Kolkata Court May 1994 Judgments
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Mansural Hasan Vs. Sri Balaram Dey
Court: Kolkata
Decided on: May-20-1994
Reported in: (1995)1CALLT331(HC)
Asok Kumar Chakravarty, J.1. This revisional application is directed against order dated 23rd March, 1994 passed by the learned Additional District Judge, 5th Court, Alipore in Civil Revision No. 94 of 1993 affirming an order being order No. 134 dated 24.8.92 passed by the learned Munsif, 2nd Court, Alipore in Title Suit No. 438 of 1983.2. The only point for consideration in this revisional application is whether some documents which were produced before the learned trial Judge after the closure of the evidence and before argument should have been accepted and admitted in evidence without there being any reason for non-production of documents at the time when they ought to have been produced before the learned trial Court.3. In the instant case the opposite party filed a suit for eviction against the defendant petitioner tenant and in the said suit the tenant challenged the title of the landlord in the suit premises. The documents sought to be filed were the judgment and decree obtaine...
Smt. Mira Sur Vs. State of West Bengal and Others
Court: Kolkata
Decided on: May-19-1994
Reported in: AIR1994Cal212
ORDER1. In this writ petition the petitioner has challenged the decision of the StateTransport Authority (S.T.A.), West Bengal dated the 30th December, 1992 Annexure-P to the writ petition rejecting the prayer of the petitioner for stage carriage permit. The petitioner on 5th August, 1989 made an application before the S.T.A., West Bengal for a permanent stage carriage permit in respect of the route Calcutta to Siliguri. Subsequently the petitioner moved this court by a writ petition which was disposed of by a learned single Judge of this Court by passing the order dated the 2nd May, 1991 requiring the S.T.A. to consider and dispose of the petitioner's application for stage carriage permit on the said route within a specified time. Thereafter the S.T.A. disposed of the application by a resolution dated the 6th June, 1991 by which the petitioner's application was rejected on the ground that the concerned route was a nationalised one and the State Transport Corporations were operating on...
S.P. Jaiswal Estates (P.) Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: May-19-1994
Reported in: 1996(55)ECC26,[1995]216ITR145(Cal)
Suhas Chandra Sen, J.1. The Tribunal has referred the following questions of law under Section 256(1) of the Income-tax Act, 1961 :2. The questions, at the instance of the assessee, arising out of Income-tax Appeal No. 1298/(Cal) of 1983 filed by the assessee are :' (1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the hotel building owned by the company and used for the purposes of carrying on hotel business was not a 'plant' for the purpose of calculation of depreciation ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the company was not entitled to depreciation and extra-shift depreciation on building applicable in the case of plant ? (3) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the company was not an industrial company mainly engaged in the manufacture of goods ? (4) Whether, on the facts and in the circu...
Birla Vidya Vihar Trust and Others Vs. State of West Bengal and Others
Court: Kolkata
Decided on: May-18-1994
Reported in: AIR1994Cal245
ORDER1. In this writ petition the peti-tioners pray for various reliefs including declaration that S. 2(1)(b) of the West Bengal Additional Tax and One Time Tax on Motor Vehicles Act, 1989 is ultra vires in so far as it includes the bus or omnibus registered and owned by any trust or any educational institution or any organisation within the meaning of the term 'Bus of a company'. The petitioners have also prayed for quashing certain letters issued by the respondents requiring the petitioners to take permits for their school buses and also to pay full tax and additional tax under the West Bengal Motor Vehicles Tax Act, 1979 and the West Bengal Additional Tax and One Time Tax on Motor Vehicles Act, 1989. The petitioner No. 1,Birla Vidya Vihar Trust is stated to he a trust created by a deed of trust for the purposes and objects mentioned therein, one of the purposes and objects being to acquire, establish, start, aid, run, maintain or manage schools, colleges and educational institutions...
Rina Sarkar Vs. Paritosh Sarkar and anr.
Court: Kolkata
Decided on: May-18-1994
Reported in: II(1994)DMC392
Nripendra Kumar Bhattacharyya, J.1. By this revisional application under Article 227 of the Constitution of India read with Section 483 of the Code of Criminal Procedure, 1983 the wife-petitioner challenged order No. 2 dated 10th June, 1993 passed by the learned Sessions Judge, Howrah rejecting her revisional application moved against the order of the learned Magistrate rejecting her prayer for maintenance.2. The wife in her application before the Magistrate under Section 125 of the Code of Criminal Procedure, inter alia, alleged that her marriage with the opposite party was solemnised according to Hindu Rites and Customs on 20th May, 1987 and their marriage took place at village Nischindapur P.S. Bally, District-Howrah. Since after her marriage she went to reside at her husband's place of work at Moghal Sarai where the husband worked as a Railway employee. From the very beginning of their conjugal life the husband-opposite party ill-treated her both physically and mentally. A male chi...
Kanti Bhusan Bhowmick Vs. Kalyani University and ors.
Court: Kolkata
Decided on: May-18-1994
Reported in: (1994)2CALLT103(HC)
Samaresh Banerjea, J.1. In the instant writ application, an order dated 31.5.90 passed by the Vice Chancellor of Kalyani University discharging the writ petitioner from service is under challenge, which was passed by the Vice Chancellor in exercise of power under section 10(6) of the Kalyani University Act, 1981 read with section 29(3) of the said Act.2. The facts of the case, bereft of unnecessary details: as it appears from the writ petition, are the writ petitioner was appointed as University Engineer in the University of Kalyani on 14th July, 1988' on probation for one year. The University Engineer is in charge of the Works Department of the University and is whole time officer of the University. After joining the University the writ petitioner allegedly noticed various irregularities in the Works Department and received complaint of serious nature from different corners regarding conduct of the respondent No. 4 i.e., Shri D. N. Bhar, Assistant Engineer of the Works Department, the...
Kanailal Majhi and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-18-1994
Reported in: (1995)1CALLT297(HC),99CWN218
Samaresh Banerjea, J.1. In the instant writ application the question which has come up for our consideration is whether Secretaries of different Gram Panchayats constituted under West Bengal Panchayat Act, 1973 can be declared to be holders of Civil Posts under the Government of West Bengal and whether they are government servant and are entitled to benefit, privileges emoluments, pay etc. as government servants.2. The writ petitioners all whom are Secretaries of different Gram Panchayats have jointly moved the writ application praying for declaration as mentioned above. They were granted leave to sue in representative capacity and thereafter a number of persons holding post of secretaries of different Gram Panchayats were added.3. The writ petition was originally moved on March 23, 1983 before a learned single Judge of this Court when the said writ petition was dismissed by the learned single Judge in limini. Against the aforesaid order of dismissal by the learned Single Judge, the wr...
Lalu Mondal Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: May-17-1994
Reported in: (1994)2CALLT87(HC)
Rabin Bhattacharyya, J.1. Though this case does not bear any, special feature, yet for appreciation of rival claims, the facts of the case when brought to a close reveals that the petitioner-revisionist preferred a revision against an order of the learned SDJM Alipore, 24-Parganas (S) in Behala, PS. Case No. 306(5) of 1993, principally generated for committing offences under sections 320/406 & 120B of the Indian Penal Code.2. The petition, since listed for hearing, as contested application, a direction was given on the petitioner on 4th of August, 1993, to serve copy of the application upon the State, through the learned Public Prosecutor, High Court and also the other opposite party, either personally or by Registered Post with A.D. and file affidavit-of-service at the time of hearing. Most unfortunately, when the revision was called on for hearing on 20.8.1993, none appeared nor any affidavit-of-service had been filed. In consequence, the revisional application, however, stood dismis...
Md. Farooque Vs. State of West Bengal and Others
Court: Kolkata
Decided on: May-16-1994
Reported in: AIR1995Cal98,99CWN31
ORDERJagdish Kumar Mathur, J.1. Md. Farooque the appellant before us claims that he owns a property No. T-44A, Rabindra Sarani, Calcutta and runs a guest house, in it. It yielded a gross amount of Rs.4,13,144/-during the year 1986-87. His earnings from this came to Rs. 5000/- per month approximately. In 1986, the valuation of the building was enhanced. The petitioner filed an objection. He received a notice from the assessor of the Calcutta Municipal Corporation requiring him to appear before Hearing Officer with evidence in support of his abjection, under Section 188 of the Calcutta Municipal Corporation Act, 1980. He was required to appear on 5-6-1986. As he received the letter after the aforesaid date, he would not appear but wrote a letter on 7-6-1986, requesting the assessor to fix another date. The petitioner did not get any reply but received a bill in the month of July 1987. In that bill the valuation was fixed at Rupees 4,12,365/-. The petitioner was required to pay a net amou...
Sanyal Lahiri and Co. Ltd. and ors. Vs. C.B. Paul and ors.
Court: Kolkata
Decided on: May-13-1994
Reported in: 1995CriLJ3945
ORDERBasudeva Panigrahi, J.1. These batch of applications filed under Section 482 of the Code of Criminal Procedure, 1973, between the same parties, having been involved, common questions of fact and law. were heard together and are disposed of under a common order.2. The petitioner No. 1 which is a Private Limited Company having its registered office at 237 D, Manicktala Main Road, P. S. Narkeldanga, Calcutta 54 and the other petitioners as its Directors have filed these applications to quash the batch of complaint cases Nos. C/125/90, C/126/90, C/127/90, C/128/90, C/129/90, C/130/90, C/185/90, C/186/90, C/187/90, C/188/90, C/1028/89, C/1029/89, C/1030/89, C/1031/89, now pending before the Learned Additional Chief Judicial Magistrate, South 24-Parganas at Sealdah lodged by the opposite party No. 1 Provident Fund Inspector, West Bengal, 44, Park Street, Calcutta-16 under Section 14(1A), 14A(1) of the Employees' Provident Fund Act of 1952 read with para 76-B of the Employees' Provident ...
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