 1981.2. The facts are briefly as follows :-The Respondent No. 1 was entrusted with the construction work under the petitioner on accepting the tender submitted by the Respondent No. 1 through the Deputy Chief Engineer (Construction) on or about April 14, 1978. The construction was in respect of earth work in embankment, extension of bridges, cabins etc. for third line work between Dankuni and Chandanpur Section-VIII. It is stipulated therein amongst others that the work should be completed within 12 months from the date of issue of the same i.e. by April 13, 1979.3. After the acceptance of tender there was a formal agreement by and between the parties on or about 28th January 1978. The Respondent No. ...
Commissioner of Income Tax Vs. A. Tosh and Sons (P) Ltd.
Court: Kolkata
Decided on: Nov-09-1990
Reported in: (1992)107CTR(Cal)233
AJIT K. SENGUPTA, J. :In this reference under s. 256(1) of the IT Act, 1961 for the asst. yrs. 1979-80 to 1982-83 the following questions of law have been referred to this Court.R.A. No. 5 (Cal) of 1988'(1) Whether, on the facts and in the circumstances of the cases, the Appellate Tribunal was correct in law in holding that the interest on the fixed deposits amounting to Rs. 6,07,688 was not assessable as income of the assessee ?(2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in law in holding that the amount of Rs. 9,52,927 being the sum credited in the Profit & Loss Account could not be included in the total income of the assessee under s. 41(1) of the IT Act, 1961 ?'R.A. No. 6(Cal) of 1988'(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in law in holding that the interest on fixed deposits amounting to Rs. 6,31,842 was not assessable as income of the assessee ?(2) Whether, on the fa...
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