Kolkata Court January 1995 Judgments
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Gopi Krishna Maji Vs. Judhistir Dey and Others
Court: Kolkata
Decided on: Jan-19-1995
Reported in: AIR1995Cal263,(1995)1CALLT260(HC),100CWN190
ORDER1. The present revisional application is directed against Order No. 17 dated 9-12-1994 passed by the learned 2nd Judge, City Civil Court at Calcutta in Title Execution, Case No. 55 of 1994. In the connected execution proceeding, an application for police help was filed under the caption of section 151 of the Code of Civil Procedure. The decree holder filed the said petitions stating, inter alia, therein he got a decree for recovery of possession of the suit premises. On 9-11-1994 a bailiff of the Court accompanied by the decree-holder went to the suit premises but the bailiff could not deliver possession due to the resistance given by the judgment debtor, his son Gopi Krishna Maji and the daughter-in-law Sm. Shikha Maji. The petitioner-decree-holder has asserted that he is entitled to get the decree executed and to recover possession of the suit premises through police help. The learned Judge in the Trial Court by making a reference to a decision reported in 92 C.W.N. 507 and anot...
Kalipado Saha Vs. Lila Rani Saha
Court: Kolkata
Decided on: Jan-19-1995
Reported in: (1995)1CALLT204(HC),I(1995)DMC594
Satya Brata Sinha, J.1. The First Appeal is directed against the judgment and decree dated 28th September, 1989 passed by Sri. R.N. Kali, 2nd Additional District Judge, Alipore, in M.S. No. 93 of 1985, whereby and whereunder the learned Court below allowed the application filed by the plaintiff-respondent under Section 9 of the Hindu Marriage Act, 1955 (the Act for short) for restitution of conjugal rights.2. The fact of the matter lies in a very narrow compass :The husband-appellant allegedly married the plaintiff-respondent in Asar 1361 B.S. according to the Hindu rites a village Simuliapara, P.O. Chandpara Bazar, P.S. Gaighata, in the District of 24 Parganas. Out of the said wed-lock a daughter, namely, Shanti Saha was born in May, 1956. In the year 1957, the appellant allegedly left the matrimonial home. It is alleged that the appellant used to send money to the respondent by Money Order, However, from July, 1958, the appellant stopped paying maintenance to the respondent, and, the...
Rallis India Ltd. Vs. Deputy Commissioner of
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Jan-18-1995
Reported in: (1995)53ITD381(Kol.)
1. The assessee is a public limited company. In this appeal we are concerned with the assessment year 1985-86 for which the previous year ended on 31-5-1984.2. In the first ground the assessee challenges the disallowance of Rs. 3.68 crores which represents the assessee's liability in respect of pension payable in future years to the employees who retired during the relevant previous year under the Voluntary Retirement Scheme (VRS for short). In order to reduce the costs and to improve the profitability and overall health of the company the management and non-management staff were offered the VRS by the company. A scheme was formulated and as per the scheme it would remain open from 30-3-1984 to 11-5 1984. The employee who accepts the VRS has to communicate his willingness in writing to the company in the prescribed form. Once an application is filed the same cannot be withdrawn. The management has got the right to accept or reject the application and such action has to be communicated...
Hindusthan Tobacco Company Vs. the First Labour Court and ors.
Court: Kolkata
Decided on: Jan-16-1995
Reported in: (1995)1CALLT172(HC),1995(1)CHN398,99CWN391,[1995(70)FLR895],(1995)IILLJ904Cal
Nisith Kumar Batabyal J.1. This hearing arises out of an application under Article 226 of the Constitution of India. The writ petitioner is a Registered Partnership Firm. The respondent No. 3 was an employee of the said firm. There was an industrial dispute between the employer and the employee and the matter was under adjudication before the Learned 1st Labour Court, West Bengal and was registered as Case No. 29/85 under Section33(C)(2) of the I.D. Act. 1947. During the pendency of (he said proceeding, on January 14, 1993, the respondent No. 3 who was the applicant in that proceeding was absent and the Learned Court was pleased to dismiss the case for default. Thereafter, the respondent No. 3 filed a petition for restoration of the case after setting aside the order of dismissal for default on January 3, 1994. In that petition, the respondentNo. 3 who was the applicant stated that he was delingently conducting the case from 1985 but he was tormented by the acute illness of his wife an...
Gayaram Mondal Vs. State and anr.
Court: Kolkata
Decided on: Jan-13-1995
Reported in: (1995)1CALLT407(HC),99CWN365
Arun Kumar Dutta, J.1. By this Application under Section 439(2) of the Code of Criminal procedure the petitioner-Informant has prayed the Court for cancellation of bail granted to the Opposite-party No. 2-accused, Bejoy Mondal, by the learned Sessions Judge of 24-Parganas (South) at Alipore by his order dated 19th September, 1994 in Criminal Misc. Case No. 5143 of 1994 before him in connection with Bhangore P.S. Case No. 197(9) of 1994 under Sections 147/148/149/325/326/307/304, I.P.C., on the grounds made out therein.2. We had already heard the submissions of the learned Advocates for the petitioner and the Opposite-party No. 1-State of West Bengal. The Opposite-party No. 2-accused Bejoy Mondal did not appear before the Court during the hearing despite due service by Registered post on personal acknowledgement on 21st November, 1994, as appearing from the Affidavit-of-Service filed by the petitioner.3. Upon hearing the submissions of the learned Advocates for the petitioner and the Op...
State Transport Authority, W.B. and Others Vs. Asis Kumar Roy and Othe ...
Court: Kolkata
Decided on: Jan-12-1995
Reported in: AIR1995Cal42,(1995)1CALLT86(HC),100CWN591
ORDERArun Kumar Dutta, J.1. This appeal is directed against the order dated 20th January, 1994 passed by a learned single Judge of this Court in C.O. No. 12381 (W) of1993 before him on the grounds made out therein.2. By filing the relevant writ application, the writ petitioner Asis Kumar Roy (hereinafter referred to as the petitioner) had prayed the Court for, amongst other reliefs, a writ in the nature of mandamus commanding the respondents to issue and grant one permanent stage carriage permit fo'r the route Siliguri to Calcutta on the basis of the application for permanent stage carriage permit (Annexure-'A' to the petition) forthwith for the reasons stated and on the grounds made out therein.3. The learned Trial Judge by his aforesaid impugned order dated 20th January,1994 has been pleased to dispose of the matter by directing the State Transport Authority, West Bengal (hereinafter referred to as S.T.A.) to issue offer letter to the petitioner for permanent stage carriage permit fo...
Commissioner of Income-tax Vs. General Marketing and Manufacturing Co. ...
Court: Kolkata
Decided on: Jan-12-1995
Reported in: [1996]222ITR574(Cal)
K.C. Agarwal, C.J.1. This reference application under Section 256(2) of the Income-tax Act, 1961, has arisen at the instance of the Revenue raising the following question for our opinion :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee was entitled to depreciation allowance on the building, the ownership of which was not transferred to the assessee by the registered deed of conveyance?'The facts relevant for appreciating the question are as follows :The assessment year involved in the case is 1986-87. The assessment under Section 143(3) was completed on September 15, 1986. The Assessing Officer, while completing the assessment under Section 143(3), allowed depreciation on the buildings, viz., (1) Makar Bhavan, Bombay, (2) Blue Garden, Bombay, and (3) Sangam Apartment, Bombay. The total depreciation allowed on the three buildings was Rs. 4,65,572. The Commissioner of Income-tax, however, considered that the order passe...
Maa Kali Motors and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-12-1995
Reported in: (1995)1CALLT333(HC)
Surya Kumar Tiwari, J.1. This appeal arises out of an order passed in Matter No. 2141 of 1993 by one of the Single Judges of this High Court (Hon'ble Kalyanmoy Ganguli, J.) on 19.8.1993. The petitioner applied for grant of temporary permit on March 31,1988. The application was rejected by RTA. The petitioners continued to approach this Court under Articles 226 and 227 of the Constitution. As per orders passed from time to time in writ application by this Court, the appellant continued to ply his Bus on the said route on the basis of temporary permits.2. This court ultimately directed that the RTA should consider the grant of regular permit. The RTA held that at present the route is very much congested and there is no terminal facility available at Calcutta and finally rejected the prayer. This order was challenged before the ld. single Judge of this court. The ld. Judge held that the refusal to issue fresh permit was passed on valid and cogent reasons and hence the writ petition was di...
Dilip Shaw Alias Dula Vs. Swarup Daw and anr.
Court: Kolkata
Decided on: Jan-12-1995
Reported in: (1995)1CALLT327(HC)
Nripendra Kumar Bhattacharyya, J.1. By this revision the petitioner challenged Order No. 13 and Judgment dated 14th June, 1994 in Criminal Motion No. 220 of 1992 passed by the learned Additional District Judge, 3rd Court, Barasat, North 24-Parganas, confirming the order dated 29th July, 1992, passed by the learned Executive Magistrate, Barrackpore, in M.P. Case No. 1842 of 1992, and prayed for quashing of the entire proceedings in those two cases.2. The short background of the case is that opposite party No. 1 herein moved the court of the learned Executive Magistrate, Barrackpore, under Sections 145(1)/145(6)/146 of the Code of Criminal Procedure and the case was registered there as N.P. Case No. 1842 of 1992. In that proceeding the learned Executive Magistrate by his order dated 29th July, 1992 directed drawing up a proceeding under Section 145 read with Section 146(1) Cr.P.C. and appointed I.C., Baranagore Police Station as a Receiver and directed him to attach the scheduled propert...
Commissioner of Income Tax Vs. General Marketing and Manufacturing Co. ...
Court: Kolkata
Decided on: Jan-12-1995
Reported in: (1996)132CTR(Cal)50
K. C. Agrawal, C. J. :This reference application under s. 256(2) of the IT Act, 1961 has arisen at the instance of the Revenue raising the following question for our opinion :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee was entitled to depreciation allowance on the building, the ownership of which was not transferred to the assessee by the registered deed of conveyance ?'.2. The facts relevant for appreciating the question are as follows :The assessment year involved in the case is 1986-87. The assessment under s. 143(3) was completed on 15th Sept., 1986. The Assessing Officer (AO), while completing the assessment under s. 143(3), allowed depreciation on the buildings, viz., (1) Makar Bhavan, Bombay, (2) Blue Garden, Bombay and (3) Sangam Apartment, Bombay. The total depreciation allowed on the three buildings was Rs. 4,65,572. The CIT, however, considered that the order passed by the AO was to the prejudice of the...
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