Kolkata Court February 1990 Judgments
Radhashyam Sarma Vs. State of West Bengal and Others
Court: Kolkata
Decided on: Feb-28-1990
Reported in: AIR1991Cal31,94CWN602
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 appellant claims to be a partner of a Firm which carries on business as Commission Agents and Dealers and Exporters of Drugs, Spices, Fruit products etc. The Partnership Firm is the lessee of a godown, which admeasures about 1700 sq. ft. (Carpet Area), situate at 21, Jagat Banerjee Ghat Road, P. S. Shibpur, Howrah.3. The Howrah Improvement Trust which is stated to be the Implementing Authority (Development Scheme) required the land on which the godown is situate for the widening of the approach road of the Second Hooghly Bridge. The land was requisition along with the land of other persons for the said purpose. That gave rise to a previous Writ Petition, C.O. No. 15095(W) of 1986, which was filed by as many as 104 persons and the principal grievance in the said Writ Petition was that the concerned authorities had not provided alternative site as was done in other cases...
Tag this Judgment!Vijaya Bank and Etc. Vs. Art. Trend Exports and Etc.
Court: Kolkata
Decided on: Feb-28-1990
Reported in: AIR1992Cal12,(1990)2CALLT55(HC)
ORDERBimal Chandra Basak,J.1.These appeals are directed against decrees passed in favour of various banks, mostly nationalised banks, in various suits instituted by them for money decree on account of the amount lent and advanced by them and for other reliefs.2. Some important questions of law are raised before us in connection with these suits which also arise in various other proceedings of this nature from time to time. The questions involved relate to (a) the interest for the period prior to the institution of the suit; (b) interim interest, that is, interest from the date of the institution of the suit till the date of the decree; (c) further interest i.e. interest on judgment and (d) instalments to be granted, if any, for payment of the decretal amount.3. Various suits were instituted in this Court by different nationalised Banks for recovery of huge amounts due from their constituents on account of moneys lent and advanced by the Banks. In these cases money decrees were passed. ...
Tag this Judgment!Vijaya Bank Vs. Art. Tend Exports and Peerless Plastics Industries
Court: Kolkata
Decided on: Feb-28-1990
Reported in: [1992]74CompCas304(Cal)
Bimal Chandra Basak, J. 1. These appeals are directed against a decree passed in favour of various banks, mostly nationalised banks, in various suits instituted by them for money decrees on account of amounts lent or advanced by them and for other reliefs.2. Some important questions of law are raised before us in connection with these suits which also arise in various other proceedings of this nature from time to time. The questions involved relate to (a) the interest for the period prior to the institution of the suit ; (b) interim interest, that is, interest from the date of the institution of the suit till the date of the decree ; (c) further interest, i.e., interest on judgment ; and (d) instalments to be granted, if any, for payment of the decretal amount.3. Various suits were instituted in this court by different nationalised banks for recovery of huge amounts due from their constituents on account of moneys lent and/or advanced by the banks. In these cases, money decrees were pa...
Tag this Judgment!Louis Dreyfus and Co. Ltd. Vs. Assistant Commissioner of Commercial Ta ...
Court: Kolkata
Decided on: Feb-28-1990
Reported in: [1990]78STC25(Cal)
A. K. Sengupta, J.1. These three writ applications have been filed by the petitioner, Louis Dreyfus & Co. Ltd., sterling company incorporated under the laws of the United Kingdom which was carrying on business as a registered dealer both under the Bengal Finance (Sales Tax) Act, 1941 (hereinafter to be referred to as 'the Bengal Act'), as also under the Central Sales Tax Act, 1956 (hereinafter to be referred to as 'the CST Act'). Since common questions are involved, all these petitions have been heard together. The judgment and order made herein will govern all these petitions.2. In C. R. No. 11287(W) of 1976, the petitioner has challenged a notice being Memo No. 3741 dated 18th June, 1976, issued by the Assistant Commissioner of Commercial Taxes whereby the said Assistant Commissioner has proposed to pass an order for the year ending 31st December, 1970, to the following effect :'It appears that an amount of Rs. 8,08,869.78 has been wrongly allowed as a claim under Section 5(2)(a)(v) ...
Tag this Judgment!Apurba Kumar Chowdhury and Amir Kumar Ghosh Vs. the District Magistrat ...
Court: Kolkata
Decided on: Feb-27-1990
Reported in: (1990)1CALLT288(HC)
S.K. Mookherjee, J.1. These two writ proceedings are directed against acceptance of tenders for supply of diatary articles with regard to three zones within the District of Burdwan. The terms . of tender have been annexed to the writ applications. Although directions for affidavits had been given in the presence of the learned Advocates for the State on more than one occasion, no affidavit-in-opposition has been filed. Lastly, on behalf of the State respondents, time was prayed for production of the records and such time was granted, in spite of objection from the side of the writ petitioners. No records, however, could be produced due to nonavailability and the said fact was recorded in my order dated 8th of February, 1990. The averments in the writ application, therefore, have remained uncontradicted.2. From the submissions made and the averments made in the writ application, it appears that one of petitioners Apurba Kumar Chowdhury quoted the following rates :Zones All categories Br...
Tag this Judgment!Shyama Chakraborty Vs. Sumita Chakraborty
Court: Kolkata
Decided on: Feb-27-1990
Reported in: II(1990)DMC589
Amal Kumar Chatterjee, J. 1. Short point for determination in this revisional application is whether a proceeding started at the instance of a wife under Section 125, Code of Criminal Procedure claiming maintenance against her husband is maintainable if an order in favour of the wife has been made under Section 24 of the Hindu Marriage Act in a matrimonial suit between the parties whereby the husband has been directed to pay alimony pendente lite at the rate of Rs. 500/- per month to his wife. In the court below the petitioner-husband had raised this contention but as the learned Magistrate has found that the application under Section 125 of Cr. P.C. was still maintainable, the husband has come up in revision.2. The learned advocate for the petitioner has urged that since the opposite party was already getting under order of the Matrimonial Court what the learned Magistrate could award at the maximum, the application under Section 125, Cr. P.C. was incompetent. Section 125, Cr. P.C. co...
Tag this Judgment!Shyama Chakraborty Vs. Smt. Sumita Chakraborty
Court: Kolkata
Decided on: Feb-27-1990
Reported in: (1990)2CALLT120(HC)
Amal Kumar Chatterjee, J.1. Short point for determination in this revisional application is whether a proceeding started at the instance of a wife under Section 125, Code of Criminal Procedure claiming maintenance against her husband is maintainable if an order in favour of the wife has been made under Section 24of the Hindu Marriage Act in a matrimonial suit between the parties whereby the husband has been directed to pay alimony pendente lite at the rate of Rs. 500/- per month to his wife. In the court below the petitioner-husband had raised this contention but as the learned Magistrate has found that the application under Section 125 of Cr. P.C. was still maintainable, the husband has come up in revision.2. The learned advocate for the petitioner has urged that since the opposite party was already getting under order of the Matrimonial Court what the learned Magistrate could award at the maximum, the application under Section 125, Cr. P.C. was incompetent. Section 125, Cr. P.C. conf...
Tag this Judgment!Shaw Wallace and Co. Ltd. Vs. Nepal Food Corporation and anr.
Court: Kolkata
Decided on: Feb-27-1990
Reported in: (1991)1CALLT233(HC)
Bimal Chandra Basak, J.1. This is an application for stay in an appeal preferred against an judgment and order passed by the Trial Court. We shall shortly set out the facts of this case. However, as we are not hearing the appeal on merits at this stage, we shall not go into the facts in details.2. This suit was filed by the plaintiff Nepal Food Corporation a body corporate established under the appropriate laws of Nepal and carrying on business at Kathmandu, Nepal, against one U.P.T. Imports Exports Ltd., a company incorporated under the appropriate laws of Thailand and Shaw Wallace & Company Ltd., an existing company within the meaning of the Companies Act, 1956 (the appellant herein). In this suit, the plaintiff prayed for a decree for Rs. 1,26,3/8,951.06 p : The said suit was filed for recovery of the said amount, inter alia, on the ground that the plaintiff delivered to the defendant No. 1, U.P.T. Imports Exports Ltd., certain quantity of Nepal parabolied rice on board a vessel for...
Tag this Judgment!Bhola Nath Das Vs. State and anr.
Court: Kolkata
Decided on: Feb-24-1990
Reported in: 1991CriLJ1422
Ajit Kumar Sengupta, J.1.This revisional application is directed against the order dated 11th April, 1989 passed by the learned Sessions Judge cancelling the bail of the accused/petitioners granted by the learned Sub-Divisional Judicial Magistrate, Sadar, Midnapore in a proceeding Under Sections 306/ 498-A of the Penal Code.2. Shortly stated, the facts are that the de facto complainant lodged a First Information Report before the Kotwali Police Station on 24th November, 1988 against the accused/ petitioners and their sons and daughters on the allegations that his daughter Bijoli Pali alias Ranu was married to Pradip, son of the accused/petitioners after payment of dowry. But the demand for dowry continued and for this purpose torture was meted out on Bijoli by the accused/petitioners and their sons and daughters as well as the husband of the said Bijoli. The factum of such torture was divulged by her to her friends and others. On the night of 23rd November, 1988, at about 2 p.m. the de...
Tag this Judgment!Commissioner of Income-tax Vs. Hindusthan Motors Ltd.
Court: Kolkata
Decided on: Feb-23-1990
Reported in: [1991]192ITR619(Cal)
Suhas Chandra Sen, J.1. The following questions of law have been referred to this court by the Tribunal under Section 256(1) of the Income-tax Act, 1961 :2. R.A. No. 683 (Cat) of 1984 '1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that royalty and commission payments to various foreign companies were in the nature of revenue expenses and that they should be allowed as business expenditure ? 2. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that the commission and brokerage paid to agents were not in the nature of sales promotion expenses and, therefore, not disallowable under Section 37(3A) of the Income-tax Act, 1961 ?' 3. R. A. No. 684 (Cal) of 1984 :'1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that royalty and commission payments to various foreign companies we...
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