Kolkata Court April 1991 Judgments
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Rsi India Pvt. Ltd. Vs. Collector of Customs
Court: Kolkata
Decided on: Apr-10-1991
Reported in: 1992(60)ELT240(Cal)
Ruma Pal, J.1. The facts of this case are not hi dispute. The facts briefly are as follows:On 14th June 1990 the petitioner applied under the Duty Exemption Scheme for an advance licence for Rs. 6,00,90,6257- for import of 16,750 M/T of Pig iron to office of the Joint Chief Controller of Imports and Exports at Calcutta (hereinafter referred to as the Licensing Authority). An undertaking was given that the petitioner would export 15,227.273 M/T of products of the value of at least the value of Rs. 8,52,72,7287-.On 9th October 1990 the petitioner received an Advance Licence No. P/W73259444/C/XX/18/C/90 dt. 9-10-1990 for Rs. 4,64,48,3% (hereinafter referred to as the said Licence) for import of 12,947.288 Metric Tonnes of pig iron (hereinafter referred to as the said goods). Subsequently on 6-12-1990 the licensing Authority enhanced both the quantity and value of the said licence to 16,750 M/T and Rs. 6,00,90,625/- respectively.In the meanwhile on 11th August 1990 the petitioner company e...
Bindeswar Prasad Gupta Vs. Murari Mohan Bhandari
Court: Kolkata
Decided on: Apr-09-1991
Reported in: (1992)1CALLT48(HC)
Monoranjan Mallick, J.1. The F. A. No. 33/90 arises out of the judgment and decree passed in Ejectment Suit No. 400/81 and F.A. No. 34/90 arises out of the judgment and decree passed in Ejectment Suit No. 399/81. Both the ejectment suits have been tried analogously by the Ld. Judge 2nd Bench, City Civil Court at Calcutta and a common judgment dated 7th December, 1988 has been delivered having taken up the hearing of both the suits analogously as the plaintiff in both the suits were same and the defendants were the two different premises tenant in the same premises No. 100A, Serpentine Lane, Calcutta. In Ejectment Suit No. 400/81 the grounds for ejectment are-(1) the plaintiff requires the suit premises for reasonable requirement on re-building the premises, (2) the defendant was guilty of conduct, which was nuisance and annoyance to the plaintiff and neighbours and (3) the defendant was guilty of act of waste or negligence or default resulting in material deterioration of the condition...
Tata Consultancy Service Vs. Collector of Customs
Court: Kolkata
Decided on: Apr-09-1991
Reported in: 1994(54)LC291(Calcutta)
Shyamal Kumar Sen, J.1. The question of law referred to this Court in the instant reference arising under Section 130(3) of the Customs Act is as under:Whether, on the facts and in the circumstances of the case, placing of an Order for supply of 'Word Processor' with the foreign supplies (Tata Inc., New York) does amount to a firm contract?2. The facts inter alia giving rise to the instant reference are that the Petitioner is rendering secretarial services to various Public Limited Companies Firms. It decided to import a 'Word Processor' in the course of its said business. The import of Word Processor was allowed under an Open General Licence in the Import and Export Policy for the period April 1982 to March 1983 (in short 1982-83 policy) Appendix 2 of the 1982-83 policy set out a list of Capital goods which were allowed under open General Licence to actual users (industrial and non-industrial). In sub-Item (19) of Item 12 of the said Appendix 2 the 'Word Processor' is specified. The P...
Smt. Monorama Paul and ors. Vs. Mata Prasad Poddar and anr.
Court: Kolkata
Decided on: Apr-08-1991
Reported in: (1991)2CALLT435(HC)
Monoranjan Mallick, J.1. This is an appeal against the judgment and decree passed by the Judge, 8th Bench, City Civil Court at Calcutta dated 11th October, 1985 dismissing the plaintiffs/appellants' suit for declaration and permanent injunction.2. The facts may be briefly stated as follows :-The plaintiffs are the legal heirs and representatives of one Bonbehari Paul, who was a Refugee from East Pakistan permanently settled at Duttapukur within the District of 24-Parganas. On 5.8.59 Bonbehari took Lease of the suit room in the ground floor of the Premises No. 11/1, Digambar Jain Temple Road, Calcutta by executing a registered Deed of Lease for 21 years in favour of the defendants and their mother Smt. Panbai. In the Deed of Lease there was no provision for enhancement of rent but as demanded by the Lessors and after the inception of the Lease Bonbehari agreed to pay and actually paid Rs. 55/- per month payable according to Hindi Calendar months even though the rent originally fixed was...
M/S. National Hydroeletric Power Corporation Ltd. Vs. M/S. Sova Enterp ...
Court: Kolkata
Decided on: Apr-05-1991
Reported in: AIR1991Cal324
ORDER1. This revisional application, at the instance of the petitioners, National Hydroelectric Power Corporation Ltd. and other principal officers namely, the Chief Project Manager, Senior Manager and the Manager of the said Corporation, is directed against the judgment and order passed by the learned Assistant District Judge, Jalpaiguri in O.C. Suit No. 27 of 1988 on 6th of August, 1990. The facts leading to the revisional application may briefly be stated below:--2. The petitioner, National Hydroelectric Power Corporation Ltd. (Shortly to be called 'Corporation' hereafter) entered into a contract with the opposite party No. 1 at Malda, West Bengal for carrying out certain electrification jobs. Some of the works are to be executed at Malda and some at Salakati District Kokrajhor, Assam. The contract between the parties was reduced to a written agreement. From the allegations and counter-allegations as can be discerned from records, the controversy appears as follows:--The contractor,...
Bindyut Kr. Dutta and ors. Vs. Ramesh Sharma
Court: Kolkata
Decided on: Apr-04-1991
Reported in: (1991)2CALLT301(HC)
Sudhansu Sekhar Ganguly, J.1. The petitioners' case as per their application under Article 227 of the Constitution are the following :-The opposite party/his father are tenants in respect of two tenancies with regard to two different portions of the self-same house under a religious trust of which the trustees are the petitioners No. 1 to 3. Under the terms of two written agreements for the two tenancies the tenants were allowed to use only the municipal taps served by municipal main line via underground and overhead reservoirs. There is a well within the area of the house the water of which has been used all throughout exclusively for the seva puja of the deities of the trust and for no other purpose. The well has all along been under lock and key, the key lying with the priest, the petitioner No. 4.2. On 5.3.91 the petitioner No. 1 received by registered post copies of an application filed by the opposite party before the learned President, Calcutta District Forum, Bhawani Bhavan, Al...
Assistant Commissioner of Vs. Universal Electrics Ltd.
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Apr-03-1991
Reported in: (1991)37ITD518(Kol.)
1. This appeal by the revenue for the assessment year 1984-85 is directed against the order of the CIT (Appeals) dated 16-5-1988. The following grounds of appeal have been raised : 1. On the facts and in the circumstances of the case, Learned CIT (A) erred in holding that the Leave and Licence fee of Rs. 8,25,000 payable to Everlite Pvt. Ltd. is allowable as revenue expenses. 2. On the facts and in the circumstances of the case, Learned CIT(A) erred in deleting the disallowance of Rs. 8,25,000 being leave and licence fee payable to Everlite Pvt. Ltd. 3. On the facts and in the circumstances of the case, Learned CIT(A) erred in directing to allow Investment Allowance on Boring Rigs not used for Investment allowance for the purpose of assessee's business. 4. On the facts and in the circumstances of the case, Learned CIT(A) erred in directing to exclude the expense for hiring registered taxies from the purview of calculation for disallowance under Section 37(3A).2. The first three ground...
M/S. S. Pal and Company Vs. Institute of Public Assistance and Others
Court: Kolkata
Decided on: Apr-03-1991
Reported in: AIR1992Cal321
ORDER1. This is an application u/S. 30 of the Arbitration Act filed by S. Pal & Company, a registered partnership firm praying for setting aside the award dated 9th May, 1988 made by Sri A. Venkataratnam.2. The facts may be briefly stated as follows:The petitioner is one of the leading Organisers of the State Lotteries. It is also the Sole-Selling Agent of quite a number of State Lotteries organised by different State Governments.3. In response to an invitation to tender, published by the first respondent, the petitioner submitted an offer to act as the Sole-selling agent of the Goa Government in organising lotteries on All India basis except in the territory of Goa Daman and Diu. The offer was accepted and an agreement has been entered into between the parties on 15th February, 1985 which was subsequently amended and/or modified by the two addenda dated 1st November, 1985 and 14th February, 1986. Pursuant to the said agreement and the addenda the petitioner had organised lotteries on ...
H.P. Nathani and ors. Vs. Employees State Insurance Corporation
Court: Kolkata
Decided on: Apr-03-1991
Reported in: 96CWN114,[1992(65)FLR288],(1995)IIILLJ85Cal
A.K. Nayak, J.1. This revisional petition under Section 401 read with Section 482, Cr. P. C. is directed against an order dated 3.4.85, passed by learned Chief Judge, City Sessions Court, Calcutta, in criminal appeal No, 34 of 1984 whereby the learned Judge allowed the appeal in part, upholding and confirming the sentence of conviction against two accused petitioners passed by Metropolitan Magistrate, 5th Court, Calcutta, but modifying the amount of fine that was to be paid by the accused-petitioner.2. The complainant-opposite party State Insurance Corporation brought this case against the accused-petitioner Nos. 1 and 2 the Directors, and accused petitioner No. 3 (whose name has been deleted subsequently in this petition) the Manager of the factory, Shiva Glass Works Co. Ltd., as the principal employers, for their failure to submit contribution cards for the period 24.11.79 and 26.1.80, which should have been submitted according to the complainant on or before 5.1.80 and 7.3.80, respe...
Sukhram Singh Alias S.R. Singh Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Apr-03-1991
Reported in: (1991)2CALLT1(HC),95CWN1187
Kalyanmoy Ganguli, J.1. The petitioner challenges in the instant application under Article 226 of the Constitution of India, an order of dismissal dated November 5, 1976 and the order passed by the appellate authority on February 2, 1990.2. It appears that the matter was initially moved on April 19, 1990 and a formal rule was issued on September 6, 1990. It further appears from records that the rule is not yet ready as regards service. But as the contesting respondents have entered appearance and have filed an affidavit in-opposition, service of the rule may be dispensed with and the matter may be treated as ready as regards both service and affidavits.3. The writ petition is not very comprehensive and is rather sketchy and the sequence of events have to be gathered from the petition, the affidavit-in-opposition and the affidavit-in-reply together with the written submissions made by both the parties.4. It appears that on certain allegations of misconduct a charge-sheet was issued agai...
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