Kolkata Court May 1990 Judgments
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Debu Bhattacharjee Vs. Calcutta Municipal Corporation and Others
Court: Kolkata
Decided on: May-18-1990
Reported in: AIR1990Cal390,(1991)1CALLT140(HC)
ORDER1. The case of the writ petitioner, in short, is that originally he was allotted Stall No. D(N)-13/1 covering about 4 sq. ft. of area in S. S. Hogg Market of the Calcutta Municipal Corporation. On representation the area was extended to 8 sq. ft., making the total of 12 sq. ft., and subsequently on further representation the remaining 47.69 sq. ft. of Stall No. D(N)-13 was allotted to the petitioner which included the entire Stall Nos. D(N)-13, 1 and D(N)-12 making a total area of 59.69 sq. ft. in two Stalls and the petitioner was allowed to carry on his business there. In or about December, 1985 a devastating fire occurred in the said S. S. Hogg Market destroying, greater part of Block D where your petitioner was carrying on his business. In January, 1986 the respondents published in the Calcutta Municipal Gazette their decision of rehabilitation of the owners of the Stalls which is produced in paragraph 4 of the petition. Pursuant to the said decision the petitioner was allotted...
KelvIn Jute Co. Ltd. and anr. Vs. Appropriate Authority and ors.
Court: Kolkata
Decided on: May-18-1990
Reported in: (1991)1CALLT385(HC),1990(2)CHN385,[1990]185ITR453(Cal)
Susanta Chatterji, J.1. The present writ petition has been filed by the Kelvin Jute Company Limited, a public limited company, and one of its shareholders challenging the orders issued by the appropriate authority constituted under Section 269UD of the Income-tax Act dated November 25, 1988, and May 2, 1989, and to refrain from giving any effect to or taking any steps in terms thereof or thereunder and to issue to the petitioners no objection certificate in respect of the transfer of the land. It is stated that the petitioner No. 1 company is the owner of the land situated at No. 3, Burdwan Road, Calcutta, containing an area of 19 cottahs, 13 chittacks and 5 sq. ft. and, on the said premises, there are several buildings, dwelling houses, tenements, tiled roof structures and shops which have been let out to several monthly tenants and the remaining portion of the said premises has been mortgaged by the company with the State Bank of India for securing loans and advances for the purposes...
Janardhan Show Vs. the State
Court: Kolkata
Decided on: May-18-1990
Reported in: 1990CriLJ2449
A.M. Bhattacharjee, J. 1. I agree with the order proposed by my learned brother Nandi, J. in his judgment following hereafter and the revision would accordingly succeed and the revisionist is to be acquitted in accordance with the said order. But I would have to state a few words lest some observations made in the judgment of Nandi, J. are taken too broadly.2. Under Section 3 of the Railway Property (Unlawful Possession) Act, 1966, the possession of any railway property is made punishable as an offence if-- (a) the property is 'reasonably suspected of having been stolen or unlawfully obtained' and (b) the possessor cannot prove 'that the railway property came to his possession lawfully'.3. 'Possession', an expression which has caused many headaches to the Jurists and Judges throughout the ages, is a word of such protean, varied and almost versatile significance that to look for a comprehensive definition thereof to fit in with, any and every piece of legislation is to be asking for the...
inland Revenue Commissioners Vs. Aken.
Court: Kolkata
Decided on: May-18-1990
Reported in: [1991]189ITR633(Cal)
Fox L. J. - This is an appeal by the taxpayer. Marion Aken, from a decision of Mr. Piers Ashworthy Q. C., sitting as a deputy judge of the Queens Bench Division, whereby he ordered summary judgment under Order 14 for payment to the Inland Revenue Commissioners of the sum of Pounds 58,000-odd in respect of income tax and interest thereon.For some years until 1983 the taxpayer was a prostitute; her earnings from prostitution were substantial and they came to the attention of the revenue in about 1980, partly in consequence of a television programme in which she appeared and spoke of her earnings. The years of assessment with which we BBX are concerned are as follows :Years of AssessmentDisposal1973-74, 1975-76, 1976-77Appealed against and determined by 1977-78, 1978-79 written agreement by an exchange of 1979-80 and 1981-82 between the inspector and the letters taxpayers accountants under section 54 of Taxes Management Act, 1970.1982-83Appeal pending. Claim is for non-postponed tax agree...
Shri Deb Kumar Chatterjee Vs. Smt. Helena Ghosh and ors.
Court: Kolkata
Decided on: May-17-1990
Reported in: (1990)2CALLT354(HC),95CWN274
Jyotirindra Nath Hore, J.1. This is an appeal by the tenant/defendant against the judgment and decree for ejectment passed by the learned Judge, City Civil Court, 10th Bench, Calcutta in ejectment Suit No. 827 of 1974.2. The plaintiff/respondent brought the said suit against the appellant/ defendant for ejectment from the suit premises on the ground that the defendant caused damage to the suit building in violation of provisions of Clause (m) of Section 108 of Transfer of Property Act, 1882 inter alia on the allegations that by an agreement in writing dated 1.2.56 entered into between the plaintiff No. 1 and the defendant, the defendant was inducted as a monthly tenant under the plaintiff in respect of one big hall on the ground floor of premises no- 14, Ramanath Majumder Street, Calcutta-9 at a monthly rental of Rs. 55/- payable according to English calendar month. By another agreement in writing dated 15.5.71 entered into between the plaintiff and the defendant, the rent of the dispu...
Sri Sankar Majumdar Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: May-17-1990
Reported in: (1991)1CALLT332(HC)
Monoranjan Mallick, J.1. The petitioner who is Sub-Inspector of Police attached to the District of Howrah has moved this Court against the order of suspension being D.O.D. No. 109 dated 21.3.1990 issued by the then Superintendent of Police, Howrah being annexure 'H' to the writ petition.2. He challenges the same as malafide, arbitrary and issued by way of punishment in violation of Regulation 880 of Police Regulation of Bengal.3. He alleges the following facts in support of his above submission.- Sri S. Mukhopadhyay, the then Superintendent of Police transferred him from the Howrah Police lines to take charge as Officer-in-charge of Amta Police Station by his order dated 30th January 1990 and he joined his post on 2nd February 1990. He received complaint from the Zonal Secretary of CPI(M) Chandrapur village, a mass petition, on 3rd March 1990 complaining about various anti-social and illegal activities of Sk. Ashgar Ali, the Prodhan of Chandrapur Gram Panchayat and his associates reque...
Saurastra Agencies Pvt. Ltd. Vs. Union of India (Uoi) and anr.
Court: Kolkata
Decided on: May-16-1990
Reported in: [1990]186ITR634(Cal)
Susanta Chatterjee, J. 1. The present writ petition has been filed by Messrs Saurastra Agencies (P.) Ltd. impleading the Union of India through the Secretary, Ministry of Finance, and the Commissioner of Income-tax praying, inter alia, for issuance of a writ of mandamus commanding the respondents, their men and agents to recall and/or rescind the order dated October 31, 1989, passed by the Commissioner of Income-tax, West Bengal-II, under Section 220(2A) of the Income-tax Act and further commanding the Commissioner to rehear the application after giving sufficient and adequate opportunity of adducing records in respect of such application on the ground that the exercise of the power by the Commissioner of Income-tax under Section 220(2A) of the said Act is a quasi-judicial exercise of power and, as such, the Commissioner of Income-tax acted without jurisdiction in not exercising his jurisdiction in accordance with the provisions thereof.2. It appears from the order dated October 31, 19...
Commissioner of Income Tax Vs. Titaghar Paper Mills Co. Ltd.
Court: Kolkata
Decided on: May-16-1990
Reported in: (1991)97CTR(Cal)200
SUHAS CHANDRA SEN, J. :The Tribunal has referred the following questions of law under s. 256(1) of the IT Act, 1961 to this Court :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified to hold that the mistakes were obvious and patent mistakes apparent from the records, which could be rectified under s. 154 ?(2) Whether, on the facts and in the circumstances of the case, the Tribunal erred in law in their decision to direct the ITO to consider in disposing of a petition under s. 154 the assessability or otherwise of the amounts, which have been recorded in the accounts by way of tax credit certificate ?(3) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in setting aside the orders of the ITOs and the AAC ?'2. In this proceeding the assessment years involved are 1966-67 to 1970-71 for which the relevant years of accounts are ending on 31st March 1966, 31st March, 1967, 31st March, 1968, 31st March, 1969, 31st M...
Ashim Ranjan Poddar Vs. Smt. Anusree Poddar
Court: Kolkata
Decided on: May-15-1990
Reported in: 95CWN235,II(1991)DMC441
S.S. Ganguly, J.1. This is an appeal from the judgment and decree of dismissal passed by the Id. Additional District Judge, 4th Court, Alipore in Matrimonial Suit No. 78 of 1984. That suit was instituted by the husband-appellant against the wife-respondent for a decree of divorce under Section 13 of the Hindu Marriage Act, 1955.2. Admittedly the parties were married according to Hindu Rites and Customs on 10.2.77. They lived together at the residence of the family of the appellant at Baguihati till 12.9.79. The appellant was an employee of the Indian Navy. During most of (this time he was away from home.3. The appellant's case seems to be the following ;-3a. The financial condition of the father of the respondent was not at all good and he was constantly in want of money. Her father's people wanted that the appellant should given up hit job with the Indian Navy and start business jointly with the husband of one of the sisters of the respondent and take up his residence at their house a...
Mohini Mohan Sen Vs. Jyotsna Nag and anr.
Court: Kolkata
Decided on: May-15-1990
Reported in: I(1991)ACC470,1991ACJ1089
Abani Mohan Sinha, J.1. This revisional application under Article 227 of the Constitution is directed against the judgment and order passed by Mr. B.B. Chatterjee, the learned Additional District Judge presiding over Motor Accidents Claims Tribunal, Midnapore, in MAC. Case No. 172 of 1989.2. On 11.3.1989 one Gopal Chandra Nag, the husband of the claimant, while waiting for boarding the bus was dashed by the offending bus No. 3994 which was coming at the relevant time at a high speed and was severely injured. He was admitted to Midnapore Sadar Hospital and later referred to S.S.K.M. Hospital, Calcutta and on his way to this hospital, he died. The claimant filed an application under Section 92-A along with her main claim for an ad hoc payment of Rs. 15,000/- as compensation allowable under Section 92-A of the Motor Vehicles Act. The learned Judge allowed such application and directed the owner of the vehicle alone to pay the amount to the claimant to the exclusion of the insurance compan...
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