Kolkata Court July 1990 Judgments
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Metro Exporters Limited and anr. Vs. the Customs, Excise and Gold (Con ...
Court: Kolkata
Decided on: Jul-16-1990
Reported in: 1990(29)ECC30
Susanta Chatterjee, 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 Arnexure 'G' to the writ petition and for an appropriate writ to prohibit the Tribunal to proceed with the Reference Application No. 12 of 1988 by resuming 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/...
Commissioner of Wakfs Vs. Golam Ahmed and Others
Court: Kolkata
Decided on: Jul-13-1990
Reported in: AIR1991Cal24,94CWN1074
ORDERA. M. Bhattacharjee, J.1. In anearlier suit for partition instituted in 1952 between the defendants inter se, decrees for partition, both perliminary and final, were passed on compromise between the parties on the footing that the properties were secular and not Wakf Properties. Another suit by the defendants instituted in 1955 for a declaration that the alleged Deed of Wakf of 1936 in respect of the suit properties was null and void was, however, dismissed for default in 1968.2. The Commissioner of Wakf, the plaintiff-appellant, has now filed this suit mainly for a declaration that the compromise decree for partition passed in the Suit for partition of 1952 is null and void and the suit-properties which were dedicated by way of Wakf could not stand mundanised or otherwise affected by the said decree for partition.3. The trial Court decreed the suit holding that the suit properties being wakf could not thus be disvested of their legal character byany partition-suit between interes...
Shankar Ladia Vs. State of West Bengal and Others
Court: Kolkata
Decided on: Jul-11-1990
Reported in: AIR1991Cal125,95CWN352
ORDER1. It is the case of the writpetitioner who is a resident of 19/1, Camac Street, Calcutta that a notification was issued on 23rd April, 1988 by the Deputy Commissioner, Calcutta Municipal Corporation, whereby it was notified for the information of the Public that the Calcutta Municipal Corporation was pleased to grant fee car parking licence for realisation of car parking fees in respect of the footpath of Camac Street and carriage way of its two adjoining roads, viz. Victoria Terrace and Albert Road in favour of M/s. Fee Car Parking Employees Cooperative Society Ltd. of 3, Sreemanta Dey Lane, Calcutta 12 for a period of two years with effect from the date of notification in the newspapers after closing the portion of the abovementioned Streets/roads under Section 355 of the Calcutta Municipal Corporation Act, 1980. The petitioner has two fold objections to such notification. Firstly it has been contended that the footpath cannot be used as a car parking zone or area. Moreover rat...
Phalguni Dutta Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-11-1990
Reported in: (1990)2CALLT314(HC)
Sunil Kumar Guin, J.1. This revision is directed against the order passed by the learned Judge, Special Court, Midnapore (E.C. Act), hereinafter referred to as Judge, Special Court, on 24.7.87 in D.E.B. G.R, Case No. 8 of 1984 whereby he rejected the petitioner's prayer for quashing the proceeding.2. On 16.3.84 at about 10.25 hrs. one M.M. Chakraborty, Inspector, D.E.B., Midnapore being accompanied by other Police Officers and witnesses inspected the business place and godown of Gangadhar Dutta and others situated at Ghatal, Alamganj when Gangadhar Dutta was not present at the shop, but his son-cam-partner Phalguni Dutta, the present petitioner was conducting the business. On demand he produced tho licence for pulses and edible oil etc. in the name of Gangadhar Dutta and others having endorsed godown at holding No. 31, Ward No. 4 under Ghatal Municipality. The present petitioner also produced the stock books, cash memo books, stock-cum-rate board etc. of the said shop but there was no ...
Somnath De Vs. Sm. Sweta Dey and anr.
Court: Kolkata
Decided on: Jul-11-1990
Reported in: (1993)1CALLT158(HC)
Mukul Gopal Mukherji, J.1. The present appeal has been filed by the husband/appellant impugning a decree of divorce passed against him on the ground of cruelty at the behest of the wife respondent No. 1. The case, inter alia, as sought to be made by the wife respondent No. 1 was to the effect that a girl aged about 17 known as Moni, who was impleaded as respondent No. 2, used to stay in the self same flat where the couple used to live. The husband used to drink occasionally and since she always refused to join him, the husband abused her in filthy language and also beat her mercilessly. The husband also perpretrated different acts of torture on her by giving her cigaratte burns. One Saturday in September 1977 when the wife returned home at about 9 p.m. on account of bet sudden indisposition, she found her husband dead drunk and the respondent No. 2 Moni was standing in the corner of the room almost in a naked state which prima facie suggested that there had been a sexual union in betwe...
Phalguni Datta Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-11-1990
Reported in: 1991CriLJ565
ORDERSunil Kumar Guin, J.1. This revision is directed against the order passed by the learned Judge Special Court, Midnapore (E.C. Act), hereinafter referred to as the Judge, Special Court, on 24-7-87 in D.E.B.G.R. Case No. 8 of 1984 whereby he rejected the petitioner's prayer for quashing the proceeding.2. On 16-3-84 at about 10.25 hrs. one M.M. Chakraborty, Inspector, D.E.B., Midnapore being accompanied by other police officers and witnesses inspected the business place and godown of Gangadhar Dutta and anothers situated at Ghatal, Alamganj when Gangadhar Dutta was not present at the shop, but his son-cum-partner, Phalguni Dutta, the present petitioner was conducting the business. On demand he produced the licence for pulses and edible oil etc. in the name of Gangadhar Dutta and others having endorsed godown at holding No. 31, Ward No. 4 under Ghatal Municipality. The present petitioner also produced the stock books, cash memo books, stock cum rate board etc. of the said shop but the...
Licensed Building Surveyors Association Vs. Calcutta Municipal Corpora ...
Court: Kolkata
Decided on: Jul-10-1990
Reported in: AIR1991Cal247,(1991)1CALLT258(HC)
ORDER1. The Licensed Building Surveyors Association, the petitioner No. 1 is a registered society and the members of the said society are the Licensed Building Surveyors within the erstwhile South Suburban Municipality. The members of the petitioner No. 1 are Building Surveyors by profession. They run the business as such Building Surveyors by drawing building plans and supervising construction work of different buildings of different classes holding requisite licence from the authorities concerned. The petitioners Nos. 2 to 25 are members of the society out of total of 65 members of the said society. At all material times the members of the society had been granted licences as Building Surveyors for the construction, of building under the South Suburban Municipality and they had been engaged in their said business in the area covered under the South Suburban Municipality. By the Calcutta Municipal Corporation (Amendment) Act, 1983 the said South Suburban Municipality along with severa...
K. Ray Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Jul-09-1990
Reported in: (1991)38ITD620(Kol.)
1. These two appeals filed by the assessce are against the common order of the Commissioner of Income-tax (Appeals) dated 14-7-1987 for the assessment years 1981-82 and 1982-83 for which the previous years ended on 31-3-1981 and 31-2-1982 respectively. As common points are involved in these appeals, they are being disposed of by this common order for the sake of convenience.3. The assessment for the assessment year 1981-82 was completed on 30-8-1983 on a total income of Rs. 1,89,320 under Section 143(3) of the Income-tax Act, 1961. In the assessment order the tax payable by the assessee was not determined and shown. However, in the notice of demand under Section 156 of the Act the "gross demand" was determined at Rs. 1,01,303. From the said "gross demand" advance tax paid under Section 210 of the Act at Rs. 1,12,410 was adjusted. Thus, the assessment resulted in a refund of Rs. 11,07,107. No interest under Section 214 of the Act was granted by the Income-tax Officer. The ITO disallowe...
Satpal Tondon Vs. Smt. Jyotsna Ghosh and Others
Court: Kolkata
Decided on: Jul-09-1990
Reported in: AIR1991Cal228,(1990)2CALLT257(HC),1990(2)CHN406,95CWN335
ORDER1. This is an application under Article 227 of the Constitution of India preferred against order No. 4 dated 18-4-90 of the District Judge, Alipore made in Civil Revision Case No. 77 of 1990. The learnedDistrict Judge summarily dismissed the revision. An important question of law arose in the proceeding and the learned District Judge having dismissed the revisional application summarily the petitioner feels aggrieved and invokes the supervisory jurisdiction of the High Court.2. The opposite parties 1,2 and 3 and one Smt. Santi Roy, since deceased, filed Title Suit No. 529 of 1976 in the 3rd Court of the Munsif at Alipore for eviction of the petitioner-tenant on the ground of default in the payment of rent since February, 1976. That suit finally ended in an ex parte decree. The defendant-petitioner filed a Misc. Case No. 63 of 1985 under Order 9, Rule 13, C. P. Code for setting aside the ex parte decree. The petitioner ultimately was refused a special leave to appeal by the Supreme...
Chandra Nath Bhattacharjee Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-09-1990
Reported in: (1991)1CALLT72(HC)
Khwaja Mohammad Yusuf, J.1. The writ petitioner moved this Court against the order of suspension dated 17th March, 1990 issued by the Inspector-General of Police (HQ), West Bengal. The petitioner joined the West Bengal Police in 1961 as Sub-Inspector of Police and was posted at Jadavpur Police Station, then he was transferred to Behala Police Station and again to Jadavpur Police Station. He was the Officer-in-Charge of Dum Dum Air Port Immigration Check-Post and also Officer-in-Charge of Traffic, Alipore, then he was transferred as Officer-in-Charge, Bizpur Police Station, and was again posted at the Intelligence Branch. In 1973 he was promoted to the post of Inspector and was posted as Circle Inspector, Sadar, Midnapore, and then as Inspector, Railway Police, Kharagpur. Thereafter he became Senior Adjutant, Home Guard, Howrah, and then took over the charge of Howrah Police Station in 1982. For his good performance in the service he was given Cash Reward of Rs. 100/-, Paper Reward 45 a...
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