Kolkata Court April 1992 Judgments
State of West Bengal Through Collector, Government of West Bengal Vs. ...
Court: Kolkata
Decided on: Apr-30-1992
Reported in: (1992)2CALLT55(HC)
Sunil Kumar Guin, J.1. Two plots of Sali land measuring about 2.88 acres of Smt. Suniti Bala Debi situated in mouza Palta were acquired by the Special Land Acquisition Officer, North 24-Parganas in Case No. L.A.(R)/4 of 1981/82 for the purpose of regularisation of Naba Pally, P.O. 50 Squatters Colony at Palta P.S. Noapara. The notification under Section 4 of the Land Acquisition Act was published on 5.5.82. The said Land Acquisition Officer made an award of Rs. 10,044/- in favour of Suniti Bala Debi by his order dated 14.2.89 and possession of the acquired land was taken on 2.3.89. Suniti Bala Debi died intestate leaving behind Santi Ganguli as her only daughter and sole heiress. Santi Ganguli did not accept the award and at her instance the said Land Acquisition Officer made a reference to the Special Land Acquisition Judge, First Court, Alipore and it gave rise to L.A. Case No. 10 of 1990(V) of the said Court. The parties before the said'Court did not adduce any oral evidence but pro...
Tag this Judgment!Lee and Muihead (i) Pvt. Ltd. Vs. the Board of Trustees for the Port o ...
Court: Kolkata
Decided on: Apr-30-1992
Reported in: (1992)2CALLT492(HC)
Ajoy Nath Ray, J.1. In this writ petition, the writ petitioner challenges a notice of termination of a licence in regard to a flat in, a residential area at Haldia. The notice of termination is dated 15.1.87 and is annexure 'D' to the writ petition.The writ petitioner, at all material times, was licensed by the respondent authorities to engage themselves as clearing agents, and thus enter into, for their purposes, the protected port area of both Calcutta and Haldia.2. The flat was taken under an agreement of 1979-ostensibly under a licence, at a licence fee of Rs. 1,200/-, for three months, revocable on seven days' notice. Though the terms were such, the writ petitioner-licensee has continued in possession of the flat for the past 13 years, paying the agreed fees.3. The case of the respondent Port Trust is that, the writ petitioner was a mere licensee in the flat. But the writ petitioner states that even according to a receipt dated as late as 25.6.87, moneys in respect of the flat wer...
Tag this Judgment!The Board of Trustees for the Port of Calcutta and ors. Vs. Tarun Kuma ...
Court: Kolkata
Decided on: Apr-30-1992
Reported in: (1992)2CALLT383(HC),96CWN872
Anandamoy Bhattacharjee, J.1. For all that I have said while speaking for a Division Bench in Ajay Sur (1981-1 Calcutta High Court Notes 254, paragraphs 5-7), I would have dismissed the appeal, if I could and affirmed the order of the learned trial Judge quashing the order of compulsory retirement of the Respondent No. 1 on the sole ground that the impugned order ought to have been passed, but has not been passed, after giving the Respondent No. 1 a reasonable opportunity of being heard. But binding authorities of the Supreme Court are standing in the way. I accordingly have had to agree, even though reluctantly, with the order proposed by brother Ray, J., notwithstanding my own views to the contrary.A.N. Ray, J.2. The writ petitioner is the respondent in appeal. He has succeeded in the Court below. An order of compulsory retirement passed against him on 9th December 1987 has been set aside. If the Judgment stands the respondent will retire only sometime in 1994. I am of the opinion ho...
Tag this Judgment!Bharat Coking Coal Limited Vs. Chakraborty and Mondal
Court: Kolkata
Decided on: Apr-30-1992
Reported in: (1993)1CALLT148(HC)
Baboo Lall Jain, J.1. This is an application, inter alia, for condonation of delay in making the present application and for setting aside the award dated August 30, 1991 made by Sri Prabir Roychowdhury, Sole Arbitrator, on the grounds stated in the petition filed on behalf of Bharat Coking Coal Ltd., the petitioner herein. So far as the question of condonation of the delayin making the present application is concerned, it appears that though the notice under Section 14(2) of the Arbitration Act was directed to the petitioner Bharat Coking Coal Ltd., yet the same was served on Coal India Ltd. on December 13, 1991. The case of the petitioner is that the service of the said notice was not legal, inasmuch as Coal India Ltd. and Bharat Coking Coal Ltd. are different legal entities and the petitioner did not come to know about the service of the notice until December 23, 1991. The instant application was made on January 21, 1992 and in the premises, I am of the view that there are good and ...
Tag this Judgment!Debasis Banerjee Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Apr-30-1992
Reported in: (1993)2CALLT170(HC)
Sunil Kumar Guin, J.1. This revision is directed against the order passed by the learned Additional Chief Metropolitan Magistrate on 19.9.90 in G.R. Case No. 644 of 1990 arising out of Case No. F-90 dated 22.3.90 whereby he directed the I.O. concerned to hand over the key in question to O.P. No. 2 Saumya Dutta and also directed the present petitioner to seek his relief in the title suit filed by Saumya Dutta in the City Civil Court. This revision is also directed against the order passed by the said Magistrate on 21.9.90 in the same case whereby he rejected the prayer for stay of the operation of the earlier order.2. This revision has been resisted by Saumya Dutta, opposite party No. 2 and also by the State of West Bengal, opposite party No. 1.3. The petitioner's case in short is that the disputed premises at 16, Gopal Bose Lane belongs to his grandmother Brindarani Debi who filed a suit, being Ejectment Suit No. 493 of 1988 against her son Baidyanath Banerjee and got a decree on 17.2....
Tag this Judgment!Sk. Abubakkar Vs. Mst. Ohidunnessa Bibi
Court: Kolkata
Decided on: Apr-29-1992
Reported in: 1992CriLJ2826
ORDERGitesh Ranjan Bhattacharjee, J. 1. This criminal revision has been filed under Section 482 and Section 401 of the Code of Criminal Procedure for quashing the execution case No. 7 of 1987 (arising out of Misc. Case No. 64 of 1982) pending in the Court of the learned Judicial Magistrate, 2nd Court, Arambagh in the district of Hooghly. The opposite party herein filed an application under Section 125, Cr. P.C. against the petitioner herein on 12th October, 1982 claiming maintenance for herself and her child. The petitioner and the opposite party are both muslim by religion and they were married in the year 1964. That marriage was however dissolved by a Talaknama executed on 10th November, 1969. In the meantime however a child was born to them in April, 1969. The application for maintenance filed under Section 125, Cr. P.C. was allowed by the learned Magistrate on 30th September, 1983 and the learned Magistrate granted maintenance at the rate of Rs. 100/- per month for the wife and Rs....
Tag this Judgment!New Horizons (Pvt.) Ltd. Vs. Collector of Customs
Court: Kolkata
Decided on: Apr-28-1992
Reported in: 1993(63)ELT32(Cal)
ORDERSusanta Chatterjee, J.1. The present writ petition has been filed praying, inter alia, for a Writ of Mandamus to command the respondents to withdraw, recall and/or set aside the Show Cause Notice dated March 8,1990 issued by the respondent No. 2 Assistant Collector of Customs for appraising Group II and for release of the goods covered under Invoices and Bills of Entry being Annexures 'D' & 'F' to the writ petition in the Bengal Bonded Warehouse without claiming any further or additional duty and/or in excess of what had already been paid by the petitioner company on March 20 and May 12,1989 and other consequential reliefs.2. It is stated in details that the petitioner company has to import necessary raw materials and in July 1988 the petitioner allegedly purchased from M/s. Leonard Kurz GMBH Co. of Postfach 1954, SCHWABACHER Straser 482, D-8510 Furth/Bayern, West Germany through its authorised agent in India, M/s. Ratten Chand Khanna of 7, Tolstoy Marg, New Delhi Stamping Foils o...
Tag this Judgment!University of Calcutta and Others Vs. Sm. Gopa Chakraborty and Another
Court: Kolkata
Decided on: Apr-27-1992
Reported in: AIR1993Cal1
ORDERA.M. Sinha, J.1. This appeal is directed against the judgment and order passed by the learned single Judge on a writ application being CO. No. 12153 (W) of 1984. The Writ petitioner as a student appeared in B.A. II examination (1981-82) with Honours in English from the Scottish Church College, conducted by the Calcutta University, appellant No. 1. The result of such examination was published in the Gazette of February 25, 1983 with a remark 'withheld'. She received the mark-sheet after 3 months from the said college which shows that she obtained in paper Nos. V, VI, VII and VIII the Numbers 52, 30, 42 and 23 respectively totalling 147 which disqualified her from getting Honours. She was dissatisfied with the result shown in the mark-sheet and tried to get permission from the Pro-Vice Chancellor for re-examination of the papers. Having failed in her attempt in obtaining the same, she had toapproach the Education Minister and obtain a form for re-examination which was ultimately sub...
Tag this Judgment!Anjali Bhowmik Vs. State of West Bengal
Court: Kolkata
Decided on: Apr-27-1992
Reported in: (1992)2CALLT297(HC)
Paritosh Kumar Mukherjee, J.1. The petitioner Anjali Bhowmick has challenged an order of requisition dated November 21, 1986, passed by the Deputy Commissioner, Darjeeling, under the provisions, of Section 3(1) of the West Bengal Land (Requisition and Acquisition) Act, 1948 (West Bengal Act II of 1948), which is annexure 'H' to the present writ petition.2. It appears from the schedule of the said order that premises known as 'Kiran Bhawan' holding No. 393, Ward No. XI, Subhaspalli, Police Station-Siliguri, District-Darjeeling has been requisitioned for accommodating office accommodation of the State Government, office of the District Controller, Food and Supplies, Darjeeling and Subdivisional Controller, Food and Supplies, Siliguri.3. The present writ petition was moved before me on January 7, 1987 in the presence of Mr. A.C. Moitra, learned Advocate, appearing for the respondents, when civil order was issued and an interim order of injunction was granted to this extent that all furthe...
Tag this Judgment!Calcutta Management Association Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Apr-24-1992
Reported in: (1992)42ITD62(Kol.)
1. This appeal arises out of the Income-tax assessment of Calcutta Management Association, the appellant herein. The assessment year is 1984-85 for which the previous year ended on 31-3-1984.2. The main point of dispute in the present appeal is the denial of exemption to the appellant-association under Section 11 of the IT Act and further determining its total income assessable to tax at Rs. 5,18,210. The Assessing Officer refused the benefit of exemption under Section 11 of the Act for the simple reason that the appellant had violated the provisions of Section 12A (b) of the Act as it had not filed the audit report in Form No. 10B along with its return of income filed on 30-9-1986. He computed the income at Rs. 5,81,210 with reference to the figures found in the audited statements submitted with the return of income.3. The CIT(Appeals) to whom the assessee appealed, agreed with the Assessing Officer and upheld the assessment. According to him. The provisions of Section 12A(b) are man...
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