Kolkata Court July 1990 Judgments
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B.K. Mehra Vs. Life Insurance Corporation of India and Another
Court: Kolkata
Decided on: Jul-05-1990
Reported in: AIR1991Cal256,95CWN394
ORDER1. The petitioner seeks to assail the orders for eviction and other reliefs passed against him by the Estate Officer under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and affirmed on appeal by the Chief Judge, City Civil Court and the main brunt of his attack is that the impugned orders are bad for violation of the rules of Natural Justice. It is not easy to appreciate the significance of the adjective Natural qualifying the word Justice in the expression 'Natural Justice'. I would have thought that unnatural justice is a contradiction in terms. Natural Justice is not something like the Law of Nature or Jus Naturale of the Romans, some sort of a hypothetical law of an ideal nature of the golden age. The principles that go by the name of Rules of Natural Justice are very much the principles of Justice simpliciter which any adjudicatory authority required to administer justice would have to observe, unless such observance is ruled out by expr...
Susanta Kumar Nayak Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Jul-03-1990
Reported in: [1990]185ITR627(Cal)
Susanta Chatterji, J.1. Having heard Dr. Chakraborty for the petitioner and Mr. Moitra for the income-tax authorities, it appears that the petitioner has come to this writ court challenging, inter alia, the impugned order passed by respondent No. 2, Income-tax Appellate Tribunal, Calcutta Bench, copy of which is annexure 'G' to the writ petition. It is agreed by the learned lawyers of both sides that, upon consideration of the points of law, the matter may be disposed of and the question of granting an opportunity to file any affidavit does not arise. Looking at the impugned order, this court finds that the Income-tax Appellate Tribunal, while in seisin of the appeal, has since disposed of a petition filed by the assessee for stay of dues on the ground that the discretionary power vested in the Tribunal should not be exercised unless all the remedies available to the assessee are exhausted. The Tribunal has recorded the submissions of the departmental representative relying upon the de...
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