Kolkata Court March 1990 Judgments
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Sri Judhisthir Jana Vs. Sri Dhirendra Nath Das
Court: Kolkata
Decided on: Mar-28-1990
Reported in: (1990)2CALLT386(HC)
Ajit Kumar Nayak, J.1. This is an appeal by the tenant-defendant against an order of eviction on the ground of nuisance passed by the Additional District Judge, 5th Court, Alipore, in Title Appeal No. 1074 of 1985 affirming the judgment and decree of Munsif, 2nd Court, Alipore, in Title Suit No. 484 of 1977.2. The plaintiff-landlord instituted this suit against the tenant-defendant in respect of a garage room in premises No. 42/5, Padma Pukur Road, Ballygunge, comprising a monthly tenancy at a rental of Rs. 58.50 according to English Calendar, in which the defendant has been carrying on a sweetmeat shop since 1954. According to the plaintiff, the defendant was a habitual defaulter and failed and neglected to pay rent for the suit premises since September, 1975 and further that the defendant illegally and wrongfully and in contravention of the terms of tenancy installed a big oven in the suit room and kept the same burning for 24. hours, creating pollution by smoke, fume and heat and th...
Dilip Kumar Ghosh Vs. New India Assurance Co. Ltd. and Others
Court: Kolkata
Decided on: Mar-26-1990
Reported in: I(1991)ACC46,AIR1990Cal303
ORDER1. The instant writ petition was moved, inter alia, for issuance of a writ in the nature of Mandamus directing New India Assurance Company the respondent No. 1 to pay the claim of the writ petitioner arising outof the transaction in respect of Policy No. 2312100641 2312100641 (2) dated Septembers, 1981. The writ petition was admitted by Susanta Chatterjee. J. on July 14, 1988 when the petitioner was directed to serve copy of the writ petition upon the respondents within four weeks. Thereafter, hearing of the writ petition was fixed by my order dated December 20, 1988 and the writ petition was heard in presence of the respondents after completion of affidavits.2. The facts of the writ petition are as follows :--Diiip Kumar Ghosh the petitioner herein carries on business under the name and styie of 'Jayer Exports' as sole proprietor thereon having its office and place of business at Village -- Santoshpur, Police Station --Maheshiala District 24-Parganas. The main business of the pet...
Sankarlal Agarwala Vs. the State
Court: Kolkata
Decided on: Mar-26-1990
Reported in: (1990)1CALLT339(HC)
Monoj Kumar Mukherjee, J.1. This application under Section 482 of the Code of Criminal Procedure has been filed by the petitioner to quash the proceeding of C.R. Case No. 116A of 1985 (Forest Case No. 44 of 1985) of the Court of the Sub-Divisional Judicial Magistrate, Alipurduar, which has been initiated against the petitioner and two others on a complaint filed by the Forest Officer of Madarihat Range. The allegations as made in the complaint are as under.2. On receipt of information regarding commission of acts punishable under law and storage of illegally procured forest produce the complainant searched the premises of M/s. V. S. Industries belonging to the petitioner and located in village Uttar Khairbari under police station Madarihat on January 29 and 30, 1985. In course of such search, he seized a large quantity of catechu (khair) timbers and paste. According to the complainant, most of the seized goods were kept concealed in a closed hut inside the said premises. On demand, the...
Dr. Prabir Kumar Ghosh Vs. University of Calcutta and Two Others
Court: Kolkata
Decided on: Mar-23-1990
Reported in: AIR1991Cal173,(1990)2CALLT443(HC)
1. This is a matter where considering the circumstances and the reasons, as noted in my order, dated 9th of March, 1990, I issued an order for provisional admission of the writ petitioner in the M. D. Course in Radio therapy. Immediately after the said order was passed, Mr. Samaresh Banerjee appeared and mentioned the matter upon notice to Mr. Chatterjee informing the court about the circumstances under which he could not represent the University at the time the aforesaid order was passed and prayed for rehearing of the matter. The matter has thus been reheard. For appreciating the impact of an order for provisional admission fully, the sensitive nature of the situation under which such an order is asked for has to be borne in mind. From the standpoint of a student-petitioner, a provisional admission is a boon as it helps him to reduce the chances of loss of benefit due to delayed solution of the dispute raised by him grant of such an order by a Court of law, however, is not a simple p...
Dunlop India Limited (No. 2) Vs. Assistant Commissioner of Income-tax ...
Court: Kolkata
Decided on: Mar-23-1990
Reported in: [1990]183ITR532(Cal)
M.N. Roy, J.1. This application for appropriate interim orders, amongst others, was filed in an appeal : [1990]183ITR528(Cal) (supra), which has been presented against the judgment arid order dated March 9, 1990, whereby a learned single judge of this court rejected the writ petition which was moved against three orders, all dated February 16, 1990, relating to the assessment years 1984-85, 1985-86 and 1986-87 passed by the Assistant Commissioner of Income-tax, Central Circle-XXI, Calcutta, refusing to grant stay of realisation of the demand as disputed for the said assessment years pending disposal of the first appeal.2. The appellant/petitioner (hereinafter referred to as the said 'company') is, admittedly, an existing public company and carries on manufacturing, amongst others, of tyres and tubes and has claimed to be maintaining accounts on the basis of the English calendar year ending on December31 of every year and the method of accounting adopted is the mercantilebasis. It has b...
Harbans Kaur Vs. Ideal Sunrise Properties Limited
Court: Kolkata
Decided on: Mar-23-1990
Reported in: (1990)2CALLT273(HC)
Susanta Chatterji, J.1. The present revisional application under Section 115 of the Code of Civil Procedure challenges order No. 55 dated 28th February, . 1986 and order No. 60 dated 30th April, 1986 passed by the learned Munsif, 4th Court, Howrah in Title Suit No. 28 of 1984.2. By the first order, the learned Munsif has disposed of an application filed by the defendant/petitioner to decide the issue No. (vi). It was contended that after the promulgation of the Calcutta Thika Tenancy (Acquisition & Regulation) Act, 1981, the interest of the superior landlord has vested in the State of West Bengal and the defendant has become a tenant under the State of West Bengal and the Court has got no jurisdiction to try the suit as it has become not maintainable in law and the issue No. (vi) was suggested as to decide the question of jurisdiction of the court to try the case as to whether the defendant is a thika tenant under the plaintiff or not. Learned Munsif having considered the materials on ...
Smt. Satyabala Samanta and Others Vs. Bishnupada Adak and Others
Court: Kolkata
Decided on: Mar-22-1990
Reported in: AIR1991Cal78,95CWN130
ORDER1. The plaintiffs/opposite parties filed Money Suit No. 10 of 1984 in the Additional Court of Munsif for recovery of a sum of Rs. 130/- on account of rent in arrear in respect of the southern room. The defendant is a tenant since Jaistha, 1386 B. S. at a monthly rental of Rs. 10/- payable according to Bengali Calendar month. The suit has been filed to recover rent from Aswin, 1386 B.S. to Aswin, 1387 B,S.2. The defence denies the relationship of landlord and tenant between the parties. The suit land originally belonged to Laxmi Thakurani and Brahma Barwari Committee. Barwari Committee is in possession of the land on behalf of the deity. Barwari Committee raised the structure. The defendant is a tenant in respect of the disputed room at a monthly rental of Rs. 25/- under the Barwari Committee.3. The trial Court decreed the suit and the Additional District Judge, 4th Court, Midnapore confirmed the judgment and decree in Money Appeal No. 4 of 1986.4. Court of appeal finds that there ...
Lloyd Bitumen Products Pvt. Ltd. Vs. Oil and Natural Gas Commission
Court: Kolkata
Decided on: Mar-21-1990
Reported in: (1990)2CALLT245(HC)
J.N. Hore, J.1. This is an appeal by the plaintiff LLoyd Bitumen Products Private Limited against the judgment and decree of dismissal passed by the learned Judge, 3rd Bench, City Civil Court in Commercial Suit No. 428 of 1976.2. Plaintiff instituted the said suit against the defendant Oil and Natural Gas Commission for recovery of central sales tax dues payable by the defendant to the extent of Rs. 23,163.21. The plaintiff's case in short was that during the period between 1970 and 1971 the plaintiff, at the request of and pursuant to the orders in writing dated 23rd April, 1970 and 16th May, 1970 placed by the defendant at the plaintiffs place of business at premises No. 4A, Royd Street, P.S. Park Street, Calcutta sold and delivered to the defendant at Baroda and Ahmedabad from Calcutta diverse quantities of coal tar enamel and coal tar primer of agreed specification and at the agreed rates on terms and conditions that the defendant would submit to the plaintiff within a period of 30...
Commissioner of Income-tax Vs. Dewas Synthetics (P.) Ltd.
Court: Kolkata
Decided on: Mar-20-1990
Reported in: (1990)90CTR(Cal)75,[1991]188ITR16(Cal)
Bhagabati Prasad Banerjee J.1. The Tribunal has referred to this court the following question of law under Section 256(1) of the Income-tax Act, 1961 ('the Act') :'Whether, on the facts and in the circumstances of the case and on a correct interpretation of Section 43(1) of the Income-tax Act, 1961, the Tribunal was right in holding that a sum of Rs. 11,22,102 received by the assessee as subsidy under the 'Central Outright Grant or Subsidy Scheme, 1971,' should not be deducted from the cost of the capital assets mainly plant and machinery and factory building ?'2. The assessment year involved is 1980-81 for which the relevant accounting year ended on June 30, 1979.3. The facts of this case, as is evident from the statement of case, are as follows :'The assessee is a private limited company. It derives income from the business in the manufacture and sale of raw silk fabrics. The assessment year involved in this reference is 1980-81, the relevant previous year was the year ending June 30...
Anil Chandra Nag Vs. Santimay Bose and ors.
Court: Kolkata
Decided on: Mar-20-1990
Reported in: (1990)2CALLT123(HC)
Jyotirindra Nath Hore, J.1. The instant appeal is directed against the judgment and decree dated 10th August, 1977 passed by the learned Additional District Judge, 1st Court at Jalpaiguri in O.C. Appeal No. 48 of 1976 reversing the judgment and decree of dismissal dated 21st June, 1976 passed in O.C. Suit No. 82 of 1971 passed by the learned Munsif, Jalpaiguri.2. Plaintiff/respondents brought the said O.C. Suit No. 82 of 1971 against the appellant/defendant for ejectment. The plaintiff case was that he purchased the suit land by a registered deed dated 27.2.68 and became the owner of the same. The plaintiff's dwelling house is on a portion of the disputed land. A portion of the land was lying vacant. In the early part of 1968, the defendant approached the plaintiff to allow him to occupy the vacant land for the purpose of running a coal depot. The defendant assured the plaintiff that he would vacate the same whenever he demanded. The tenancy agreed upon in respect of the suit land comm...
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