Kolkata Court December 1990 Judgments
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Sk. AlauddIn @ Alai Khan Vs. Khadiza Bibi @ Mst. Khodeja Khatun and or ...
Court: Kolkata
Decided on: Dec-05-1990
Reported in: 1991CriLJ2035,I(1992)DMC268
Siba Prasad Rajkhowa, J.1. This revisional application is directed against the order dated 11-1-89 passed by the learned Sub-Divisional Judicial Magistrate, Burdwan in Misc. Case No. 46/87 allowing restoration of the Misc. Case to its original number and setting aside the order dated 26-4-88.2. The proceeding is one under Section 125 of Criminial Procedure Code. On 26-4-88 the petitioner/wife was absent without taking any step and so the learned Magistrate ordered that the Misc. Case be filed. On 30-4-88 the wife filed a petition praying for restoration of the case stating the grounds therein. Having heard both sides, by the impugned order dated 11-1-89, the learned Magistrate allowed the petition and restord the Misc. Case to file and fixed 22-2-89 for hearing.3. The only point for consideration is whether the learned Magistrate has the jurisdiction to restore the proceeding under Section 125, Cr.P.C. to file once it is dismissed for default.4. The learned Counsel for the petitioner h...
In Re: P.N. Associates and anr.; in Re: Indian Airlines and anr.
Court: Kolkata
Decided on: Dec-04-1990
Reported in: (1991)2CALLT233(HC)
Monoranjan Mallick, J.1. All these matters being interconnected have been taken up for hearing together and are disposed of by this common judgment as common questions of law and fact arise in all these 4 cases.2. In all these 4 cases the petitioners have asked for leave to revoke the authority of the Arbitrator, Mr. R. K. Bhatnagar, Respondent No. 2, to act as Sole Arbitrator and for his removal from acting as such Sole Arbitrator and for appointment of any fit and proper person in place and stead of Mr. R. K. Bhatnagar. The facts which give rise to these petitions may be briefly stated as follows :3. In respect of 4 separate contracts for construction of the quarters-in different places, entered into between the petitioner and the respondent, Indian Airlines, Separate Work Orders were issued sometimes in February, 1984. On the allegation by the respondent, Indian Airlines, that the petitioner had committed the breach of contract, the contracts had been rescinded and in the letter res...
Commissioner of Income-tax Vs. Anglo India Jute Mills Co. Ltd.
Court: Kolkata
Decided on: Dec-03-1990
Reported in: [1993]202ITR104(Cal)
Ajit K. Sengupta, J.1. In this reference under Section 256(1) of the Income-tax Act, 1961, for the assessment year 1975-76, the following questions of law have been referred for the opinion of this court :Question referred at the instance of the Revenue : 'Whether, on the facts and in the circumstances of the case and on a proper interpretation of the Income-tax Rules, 1962, the Tribunal was legally justified in holding that extra shift allowance was allowable on generators and other electrical machinery used for the purpose of theassessee's business ?' 2. Question referred at the instance of the assessee :'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in holding that part of the cost of installation of generators being ancillary equipment was not entitled to development rebate on the ground that orders for such equipment were placed after December 1, 1973.'3. Shortly stated, the facts are that the Income-tax Officer did not allow the as...
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