Kolkata Court December 1993 Judgments
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Banner and Co. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Dec-16-1993
Reported in: 1994(70)ELT181(Cal)
Ruma Pal, J.1. This judgment disposes of the only issue raised in a seriesof writ petitions. The facts in the writ petitions are, for the purposes of thisdecision, identical. Each of the writ petitioners is a Small Scale Industrymanufacturing and supplying goods to large scale units after putting the brandname of such large scale unit on such goods. For example, the writ petitioner inthe first writ petition, manufactures flood light reflectors and flame prooffittings which are supplied by the petitioner to M/s. Bajaj Electricals Ltd. Thesale between the petitioner and M/s. Bajaj Electricals Ltd. is on a principal toprincipal basis. The petitioner produces the goods according to the specifications of M/s. Bajaj Electricals Ltd. This includes putting the brand name ofBajaj Electricals on the goods manufactured by the petitioner.2. The subject matter of challenge in the writ petitions briefly stated isNotification No. 223/87-C.E., dated 22nd September, 1987 (referred tohereafter as the im...
Dharma Narayan Barman Vs. Upendra Nath Mondal and Others
Court: Kolkata
Decided on: Dec-13-1993
Reported in: AIR1994Cal231
ORDER1. This revisional application is directed against an order dated 29-6-91, passed by the Id. Asstt. District Judge, Alipurdwar in Misc. Appeal No. 7 of 1989, affirming the order dated 31-8-89, passed by the Munsif, Alipurdwar in Misc. Case No. 30 of 1987.2. This case is 'Much Ado About Nothing' when facts are briefly stated: the petitioner sought for pre-emption of the property following pre-emption case No. 58 of 1978, which sprang upon an application fixing 11-6-1987 for steps. It has been highlighted by the petitioner in his application that he could not attend the Court for his illness and the case No. 53 of 1978, however, stood dismissed for default. Thereupon, a Misc. Case was started under Order 9, Rule 9 read with Section 51 giving an account of non-appearance along with a Medical Certificate. The Id. Court of the first instance, however, did not agree to accept the claim of the petitioner as it was untenable in law and the same having been rejected by him on 31-8-89, a Mi...
Mustari Begum Alias Jharna Vs. Abdul Rafique Alias Milon
Court: Kolkata
Decided on: Dec-12-1993
Reported in: (1994)1CALLT401(HC)
Arun Kumar Dutta, J.1. The instant Revisional Application by the petitioner-wife (hereinafter referred to as wife) is directed against the order dated June 15, 1992 passed by the learned Additional Sessions Judge, Suri, Birbhum, in Criminal Motion No. 4 of 1992 before him, praying the Court for setting aside the said order on the grounds set. forth therein.2. The wife had filed an application under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter shortened into Code) before the Second Court of the Judicial Magistrate at Suri, Birbhum, in the early part of 1985, registered as Misc. Case No. 22 of 1985/T.R. To 184 of 1985 against the opposite-party-husband (hereinafter referred to as husband) claiming maintenance at the rate of Rs. 300/- only for herself and sum of Rs. 75/- only for her minor son per month on the grounds stated therein. The learned Magistrate after hearing the parties concerned had allowed the wife's said application in part by his judgment and order date...
A.K. Chakroborthy Vs. New Bank of India and ors.
Court: Kolkata
Decided on: Dec-06-1993
Reported in: (1993)2CALLT141(HC),(1995)ILLJ403Cal,1993(5)SLR220
B.R. Arora, J.1. This is an application under Article 226 of the Constitution of India. The petitioner Sri A.K. Chakraborty is a Scale-Ill officer in New Bank of India which is described as a public corporation. He was initially appointed to the post of Manager of the said Bank as a Scale-II officer in June, 1977. He was promoted to the Middle Management Scale-Ill post in August, 1984. During his service career all these years he was posted at various places in different capacities, such as, at Calcutta, Patna, Ranchi, Dhanbad, Delhi. He was Deputy Regional Manager of West Bengal in the Regional Office in Calcutta from April, 1985 to October, 1988 and thereafter upto May 1989 he was deputed as Deputy Regional Manager, Bihar/Orissa. In May, 1989 he was transferred from the Regional Office, Calcutta to New Delhi where he worked upto October, 1990. Thereafter he was again transferred from New Delhi to Calcutta in October, 1990 and he worked as a Senior Manager of Burra Bazar Branch, Calcu...
Assam Fronter Tea Co. Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Dec-03-1993
Reported in: (1994)49ITD412(Kol.)
1. This appeal filed by the assessee is directed against the order of the CIT(A) dated 19-3-1990 for the assessment year 1977-78. The only ground taken by the assessee is that the CIT(A) was not justified in confirming the inclusion of the interest of Rs. 3,86,734 (the equivalent of 25,560) earned on the deposit made by the assessee with a bank in U.K. It is contended that the income should have been considered non-taxable under the specific provisions of Section 9(1)(v) and should not have been brought to tax under Section 9(1)(i) of the Income-tax Act.2. The assessee is a non-resident company. It derives income from the manufacture and sale of tea in India. While completing the assessment, it was noticed by the Income-tax Officer that the assessee had not included the interest income of Rs. 3,86,734 earned by it on the deposit with a bank in U.K. He took the view that the interest was includible in the assessment under the head "Other sources". According to him, the interest was ear...
Lokendra Kumar Sengupta and Others Vs. Union of India and Others
Court: Kolkata
Decided on: Dec-03-1993
Reported in: AIR1994Cal136,(1994)1CALLT405(HC)
ORDER1. The present Rule was issuedon 12th June, 1991 at the instance of the writ petitioners praying, inter alia, for a Writ of Mandamus calling upon the respondent to act according to law and in terms of the Government's Resolution dated 15th March, 1991 (Annexure A4) to the writ petition read withAnnexure C, letter dated 4th March, 1986 and directing the respondents concerned to pay to the petitioners their final dues on the basis of their verified claims and/or take steps to resolve to them their properties which ate now in the hands of Bangla Desh Government in terms of the said Resolution and Tashkent Agreement and in any event as a matter of their inalienable human rights as per relevant conventions and charter of the United Nations and for necessary directions upon the respondents to dispose of the petitioners' case in appreciation of the age and failing health and to settle their claims with immediate effect as well as to implement their accepted and admitted position as conta...
Mustari Begum @ Jharna Vs. Abdul Rafique @ Milon
Court: Kolkata
Decided on: Dec-02-1993
Reported in: II(1994)DMC45
A.K. Dutta, J.1. The instant Revisional Application by the petitioner-wife (hereinafter referred to as wife) is directed against the order dated June 15, 1992 passed by the learned Additional Sessions Judge, Suri, Birbhum, in Criminal Motion No. 4 of 1992 before him, praying the Court for setting aside the said order on the grounds set forth therein.2. The wife had filed an application under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter shortened into Code) before the Second Court of the Judicial Magistrate at Suri Birbhum, in the early part of 1985, registered as Misc. Case No. 22 of 1985 T.R. No. 184 of 1985 against the opposite-party-husband (hereinafter referred to as husband claiming maintenance at the rate of Rs. 300/- only for herself and sum of Rs. 75/- only for her minor son per month on the grounds stated therein. The learned Magistrate after hearing the parties concerned had allowed the wife's said application in part by his judgment and order dated Novemb...
Engineering Construction Services Vs. Mining and Allied Mechinery Corp ...
Court: Kolkata
Decided on: Dec-02-1993
Reported in: (1994)2CALLT317(HC)
Sachi Kanta Hazari, J.1. This is appeal is directed against the judgment and order dated 10th March, 1993 passed in Matter No. 3083 of 1992. The short point involved in this appeal is as to whether the granting of pendente lite, interest is mandatory or discretionery.2. In 1987 Joint Arbitrators were appointed. In December, 1987 an application was filed under Section s 5, 8, 11 and 12 of the Arbitration Act for leave to revoke the authority of the arbitrators and for appointment of a new arbitrator. By an order dated 15th January, 1988 the authority of the joint arbitrators were revoked and Mr. A. M. Pal, a retired Judge of this court was appointed as sole arbitrator in place and stead of the out going joint Arbitrators. On 3rd of May 1988 the arbitrator entered into the reference and on 7th December, 1991 the learned arbitrator made and published his award wherein it was directed that the respondent would pay to the petitioner Rs. 2.25 lacs together with interest at the rate of 15% fr...
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