Kolkata Court January 1996 Judgments
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Union of India (Uoi) and anr. Vs. Ashim Kumar Acharya Chowdhury and or ...
Court: Kolkata
Decided on: Jan-18-1996
Reported in: (1996)1CALLT473(HC)
Satyabrata Sinha, J. 1. This appeal is directed against a judgment and order dated 1st October, 1985 passed by a learned Single Judge of this Court in Civil Rule No. 15137(W) of 1981, whereby and whereunder the said learned Judge allowed a writ petition filed by the respondents.2. Admittedly, a seniority list was published in the year 1980. According to the writ petitioners, they were seniors to the respondents No. 7 to 57 on the basis of their date of entry in the service as also on the basis of the date of entry in the grade. They filed a representation but the same was not allowed, inter alia, on the ground that they should make individual representation. Their further representation was also rejected. The appellants, being respondents in the Civil Rule, inter alia, in their affidavit-in-opposition filed therein, contended that the circular letter dated 9.4.70 upon which the writ petitioners had put strong reliance had no application in the facts and circumstances of the case inasmu...
Mina Devi Kedia Vs. Sita Devi Kedia
Court: Kolkata
Decided on: Jan-18-1996
Reported in: (1996)1CALLT355(HC)
Basudeva Panigrahi, J.1. The legal representatives of the original judgment debtor Satya Narayan Mussaddi have filed this present revision. The facts leading to this revision are as follows:- The opposite party decree holder instituted the titile suit No. 2104/80 and 2105/80 against the original judgment debtor Satya Narayan Mussaddi and one Tilok Chand Mussaddi for eviction and others ancillary reliefs. In the aforementioned suit both the defendants contested the same by filing the written statement. The suit was however, decreed on contest against them. The original judgment debtor preferred an appeal in this court being. Appeal No. 225 and 226 of 1987 which was also dismissed. Pursuant to the original decree passed by the Trial Court the opposite party levied execution against the original judgment debtor. The revisionist allegedly received an information that the opposite party decree holders started execution against him and substituted the name of the legal representatives of the...
B.N. Jhunjhunwalla Charity Trust Vs. Assistant Director of Income-tax
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Jan-17-1996
Reported in: (1996)58ITD135(Kol.)
1. This appeal is instituted by the assessee against the order of the DC (Appeals) for the assessment year 1981-82.2. Although the assessee has raised four grounds, the sum and substance of all of them is that the DC (Appeals) erred in holding that the business loss of Rs. 1,05,000 in share transaction is to be set first against capital gains of Rs. 76,301 before any deduction under section 80T of the Income-tax Act 1961 even when the assessment is made on a positive total income of Rs. 34,586.3. In short, the facts of the case are that the assessee has declared a loss of Rs. 1.05.000 against the share transactions as business loss and also has shown capital gains of Rs. 76,301 on sale of investment relating to the stock of the assessee shown in his shareholding with several companies including that of Texmaco Ltd. The assessee has earned capital gain of Rs. 76,301 as the shares relating to Texmaco Ltd. have been sold. According to the ITO the assessee claimed the set off of loss on t...
Satya Brata Shome and ors. Vs. West Bengal Industrial Development Corp ...
Court: Kolkata
Decided on: Jan-17-1996
Reported in: (1996)2CALLT1(HC)
Satyabrata Sinha, J.1. This appeal was originally filed by three persons who were the writ petitioners before the learned Trial Court. During the pendency of this appeal the appellants Nos.l and 3 were reverted to their parent department and thus Mr. Das, learned Counsel appearing on the behalf of the appellant did not press this appeal on behalf of the said appellants before this Court. We are concerned with the case of the appellant No. 2 alone.2. The fact of the matter lies in a very narrow compass.3. The appellant No. 2, Madhusudan Das at the relevant time was an employee of the State of West Bengal. Upon coming into the West Bengal Industrial Development Corporation (A Government of West Bengal Undertaking) the respondent No. 1 herein, several employees were appointed on deputation. The appellant No. 2 was one of them. He has been placed by his parent department at the hands of the respondent No. 1 and joined the post on 29.2.1980. The respondent No.l sought for objection from the...
Aditya Chandra Agarwala Vs. Assistant Commissioner of
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Jan-16-1996
Reported in: (1996)58ITD162(Kol.)
1. This appeal is instituted by the assessee against the order of the CIT (Appeals) for the assessment year 1988-89 mainly on the following grounds : "1. The Commissioner of Income-tax (Appeals) erred on the facts of the case and in law in confirming that the Income-tax Officer was justified in treating a sum of Rs. 76,618 'income from house property'. 2. On proper appreciation of the facts of the case and correct construction of law the Commissioner of Income-tax (Appeals) should have held that the said sum Rs. 76,618 relating to earlier period could not be treated as income from house property for the year under consideration." 2. Briefly stated, the facts of this case are that on scrutiny of return of income the Income-tax Officer found that the assessee has received an arrear of rent of Rs. 76,618 in this year but the same has not been included in the income of the assessee. Before the ITO it was explained and argued by the assessee that since the arrear of rent related to account...
Swapan Kumar Nanda and ors. Vs. Dilip Kumar Sikdar and ors.
Court: Kolkata
Decided on: Jan-16-1996
Reported in: (1996)1CALLT360(HC)
Satyabrata Sinha, J.1. This appeal is directed against an order dated 14. 10.93 passed by this Court in C.O. No. 12562 (W) of 1993 in terms whereof another writ application being CO. No. 12563 (W) of 1993 was also directed to be governed. 2. The fact of the matter is complicated but we do not intend to deal with the factual matrix of the case in the details. In view of the order proposed to be passed by us suffice it to say that one Dr. Dulal Bag was appointed as Administrator of Balurghat High school on or about 19. 1. 89. Some of the guardians who became the members of the Managing Committee of the school questioned the order dated 12. 12. 88 as well as the order extending the terms of the said Administrator and by an order dated 19.1. 89 an interim order was granted in terms of prayer (d) and (e) for a limited period which was extended by an order dated 14. 2. 89. An interview was purported to have been held by the said Administrator for the appointment of the Headmaster and a panel...
Md. Moktar Ali Molla Vs. the State
Court: Kolkata
Decided on: Jan-15-1996
Reported in: (1996)1CALLT345(HC)
Bijitendra Mohan Mitra, J.1. In this writ petition a challenge has been thrown about an order dated 21.8.95 passed by the District Magistrate, North 24-Parganas, Barasat vide Memo No. 1369/GM. From the perusal of the aforesaid Memo it appears that the order is dated 21.8.95 and in the said order police reports are considered and they appeared to have been relied upon. From the reference of the police report it appear that in Village Ghosalati there has already been a Mosque and in the adjoining village there is another Mosque for participation in the religious prosecution of the minority group living in the said village having faith in Islamic religion. There have been further reference in the said order about a report received from S.P. and Additional S.P. of the District that the Muslim population of the village Ghosalati is divided into two groups and there exists a dispute between them. The minority group of the Muslim population in the said village started using a room of the hous...
Western India Industries Ltd. Vs. Central Coalfields Ltd. and anr.
Court: Kolkata
Decided on: Jan-12-1996
Reported in: (1997)1CALLT434(HC)
Shyamal Kumar Sen, J. 1. This is an application for revocation of authority of the Chairman cum Managing Director to appoint sole arbitrator and also for direction to appoint an arbitrator by court. 2. Pursuant to an invitation of Tender for execution of the work of 'construction of Booster Pumping Station at IWSP Kaju' the petitioner submitted its tender which was opened on or about December 15, 1986. 3. Negotiations ensured between the parties in connection with the acceptance of tender and from time to time at the behest of the respondent No. 1 the validity of tender was extended by the petitioner. The revised price bid was submitted by the petitioner on August 25, 1987 and the same was opened by the respondent No. 1 on or about 14th September, 1987. The Tender was accepted on behalf of the respondent No. 1 on or about 23rd July, 1988 and the detailed letter of acceptance was issued in favour of the petitioner on 25th August, 1988. 4. Pursuant to the acceptance of tender, the formal...
University of North Bengal and ors. Vs. Miss Malabika Dhar and ors.
Court: Kolkata
Decided on: Jan-12-1996
Reported in: (1996)1CALLT370(HC)
Satyabrata Sinha, J.1. The appeal arises out of a judgment and order dated 27.4.95 passed by a learned Single Judge of this court in CO. No. (W) of 1995, whereby and whereunder the said learned Judge allowed the writ application filled by the writ petitioners/respondents by directing the appellant University not to cancel their admission and the University authorities were directed to allow the writ petitioners to continue in the concerned course. 2. The fact of the matter bereft of unnecessary details are as follows: The writ petitioners who were 3 in number intended to get themselves admitted in M.A. of the appellant University in Sociology and Social Anthropology. It is not in dispute that for the purpose of taking admission of eligible candidates guidelines have been fixed by the respective Faculty Council, as would be evident from the excerpts of the proceedings of the meeting of the Faculty Council for Post-Graduate Studies in Arts, Commerce & Law held on 22.3.94. In terms of the...
Jitendra Kr. Khan and anr. Vs. the Presiding Officer, Debts Recovery T ...
Court: Kolkata
Decided on: Jan-12-1996
Reported in: (1996)1CALLT319(HC)
Nripendra Kumar Bhattacharyya, J.1. Heard the submission of the learned Advocate for the petitioners Mr. Anil Mukherjee appearing with the learned Advocates Mr. Basudeb Mukherjee, Dilip Chatterjee and the learned Advocate for the opposite party, Mr. Udayan Sen. Considered the materials on record.2. In these revisional applications under Article 227 of the Constitution of India, the petitioners have challenged order No. 10 dated 3-1-96 and 4-1-96 passed by the Presiding Officer of the Debt Recovery Tribunal, Calcutta in T. A. Nos. 335/94 & T. A. No. 336/94 respectively, whereby the learned Tribunal dismissed the petition of the petitioners for deciding the question of Jurisdiction first and then to hear the proceeding.3. As this is a pure question of law, we need not go into the facts of the cases but it will suffice to mention that these are cases Under Section 34 of the Recovery of Debts due to the Banks and Financial Institutions Act, 1993. It was contended before the Tribunal that a...
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