Kolkata Court April 1991 Judgments
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Lakhotia Udyog Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Apr-22-1991
Reported in: 1992(58)ELT385(Cal)
ORDERRuma Pal, J.1. The petitioner's case is that it carries on business of manufacturing brass slabs. The petitioner entered into a contract with a foreign supplier for import of yellow brass scrap 'Honey' (hereinafter referred to as the said scrap) for such business. The foreign supplier shipped 18,938 kgs. of the said scrap which arrived in Calcutta on 12th October, 1990. The petitioner filed a Bill of Entry which was assessed by the Customs Authority to duty amounting to Rs. 4,26,200/-. The petitioner paid the assessed duty. Subsequently the said scrap was examined by the Customs Authorities and it was found that there were several buttons/pieces of snap fasteners lying mixed with the said scrap. The total quantity of the buttons/snap fasteners was found to be 1,211.7 kgs. Upon being asked for an explanation regarding the presence of the buttons/snap fasteners, the petitioner filed a certificate given by the foreign suppliers with the Customs Authorities, under cover of a letter da...
Smt. Usha Ghosh Vs. Rabindra Nath Das and Others
Court: Kolkata
Decided on: Apr-19-1991
Reported in: AIR1993Cal128,95CWN758
ORDERBhagabati Prosad Banerjee, J.1. This is an application for restoration of possession filed by the defendant/appellant before this Court. This second appeal was admitted by this court on 22nd March 1991 and immediately after the admission of the appeal, the application was presented for appropriate order.2. The learned Advocates appearing on behalf of the respondent stated on instruction from the respondent No. 1 who was present in court that the respondents had taken possession of two rooms on the ground floor and one room and one bath room on the 1st floor of premises No. 38, S. N. Banerjee Road,Barrackpore and that the respondent No. 1 was occupying the said premises after executing the decree. Mr. Sakti Nath Mukherjee, learned Counsel appearing on behalf of the appellant submitted that the appellants have been forcibly dispossessed by the bailiff with police help even though there was no order from the executing court for any police help. It was submitted that all goods and bel...
Commissioner of Wealth-tax Vs. Niranjan Kumar Hirjee
Court: Kolkata
Decided on: Apr-19-1991
Reported in: [1993]201ITR183(Cal)
Ajit K. Sengupta, J.1. This reference at the instance of the Commissioner of Wealth-tax under Section 27(3) of the Wealth-tax Act, 1957, relates to the assessment years 1977-78 and 1979-80.2. Shortly stated, the facts are that the assessee was having one-fifth share in a two-storeyed building at 9, Wood Street, Calcutta. The market value for the purpose of wealth-tax was determined by capitalising the annual value at 15 times and, accordingly, one-fifth share was disclosed by the assessee being the market value of his share in 9, Wood Street, Calcutta. The value was roughly shown at Rs. 60,000 in each year though the same had wrongly been mentioned by the Commissioner at Rs. 56,575. This property was sold to M/s. Amar Jyoti Investment Ltd. of P-34, India Exchange Place, Calcutta, on October 31, 1982, for Rs. 45 lakhs. The property represented an area of land measuring 1 bigha 13 chhatak 22 sft. and there was a super-structure on the above land. The assessee was granted a tax clearance ...
Sudhir Barua Vs. Board of Trustees of the Port of Calcutta and anr.
Court: Kolkata
Decided on: Apr-19-1991
Reported in: (1992)1CALLT406(HC)
Khwaja Mohammad Yusuf, J.1. On 5th January, 1958 the writ petitioner was appointed as Watchman under the Commissioners for the Port of Calcutta. It is stated that the said Port Commissioners was an industry within the meaning of Section 2(j) of the Industrial Disputes Act, 1947 and the petitioner was Workman within Section 2(s) of the Act. The provisions of the Calcutta Port Act, 1890 was applicable and under the said Act the establishment was a Major Port and the respondent No. 2 was the appropriate Government. On 12th December, 1967 the petitioner was charge-sheeted on the allegation of submission of false certificate of National Volunteer Force training. A disciplinary proceeding was started and the petitioner was removed from service with effect from 11th February, 1969. He preferred an appeal before the Deputy Chairman of the Port Commissioners and the petitioner was reinstated with effect from 29th April, 1969. The petitioner became an office bearer of the Watchmen Committee to f...
Oriental Fire and Genl. Ins. Co. Ltd. Vs. Nikunja Behari Biswas
Court: Kolkata
Decided on: Apr-19-1991
Reported in: 1993ACJ406
Shamsuddin Ahmad, J.1. This appeal is directed against an award passed by the learned Judge, Motor Accidents Claims Tribunal, Alipore, in Motor Accident Claim Case No. 149 of 1978. The learned Judge disposed of a claim application filed by the petitioner who suffered injuries as a result of motor accident on 10.7.1976. As a result of that accident he has lost substantial capacity to earn. He was engaged in business under the name and style 'Chhanda Trunk House'. The learned advocate appearing for the appellant has submitted that the learned Judge failed to take into consideration the material evidence on record. But on a perusal of. the records, it appears that the learned Judge found that the income of the victim was at the rate of Rs. 300/- per month and he was 47 years of age at the time of the accident. The learned Judge considered 65 years as the normal life span and accordingly applied 15 years' multiplier and from the amount arrived at on calculation he deducted 25 per cent by r...
The West Bengal State Electricity Board and ors. Vs. Kalimata Cold Sto ...
Court: Kolkata
Decided on: Apr-18-1991
Reported in: (1992)1CALLT328(HC)
Ajit Kumar Sengupta, J.1. This appeal by West Bengal State Electricity Board (hereinafter referred to as the Board) is directed against the judgment dated, 5th April, 19901, passed by the learned trial Judge holding that the demand of additional security by the Board was illegal.Shortly stated the facts are that by an agreement entered by and between the Board and the respondent in 1961, the respondent furnished a bank guarantee as and by way of security deposit in the sum of Rs. 9,650/-. Although from time to time the rate of tariff was increased, no fresh security was demanded by the Board from the respondent. By Memo dated, 30th June, 1987, the Senior Accounts Officer of the Board directed the respondent to resubmit the Bank guarantee in the sum of Rs. 80,000/- as against the existing security deposit of Rs. 9,650/- and if such bank guarantee was not furnished by July 15, 1987, the Board would disconnect the line without any reference. The respondent prayed for exemption from paymen...
Sk. Manno Vs. Akhlaque HossaIn and ors.
Court: Kolkata
Decided on: Apr-12-1991
Reported in: (1991)2CALLT257(HC)
Sudhanshu Sekhar Ganguly, J.1. This revisional application has been preferred from the Order No. 19 dated 8.9.90 passed by the learned Assistant District Judge, Sealdah in T.A. No. 102 of 1989.2. It appears that the opposite party filed Title Suit No. 393 of 1985 before the learned Munsif, 1st Court, Sealdah for permanent injunction restraining the present defendant/petitioner from disturbing with his peaceful enjoyment of the disputed property. He claimed to have purchased the said property from the owners thereof with the present petitioner and others as tenants in respect of the structures comprising the disputed property. The defence taken by the petitioner was that his father and after his death he himself held the land of the disputed premises as thika tenant thereof, and that on coming into effect of the Calcutta Thika Tenancy (Acquisition and Requisition) Act, 1981 he became the direct tenant under the State. It appears that the suit was decreed and the present petitioner has f...
Shawkat Kamal Vs. Collector of Customs
Court: Kolkata
Decided on: Apr-12-1991
Reported in: 1992(57)ELT276(Cal)
N.K. Mitra, J.1. The writ petitioner's case as stated inter alia, is that the writ petitioner carries on business as manufacturer of boot and shoe uppers, leathers hand gloves and other leather products at No. 9, Harinbari First Lane, Calcutta - 700 073 under the name and style of Eskay Leather Products as its sole proprietor. The said firm is a registered SSI unit under the Directorate of Cottage and Small Scale Industries, West Bengal and the writ petitioner is also a registered exporter under the Council for Leather Exports as Manufacturer Exporter. For the purposes of the leather goods in the writ petitioner's factory, the petitioner has from time to time to import stamping foil from West Germany. Upon coming to learn that M/s. Winsome Steel Trade of 6A, Clive Row, Calcutta has imported a consignment of one pallet stamping foil from Leohard Cruz Gmbh & Co., West Germany per vessel s.s. Bengal Progress in or about January, 1989 against transferable additional licence being No. P/W/3...
Mabia Bibi and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: Apr-11-1991
Reported in: (1992)1CALLT34(HC),96CWN170
Mukul Gopal Mukherji, J.1. In the present application, for bail several interesting questions of law have been argued by the learned members of the Bar.2. Mr. Milan Kumar Mukherjee, learned Advocate for the petitioner brought to our notice the fact that the arrest of the petitioner was made on 22.2.91 and there was an order of remand till 8.3.91. Even though Mr. Mukherjee contended that the remand was not permissible in the eye of law in view of the fact that 12.4.91 was fixed as the next date, we find that the said date was only for arrival for service return as regards issue of warrant of arrest upon other accused Munja Bibi. Mr. Mukherjee further contended before us that on the expiry of 8th of March, 1991 it was an incumbent duty on the part of the learned Magistrate to have forwarded the accused to the Special Court having jurisdiction, since a remand beyond fifteen days was not permissible in law. It is indeed a fact that after the accused is forwarded to the Special Court having...
Jayanta Kumar Laha Vs. Smt. Kabita Laha
Court: Kolkata
Decided on: Apr-10-1991
Reported in: II(1991)DMC174
Monoranjan Mallick, J.1. This is an appeal against the order dated 22nd March, 1984 passed by additional District Judge third Court, Nadia in matrimonial suit No 21 of 1981, dismissing the plaintiff-appellants suit for divorce under Section 13 of the Hindu Marriage Act.2. The facts may be briefly as follows :-The appellant Jayanta Kumar Laha and respondent Kabita Laha were married on 9.5.76 according to Hindu Rites. The respondent wife, according to the plaintiff appellant, could not adjustherself in the house of her husband and began misbehaving with the appellant husband, his parents and younger brother. The appellant is an employee posted at Himachal Pradesh under Government of India. The respondent while staying at Kalyani in the appellant's parents house went to hero father's house at her own will and without consent of her parents-in-law. The respondent was taken to Himachal Pradesh by the husband in February, 1977 where she became pregnant. But the respondent did not want to be ...
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