Kolkata Court February 1996 Judgments
Peerless General Finance and Investment Co. Ltd. and anr. Vs. District ...
Court: Kolkata
Decided on: Feb-29-1996
Reported in: [1996]87CompCas273(Cal)
Ajoy Nath Ray, J. 1. These writ applications raise two points. The first point is whether organisations like Peerless and CESC are rendering service to the individual respondents within the meaning of the definition of service as given in Section 2(o) of the Consumer Protection Act, 1986. If these organisations are rendering such service then the second point arises, which is whether the said Act is at all a valid Act. 2. The Supreme Court has already spoken on the Consumer Act on at least three occasions. Those are three reported cases which have been cited on behalf of the respondents. 3. Although due notice was sent to the highest law officers of the country yet their offices sent no special representation for contesting these writ matters. However, a strong contest has been put up both by Mr. Mukherjiand by Mr. Das and, in my opinion, they have left no stone unturned in their attempt to support the Act as a whole and also each and every individual portion thereof. 4. The three Supr...
Tag this Judgment!T.P.S. Builders (P) Ltd. Vs. Assistant Commissioner of Income
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Feb-28-1996
Reported in: (1996)59ITD220(Kol.)
1. This is an appeal instituted by the assessee against the order of the CIT(A) for the asst. yr. 1987-88 on the following grounds : "(1) Because that the learned CIT(A) erred in law as well as in facts in holding that the business loss of Rs. 88,634 could not be allowed to be carried forward. (2) Because that in the facts and circumstances of the case the learned CIT(A) ought to have held that the business loss of Rs. 88,634 should be allowed." 2. Briefly stated, the facts of this case are that the assessee is a partner in a registered firm named, Aicam India. The assessee-company filed the original return on 3rd Feb., 1988, showing total income at nil and the revised return on 10th Feb., 1988, showing loss of Rs. 91,440. The Assessing Officer (AO) finalised the assessment and determined the loss at Rs. 91,940 after adjustment of other sources income of Rs. 11,400 being dividend. The AO finally held that since the return of loss is belated the loss will not be carried forward as per ...
Tag this Judgment!Madan Mohan Kundu and ors. Vs. the State and ors.
Court: Kolkata
Decided on: Feb-28-1996
Reported in: (1996)2CALLT77(HC)
Bijitendra Mohan Mitra, J.1. In the instant petition, on the factual score, it appears that a tender, vide No. 1927 dated 3.8.95, was issued by the Chief Medical Officer of Health of Malda on behalf of the Governor of West Bengal inviting tenders for supply of different articles, as detailed in that notice, to different Government Hospitals and Health Institutions including the Malda District Hospital for the period as mentioned therein. The petitioner has submitted a tender form with the requisite earnest money. The petitioner has made the offer of tender along with other participants and on a given date being 25th August, 1995. A list was caused to be published about the selected Diet Contractors of different Health Districts. The petitioner's name figures in the third item of the first group. The same was caused to be hung up in a Notice Board.2. Pursuant to the direction given by this Court, the relevant records were produced by the learned advocate appearing on behalf of the Gover...
Tag this Judgment!Jitendra Nath Mukherjee Vs. the State of West Bengal
Court: Kolkata
Decided on: Feb-28-1996
Reported in: (1996)2CALLT97(HC)
Asish Baran Mukherjee, J.1. The petitioner being the accused in G.R. Case No. 463 of 1991 pending before the Learned S.D.J.M., Uluberia has prayed for quashing the said proceeding. The case of the petitioner is that he was appointed an agent under Bagnan Co-operative Bank Ltd. in respect of a scheme of daily deposit under the name 'Nitya Nidhi Deposit' scheme. The agents are to approach the prospective depositors and to collect daily deposits from the depositors and to deposit the same with the Bank under the Individual account of the depositors. An agreement was accordingly entered into between them at the time of his appointment as agent. The petitioner is to collect the deposits and used to handover the collection made by him to Shri S.S. Bhattacharya, General Secretary of the Bank at his residence at regular intervals. In the absence of Shri Bhattacharya, the petitioner like other agent used to deposit the collection with his wife Smt. Namita Bhattacharya. None of them ever granted...
Tag this Judgment!Kumar Krishna Mondal Vs. Anjali Mondal and anr.
Court: Kolkata
Decided on: Feb-28-1996
Reported in: 1996CriLJ3134
A.B. Mukherjee, J.1 The revisional application being one under Section 482 Cr. P. C. arises out of an order dated 25-6-92 passed by the Ld. Judicial Magistrate, 2nd Court, Diamond Harbour in Case No. C-1089 of 1986.2. A complaint case was filled by O. P. No, I before the Ld. S.D.J.M., Diamond Harbour under Section 493/496 I.P.C. Cognizance was taken and process was issued against the petitioner. The petitioner surrendered on 5-5-87 and was enlarged on bail. On 14-12-87 the case was fixed for evidence before charge when complainant was present with three witnesses. But Presiding Officer being otherwise engaged, no witness was examined. This process continued and on a number of occasions- no witness could be examined even though the complainant was present with witnesses. The reason for such adjournments were mostly either due to the Presiding Officer being engaged otherwise or the Presiding Officer having been transferred. The first witness was examined on 12-11-91 and evidence conclude...
Tag this Judgment!Collector of Customs (Preventive) Vs. Mahindra Chandra Dey
Court: Kolkata
Decided on: Feb-28-1996
Reported in: 1997(57)ECC93,1997(89)ELT478(Cal)
1. On 20th April, 1985 the appellants say some of their Officers found the Respondent No. 1 in possession of two gold bars and one gold stick as well as some old and broken gold ornaments. The Respondent No. 1 is a dealer in gold ornaments. The recovery was alleged to have been made upon search of the person and the bag in the possession of the Respondent No. 1 at the business premises of one Prakash Yadav. The said Officers took the Respondent No. 1 to the Customs House where a confessional statement was made by the Respondent No. 1.2. In the statement the Respondent No. 1 had first set out particulars of his family and himself as well as his business. The relevant extracts of the confessional statement are:'All the officers (affairs ?) of the shop are being locked after by myself only. Beside the shop I personally sometimes purchase and sell small amount of gold which I purchased from different broker and sell to different person on premium. Actually at present with the showroom in t...
Tag this Judgment!T. P. S. Builders (P) Ltd. Vs. Assistant Commissioner of Income Tax.
Court: Kolkata
Decided on: Feb-28-1996
Reported in: (1997)57TTJ(Cal)96
ORDERR. ACHARYA, A.M. :This is an appeal instituted by the assessee against the order of the CIT(A) for the asst. yr. 1987-88 on the following grounds :'(1) Because that the learned CIT(A) erred in law as well as in facts in holding that the business loss of Rs. 88,634 could not be allowed to be carried forward.(2) Because that in the facts and circumstances of the case the learned CIT(A) ought to have held that the business loss of Rs. 88,634 should be allowed.'2. Briefly stated, the facts of this case are that the assessee is a partner in a registered firm named, Aicam India. The assessee-company filed the original return on 3rd Feb., 1988, showing total income at nil and the revised return on 10th Feb., 1988, showing loss of Rs. 91,440. The Assessing Officer (AO) finalised the assessment and determined the loss at Rs. 91,940 after adjustment of other sources income of Rs. 11,400 being dividend. The AO finally held that since the return of loss is belated the loss will not be carried...
Tag this Judgment!Subal Swarnakar Vs. Malati Swarnakar
Court: Kolkata
Decided on: Feb-23-1996
Reported in: (1996)1CALLT333(HC),II(1996)DMC384
Rabin Bhattacharyya, J.1. This revisional application is directed against order dated 14.9.93 in criminal revision 38 of 1994 arising out of Misc. Case No. 64 of 1989. The motion arose out of an order passed by the learned Judicial Magistrate, Purulia in Misc. Case No. 64 of 1989 dated 20.2.93. 2. To resolve the dispute between the parties, the history of the litigation is briefly indicated : - Both the petitioner and the respondent were married quite a long past at the Chinnamasta Temple, where ritual ceremonies were performed in letter. No dark cloud hovered on the marital life on the two, but with the passage of time, the cloud was set in and the parties fell against each other. Ultimately, the petitioner had to endure the brutalities of the husband aided by the members of his family, which continued to survive until she was driven out by the husband from the marital home. The petitioner's attempt for reunion at the marital home was stalled by the inexorable attitude of the husband ...
Tag this Judgment!Smt. Aloka Devi Alias Aloka Sharma Sarkar Vs. the State
Court: Kolkata
Decided on: Feb-23-1996
Reported in: (1996)1CALLT351(HC)
Rabin Bhattacharyya, J.1. This criminal revision is aimed at for quashing of the proceedings pending disposal before the learned SDJM in respect of PS Case No. 367(8) of 1992 against the petitioners, who are hauled up for having committed offences under Rules 18(1) & 19(1) of the West Bengal (Mines and Minerals) Rules 1973 read with Section 379 of the IPC. 2. In the advent of the criminal proceedings, I think now it is necessary to extract the allegations made by the petitioners in their revisional petition, although no statement of objection filed by the respondents. 3. The investigating agency was booked with a telephonic message on 21.8.92 that Truck No. WBQ 520 loaded with sand was proceeding towards Burdwan with a metioric speed. It raised a loud alarm for the investigating agency. It immediately took up the cudgel of investigation and the offending truck was intercepted on way to Burdwan. 4. While attacking the FIR and the charge-sheet, the petitioners are vociferous that they di...
Tag this Judgment!Sushil Kumar Kajaria Vs. Gul Tara Chand Kripalani
Court: Kolkata
Decided on: Feb-22-1996
Reported in: (1996)1CALLT428(HC)
Barin Ghosh, J.1. In the suit the plaintiff, Sushil Kumar Kajaria, seeks a declaration that an agreement for sale as recorded in the corrected Memorandum of Understanding is valid and binding. The plaintiff then seeks specific performance of the said agreement and other consequential reliefs. The plaintiff has contended that it was agreed between the parties that the defendent would sell and the plaintiff would purchase F.A.R. measuring an area of 15,000 sq. ft. approximately as per Calcutta Municipal Corporation Rules of Premises No. 73, Dr. Meghnath Saha Sarani, Calcutta, on the terms and conditions recorded in the subject Memorandum of Understanding corrected by Mr. P. Bhalodia, an advocate attached with M/s Khaitan & Co. a firm of Solicitors, who was engaged by the defendant for finalisation of the said agreement.2. In this application the plaintiff has sought addition of Rightex Commerce Pvt. Ltd. as a party defendant to the suit. The plaintiff has contended that in an affidavit m...
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