Kolkata Court September 1994 Judgments
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Debabrato Chakraborty and Satadal Bakshi and ors. Vs. Calcutta Municip ...
Court: Kolkata
Decided on: Sep-26-1994
Reported in: (1996)2CALLT371(HC)
Satyabrata Sinha, J.1. The Court: Both these applications involving common questions of law and fact were taken up for hearing together and are being disposed of by this common Judgment.2. The petitioners in these applications, inter alia, have prayed for issuance of a writ of or in the nature of mandamus directing the respondents to withdraw and/or cancel and/or rescind the notices issued by the Superintendent, Gariahat Market, Calcutta asking the petitioners to permanently shift their respective business from the places where they have been holding their shops.3. The fact in Satadal Bakshi and Ors. 's case briefly stated is as follows :4. The petitioners of these applications had been allotted open lands for carrying their respective businesses in the said Market by the Calcutta Municipal Corporation.5. The petitioner No. 1 carries on coal business in Stall Retail No. 54 measuring 1,260 Sq Ft. in area.6. The petitioners Nos. 2 and 3 carry business of Earthen Wares having respective a...
Gautam Kundu Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Sep-26-1994
Reported in: 1995CriLJ3376
ORDERGitesh Ranjan Bhattacharjee, J.1. In this revisional application the petitioner prays for quashing the Criminal Misc. Case No. 355/93 pending in the Court of the learned Chief Judicial Magistrate, Alipore under Section 410, Cr. P. C. In the said case the wife/opposite party herein prayed for withdrawal and transfer of Sec. Q- 1 Case No. 66/91 from the Court of the learned Additional Chief Judicial Magistrate, Sealdah to any other Court. On the basis of a complaint of the wife forwarded under Section 156(3), Cr. P. C. police recorded an FIR and ultimately on completion of investigation submitted charge-sheet on or about 18-1-92 against the accused persons including the husband/petitioner herein under Sections 498A and 406, IPC. In that connection there had been various proceedings in different Courts between the parties. In course of time the de facto complainant/wife filed an application before the Chief Judicial Magistrate, Alipore for withdrawal and transfer of the said Criminal...
Probodh Kumar Bhowmick Vs. University of Calcutta and ors.
Court: Kolkata
Decided on: Sep-26-1994
Reported in: (1994)2CompLJ456(Cal)
Satyabrata Sinha, J.1. Probodh Kumar Bhowmick filed a writ application on the Original Side of this Court questioning the order of suspension dated 8.7.04 being Annexure 'I' to the writ petition, as also a disciplinary proceedings initiated against him.2. Dilara Begum, the petitioner in her application filed on the Appellate Side of this Court, had, inter alia prayed for a direction upon the respondents to produce her answer scripts in connection with her Part-II M. Sc. Examination in Anthropology for their re-examination as also for a direction upon Sri P.K. Bhowmick, Atul Bhowmick; Smt. Ranjana Roy, Sri Goutam Sarkar to pay compensation to her.3. The short facts, leading to the applications, are as follows:The petitioner, Probodh Kumar Bhowmick, (hereinafter referred to as the petitioner has been a Professor of Anthropology of the Calcutta University from 1976. He is to superannuate on 30th September, 1944. On 20th May, 1994 he received a notice issued by the Advocate on Record of Di...
Amal Kumar Ghatak Vs. M/S. S.K. Enterprises Pvt. Ltd. and Others
Court: Kolkata
Decided on: Sep-21-1994
Reported in: AIR1995Cal91
ORDERR. Bhattacharyya, J.1. The un-controverted facis and the proceedings connected therewith have spirelled up to this Court for decision about the fate of the Mission Hill Tea Estate admittedly lying situate within the District of Darjeeling, West Bengal.2. The sensitive facts of the case are that the defendant No. 1, Shri Amal Kumar Ghatak, was plunged into debt and incurred huge loan from M/s. United Bank of India, the defendant No. 2 and to wipe out the loan he intended to sell the Tea Estate. In consequence, he entered into an agreement for sale of the Tea Estate on 9-2-1986, supplemented by the execution of irrevocable power of attorney on 18-2-1986 and the general power of attorney on 17th of April, 19S6, respectively, the chief aim of which was to assume control and management of the Tea Estate. Following the agreement, the plaintiffs paid Rs. 5,00,000.00 in earnest.3. The agreement for sale contained various clauses for transfer, management and maintenance of the Tea Estate a...
State of West Bengal and Others Etc. Vs. Shefali Roy and Others Etc.
Court: Kolkata
Decided on: Sep-20-1994
Reported in: AIR1995Cal86
ORDERN.K. Bhattacharyya, J.1. By these two appeals the State of West Bengal has challenged the order and/or judgment dated 27th September, 1991 passed by Altamas Kabir, J. by which the learned Judge by a common judgment disposed of Matters Nos. 1261 of 1991 and 1281 of 1991 allowing the two writ applications filed by the respective writ petitioners after setting aside the impugned order of requisition, being No. 3 of 1991 dated 25th February, 1991 passed under sub-sec. (1) of S. 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (Act II of 1948) by respondent No. 2.2. According to the learned Judge the purpose mentioned in the order is outside the scope and ambit of sub-sec. (1) of S. 3 of Act II of 1948.3. As by a single judgment both Matters Nos. 1261 of 1991 and 1281 of 1991 have been disposed of and as the appeals have been preferred being Appeals Nos. 718 of 1991 and 719 of 1991 against the said common judgment, both the appeals were taken up for hearing together an...
Gautam Ranjan Basu and ors. Vs. Smt. Shanta Mukherjee and anr.
Court: Kolkata
Decided on: Sep-20-1994
Reported in: 1995CriLJ1131
ORDERN.K. Bhattacharyya, J. 1. By this revision the accused petitioners have challenged the order dated 17-12-93 passed in T. R. No. 231/93 arising out of complaint Case No. 1080/93 by the Judicial Magistrate, 10th Court, Alipur, 24 Pgs. (S) whereby the learned Magistrate permitted the opposite party No. 1 herein, the mother of the complainant, to conduct the case on demise of original complainant as contemplated under Section 302 of the Code of Criminal Procedure, 1973. The fact giving rise to this revision is that originally one Shri Ashok Mukherjee, was a tenant in respect of the entire ground floor including Garrage, Out-house, Servant Quarters, Courtyard at No. 33, Regent Park, Calcutta-700 040.2. On the demise of Shri Ashok Mukherjee his daughter and wife Smt. Monika Bhattacharyya and Smt. Shanta Mukherjee became the tenant in respect of the said tenancy. The complainant Smt. Monika Bhattacharyya was residing in that building in the said tenancy along with her mother and in the O...
Coates of India Ltd. Vs. Deputy Commissioner of Income-tax and ors. (N ...
Court: Kolkata
Decided on: Sep-19-1994
Reported in: [1995]214ITR498(Cal)
Mrs. Ruma Pal, J. 1. Two issues are involved in this writ application, namely, (i) the status of an intimation under Section 143(1)(a) of the Income-tax Act, 1961 (referred to as 'the Act'), and (ii) the scope of the power of an Assessing Officer under Sections 154 and 143(1)(a) of the Act.2. The issues have arisen in the context of the following facts. The assessment year in question is 1991-92. The petitioner filed its return claiming a sum of Rs. 5,76,165 on account of loss on fluctuation of exchange. On March 31, 1992, an intimation was issued to the petitioner under Section 143(i)(a) of the Act by the Deputy Commissioner of Income-tax accepting the petitioner's return in toto without making any adjustment. According to the petitioner, the Deputy Commissioner erred in certain other respects which are not material for the purpose of this application.3. On May 13, 1992, and May 3, 1993, the Deputy Commissioner issued two notices on the petitioner under Section 143(2) of the Act calli...
Coates of India Ltd. Vs. Deputy Commissioner of Income-tax and ors. (N ...
Court: Kolkata
Decided on: Sep-19-1994
Reported in: [1995]214ITR504(Cal)
Ruma Pal, J.1. The assessment year in question is 1990-91. The facts of this case and the points urged are the same in all material respects as Matter No. 434 of 1994 (see : [1995]214ITR498(Cal) ). As in that case here there is an intimation under Section 145(1)(a) of the Income-tax Act, 1961 (referred to as 'the Act'), followed by a regular assessment order under Section 143(3). Here too, the assessee's claim of loss on account of fluctuation in exchange rates was allowed under Section 143(1)(a) and disallowed under Section 143(3). The petitioner preferred an appeal from the assessment order under Section 143(3).2. The difference with Matter No. 434 of 1994 (see : [1995]214ITR498(Cal) ) is that in this case the appeal has been decided on July 14, 1993, by the Commissioner of Income-tax (Appeals) with the claim on account of fluctuation of exchange rates being partially allowed. The petitioner has preferred a further appeal before the Tribunal.3. However, again like Matter No. 434 of 1...
Sri Dilip Kumar Dey, Adv. Vs. Mrs. Vishwa Mitra Ram Kumar and Others
Court: Kolkata
Decided on: Sep-16-1994
Reported in: AIR1995Cal31,(1995)1CALLT43(HC)
ORDERJ. K. Mathur, J.1. This appeal is directed against an order passed by the 12th Bench of City Civil Court, Calcutta, allowingthe application under Section 144 of C.P.C. and directing the possession of suit premises to be delivered to the applicant/respondents.2. The appellant before us filed a suit for recovery of possession of the disputed premises under S. 6 of the Specific Relief Act, claiming that he was a tenant in possession in the said premises and that he had been forcibly dispossessed by the defendant/respondents, who claimed to have purchased the property from the original landlord Fide Hussain Ahmed Bhoi & Zainal Baid Ahmed Bhoi, a firm, this suit being No. 107 of 1989 was decreed ex parte on 4-6-1990. On the strength of this decree, the appellant obtained possession on 22-5-1992. The respondents thereupon moved an application for setting aside of the ex parte decree. This was allowed and the ex parte decree was set aside on 5-5-1993. The respondents thereafter initiated...
Oyatape Fibres Pvt. Ltd. and anr. Vs. Collector of Customs
Court: Kolkata
Decided on: Sep-16-1994
Reported in: 1995CriLJ1
ORDERTarun Chatterjee, J. 1. The writ petitioners are traders in various types of dyes, dye intermediaries and other chemicals. The writ petitioners brought from a foreign supplier 300 Kgs. of 'Dispersed Dyes Pink' of German origin (hereinafter referred to as 'the goods') to Calcutta on or about 12th December, 1993. Upon arrival of the goods at the Calcutta Airport, the writ petitioners filed a Bill of Entry for home consumption on 17th of December, 1993 under Section 46 of the Customs Act (hereinafter referred to as 'the Act') before the Customs Authorities at Calcutta for clearance and release of the goods. The goods were, however, not released but were detained by the Intelligence Officer, Directorate of Revenue Intelligence, being the respondent No. 4 in this writ application, by passing an order of detention under Section 110 of the Act on December 23, 1993. On 30th of April, 1994, the writ petitioner received a draft show cause notice issued by the Customs Authorities ' without a...
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