Kolkata Court July 1990 Judgments
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Kalindi Woollen Mills (P) Ltd. and anr. Vs. Union of India (Uoi) and o ...
Court: Kolkata
Decided on: Jul-20-1990
Reported in: (1991)2CALLT75(HC),1991(33)ECC205,1991(53)ELT524(Cal)
Susanta Chatterji, J.1. A good number of writ petitions have been moved in the Original Side of the Constitutional Writ Jurisdiction of this Court challenging a Public Notice bearing No. 122-ITC(PN)/88-91 dated 28th of April, 1989 issued by the Ministry of Commerce, Government of India, New Delhi and an Import Trade Control Order No. 52/88-91 dated 28th of April, 1989 issued by the Ministry of Commerce, Government of India. The present case has been heard by this Bench patiently considering lengthy submissions advanced by the learned counsel appearing for the respective parties. The petitioners Kalindi Woollen Mills (P) Limited, a Company and the petitioner No. 2 being one of its shareholders have come to this Court seeking reliefs by way of issuance of a Writ of Mandamus commanding and directing the respondents to revoke, rescind and cancel the order and/or the Public Notice dated 28th of April, 1989 copy of which is Annexure 'D' to the present writ petition and also the Public Notice...
Bindwala Electrical Industries Vs. Collector of Customs
Court: Kolkata
Decided on: Jul-20-1990
Reported in: 1992(40)ECC404,1993LC205(Calcutta),1991(51)ELT291(Cal)
Bhagabati Prasad Banerjee, J.1. The Court : In the writ application the petitioners inter alia prayed for -a) Writ of and/or order and/or direction in the nature of Mandamus commanding and directing the respondents and each of them, their servants and/or agents to permit the clearance of the said goods, details whereof are contained in annexure 'F' hereof without demanding or recovering from the petitioners any duties of customs thereon and to forthwith withdraw, revoke, recall and/or cancel all purported orders or directions contrary thereto and/or inconsistent therewith and be restrained from giving effect thereto or taking any steps in terms thereof or thereunder and to act in accordance with law.b) A writ of and/or order and/or direction in the nature of Certiorari directing the respondents and each of them, their servants and agents to transmit and/or certify the records relating to the case including all purported orders/decisions passed therein refusing to allow clearance of the...
Bijoy Krishna Ghosal Vs. Namita Ghosal Nee Ganguly
Court: Kolkata
Decided on: Jul-19-1990
Reported in: AIR1991Cal34
ORDERAbani Mohan Sinha, J.1. This revisional application at the instance of the husband is directed against the order of learned Additional District Judge, 14th Court, Alipore passed in Matrimonial Suit No. 12/1983. The wife opposite party filed a Matrimonial suit for divorce in 1983. Along with suit she filed an application under S. 27 of the Hindu Marriage Act for disposal of the property presented to her at or about the time of marriage. She also prayed for an order of permanent alimony under S. 25 of the Act. She was granted permanent alinomy @ Rs. 200/- p.m. The Matrimonial suit was decreed resulting in an order of divorce between the parties. But no order was passed on the petition under S. 27 which was filed at the instance of the opposite party at the time of passing the decree in the Matrimonial suit. Subsequently, after the passing of the decree, the learned Additional District Judge by his order No. 51 dated 6-5-87 took up the application under S. 27 of the Act for considera...
Smt. Dipti Ghosh Vs. Swapan Kumar Ghosh
Court: Kolkata
Decided on: Jul-18-1990
Reported in: AIR1991Cal414,I(1991)DMC135
ORDER1. This revisional application is directed against the order dated 7-3-90 passed by the leacned District Judge, Howrah in Mis. Case No. 132 of 1989. The order impugned involves disposal of an application U/S. 24 of the Hindu Marriage Act for an order of alimony pendente lite in favour of the petitioner wife in Mis. Case No. 132 of 1989 arising out of an application for setting aside an ex parte decree under order 9 rule 13 of the CPC. The learned Judge held that since the Mis. Case under order 9 rule 1,3 of the CPC is pending no remedy U/s. 24 of the Hindu Marriage Act will be available to the wife.According to the learned Judge unless the suit is restored to file there is no scope of passing an order u/s. 24 of the Hindu Marriage Act. In this view of the matter the ld. Judge allowed an application for stay of hearing of the petition u/s. 24 of the Hindu Marriage Act till disposal of the Mis. Case under Or. 9 Rule 13.2. Mr. Chatterjee, ld. Advocate appealing for the petitioner has...
Indian Aluminium Co. Ltd. Vs. Deputy Commissioner of Income-tax and or ...
Court: Kolkata
Decided on: Jul-18-1990
Reported in: [1991]188ITR188(Cal)
Susanta Chatterji, J.1. The present writ petition has been filed praying, inter alia, for' an appropriate writ commanding the respondents to issue refund vouchers for the assessment years 1964-65, 1965-66, 1966-67, 1967-68, 1970-71, 1971-72, 1973-74, 1974-75 and 1976-77 and interest on the said amount of refund and other consequential reliefs on the ground that the respondents have a statutory obligation and the duty to forthwith refund the amount due to the petitioner and to pay the interest and issue necessary refund vouchers in terms of Section 244 of the Income-tax Act, particularly when the respondents themselves have already passed the order under Section 244 of the Act allowing interest on the amount due to the petitioner. The respondents are allegedly acting in contravention of the statutory provisions and such witholding of interest is unwarranted and without jurisdiction.2. Dr. Debi Pal, appearing for the writ-petitioner, has mainly submitted that, for the assessment years in...
Kamla @ Rita Bhattacharjee Vs. Nitya Gopal Bhattacharjee
Court: Kolkata
Decided on: Jul-18-1990
Reported in: 95CWN445,II(1991)DMC517
J.N. Hore, J.1. This is an appeal by the wife against the judgment and decree of divorce dated September 23, 1981 passed by the learned Additional District Judge, 3rd Court, Nadia in Matrimonial Suit No. 68 of 1988.2. Petitioner-husband Nitya Gopal Bhattacharjee instituted the said matrimonial suit against the wife-respondent Kamala alias Rita Bhattacharjee who is appellant before us for dissolution of marriage by a decree of divorce on the grounds of adultery and desertion under Section 13 of the Hindu Marriage Act.3. The petitioner's case was that he married the respondent on 20th Asar, 1973 B.S. corresponding to 19-7-66 according to Hindu rites. The petitioner was a police constable and he was posted at different places like Santipur, Newadeep and Krishnanagar. In 1975 the petitioner was posted at Krishnanagar and took a rented flat for residence at Naluapara. There was another tenant in another room named Sudharani Biswas. During that period the petitioner was acquainted with one P...
Pratap Kumar Roy and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-18-1990
Reported in: (1990)2CALLT322(HC)
Sunil Kumar Guin, J.1. This revision is directed against the order passed by the learned Chief Judicial Magistrate, Nadia on 7.5.87 in Case No. 226-C of 1987 whereby he took cognizance and issued processes against the petitioners and also against the opposite party No. 2 under Sections 500 and 501 of the Indian Penal Code.2. The petitioner No. 1 is the Editor, Printer aind Publisher of the daily newspaper 'Aajkal' having its office at 96, Raja Ram Mohan Sarani, Calcutta-9. The petitioner No. 2 is the Joint Editor of the said newspaper and the petitioner No. 3 is a Private Limited Company having a printing press wherein the said newspaper is alleged to have been printed. On 7.5.87 the opposite party No. 3 as complainant filed a petition of complaint against the petitioners and the opposite party No. 2 alleging that by a publication published on 25.2.87 in the said newspaper under the heading 'Dhul Pariman' and under the heading 'Daftar Bhangchur Korbo' defamed the reputation and the ima...
Anil Kumar Shaw and ors. Vs. Municipal Commissioner, Calcutta Municipa ...
Court: Kolkata
Decided on: Jul-18-1990
Reported in: (1990)1CALLT46(HC)
Paritosh Kumar Mukherjee, J.1. For enforcement of the terms of agreement dated June 7, 1982, and July 1, 1982, entered into by the Corporation of Calcutta and their workmen represented by Falta Water Works and Employees Union of Jalkal Road, 2, No. Gate P.O. Barrackpore, 24-Parganas, which is Annexure 'C' to the present writ petition, has been moved on behalf of some of the employees who are 69 in number, who are all members of the said Union.2. At the time of admission of the writ petition, Mahitosh Majumder, J, of this Court, having admitted the writ petition after dispensing with the requirement of Rule 27 of the Rules issued Civil Order and also granted interim order, thereby, the petitioners were directed to function under the Calcutta Municipal Corporation.3. This writ petition has come up for final hearing in the presence of Mr. Rupcndra Nath Mitra, Mr. Majibar Rahaman and Mr. Debotosh Khan, learned Advocates for the petitioners and Mr. Mihir Kumar Roy, Mr. S. K. Roy, learned Ad...
Metro Exporters Ltd. Vs. Cegat
Court: Kolkata
Decided on: Jul-18-1990
Reported in: 1991(51)ELT316(Cal)
Susanta Chatterji, J.1. A short point has arisen in the present case to consider the scope of Section 128 and Section 130 of the Customs Act as to the power of the Customs, Excise & Gold (Control) Appellate Tribunal to condone the delay in filing the Reference Application. The Metro Exporters Limited, a Company and one of its Directors have come to this writ Court challenging the order dated 30th of March, 1990 being No. 183 (A)/CAL/1990-193(C) passed by Customs, Excise & Gold (Control) Appellate Tribunal, copy of which is Annexure 'G' to the writ petition and for an appropriate writ to prohibit the Tribunal to proceed with Reference Application No. 12 of 1988 by assuming wrongly jurisdiction to entertain the same. It is stated that the respondent No. 1 CEGAT being a Statutory Tribunal created under the Customs Act is circumscribed by the provisions of the Act and/or the Rules framed thereunder and it is to discharge its functions in accordance with the provisions of the Act and/or Rul...
Graphite India Ltd. Vs. Commissioner of Income-tax and ors.
Court: Kolkata
Decided on: Jul-17-1990
Reported in: [1991]188ITR146(Cal)
Susanta Chatterji, J.1. The present writ petition has been filed by Messrs. Graphite India Limited, a public limited company praying, inter alia, for a writ of mandamus commanding the respondents to cancel and/ or withdraw the order passed by respondent No. 1, Commissioner of Income-tax (Central-II), Calcutta, under Section 264 of the Income-tax Act on August, 1989, and also the order passed by the Income-tax Officer, Central Circle-XXV, Calcutta, to the extent that they refused to pay full interest under Section 214 of the Act as also the refusal of the respondents and/or that in action to pay interest under Section 244 of the Income-tax Act for the assessment year 1982-83 and all proceedings thereunder and in pursuance thereof on the ground that the petitioner is entitled under the law to interest on the amount which is refundable to the petitioner after giving effect to the order of the Commissioner of Income-tax (Appeals) and, as such, in view of the decision of the Hon'ble High Co...
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