Kolkata Court September 1991 Judgments
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Sk. RahimuddIn Vs. Sk. Serajuddin
Court: Kolkata
Decided on: Sep-13-1991
Reported in: AIR1992Cal58,(1992)1CALLT109(HC)
1. This appeal is directed against the judgment and decree passed by the learned Additional District Judge, 1st Court at Howrah in Title Appeal No. 5 of 1981 affirming those of the learned Munsiff, 4th Court at Howrah in Title Suit No. 183 of 1979.2. The plaintiff-respondent instituted the said Title Suit against the defendant-appellant for declaration and permanent and mandatory injunction. Plaintiffs case is that he is the Mutawali of the Wakf Estate under which the defendant is monthly tenant in respect of the disputed premises comprising eight rooms from I960. The tenancy was for residential purposes only. The rate of rent was originally Rs. 10/- per month, which wassubsequently enhanced to Rs. 30/- per month by a solennama decree which also empowered the defendant to sublet. The rent was further enhanced to Rs. 50/- The defendant fried to convert the suit premises into a factory from April 1979 without taking written consent of the plaintiff. The plaintiff opposed the illegal act ...
Sekhar Gupta and ors. Vs. Subhas Chandra Mondal
Court: Kolkata
Decided on: Sep-13-1991
Reported in: [1992]73CompCas590(Cal)
Sunil Kumar Guin, J. 1. This revisional application is for quashing the proceeding, being Case No. C. 2067 of 1989, under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act'), pending before the learned Judicial Magistrate, Ninth Court, Alipore. The facts relevant for the appreciation of the points raised in the instant revision may be briefly stated as follows : In discharge of its liability, a company named Ambitious General Finance and Housing Co. (P.) Ltd. issued a cheque No. 018455 drawn by its director on September 10, 1989, for Rs. 15,000 in favour of the complainant, Subhas Chandra Mondal, who is the opposite party in the instant revision. Though the complainant presented it to the bank for payment on September 10, 1989, yet it bounced and the bank's intimation in this regard was sent to the complainant on September 12, 1989. The cheque was presented to the bank for payment for a second time but it bounced then also. Then the cheque was pre...
National Jute Manufacturers Corpn. Vs. E.S.i.C. and anr.
Court: Kolkata
Decided on: Sep-13-1991
Reported in: 96CWN555,(1994)IIILLJ704Cal
A.N. Ray, J.1. In this matter no affidavit in opposition has been filed. Counsel on behalf of the Employees State Insurance Corporation has resisted the matter on points of law. I think the respondent is successful in that attempt and that the writ application should be dismissed with costs. My reasons for thinking so are as follows: 2. The application has been made complaining against the levy of damages by the Employees' State Insurance Corporation under Section 85(B) of the Employees' State Insurance Act. The Annexures to writ petition as well as the statements in the writ petition show that the facts are'practically admitted. The petitioner defaulted in payment of the amount of employees insurance contribution and the details of the default would be found at page 17 of the writ petition. Though the principal amounts were ultimately cleared up, yet the defaults once committed remained on record, and thus a notice dated 27th April, 1989 was served which was in the nature of a show-ca...
In Re: Arun Kumar Ghosh and ors.
Court: Kolkata
Decided on: Sep-13-1991
Reported in: (1992)1CALLT207(HC),96CWN458
Samir Kumar Mookherjee, J.1. The present Revisional application arises out of orders rejecting the plaintiffs application for appointment of Receiver and Injunction as also an application for manda-injunction. The plaintiffs and the defendants in the suit are owners and developers/promoters respectively of the disputed property at 297, Jodhpur Park, Calcutta.2. The agreement dt. 16-9-87 between the said parties provided, in sub stance, for delivery of flats to the plaintiffs, rights of the defendants to sell out the other flats in the said premises and to recover moneys on the basis of the agreement from the plaintiffs according to the measurement of the flats delivered to them. The agreement contains an arbitration clause and the suit in question filed Under Section 20 of the Arbitration Act for reference of the disputes between the parties to the arbitration. During pendency of the said application before the trial court an application Under Section 41 of the Arbitration Act had been...
Sri Abinash Chandra Chakraborty Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-13-1991
Reported in: (1992)1CALLT423(HC)
Nirendra Krishna Mitra, J.1. In short, the facts of the case inter alia, are, that one Sri Ranendra Kr. Acharya, was a member of the Manicktola Co-operative Housing Society, and he was allowed Flat No. K-82 in the housing complex of the said Society, upon full payment of his contribution towards the cost of construction of the said flat, and get possession of the same. At first, Sri Acharya had made his mother Smt. Sushila Devi as his nominee in respect of his share and interest in the said Co-operative Society, but subsequently in 1974, he changed his nominee, and the writ petitioner was made his new nominee, which was approved by the Co-operative Society at its meeting dated 21st September, 1974, and the writ petitioner's name was recorded as the nominee of the said Sri Acharya in place of his mother. The said Sri Acharya died on September 14, 1975, and the writ petitioner made an application to the said Co-operative Society for admitting him as a member of the said Society, in place...
Santosh Roy Vs. State of West Bengal
Court: Kolkata
Decided on: Sep-13-1991
Reported in: 1992CriLJ2493
Gitesh Ranjan Bhattacharjee, J.1. This Criminal Appeal is directed against the orders of conviction and sentence passed by the Additional Sessions Judge, 1st Court, Krishnanagar, Nadia in Sessions Trial No. 1 of April 1986 (Sessions Case No. 29 of November, 1984). The learned Judge convicted the appellant accused Santosh Roy under Section 302, IPC and sentenced him to imprisonment for life. The deceased China Barman was the sister of the appellant. P.W. 1 Nani Barman who lodged the FIR at the P.S. is the second husband of the deceased China Barman. The prosecution case is that on the 10th October, 1983 at about 9-30 a.m. when China was at the tubewell near their house for drawing water, she was suddenly attacked there by the accused with a Dao (a sharp cutting weapon) and the accused delivered several strokes with that weapon on different parts of the body of China including vital parts like neck and then he fled away. China died on the spot as a result of the injuries inflicted on her...
Himadri Sekhar Biswas and anr. Vs. Smt. Ashalata Biswas
Court: Kolkata
Decided on: Sep-12-1991
Reported in: (1992)1CALLT163(HC),96CWN274
A.N. Ray, J.1. The application is made for recall of my ex parte order dated 25th March, 1991 when only the petitioner was represented. I think there was sufficient cause for non-appearance on the part of the opposite party and as such I re-call the order dated 25th March 1991, as indicated to appearing counsel that in case I re-call the order I would again hear the application immediately on merits upon address by both sides, the matter was re-heard. Upon hearing I think that the order passed on 25th March, 1991 was substantially correctly passed. The said order shall therefore remain as it is along with the judgment and reasons but not as an order passed on 25th March, 1991 but as an order passed to-day, on hearing. As such the period of disposal of the appeal fixed for three months from that date shall run from today.2. Certain other observation also have to be made by me. It was argued on the part of the opposite parties that in view of the decision of the Division Bench of this Co...
Manindra Chandra Dey Vs. Cegat
Court: Kolkata
Decided on: Sep-12-1991
Reported in: 1992(58)ELT192(Cal)
Ajoy Nath Roy, J.1. This is an application by Manindra Chandra Dey, the writ petitioner, complaining against an imposition of a penalty of Rs. 10,000/- upon him made by the customs authorities. The imposition was made by an order of the Collector dated 21-4-1986, under item (c) thereof and the same was confirmed in appeal by the Tribunal in its appellate order dated 21-11-1989. A reference application therefrom was dismissed by the Tribunal as out of time.2. As the result of the same events two other consequences also followed. The first of these was that Manindra Chandra Dey was also proceeded against under the Gold Control Act (now repealed) and the second consequence was that two gold bars and one gold stick were confiscated. In so far as the gold control proceedings are concerned they form the subject-matter of altogether different legal proceeding and whatever appears herein is not to be treated as any pronouncement upon the same. In so far as the confiscation of the gold bars and...
Murari Mohan Dutta Vs. Commissioner of Wealth-tax
Court: Kolkata
Decided on: Sep-11-1991
Reported in: [1993]200ITR226(Cal)
Ajit K. Sengupta, J. 1. In this reference under Section 27(1) of the Wealth-tax Act, 1957, for the assessment year 1976-77, 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 correct in coming to the conclusion that the ownership in the seized assets had been vested in the Government on the date of passing the adjudication order of confiscation and not earlier ?'2. Shortly stated, the facts are that the assessee is an individual. The valuation date for the assessment year 1976-77 was April 13, 1976. He objected to the addition of the value of gold and gold coins amounting to Rs. 6,96,544 which were seized from his custody by the income-tax authorities on January 17, 1975, and, later on, the Customs Authorities took over the custody of the said gold and gold coins from the income-tax authorities on January 18, 1975. The Collector of Customs initiated action against the assessee...
income-tax Officer Vs. Hindusthan Coconut Oil Mill
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Sep-10-1991
Reported in: (1991)39ITD345(Kol.)
1. This appeal is by the department against the CIT(A)'s order dated 29-6-1987 for the assessment year 1981-82. The assessee received Rs. 10, 00,000 as a sales-tax subsidy from the District Industrial Centre, Suri, Birbhum, This sum, the ITO treated as a revenue receipt and taxed in the hands of the assessee for the assessment year 1981-82. The assessee filed an appeal before the CIT(A) against the addition, and the CIT(A) has deleted the sum in question on the ground that the subsidy did not accrue, or arise during the accounting year relevant to the assessment year 1981-82, and has also held that the receipt is of capital nature and is not assessable under Section 41(1). The department has come in appeal to the Tribunal against the said decision of the CIT(A).2. The only ground of the department in this appeal is that the CIT(A) is not correct in deleting the addition on the ground that the subsidy did not accrue or arise during the assessment year 1981-82, and also erred in holding...
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