Kolkata Court March 1993 Judgments
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Shahud-ul-haque Vs. the State of West Bengal
Court: Kolkata
Decided on: Mar-18-1993
Reported in: (1993)2CALLT379(HC)
Amal Kanti Bhattacharji, J.1. In this revisional petition the petitioner has challenged an order of the 5th Judicial Magistrate, Alipore rejecting his application for giving custody of certain seized articles. The petitioner's case is that he is a monthly tenant in respect of one flat on the 1st floor and one garage on the ground floor at premises No. 10, Sunny Park, P.S. Ballygunge, Calcutta, under Opposite Party No. 3. The petitioner claims to be in possession of the said tenanted premises on and from the 16th October, 1991. It is alleged that the men and agents of M/s. Superintendent Co. of India Pvt. Ltd. (of which opposite party No. 2 is a Director) (hereinafter referred to as the company) are harassing and humilating the petitioner and his family members and trying to take forcible possession of his tenanted premises. As a result various criminal and civil proceedings were started against each other. On the 17th January, 1992, the petitioner filed a suit against the opposite part...
Smt. Gita Devi Shah and Others Vs. Smt. Chandra Moni and Karnani and O ...
Court: Kolkata
Decided on: Mar-17-1993
Reported in: AIR1993Cal280,98CWN187
ORDERParitosh K. Mukherjee, J.1. These two appeals are arising out of the judgment and order dated March 31, 1987, passed by the learned Assistant DistrictJudge, 2nd Court, Alipore in Title Suit No. 247 of 1981 and Title Suit No. 154 of 1983, which were heard analogously.2. Smt. Gita Devi Shah and others, being the plaintiffs in Title Suit No. 247 of 1981, purchased the suit premises being 1/1 Row-land Road, Calcutta-20, from the defendant No. 2 in three equal and undivided 1 / 3 shares under registered deeds of Kobala dated July 26, 1978. After the said purchase of the suit premises, a letter was issued by the Advocate on behalf of the plaintiffs to the defendant No. 1, Smt. Chandra Moni Karnani, informing about the transfer of the suit premises. The said letter has been'marked as Exhibit No. 2 in the suit. On the same day, a letter of attornment was also issued by the defendant No. 2 to defendant No. 1. It is claimed by the plaintiffs of Title Suit No. 247 of 1981 that the defendant ...
Dwipendra Nath Mukherjee Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Mar-17-1993
Reported in: (1993)2CALLT233(HC),98CWN164
P.K. Mukherjee, J.1. This writ petition was heard-in-part in the presence of Mr. Moni Bhusan Sarkar and Mrs. Gita Gupta, learned Advocates for the petitioner, Mr. P.K. Mullick, Mr. Alok Banerjee and Mr. Subimai Mukerjee, learned Advocates for the Calcutta Port Trust authorities and Mr. Naren Debnath and Mr. Saptangshu Basu, learned Advocates appearing for Union of India, on different dates, that is, on January 19, 1993 and February 10, 1993, and during the 'cease work' of this Court, on February 26, 1993, when Mr. Dwipendra Nath Mukherjee, the petitioner appeared 'in person'.2. Today (March 17, 1993), judgment is being delivered in the presence of Mr. Moni Bhusan Sarkar, learned Advocate for the petitioner and Mr. Aloke Banerjee, learned Advocate for the Port Trust authorities.3. The petitioner moved the present writ petition challenging, the vidity of the impugned order passed by the Chairman and the disciplinary authority dated June, 23, 1990, thereby, imposing penalty of compulsory ...
Hindustan Ice and Cold Storage Co. Ltd. Vs. Assistant Commissioner of ...
Court: Kolkata
Decided on: Mar-16-1993
Reported in: (1993)47TTJ(Cal)70
ORDERR. V. EASWAR, J. M. :All the appeals are by the assessee. We shall deal with the appeals year by year.2. The assessee is a public limited company carrying on the business of cold storage and also in the manufacture of ice-blocks. In respect of the asst. yrs. 1981-82 to 1983-84, in the assessments completed originally, the assessee had claimed extra shift depreciation allowance at the rate of 10% on the plant and machinery used for the manufacture of ice. The same was granted in the assessments. However, on 1st June, 1990, the ITO passed orders under S. 154 of the IT Act by which he withdrew the extra shift allowance. The extra shift allowance so withdrawn was Rs. 34,728, Rs. 24,213 and Rs. 19,332 respectively for these three years. The ground on which the ITO took the view that the allowance of extra shift depreciation in the assessments was a mistake apparent from the record was that according to item III(ii) B(13) of the depreciation schedule the extra shift depreciation was not...
Mrinal Kanti Chakraborty Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-15-1993
Reported in: (1993)2CALLT27(HC),[1994(68)FLR159],1993LabIC1747,(1993)IILLJ1009Cal,1993(2)SLR647
B.P. Banerjee, J.1. This is an appeal against the judgment and order dt. March 19, 1990 passed by the learned trial Judge in Civil Order No. 2713 (W) of 1990,In the writ application the appellant-writ petitioner challenged the validity of the chargesheet dt. December 26, 1989 as also for release of the retirement benefit, namely, the provident fund dues, leave salaries, gratuity etc. togetherwith interest thereon.The appellant was appointed as a clerk under 24-Parganas (South), Southern Central Co-Operative Bank Ltd. and in the year 1965 he was promoted to the post of Head Assistant. Subsequently, he was designated as Office Superintendent. Thereafter the appellant was promoted to the post of Assistant Manager and from that post he was further promoted to the post of: Branch Manager. The appellant writ petitioner was due to retire from service on attaining the normal age of superannuation on December 31, 1987. After the retirement, the service of the appellant petitioner was extended f...
B.i.E. Engineering (P) Ltd. Vs. the Calcutta Municipal Corporation
Court: Kolkata
Decided on: Mar-15-1993
Reported in: (1993)2CALLT150(HC)
S. Chatterji, J.1. Having heard the learned counsel for the petitioner and the Calcutta Municipal Corporation it appears that the petitioner-company has challenged the actions of the corporation authorities regarding further demolition of work at premises No. 22, Prafulla Sarkar Street previously known as Sooterkin Street, Calcutta.2. The grievance of the petitioner is that under the order of Building Tribunal and strictly in terms of permission the petitioner had made reconstruction work but the corporation authorities demolished the major portion of building by exercising the power given Under Section 400(8) of the Municipal Corporation Act of 1980 and the acts done and/or caused to have done by the Corporation authorities are irregular and illegal and this Court may grant such reliefs in the manner as indicated above.3. The writ petition is opposed by corporation authorities by filing affidavit-in-opposition. It is disclosed, inter alia, that the petitioner has taken steps contrary ...
Smith (inspector of Taxes) Vs. Abbott Same V. Holt Same V. Scovell Sam ...
Court: Kolkata
Decided on: Mar-15-1993
Reported in: [1994]210ITR323(Cal)
1, 2, 15, March 1993.15 March. The following judgments were handed down.NOLAN L. J. The taxpayers involved in these appeals are journalists employed by Associated Newspapers Ltd. Four of them work for the 'Daily Mail.' They are Mr. P. J. Abbott, a news layout journalist; Mr. K. P. Holt a staff photographer; Mr. B. S. Scovell, a sports reporter specialising in cricket and football, and Mr. T. R. Shuttleworth, who was at first a news sub-editor and subsequently in assistant chief sub-editor. The fifth tax-payer is Mr. Gary Woodhouse, who is the picture editor of 'The Mail Sunday.'In each of the years of assessment under appeal each of them received from Associated Newspapers Ltd. an allowance in reimbursement of the cost of newspapers and periodicals which he bought. It is common ground between the parties in each case (i) that the amount of the allowance was correctly included in the taxpayers assessment under Schedule E as an assessable emolument, and (ii) that he had spent on newspape...
Omega Traders India Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Mar-12-1993
Reported in: (1994)1CALLT321(HC)
Altamas Kabir, J.1. The writ application was taken up for hearing on 19th February, 1993, and again on 24th February, 1993, on the preliminary question as to whether this court had jurisdiction to entertain the same. Inasmuch as, on both the days no one appeared on behalf of the writ petitioners, I had no alternative but to request Dr. Tapas Banerjee, Mr. Ashoke Sarkar appearing with him, for the respondent No. 3, to make submissions on the preliminary question raised by him. '2. Appearing for the Mahanagar Telephone Nigam Ltd., the respondent No. 3 in the writ petition, Dr. Tapas Banerjee submitted that having regard to the grievance of the petitioner in the writ petition, this court had no jurisdiction to entertain the writ petition, as neither any part of the cause of action had arisen within the State of West Bengal nor were any of the principal respondents amenable to the territorial jurisdiction of this court. Dr. Banerjee pointed out that the petitioner's grievance was against t...
Nishi Kanta Ghosh Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-11-1993
Reported in: (1993)1CALLT460(HC)
Ajoy Nath Ray, J.1. This is an application where a permanent Teacher seeks to be permitted to resume duties of teaching.2. The school involved is Gurguripal High School. It is not in dispute that the Writ petitioner was an Assistant Teacher and that the substantive appointment came sometime in early 1988.The case of the Writ petitioner is that after obtaining due leave he Went to have B.Ed, training and that thereafter he was not permitted to join duties in the School.3. The petitioner makes this case in the Writ petition that for the extraneous consideration of his alleged illicit relationship with one Sm. Janaki Ghose, of which he makes no admission, the School Authorities proceeded without jurisdiction and the District Inspector of Schools also apparently lent support to such proceeding by the Managing Committee on the basis of the said Sm. Janaki Ghose's involvement with the petitioner.4. Mr. Samanta, learned Advocate appearing on behalf of the petitioner, has submitted that a Teac...
Engineering Constructions Services Ltd. Vs. Mining and Allied Machiner ...
Court: Kolkata
Decided on: Mar-10-1993
Reported in: AIR1994Cal52
ORDER1. This is an application challenging that part of the Award where the learned Arbitrator refused to grant pendente lite interest to the petitioner.2. In this matter the first award was passed by the learned Arbitrator on or about 7th December 1991 on the following terms:--'(1) That the said Mining and Allied Machinery Corporation Ltd. the respondent abovenamed do pay to M/s. Engineering Construction Services the claimant a sum of Rs. 2,25,000/- (Rupees two lacs twenty five thousand only). The said sum is to be paid by Mining and Allied Machinery Corporation Ltd. within a period of 60 (sixty) days fromthis day (to-day) and will carry interest at the rate of 15% per annum fill realisation. (2) I further award that the said Mining and Allied Machinery Corporation Ltd. do pay to the said claimant M/s. Engineering Construction Services the costs of the proceedings held before me which 1 assess at a sum of Rs. 30,000/- (Rupees thirty thousand) only. The said sum of Rs. 30.000/- will al...
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