Kolkata Court April 1996 Judgments
Smt. Santi Rani Dalal Vs. Thika Tenancy Controller and ors.
Court: Kolkata
Decided on: Apr-24-1996
Reported in: (1996)2CALLT247(HC)
Nikhil Nath Bhattacharjee, J.1. In this writ application the petitioner has prayed for a declaration that the Civil Court's Judgments and decrees passed in the self-same matter from the Munsif Court upto the Supreme Court are nullity and has also prayed for stay of the concerned Title Execution case No. 10 of 1985 pending before the Second Court of Munsif at Sealdah. It may be staled at the outset that the said Title Execution case has since been disposed of by delivery of possession on the eviction of the petitioner and on that ground alone the writ petitioner has become Infructuous.2. The writ petitioner filed title suit No. 496 of 1970, renumbered as 88 of 1978 for declaration of Thika Tenancy in the suit property and the private respondents filed Title Suit No. 396 of 1969, renumbered as 87 of 1976 for eviction of the licensee being the writ petitioner. The two suits were heard analogously and on 10th March, 1976 the learned 2nd Munsif, Sealdah dismissed the suit of the writ petiti...
Tag this Judgment!Ganesh Chandra Saha Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Apr-23-1996
Reported in: (1996)2CALLT325(HC),100CWN1138,[1997(75)FLR862],(1997)IIILLJ843Cal
Nikhil Nath Bhattacharjee, J. 1. The petitioner has challenged the order dated January 19, 1985 passed by the learned Judge, Seventh Industrial Tribunal, W.B. in case No. 12 of 1980 under Section 33(2)(b), Industrial Disputes Act. The facts of the case are as follows :2. In October 1974 the petitioner Ganesh Ch.Saha was appointed as a security guard by the Divisional Manager (Personnel), Indian Tourism Development Corporation and was posted at Airport Hotel, Dum Dum, Calcutta. In the year 1979 the petitioner was selected and given a substantive appointment in the post of Security Inspector by the Respondent No. 2, the General Manager, Hotel Airport Ashok and since then till his dismissal the petitioner has been working as the Security Inspector under Respondent No. 2.3. It is petitioner's case that Sri Ashok Mukherjee, the General Secretary of the Union recognised by the management, in conspiracy with the Security Officer of the Airport Hotel, cooked up a story containing allegations a...
Tag this Judgment!Taiping International Vs. Collector of Customs
Court: Kolkata
Decided on: Apr-23-1996
Reported in: 1997(89)ELT457(Cal)
Ruma Pal, J.1. The appellants had exported goods to India in July, 1988. According to the appellants, the goods were copper scraps and exported as such. According to the appellants, the goods were sent in two consignments in the names of two importers, namely, P.K. Kajaria and U.K. Kajaria (hereinafter referred to as 'the importers'). The payment for the goods was to be made through the Bank by retiring the documents of title to the goods. The importers failed to retire the documents. The documents were returned to the appellants' Banker in Singapore. The goods continued to remain at the Port of Calcutta.2. In August, 1988 the goods were seized by the Customs Authorities. The appellants prayed to the Customs Authorities for leave to re-ship the goods as the title in the goods had not yet passed to the importers. The Customs Authorities refused. Instead, two Show Cause Notices, both dated 23rd February, 1989, were issued by the Customs Authorities to the importers alleging that they had...
Tag this Judgment!Mrs. Raushan Ara Alias Suraiya Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-22-1996
Reported in: (1997)1CALLT89(HC)
Asish Baran Mukherjee, J. 1. This revisional application preferred under Section 401 and 482 Cr.PC has been filed in order to quash the CGR Case No. 3116 of 1995 arising out of section 'Y' Case No. 216 dated 19.9.95 as also to set aside the order dated 4.4.96 passed by the learned Sub-Divisional Judicial Magistrate, Alipore in the said case. 2. The case of the petitioner in short is that her father is an Indian Citizen having his permanent place of residence in Calcutta. The petitioner was born in Calcutta on 2.12.71 and as such she is a citizen by birth and was also a permanent resident of Calcutta. Her marriage was celebrated on 9.10.93 with one Pakistani national, Mr. Zahid Ahmed of Karachi and therefore, she left with her husband in Karachi to lead a matrimonial life. She left India on the basis of an Indian passport being C-058173 dated 20.8.87 issued by the Regional Passport Office in Calcutta. 3. While staying at Karachi the petitioner was insisted upon by her in-laws and under ...
Tag this Judgment!Sri Sri Kantha Dhari Math Trust and ors. Vs. Sona Biswas and ors.
Court: Kolkata
Decided on: Apr-22-1996
Reported in: (1996)2CALLT458(HC)
Debi Prasad Sarkar-II, J.1. This Judgment governs CO. Nos. 679/1995, 680/ 1995,682/1995 ad 683/1995 arising out of the same facts and circumstances and the petitioner-plaintiffs being identical in all the four cases.2. The petitioners are trustees appointed by the Court of learned District Judge, 24-Parganas in Suit No. 16/1987 in respect of the property including the temple and its deities and other adjoining properties popularly known as Kantha Dhari Math situated at 7, Roy Mathura Nath Chowdliury Street within Baranagar P.S. The name of the Math borrows its origin from the fact that Mahapravu Chaitanya Deva passed a night In that Math and was kind to leave behind his 'kantha' vised by him in that Math.3. All the cases arises out of Title Suits for eviction of the tenant/ Opposite Parties. The members of the Trust Board instituted separate suit against five tenants. But during the pendency of those suits, the opposite Party Nos. 2 to 5 filed petitions before the learned. Munsif where...
Tag this Judgment!Shri Guru Prosad Lal and Sri Arun Kumar Jha Vs. Coal India Limited and ...
Court: Kolkata
Decided on: Apr-19-1996
Reported in: (1996)2CALLT70(HC)
Dipak Prakas Kundu, J.1. These two matters were heard analogously common arguments were made for both the two cases. Since affidavits have been filed by the parties to the litigation,, they have agreed to have the matters finally heard.2. Both Shri Guru Prosad Lal and Shri Arun Kumar Jha are employees of Coal India Ltd. By Order No. C1L: C-5(A)(iii)/929 dated 18-9-1987 issued by the Chairman-cum-Managing Director, Coal India Ltd., the services of Shri Guru Prosad Lal was sought to be terminated in purported exercise of power under amended Clause 12.4(i)(c) of the Commom Coal Cadre of Coal India Ltd. Rules. Similarly, the services of Shri A.K. Jha was also sought to be terminated by virtue of order No. CIL:C-5(A)(iii) 930 dated 18-9-87 issued by Chairman-cum-Managing Director, Coal India Ltd., in purported exercise of power under amended Clause 12.4.(i)(c) of the Common Coal Cadre of Coal India Ltd. Both the aforesaid orders of termination were set aside in view of Hon'ble Supreme Court...
Tag this Judgment!Terai Overseas Limited Vs. Assistant Collector of Customs
Court: Kolkata
Decided on: Apr-19-1996
Reported in: 1996(88)ELT324(Cal)
ORDERArun Kumar Dutta, J.1. The Applicant, the Assistant Directorate of Revenue Intelligence, Calcutta Zonal Unit, Ministry of Finance, Department of Revenue (hereinafter referred to as Applicant) has, by the instant application, prayed the Court for leave to be added as a Party-Respondent to the instant Writ Proceedings and/or to be allowed to intervene in the instant Writ Proceedings, along with some other prayers made therein, contending, inter alia, that he has a direct interest in the subject matter of the goods in question which were attempted to be exported by the Writ Petitioner, M/s. Terai Overseas Limited (hereinafter referred to as Petitioner), in the facts and circumstances stated therein.2. It is contended by the Applicant that if the goods in question are allowed to be examined by him in accordance with the provisions of Section 106 A of the Customs Act, 1962 (hereinafter referred to as the said Act) it would clearly reveal that the Petitioner had attempted to export the ...
Tag this Judgment!J.N. Sapru Vs. Assistant Commissioner of
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Apr-18-1996
Reported in: (1996)59ITD240(Kol.)
1. The assessee at the material time was the Chairman of ITC Ltd. He was for sometime in the past suffering from a serious kidney disorder and was under treatment in India till about mid-November 1984.Thereafter, he took medical advice which suggested that he undergo surgery on emergency basis and it was also suggested that he go to London for the surgery. While proceeding to London, it is common ground, that the company made available to the assessee the necessary foreign exchange for payment of hospital expenses and incidental expenses, of course, with the approval of the Reserve Bank of India.The assessee underwent the surgery which turned out to be successful.He was advised post-surgery care in England and he was required to stay there for some more time. He stayed in London till the end of January 1985. The assessee's wife Mrs. Gita Sapru had also gone to London to attend to the assessee and her living expenses, along with those of the assessee were also initially provided by the...
Tag this Judgment!Dipak Saha and ors. Vs. Jatindra Mohan Roy and anr.
Court: Kolkata
Decided on: Apr-17-1996
Reported in: (1997)1CALLT277(HC)
Bijitendra Mohan Mitra, J. 1. The instant revisional application is taken up for hearing on contest being directed against the judgment and decree dated 3rd March, 1993 passed by the 10th Bench of City Civil Court at Calcutta in T.S. No. 1529 of 1986. By the impugned order, a suit which is off-shoot of a proceeding under Section 6 of the Specific Relief Act stood dismissed on contest The proceeding has a chequered background and a list of dates has filed before this Court indicating the marathon course of litigation in order to impress upon this revisional forum that the trouble of the decree holder has started after passing of the decree. Be that as it may, the plain case in brief is that the plaintiff got possession of a suit room as described in the schedule to the plaint on 7th April, 1986 in execution of the decree passed in S.C.C. Suit No. 4671 of 1978 against one Nanda Dulal Manna who is alleged to have been a licensee over there. The plaintiff No. 1 was present at the time of m...
Tag this Judgment!Shri Sudarsan Sanki Vs. the State of West Bengal
Court: Kolkata
Decided on: Apr-16-1996
Reported in: (1996)2CALLT5(HC)
Asish Baran Mukharjee, J.1. The appeal arises out of conviction and sentence passed by Judge, special Court under E. C. Act, Midnapore on 30.1.88 in DEBGR Case No. 51/84 arising out of Ghatal P.S. case No. 5 dated 8.9.84 whereby the accused apppellant was sentenced to S.I. for 1 year and fine of Rs. l,000/-in default further S.I. for 1 month.2. The case of the prosecution in short is that in course of inspection of the shop rooms of the accused appellant on 8.9.84 the Inspector found mobil oil and high speed diesel oil exposed for sale. The stock book for mobil oil was written up to 8.9.84 one stock cum rate board was also found under the name of the accused appellant which was written up to 1.9.84 and stock of mobil oil and HSD oil were shown as 665 litres and 662 litres respectively. The appellant had a licence for lubricating oil but there was no licence for keeping HSD oil whose quantity was found to be 900 litres. Accordingly, for violation of the West Bengal Motor Spirit, and Hig...
Tag this Judgment!- ‹ Prev
- 2
- 3
- Next ›
- Last »