Kolkata Court October 1996 Judgments
Dhanraj Bagaria Vs. S.C. Chatterjee and ors.
Court: Kolkata
Decided on: Oct-18-1996
Reported in: 1997CriLJ823
ORDERAsish Baran Mukherjee, J.1. 9 revisional applications mentioned above were heard together in analogous (sic) since the parties and the points involved are exactly the same.2. Nine criminal proceedings being 125-C/85, 126-C/85, 128-C/86, 132-C/86, 130-C/86, 186-C/86, 133-C/86, 185-C/86 and 13I-C/86 were started against the petitioner and M/s. Shree' Ambica Jute Mills Ltd., for alleged offences under Section 14(2-A) and read with Section 14-A(1) of the Employees' Provident Funds and Miscellaneous Provisions Act of 1952 for alleged omission on the part of the Company to deposit the employers share of Provident Fund contribution for certain periods. In obedience to summons the accused persons entered appearance and were released on bail. The petitioner sought permission to represent the Company by resorting to an application under Section 305 Cr.P.C. which was allowed by the Ld. Magistrate. During pendency of the criminal cases Company went into liquidation by an order of this Court a...
Tag this Judgment!M/S. Atal Tea Company Ltd. and anr. Vs. Regional Provident Fund Commis ...
Court: Kolkata
Decided on: Oct-15-1996
Reported in: (1998)1CALLT257(HC),[1998(79)FLR372],1997LabIC1207
D.B. Dutta, J.1. An order dated 31.7.96 passed by the Regional Provident Fund Commissioner levying damages against the petitioner company under section 14B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the Act) for the failure of the petitioner company to deposit on time (i) Provident Fund Contributions under section 6 of the Act read with para 38 of the Employees' Provident Fund Scheme 1952, (11) Family Pension Fund Contributions under section 6A of the Act read with para 9(1) of the Employees' Family Pension Scheme 1971, (iii) Employees' Deposit Linked Insurance Scheme Contributions under section 6C of the Act, (iv) Administrative Charges under para 38 of the Employees' Provident Fund Scheme, 1952 and (v) Administrative Charges on Deposit Linked Insurance Scheme under section 6C of the Act for the months of September 1978 to October 1988 excepting the months of March 1987 to April 1988, forms the subject matter of challenge in the ...
Tag this Judgment!Kalyan Kumar Mallick and ors. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Oct-15-1996
Reported in: (1998)1CALLT272(HC)
The Court 1. The writ petitioners along with other co-sharers are the landlords/owners of premises No.60A, Collutola Street, Calcutta-700 073. Sometime in June, 1962 Late Kalldas Malllck, the then Trustee and Predecessor-in-interest, inducted Executive Engineer, Urban Drainage Outfall Division, Government of West Bengal. In respect of second and third floor of the building in question being the subject matter of the Instant writ petition at the rate of rental of 0.70 p. per sq. ft. per month exclusive of any Municipal or other taxes. The said third floor is occupied by the office of the Joint Director of Fisheries, Government of West Bengal, at present. At the time of Induction of the aforesaid tenants rent was fixed as payable at the rate of 0.70p. per sq. ft. per month. At the aforesaid rate the rent was paid by the tenant upto 30.9.87. It has been asserted that everslnce Induction the building in question is being maintained and Municipal taxes are defrayed by the joint owners of th...
Tag this Judgment!State of West Bengal Vs. Hindusthan Motors Limited
Court: Kolkata
Decided on: Oct-15-1996
Reported in: (1997)2CALLT171(HC)
Bhagabati Prosad Banerjee, J.1. This is an appeal against the judgment dated November 23, 1984 passed by U.C. Banerjee, J., in Matter No. 1097 of 1983. The point involved in this appeal is whether the respondent Hindusthan Motors Limited is the owner of a registered motor vehicle or owns or keeps in its possession and control any motor vehicle which is liable to pay tax on such vehicles under the provisions of the West Bengal Motor Vehicles Tax Act, 1979.2. The fact of this case, in short, is that the respondent/writ petitioners filed a writ application against three separate demand notices issued by the Taxing Officer (Motor Vehicles), District-Hooghly, bearing Nos. 835/ MV dated 30th June 1981, 1731 M.V. dated 16th October, 1981 and 1442 M.V. dated 6th November, 1982, for Rs. 6,08,341.38p., 4,19,552.15p. and 1,02,896.61p. respectively under the provision of West Bengal Motor Vehicles Tax Act, 1979 being the difference of road tax during the period from 1st June 1979 to 1st July, 1981...
Tag this Judgment!Metropolitan Co-operative Housing Society Ltd. and ors. Vs. Sri Santos ...
Court: Kolkata
Decided on: Oct-15-1996
Reported in: (1997)2CALLT305(HC)
Samir Kumar Mookherjee, J.1. The present application is for recalling an order passed by this Division Bench on 21st August, 1996, preferred by the some of the writ petitioners/respondents in the connected appeal. By the order dated 21st August, 1996, this court, inter alia, passed two directions first to the effect that the words 'by the newly elected Managing Committee' would stand deleted; secon directing the then administrator Sri. S. P. Mitra, notwithstanding his retirement would continue till complete compliance by him as administrator with the corrections of the court passed at the earlier stages of the proceedings. It is pertinent to note at this Juncture that the remuneration of the administrator had been fixed with the consent of the parties at Rs. 1,000.00 per month and that the presents applicant were being represented by three learned Advocates at the relevant time.2. As a ground for recalling of the order it has been urged on behalf of the applicants in the present applic...
Tag this Judgment!illies Ali Vs. State of West Bengal
Court: Kolkata
Decided on: Oct-15-1996
Reported in: 1997CriLJ803
ORDERAsish Baran Mukherjee, J.1. The revisional application has been preferred against the order dated 17-1-96 passed by the Ld. Chief Judicial Magistrate, Malda in N.G.R. case No. 2513 of 1989.2. The case of the petitioner is that on 8-7-89 while he was standing by the side of National Highway No. 34 with 17 (seventeen) pieces of batteries of different sizes with a view to despatch the same, he was arrested by police and the batteries were seized on an allegation of offence under Section 4(1) B.C.L.A. Act. On 26-12-95 an application was filed by the petitioner before the Magistrate praying for discharge on the ground of non-compliance of Section 155(2), Cr. P.C. By impugned order of C.J.M. rejected the prayer of discharge.3. Being aggrieved the present revisional application has been preferred alleging that the impugned order is not in accordance with law since the police machinery did not follow the procedure laid down in Section 155(2), Cr. P.C. It has also been alleged that the mat...
Tag this Judgment!Subrata Chakraborty Vs. State of West Bengal
Court: Kolkata
Decided on: Oct-15-1996
Reported in: 1997CriLJ1262
ORDERAsish Baran Mukherjee, J.1. The revisional case which arises out of an application under Sections 401 and 482, Cr. P.C. has been filed in order to quash the Special Court Case No. 3 of 1996 pending before the Ld. Judge, 3rd Special Court, Barasat and arising out of G. R. Case No. 42 of 82 being Gosaba P. S. Case No. 5/81, dated 9-12-1981.2. The case of the petitioner in short is that on 9-12-1981 while he was acting as the Clerk-in-Charge of the office of J.L.R.O. at Gosaba, an F.I.R. was lodged by the concerned J.L.R.O. on the ground that there was a shortage of cash to the extent of Rs. 5065.76 which was being handled by the petitioner. The petitioner subsequently surrendered on 4-5-1987 and was enlarged on bail. The charge-sheet was submitted on 10-11-1987. Thereafter, there were so many adjournments and ultimately on 14-6-1996 copies of charge-sheet and other documents excepting voluminous documents were supplied to the accused-petitioner. Earlier the petitioner was suspended ...
Tag this Judgment!Anil Kumar Parolia Vs. Md. Shafique Khan and ors.
Court: Kolkata
Decided on: Oct-15-1996
Reported in: 1997CriLJ717
ORDERAsish Baran Mukherjee, J.1. The instant application referred under Sections 401 and 482, Cr.P.C. is with a view to quash a proceeding being C-2136 of 1990 under Section 138 read with Section 141 of the Negotiable Instruments Act hereinafter referred to as the N.I. Act pending in the Court of Metropolitan Magistrate, 5th Court, Calcutta.2. The case of the petitioner is that he is one of the Directors of the Company M/s. Guru Ispat Ltd., having its office at Park Street, Calcutta. It carries on business of manufacturing steel products and for the said purpose they are required to import steel materials from abroad. In March 1990, the company imported 193.080 M.T. of sheet and in order to avoid congestion in the port due to customs clearance, the port authorities allowed the company to discharge the goods through boats. The company accordingly, entered into an agreement with M/s. Golden River Transport Corporation, of which the complainant O.P. No. 1 is the Managing Partner. The agre...
Tag this Judgment!P.K.S. (P.) Ltd. Vs. Assistant Commissioner of
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Oct-14-1996
Reported in: (1997)61ITD477Cal
1. The assessee has instituted this appeal against the order of the CIT (Appeals) for the assessment year 1987-88 mainly on the following grounds :- "(i) That the ld. CIT (Appeals) erred in confirming the disallowance of Rs. 3,58,500 for purchases made by the assessee during the year when actually the goods were received and exported during the current financial year. (ii) That the ld. CIT (Appeals) also erred in having failed to appreciate the facts that even if the purchases are accounted for and reflected as closing stock of the earlier year, the same will be shown as opening stock for the year under appeal." 2. The assessee has filed a petition dated 25-9-1992 for condonation of delay in filing of the appeal along with an affidavit from the Director, Sri S.K. Saha, wherein it is explained that late filing of the appeal is due to mischief of an employee who misplaced the papers and left the service abruptly with the ulterior motive to put the assessee into embarrassing situation an...
Tag this Judgment!Union of India and ors. Vs. Gangadharan Mohandas and anr.
Court: Kolkata
Decided on: Oct-14-1996
Reported in: (1998)1CALLT229(HC)
G.R. Bhattercharjee, J.1. This is an appeal being FMAT No. 2119/96 directed against the order dated 24.6.1996 passed by B.P. Banerjee, J. in C. O. No. 9850(W) of 1996. by which the learned trial Judge allowed the writ application filed by the respondent herein (G. Mohandas) and cancelled the impugned order dated the 15th April, 1996 by which the auction in question was cancelled and also directed the respondent who are appellants herein to take steps pursuant to the order passed by the Lieutenant Governor, Andaman and Nicobar Islands dated the 12th March, 1996 within a specified period.2. On the 7th February, 1996 the Deputy Commission at Port Blair. Andaman published an auction notice notifying that the right to vend beer, wines and other foreign liquor including Indian made Foreign Liquor PMFL) in the shops at 13 specified locations at different places as mentioned therein for the period from the 1st April, 1996 to 31st March, 1997 would be sold by auction in one lot as a single auct...
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