Kolkata Court March 1995 Judgments
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Texmaco Limited and O.P. Jhunjhunwalla Vs. Deputy Director, Enforcemen ...
Court: Kolkata
Decided on: Mar-21-1995
Reported in: [1997]88CompCas228(Cal),1998(60)ECC504
Ruma Pal, J.1. These appeals involve the interpretation of Section 16 of the Foreign Exchange Regulation Act, 1973. Section 16 reads as follows :'16. Duty of persons entitled to receive foreign exchange, etc.-(1) No person who has a right to receive any foreign exchange or to receive from a person resident outside India a payment in rupees shall, except with the general or special permission of the Reserve Bank, do or refrain from doing anything, or take or refrain from taking any action, which has the effect of securing - (a) that the receipt by him of the whole or part of that foreign exchange or payment is delayed, or (b) that the foreign exchange or payment ceases in whole or in part to be receivable by him. (2) Where a person has failed to comply with the requirements of Sub-section (1) in relation to any foreign exchange or payment in rupees, the Reserve Bank may give to him such directions as appear to be expedient for the purpose of securing the receipt of the foreign exchange...
Pancha Mayurakshi Cotton Mills Employees Union and ors. Vs. the State ...
Court: Kolkata
Decided on: Mar-20-1995
Reported in: [1995(71)FLR507],(1996)ILLJ132Cal
Bhagabati Prosad Banerjee, J.1. In this appeal, we have been called upon to decide the question whether the imposition of terms and conditions of service violating the provisions of the Industrial Disputes Act, 1947 by a company which is wholly and fully owned and controlled by the State Government comes under the public law domain or private law domain. 2. The facts are not in dispute. The Mayurakshi Cotton Mills Ltd, was purchased by the Government of West Bengal in a court auction sale in a liquidation proceedings of the company. After the purchase of the company, a notification was issued on January 4, 1990 constituting a committee of Management. The said notification reads as follows:- 'Consequent upon the purchase of the assets of Mayurakshi Cotton Mills Ltd., by the Government of West Bengal, the Governor is pleased, pending the formation of a new company, to constitute a Committee of Management with the following members 3. The said company started functioning on and from Febru...
Madhusudan Pal and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-20-1995
Reported in: (1995)2CALLT302(HC)
Satya Brata Sinha, J.1. The petitioner has, inter alia, prayed for issuance of writ in the nature of Mandamus directing the respondents to appoint them on regular services to regularise their services as also for issuance of Certiorari for quashing the order dated 12th December, 1994 passed by the Director of Employment, West Bengal as contained in Annexure 'J' to the writ application. Mr. Kabir, learned counsel for the petitioner, submits that keeping in view the fact that the petitioners have been engaged by the Employment Officer to work as Typist cum L.D. Clerk on daily wages basis and as they have worked for a period of more than 240 days, their services are liable to be regularised. The learned counsel, in support of his aforementioned contention, has relied upon the decision of this court in Jacob M. Puthuparambil and Ors. v. Kerala Water Authority and Ors., reported in : (1991)IILLJ65SC . The learned counsel has further drawn my attention to the fact that the petitioners moved ...
Mahendra Kumar Roongta Vs. the Official Liquidator
Court: Kolkata
Decided on: Mar-16-1995
Reported in: AIR1996Cal146,(1995)2CALLT217(HC)
ORDER1. Two applications have been made in the above matter, the first application has been made by the Official Liquidator, inter alia, praying that the respondent purchaser that is Mahendra Kumar Roongta be directed to take over possession of the movable and immovable assets of the company in liquidation upon payment of the costs and expenses incurred by the official Liquidator from the date of sale till the date of taking over possession of the assets in question, after adjusting the apportioned value of the land measuring four kathas and nine chataks. The Official Liquidator has further prayed that in default the sale in favour of the said Mahendra Kumar Roongta be set aside and leave be given to the Official Liquidator to take steps for resale of the assets of the company (in liquidation) by forfeiting the money deposited by the respondent. The Official Liquidator has also prayed for leave to encash the sum of Rs. 9,00,000/- invested in fixed deposit with the bank and for the disb...
Sibdas Mukherjee Vs. Chief General Manager-i, Eastern Coalfields
Court: Kolkata
Decided on: Mar-15-1995
Reported in: (1997)IIILLJ862Cal
ORDERS.B. Sinha, J.1. The petitioner is aggrieved by an order issued by the respondents appointing one Subhas Mondal. The petitioner's father died on February 23, 1973. Prior to the nationalisation of coalmines, it can safely be presumed that his father had been working in the colliery which was under the private ownership. Coal Mines (Nationalisation) Act, 1973, although received the assent of the President of India on May 31, 1973, it was given a retrospective effect and retroactive operation with effect from May 1, 1973. It is, therefore, evident that prior to the nationalisation of the said colliery, the petitioner's father died. Learned counsel for the petitioner, when questioned, did not dispute that there existed no policy decision to appoint a dependent of a deceased employee in the colliery in question which was these under private management. A purported policy decision was made for the first time by issuing a circular letter dated June 30, 1989, wherein it was stated :'Under...
Pranab Kumar Mukherjee Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-15-1995
Reported in: (1996)IIILLJ71Cal
Satyabrata Sinha, J.1. This Application is directed against an order of transfer which is contained in Annexure 'C' to the writ application. Mr. Sen, learned Advocate appearing for the petitioner submits that one of the daughters of the petitioner is appearing in the Higher Secondary Examination which would start on 30th of this month and another son of his who is reading in Class XI Eco-Science course in St. Xavier's college whose session would be over by December 1995. The learned counsel, therefore, submits that keeping in view the fact that in the event the order of transfer is effected, the children of the petitioner would suffer immensely, the impugned order should he quashed. The learned counsel, however, very fairly states that the petitioner is not averse to transfer and he undertakes to join the transferred post in January 1996.2. The learned counsel in support of his submission has placed before me a decision of the Supreme Court of India in Director Of School Education, Mad...
G. Kalyan Sundaram Vs. Uco Bank and anr.
Court: Kolkata
Decided on: Mar-15-1995
Reported in: (1995)2CALLT201(HC)
Satyabrata Sinha, J.1. The petitioner, in this application, has inter alia, prayed for the following reliefs :-'(a) A writ in the nature of Mandamus commanding the respondent to give your petitioner notional promition declaring your petitioner as a member of the officer's cadre since October 1977 without break and to give him fixation of pay from the same date.(b) A writ in the nature of certiorari calling upon the respondents to transmit the records and all decisions relating to the instant writ petition to the Registrar, Original Side of this Hon'ble High Court so that conscionable justice may be rendered to your petitioner.(c) A writ in the nature of prohibition prohibiting the respondents not to insist for any undertaking from the petitioner and to act according to law ;2. The facts of this case, shortly stated, are as follows :-The petitioner was appointed as a Clerk by the respondent bank in 1966 and in the year 1977 he was promoted to the Officers' Cadre. The petitioner became a...
income-tax Officer Vs. Manindra Nath Dutta
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Mar-14-1995
Reported in: (1995)54ITD685(Kol.)
1. This is an appeal instituted by the department against the order of the CIT (Appeals) for the assessment year 1987-88 on the following grounds : (i) That on the facts and in the circumstances of the case, the learned CIT (Appeals) erred in cancelling the assessment order made under Section 144 on 20-3-1990 for the assessment year 1987-88. (ii) That on the facts and in the circumstances of the case, the learned CIT (Appeals) was not justified in submitting additional ground of appeal without giving reasonable opportunity to the Assessing Officer. (iii) That on the facts and in the circumstances of the case, the learned CIT (Appeals) was not justified in deleting the addition of Rs. 1,22,500 assessed under Section 69B of the I.T. Act, 1961. (iv) That on the facts and in the circumstances of the case, the learned CIT (Appeals) was not justified in deleting the addition of Rs. 20,000 on account of sale of gold dust.2. The first and second grounds relate to cancellation of the assessmen...
Magnum Exports (P.) Ltd. Vs. Assistant Commissioner of
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Mar-09-1995
Reported in: (1995)54ITD425(Kol.)
1. The assessee is a private limited company engaged in the export of garments. In this appeal we are concerned with the assessment year 1989-90 corresponding to the accounting year ended on 31-3-1989.2. During the assessment proceedings, the Assessing Officer noticed that there was no export of garments during the year and that the receipts of the assessee consisted of duty draw back and sale of R.E.P.licence received against earlier exports. In the course of scrutiny of the accounts he found that the assessee had not taken into account the amount of Rs. 7,25,854 received by the assessee as sale proceeds of the export quota, while computing the taxable income. The assessee contended that the sale proceeds represented capital receipt since the export licence which was sold related to the capital structure or the very frame work of the business. It was also pointed out that the assessee did not deal in export licences and it was no part of its business to purchase and sell or in any ma...
Anand and Co. Vs. Assistant Commissioner of
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Mar-08-1995
Reported in: (1995)54ITD82(Kol.)
1. This appeal is by the assessee and it is directed against the order of the CIT passed under Section 263 of the Income-tax Act.2. The assessee is a partnership firm carrying on business in export of hosiery goods as well as in knitting In respect of the export of hosiery goods the assessee is eligible for deduction under Section 80HHC of the Act While claiming the deduction, the assessee treated the interest of Rs 13,14,045 on fixed deposits with banks as its income from business and claimed deduction on that amount also The claim was allowed by the Assessing Officer when he completed the assessment under Section 143(3) of the Act.3. On 25-7-1991, the CIT issued notice to the assessee under Section 263 He observed that the interest was taxable under the head "Other sources" and the Assessing Officer had wrongly treated the same as business income and had also allowed deduction under Section 80HHC on the same The CIT was of the view that this action of the Assessing Officer was erron...
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