Kolkata Court July 1991 Judgments
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Smt. Ira Ghosh and anr. Vs. the State
Court: Kolkata
Decided on: Jul-22-1991
Reported in: 1992CriLJ972
L.M. Ghosh, J.1. Renuka Ghosh, wife of Smriti Kumar Ghosh, of 511, Rabindra Sarani, Calcutta, died of burn injuries. She caught fire at about 9 p.m. on 27-9-83. She died in the hospital, R.G. Kar Hospital, on 28-9-83 at about 5-20 a.m. The appellant No. 1, Ira Ghosh, is the wife of the elder brother of the appellant No. 2. Both were charged under Section 302/34 of the IPC for causing the death of Renuka by pouring kerosene oil on her body and clothes and by setting fire, which ultimately caused the death of the victim.2. It is said that when it was noticed by the neighbours that Renuka was engulfed in fire, some of them went there and extinguished the fire. Tapan Pal, one such neighbour, went inside the room along with Babu Lal Shaw. He found that a female was burning and another person was trying to extinguish the fire. Tapan Pal took-over a quilt from the hand of the other person and extinguished the fire by covering the victim with that quilt. He brought her out in his arms and put ...
Manick Lal Pathak Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-19-1991
Reported in: (1991)2CALLT360(HC)
Samir Kumar Mookherjee, J.1. The writ petitioner in the present writ application joined as a Forest Ranger in the year 1965. The next higher promotional post is that of extra Assistant Conservator of forest. The petitioner was confirmed in the said post of Forest Ranger in the year 1967. The writ petition had been initiated in the year 1988 with the grievance that for no just ground he had been kept deprived of promotion as also of the Selection Grade and had been superseded by the private respondents since the year 1976 by which time he has acquired eligibility for promotion as also for being granted the Selection Grade along with others. During the pendency of the writ application, however, the petitioner had been given promotion with effect from 12th of August, 1988. The relief, therefore, which the petitioner now claims is that his promotion to the West Bengal Forest Service, which had been constituted in the meantime, should be ante-dated so that he gets all the benefits attached ...
Travel Corporation of (India Pvt. Ltd.) Vs. Union of India (Uoi) and o ...
Court: Kolkata
Decided on: Jul-19-1991
Reported in: (1992)2CALLT397(HC)
Susanta Chatterji, J.1. The present writ petition has been filed by Travel Corporation of (India) Private Limited, the owner of Andaman Beach Resort at Corbyn's Cove, Port Blair, Andamans praying for a Writ of Mandamus to quash, rescind and cancel the orders dated 15th of April, 1988 of Sub-Divisional Officer of Port Blair, Andaman passed in R.C. Case No. 5 of 1988, in Revenue Appeal No. 59. of 1988 and for consequential reliefs as fully stated in the writ petition itself. It is stated in details that the petitioner Company is engaged in the business of Travel Trade, Hotel Operation and the expansion of Tourist Traffic in India by establishing Tourist Resorts in different parts of India. The petitioner constructed a spacious beach resort and it has been running a hotel at under the name and style of 'Corbyn's Cove'. For the purpose of expansion of the said Tourist Resort, the petitioner is alleged to have applied to the Sub-Divisional Officer, Port Blair, Andamans for necessary permiss...
Jagat Narayan Singh Vs. Rabinder Mohan Bhandari and Others
Court: Kolkata
Decided on: Jul-18-1991
Reported in: AIR1992Cal216,96CWN227
ORDERBhagabati Prosad Banerjee, J.1. This is an application for stay of the operation of the judgment and decree passed by the Court below in Title Suits Nos. 593 of 1976 and 1725 of 1978 passed by the Chief Judge, City Civil Court, Calcutta dated 12th June, 1989, whereby Title Suit No. 593 of . 1976 was decreed and the Title Suit No. 1725 of 1978 was dismissed with costs. By the saidjudgment and decree the plaintiffs/respondents were to get recovery of the suit premises by evicting the defendant/appellant and the defendant was directed to deliver vacant possession within one year from the said date. The Title Suit No. 593 of 1976 was filed by the plaintiffs/opposite parties far eviction of the defendant/appellant from the suit premises on the ground of expiry for a period of lease. By a registered deed of lease dated 3Isl March, 1955 the owner of the premises No. 64, Bentinok Street, Calcutta granted lease in favour of the lessee. The lease was for a period of 21 years from 1 -3-55 re...
Avery India Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Jul-18-1991
Reported in: [1993]199ITR745(Cal)
Ajit K. Sengupta, J.1. In this reference made at the instance of the assessee, the following questions of law have been referred for the assessment year 1980-81 by the Tribunal under Section 256(1) of the Income-tax Act, 1961, for the opinion of this court :' 1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in not allowing the sum of Rs. 19,36,797 representing expenses in connection with the issue of shares required for the purposes of complying with the Foreign Exchange Regulation Act, 1973 ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that, since the demand of sales tax of Rs. 5,75,203 was being disputed in the previous year, it could not be allowed as a deduction till the matter was finally decided ? 3. Whether, on the facts and in the circumstances of the case, the surtax liability of the previous year was an admissible deduction in computing the total income of the assessee?' 2. This referenc...
Commissioner of Income-tax Vs. Govind Sugar Mills Ltd.
Court: Kolkata
Decided on: Jul-18-1991
Reported in: [1993]199ITR775(Cal)
Ajit K. Sengupta, J. 1. In this reference under Section 256(2) of the Income-tax Act, 1961, for the assessment year 1978-79, the following question of law has been referred to this court :' Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that excise duty demand of Rs. 2,71,400 even though disputed and not provided in the account, was an allowable expenditure during the year?'2. Shortly stated, the facts are that the assessee claimed Rs. 2,71,400 as excise duty demand in the return though the said demand was not provided in the accounts. On being requested to state the facts in regard to this demand, the assessee filed a copy of the petition of appeal filed before the Appellate Collector of Central Excise, Calcutta, disputing the levy of demand. The Income-tax Officer was of the view that the assessee had not accepted the demand and it had not made any entry in the accounts. Hence, the demand had not yet been quantif...
Pearilal Rana Alias Peara and anr. Vs. the State
Court: Kolkata
Decided on: Jul-17-1991
Reported in: 1992CriLJ2644
Amulya Kumar Nandi, J.1. In this case four accused were indicated under Section 302, I.P.C. read with Section 34 of the Penal Code for having committed the murder of one Bablu Hazra alias Chor Bably in furtherance of common intention of all on the 25th of March, 1986 at an unearthly hour of night. The appellants Pearilal Ranar and Babua Das only have been convicted Under Section 302, IPC read with Section 34, IPC.2. We may state the prosecution case in brief. Victim Bablu and other four accused assembled at a place to commit theft. Victim and the accused fell out. The convict Peari fired at the victim and the other convict struck the victim at his throat with a razor. Remaining two accused Iswarlal and Krishnaram assaulted him. One Biplab Das reported the incident to the police over telephone. The police found the victim lying injured. S.I.S. Moitra recorded the dying declaration of the victim made in presence of other witnesses which was treated as F.I.R. in the case. The victim succu...
S.M. Roy Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-16-1991
Reported in: (1992)1CALLT131(HC)
Jyotirindra Nath Hore, J.1 This is an application Under Section 401 read with Section 482 for setting aside the order dated 4.6.90 passed by the learned 4th Additional Special Court, Calcutta in Special Case No. 6 of 1982 rejecting the petitioner's application under the newly inserted Section 245(3) of the Code of Criminal Procedure and for quashing the impugned proceeding.2. The petitioner was Sales Manager, Central Marketing Organisation Steel Authority of India Limited, Calcutta and worked in that capacity till November 1980. The petition of complaint was filed in the Court of the learned Judge, 4th Special Court, Calcutta on 22.9.82 Under Section 5(1)(c) read with Section 5(2) of the Prevention of Corruption Act, alleging inter alia that the petitioner possessed assets disproportionate to his known source of income. The accused petitioner appeared on 26.11.82 and the case is still pending. As the evidence was not completed within 4 years from the date of appearence of the petitione...
Bholenath Cold Storage Vs. National Insurance Co. Ltd. and ors.
Court: Kolkata
Decided on: Jul-15-1991
Reported in: (1993)1CALLT47(HC),[1994]79CompCas90(Cal)
S. Dhatterji, J.1. The present rule was issued on May 17, 1985, at the instance of the writ petitioner praying, inter alia, for a writ of mandamus commanding the respondents to settle the claims lodged by the petitioners and communicate their decision with regard to the claims in consequence of the loss and damage sustained by the petitioner due to the flood in the year 1978 and for other consequential reliefs as stated in detail in the writ petition. It is stated in detail that the petitioner is a registered partnership firm carrying on cold storage business. The plant and machinery were installed and these were extremely sensitive requiring stable temperature. The petitioners proposed to insure their stock of potatoes stored in the cold storage premises situated at Chilleydanga, P.S. Pursura in the District of Hooghly, for a total sum of Rs. 17 lakhs against the contingencies stipulated with respondents Nos. 1 to 5, viz., National Insurance Company, Oriental Fire and General Insuranc...
Anz Grindlays Bank P.i.C. and anr. Vs. Shipping and Clearing (Agents) ...
Court: Kolkata
Decided on: Jul-15-1991
Reported in: 1992CriLJ77
ORDERJ.N. Hore, J.1. This is an application under Article 227 of the Constitution of India and Sections 401 and 482 of the Criminal Procedure Code for quashing the criminal proceeding being Case No. C11 of 1991 in the 9th Court of the learned Judicial Magistrate, Alipore Under Sections 120B, 409, 420, 465 and 500 of the Indian Penal Code.2. Petitioner No. 1 ANZ Grindlays Bank PIC having a branch office at 10, Sansad Marg, New Delhi represented by petitioner No. 2 S. C. Bhargava, formerly Assistant Manager and now Manager, Area Administration, Northern India are accused Nos. 4 and 5 respectively. On 3-1-91 the complainant-opposite party Shipping and Clearing (Agents) Pvt. Limited (hereinafter referred to as S.C.A.L.) filed a petition of complaint in the Court of the Sub-Divisional Judicial Magistrate, Alipore, South 24-Parganas against the petitioners and some other persons alleging commission of offences u/Sections 120B, 409, 410, 465 and 500 of the Indian Penal Code.3. The allegations...
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