Kolkata Court March 1994 Judgments
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Rina Sen Vs. Aloke Kumar Sen
Court: Kolkata
Decided on: Mar-03-1994
Reported in: II(1994)DMC525
Mukul Gopal Mukherji, J.1. In this revisional application the wife as petitioner has impugned an order dated April 2, 1993 passed by the learned Additional District Judge 8th Court, Alipore, South 24 Parganas in Matrimonial Suit No. 24 of 1992 only as regards the quantum of alimony pendente lite for herself and her minor son. The husband brought the suit for divorce against the wife on the ground of cruelty.2. In the petition for divorce filing by the husband he contended that he has been living in a joint mess with his eldest brother, sister-in-law, niece and widow mother but the wife did not like to stay in a joint mess with them and insisted on his separation. He described his eldest brother as a person highly placed in life and he himself is a bank employee. Be that as it may, as and when the present petitioner claimed alimony pendente lite in the matrimonial proceeding contending inter alia that she was not possessed of sufficient means for her own maintenance and for the maintena...
Smt. Rina Sen Vs. Aloke Kumar Sen
Court: Kolkata
Decided on: Mar-03-1994
Reported in: (1994)2CALLT97(HC)
Mukul Gopal Mukherji, J.1. In this revisional application the wife as petitioner has impugned an order dated April 2, 1993 passed by the learned Additional District Judge, 8th Court, Alipore, South 24 Parganas in Matrimonial Suit No. 24 of 1992 only as regards the quantum of alimony pendente lite for herself and her minor son. The husband brought the suit for divorce against the wife on the ground of cruelty. 2. In the petition for divorce filing by the husband he contended that he has been living in a joint mess with his eldest brother, sister-in-law, niece and widow mother but the wife did not like to stay in a joint mess with them and insisted on his separation. He described his eldest brother as a person highly placed in life and he himself is a bank employee. Be that as it may, as and when the present petitioner claimed alimony pendente lite in the matrimonial proceeding contending inter alia that she was not possessed of sufficient means for her own maintenance and for the mainte...
Md. Amir Ali Sardar Vs. Nemai Chand Mondal and anr.
Court: Kolkata
Decided on: Mar-03-1994
Reported in: (1994)1CALLT330(HC)
Rabin Bhattacharyya, J.1. The petitioner-respondent has preferred application under the Contempt of Courts Act, 1971, for committing the appellant-opposite party for contempt and for taking appropriate action against him by the reason of flouting the order passed by my learned brother Hon'ble Mr. Justice J.N. Hore on 1.9.1992.2. Bereft of details, the facts of the case are that the appellant-opposite party No. 1 filed a suit for declarat on of title alongwith ancillary reliefs before the learned court of Munsiff. The trial court decreed the claim in part against which an Appeal being Title Appeal No. 204 of 1983 was initiated by the petitioner-respondent of this Appeal as a defendant-appellant before the 1st Court of Appeal.3. The aforenoted Appeal, however, succeeded and the Appeal decreed. The Court of the 1st Appeal, however, dismissed the suit when the instant Appeal arose for reversal of the judgment and decree of the Court of Appeal.4. During the currency of the instant Appeal be...
Nipha Machinery Manufacturers Pvt. Ltd. Vs. C.E.G.A.T.
Court: Kolkata
Decided on: Mar-02-1994
Reported in: 1994(71)ELT680(Cal)
ORDERAjoy Nath Raj, J.1. Both these Writ applications [(CO. 6151 (W) of 1990 and CO. 7043 (W) of 1990] are disposed of by the same order, as they raise identical issues.2. These Writs contain two sets of prayers. The first set of prayers is for quashing of three orders passed respectively by the Assistant Collector, the Collector and the Tribunal refusing refund of moneys to the Writ Petitioner. The second set of prayers is for refund of the money itself which is claimed by way of a separate substantive relief in the writ applications. The sums claimed are Rs. 1,13,005.36 and Rs. 7,285.65.3. These sums were paid by the Writ Petitioners for periods prior to April 1981. The Writ Petitioner, at that material time, was, as is the indisputable position, a small scale manufacturer, satisfying all the reqirements for total exemption from payment of excise duty even in respect of the goods manufactured by it, which were in their nature, excisable.4. The existence of the exemption Notification ...
Bengal Ruby Mica Supplies Co. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Mar-02-1994
Reported in: 1994(48)ECC100
Ajit K. Sengupta1. This suit has been instituted in the year 1969 by Bengal Ruby Mica Supplies Co., a partnership firm, claiming a decree for Rs. 1,05,745.25. The case of the plaintiff who carries on business, inter alia, as a dealer in and exporter of mica, is as under:2. By a notification bearing No. 18/3/66-1 & RC dated June 6, 1966, the Government of India in exercise of its powers under Section 4A of the Indian Tariff Act, 1934, imposed duty at the rate of SO p. per kg on the export of mica of all types from India. By another notification dated June 15, 1966, the Government of India imposed export duty on mica of all sorts at the rate of 40% ad valorem instead of SO p. per kg. By a further notification dated June 27, 1966 issued by the Government of India, it was provided that the notification dated June 15, 1966 should be deemed to have come into force on June 6, 1966.3. At all material times a cess at the rate of 2 % ad valorem was leviable on all types of mica exported from Ind...
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