Kolkata Court August 1994 Judgments
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Bijoy Kumar Das Vs. Registrar, Original Side and ors.
Court: Kolkata
Decided on: Aug-31-1994
Reported in: (1996)1CALLT365(HC)
Satyabrata Sinha, J.1. Although this matter was listed under the heading 'To be mantioned', in view of the fact that the matter was directed to be listed for hearing and with the consent of the parties, it is treated to be on the day's list and the appeal as also the application for stay of operation of the impugned order were taken up for hearing and are being disposed of. 2. The fact of the matter lies in a very narrow compass. This High Court maintains a list commonly known as 'List of Outsiders' for the purpose of their engagement in leave vacancy by way of stop gap arrangement. The name of the appellant was entered in the aforementioned list and appeared at serial No. 7 thereof. He allegedly worked by way of stop gap arrangement in the years 1974 and 1975. According to the appellant, his name for permanent absorption as a Class IV staff of this High Court was to be considered sometimes in the year 1989-90. But, when he was not appointed and the persons whose names appeared below h...
Pawan Kumar Didwani Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Aug-30-1994
Reported in: 1994(48)ECC177,1995LC268(Calcutta)
T.K. Chatterjee, J.1. On or about 4th of May, 1993, in the residence of Sri Pawan Kumar Didwani, who is the writ petitioner, some officers from the Enforcement Department came and conducted a search. After search they took the writ petitioner along with them to the office of the Enforcement Directorate at about 9.30 P.M. on 4th of May, 1993. The respondent No. 5, Sri Samir Mukherjee, interrogated the writ petitioner on 4th of May, 1993. According to the writ petitioner, the writ petitioner was forced to write a statement as per the dictate of the officers of the Enforcement Directorate, particularly, Sri Samir Mukherjee. According to the writ petitioner, the said statement was obtained from the writ petitioner at night under duress, threat and physical assault and it was not his voluntary statement and physical torture on the writ petitioner continued throughout the night of 4th of May, 1993 which resulted in injuries on his body and on 5th of May, 1993 the writ petitioner was produced...
Commissioner of Wealth-tax Vs. Vikram Swarup
Court: Kolkata
Decided on: Aug-26-1994
Reported in: [1997]224ITR698(Cal)
K.C. Agrawal, C.J. 1. At the instance of the Revenue, the following two questions have been referred by the Income-tax Appellate Tribunal under Section 27(3) of the Wealth-tax Act, 1957 (hereinafter referred to as 'the Act'), for the opinion of the High Court :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that liabilities towards (i) provision for income-tax except to the extent of proposed dividend (sic) (ii) provision for gratuity, and (iii) proposed dividend were to be deducted from the value of assets of the company for the purpose of determining the value of unquoted shares of Paharpur Cooling Towers Pvt. Ltd. on the basis of break-up value method in accordance with Rule 1D of the Wealth-tax Rules, 1957 ?2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in upholding the order of the Commissioner of Wealth-tax (Appeals) to the effect that the tax deducted at source appearin...
Md. Rashedur Rahaman Vs. the Collector of Customs
Court: Kolkata
Decided on: Aug-26-1994
Reported in: (1994)2CALLT468(HC),1995LC46(Calcutta),1995(75)ELT774(Cal)
Amal Kumar Chatterjee, J.1. Short point for determination in this application under Section 439 of the Code of Criminal Procedure (hereinafter Code for short) 1973 is whether a person arrested under Section 104 of the Custom Act, is entitled to be released on bail, if he is prepared to and does furnish bail, in accordance with the provisions of proviso (a) to Section 167(2) of the Code on the expiry of period of detention prescribed therein. There was no controversy that if the answer to this question is in the affirmative, then the petitioner before us has to be released on bail without entering into the merits of the case.2. Mr. Mukherjee, the learned Counsel appearing for the petitioner has urged that the provisions of Section 167(2) in its entirety apply squarely to a person arrested under Section 104 of the Customs Act and he has relied heavily upon the decision of the Supreme Court in the Directorate of Enforcement v. Deepak Mahajan and Anr. : 1994CriLJ2269 . In answer to this co...
V.R. Murthy Vs. the State
Court: Kolkata
Decided on: Aug-26-1994
Reported in: (1995)1CALLT33(HC)
Shyamal Kumar Sen, J.1. This Appeal under Section 374 of the Code of Criminal Procedure is directed against the Judgement and Order of conviction and sentence dated the 26th October, 1993 passed by the Court of Learned Sessions Judge, Andaman and Nicobar Islands in Sessions Case No. 9 of 1992 under Section 333 of Indian Penal Code.2. The material facts involved in this appeal inter alia are that the appellant gave a fist/blow on the face of one Shri Chinnappan, an employee of the Port Blair Municipal Board whose duty was to release water in the Village Shadipur where the appellant used to reside at that time. It is the contention of the appellant that there was scarcity of water in the area and the appellant insisted that the said Chinnappan should not put off] the switch. The prosecution case is that duty of the petitioner, Chinnapan is to release the water by opening the valve and thereafter close the same. The Appellant insisted that the water should not be stopped since there was s...
Lt. Col. Dr. S.K. Mitra (Retd.) Vs. Smt. Ramola Bose
Court: Kolkata
Decided on: Aug-26-1994
Reported in: (1995)1CALLT84(HC),99CWN372
Samir Kumar Mookherjee, J.1. This revisional application is directed against Order No. 70, dated 1st of February, 1993, passed by Sri H. P. Chatterjee, learned Assistant District Judge, 10th Court, Alipore, in Title Suit No. 108 of 1989, which was instituted by the opposite party, for eviction of the petitioner, inter alia, on the ground of reasonable requirement for her own use and occupation. In the said suit, the petitioner made an application under Section 17(2) read with Section 17(2A)(a & b) of the West Bengal Premises Tenancy Act, disputing the relationship of landlord and tenant between the parties and for determination of the arrear amounts of rent payable by the petitioner. The said application was heard, in terms of an Order of this Court, along with the issue as to relationship between the parties. At the hearing, both the parties adduced evidence, and, by the impugned order, the learned Assistant District Judge found that the parties were related as landlord and tenant and...
Md. Reshedur Rahaman
Court: Kolkata
Decided on: Aug-26-1994
Reported in: 1995CriLJ1177
ORDER1. Short point for determination in this application under Section 439 of the Code of Criminal Procedure (hereinafter Code for short) 1973 is whether a person arrested under Section 104 of the Customs Act, is entitled to be released on bail, if he is prepared to and does furnish bail, in accordance with the provisions of proviso (a) to Section 167(2) of the Code on the expiry of period of detention prescribed therein. There was no controvery that if the answer to this question is in the affirmative, then the petitioner before us has to be released on bail without entering into the merits of the case.2. Mr. Mukherjee, the learned Counsel appearing for the petitioner has urged that the provisions of Section 167(2) in its entirety apply squarely to a person arrested under Section 104 of the Customs Act and he has relied heavily upon the decision of the Supreme Court in the Directorate of Enforcement v. Deepak Mahajan, : 1994CriLJ2269 . In answer to this contention, Mr. Roy, the learn...
Joytilal Chakraborty Vs. Dipak Dutta and ors.
Court: Kolkata
Decided on: Aug-26-1994
Reported in: 1995CriLJ930
ORDERBasudeva Panigrahi, J. 1. This revision is directed against an order of acquittal passed by the Additional Sessions Judge 8th Court, Alipore, 24 Parganas S. T. 4(6) 87 by S.C. 22 (4/87) dt. 4-5-89 Under Section 306/489A I.P.C.2. The prosecution case in brief is thus : Mamata Dutta the youngest daughter of the revision petitioner developed premarital relation with the respondent Khokan which culminated into a lawful marriage without the consent of the revision petitioner and his other family members. Out of the wedlock one female and one male child were born. On 24-5-86, unfortunately, Mamata met an unnatural death at her Matrimonial Home, 25 Casel East Road within Maniktala Police Station. Mamata, of and on, used to complain that her husband and in-laws asked her to get more dowry from her parents. The petitioner willy-nilly paid Rs. 1300/-to 1400/- to his daughter for giving the same to Khakon. On 25th May, '86 between 10-30 and 11 A.M. Khakon's mother Chaya Dutta went to the res...
In Re: Sankar Gope
Court: Kolkata
Decided on: Aug-26-1994
Reported in: (1994)2CALLT254(HC),1995CriLJ1358
ORDERA.K. Dutta, J.1. By this application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as Code), the petitioner-accused Sankar Gope (hereinafter referred to as accused), has prayed the Court for setting aside the orders dated 5-8-94 and 7-8-94 passed by the Sub-Divisional Judicial Magistrate at Tamluk in G.R. case No. 347 of 1994, arising out of Durgachak P.S. Case No. 50 of 1994 dated 1 -8-94 pending before him, and for quashing of the said proceedings, along with the prayer for directing him (accused) to be forthwith released from his illegal detention in connection therewith for the reasons stated in detail and on the grounds made out therein.2. The facts, as are relevant for the present purpose, may shortly be set out as follows :-The accused was arrested in connection with the Kotwali P.S. (Nadia) Case No. 152 dated 30-4-94 pending before the Sub-Divisional Judicial Magistrate (hereinafter shortened into S.D. J.M.) at Krishnagar on the basis of the ...
V.R. Murthy Vs. State
Court: Kolkata
Decided on: Aug-26-1994
Reported in: 1995CriLJ1819
Shyamal Kumar Sen, J.1. This Appeal under Section 374 of the Code of Criminal Procedure is directed against the Judgment and Order of conviction and sentence dated the 26th October, 1993, passed by the Court of learned Sessions Judge, Andaman and Nicobar Islands in Sessions Case No. 9 of 1992 under Section 333 of Indian Penal Code.2. The material facts involved in this appeal inter alia are that the appellant gave a fist blow on the face one Shri Chinnappan, an employee of the Port Blair Municipal Board whose duty was to release water in the village Shadipur where the appellant used to reside at that time. It is the contention of the appellant that there was scarcity of water in the area and the appellant insisted that the said Chinnappan should not put off the switch. The prosecution case is that duty of the petitioner, Chinnappan is to release the water by opening the valve and thereafter close the same. The Appellant insisted that the water should not he stopped since there was scar...
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