Kolkata Court May 1996 Judgments
State of West Bengal and ors. Vs. Bibhuti Bhusan De and ors.
Court: Kolkata
Decided on: May-27-1996
Reported in: (1997)1CALLT309(HC),100CWN1111
Satyabrata Sinha, J. 1. This appeal is directed against a judgment and order dated 26.4.95 passed by a learned single Judge of this court In Civil Order No. 793(W) of 1993, whereby and whereunder the writ application filed by the writ-petitioners-respondents, who are two in number, was allowed. The fact of the matter lies in a very narrow compass. 2. The petitioner-respondent No. 1 had been working as Superintendent of Narasinghadas Kothari Social Welfare Home, Unit-2 P.O. Banipur and Satya Narayan Chatterjee had been working as a clerk in the office of the Chief Superintendent of the said institution. Admittedly, qualification of the petitioner No. 1 is M.A. in Political Science and that of petitioner No. 2 is M.A. in Islamic History and Culture. Both the petitioners also had B.Ed. Degree. The State Intended to fill up the post of Assistant Teacher in the said institution, where for vacancies notified to the Employment Exchange in the year 1984. An interview was held but therein candi...
Tag this Judgment!Babhnan Sugar Mills Ltd. Vs. Assistant Commissioner of Income Tax.
Court: Kolkata
Decided on: May-11-1996
Reported in: (1997)57TTJ(Cal)72
ORDERR. V. EASWAR, J. M. :This appeal by the assessee relates to the asst. yr. 1993-94 for which the accounting year ended on 31st March, 1993. The assessee is a public limited company engaged, inter alia, in the business of manufacture and sale of sugar. In the assessment proceedings, it claimed exemption from income-tax in respect of a sum of Rs. 1,97,78,396, which represented the excess price realised on levy sugar sold in the market as free sale sugar under the Sugar Incentive Scheme formulated by the Govt. of India. The claim was negatived by the ITO.2. On appeal it was pointed out to the CIT(A) that the matter was covered in favour of the assessee by the order of the Tribunal, dt. 14th May, 1992, for the asst. yrs. 1986-87 and 1987-88 in the case of Balarampur Chini Mills Ltd., with which the assessee-company had since merged. It was further pointed out that for the asst. yrs. 1991-92 and 1992-93, in the assessees own case, the same CIT(A) had decided the matter in favour of the ...
Tag this Judgment!Manju Roy Sarkar Vs. Narendranath Roy Sarkar
Court: Kolkata
Decided on: May-10-1996
Reported in: II(1996)DMC659
Rabin Bhattacharyya, J.Rabin Bhattacharyya, J.1. This criminal revision is directed against an order dated 8.9.1984 passed by the learned Sessions Judge, Uttar Dinajpur in Raigunge in Criminal Revision Case No. 59 of 1994 reversing the order dated 30.9.1993 passed by the learned Judicial Magistrate in Case No. UR-19 of 1991.2. Though the facts have been detailed in the complaint, yet to understand the contention between the parties, I give a brief resume of the facts.3. There is an adage in English that the marriage is made in heaven. It is for the Ecclesiastical C.I.D. to discover the result thereof. But it is not for the human being to make an enquiry of the same as we are concerned with the post- marital state of affairs at the mundane level. We always pine for substantive materials to adjudge the claim, but do not make any chase of the subject, the object of which is intangible.4. The case reveals the chronic malaise of the marital life, where wife bashing becomes the subject matte...
Tag this Judgment!Kalidas Gangopadhyay and ors., Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-10-1996
Reported in: (1997)1CALLT373(HC)
Gitesh Ranjan Bhattacharjee, J. 1. The writ petitioners of all these writ petitions are aggrieved by and victims of the decisions of the School Education Department (Secondary Branch) of the Government of West Bengal as communicated by its Assistant Secretary to the Director of School Education under his No. 904-SE (Secy) dated the 19th December, 1994, the relevant portion of which runs thus :-- 'Sub: Claim for higher scale of Pay from teachers enhancing qualification from Himachal Pradesh University through correspondence course. ***************************** 'The undersigned is directed to refer to the subject noted above and to say that the State Government in Education (School) Department as a matter of policy, have not agreed to recognise a decree/diploma/ Master Degree etc. acquired through correspondence course from any University etc, as equivalent to a regular course conducted by recognized Universities. 'As such, the question of extending the benefit of higher scale for acq...
Tag this Judgment!West Bengal Financial Corporation and ors. Vs. Metcocke (India) Privat ...
Court: Kolkata
Decided on: May-10-1996
Reported in: (1997)1CALLT499(HC)
Samir Kumar Mookherjee, J. 1. This appeal is at the instance of West Bengal Financial Corporation and its three officers. It is directed against the order of a learned single Judge, dated 20th December, 1989, whereby an application for writ, preferred on behalf of respondent No. l, had been partly allowed. 2. Relevant facts are more or less admitted. The respondent No. l obtained loan in different instalments, beginning from 1976, approximately of a sum of Rs. 9.72 lakhs, the interest on which amounted to Rs. 12,63,728,83 and other alleged dues, roughly of Rs. 1 Lakh, which ultimately, according to the appellant, on 28th February, 1987, amounted to Rs. 30,54,000,00 an odd. The said amount was secured by fixed and/ or block assets of the respondent company, including land, building, plant and machinery and the amounts were to be repaid by 15 half yearly instalments, as initially agreed upon. For diverse reasons respondent No. 1, could not repay such loan and, accordingly, upon invocatio...
Tag this Judgment!State of West Bengal and ors. Vs. B.K. Goswami and Bijoy Krishna Goswa ...
Court: Kolkata
Decided on: May-10-1996
Reported in: (1996)2CALLT132(HC)
Rabin Bhattacharyya, J.1 This criminal revision is directed against the Order No. 130 dated 9.7.92 passed by the Judge 5th Special Court, Calcutta in Case No. 1 of 1982 discharging the accused from the case directing forthwith release of the accused from the respective bail bonds.2. The State is highly dissatisfied with and aggrieved by the order of discharge has come up before this court in revision for reversal of the order of the discharge to be replaced by the order of conviction. However, to understand the note of the argument, brief 'resume' of facts is essential.3. The accused No. 1 B.K. Goswami, Technician Bagdogra I.A.F. Exchange on 13.2.80, submitted a T.A. Bill of Rs. 1050/- for the pseudo tour of his wife, mother and daughters in Bus No. UPF-5555 for the period between 15.4.80 to 29.4.80. He submitted a fake bill said to have been issued by accused No. 5. It is notorious to find that not only the wife of the accused No. 1 but also Sulekha, the daughter alleged to have atten...
Tag this Judgment!Ashoka Machine Tools Corporation and anr. Vs. Union of India and ors.
Court: Kolkata
Decided on: May-09-1996
Reported in: (1998)3CALLT197(HC)
A.K. Dutta, J.1. By this writ application under Article 226 of the Constitution of India the writ petitioners, Ashok Machine Tools Corporation and Another (hereinafter referred to as petitioners), have prayed the court for issue of a writ in the nature of mandamus or any other appropriate writ, order or direction directing the respondenis to pay and place at the disposal of the petitioner while refunding the amounting of Rs. 14,56,056 as excess recovered in clearing the goods of the petitioner against Bill of Entry No. 426/ 91 dated 10.8.91 and further to pay interest on the said amount at the rate of 21% per annum from the date of deposit till the date of refund with direction that the amount be paid with interest within 72 hours from the date of grant of Rule', along with the other relief prayed for, for the reasons stated and on the ground made out therein.2. A Gear Hobbying Machine was imported by the Petitioners on the basis of an Import Licence granted to them on 12th November. 1...
Tag this Judgment!Goutam Shantilal Shah Vs. State of West Bengal
Court: Kolkata
Decided on: May-09-1996
Reported in: (1996)2CALLT437(HC)
Tarun Chatterjee, J.1. A question of very great importance has been raised by Mr. Samanta, a learned Advocate of this court on this petition under Article 227 of the Constitution of India. The question is whether a District Delegate under Section 276 of the Indian succession Act, 1925 (hereinafter referred to as the 'Act') can entertain an application for grant of probate of a will in respect of the immoveable property valued at more than Rs. 10,000 of a deceased which is situated outside the limit of this State although moveable assets of the deceased are within its local limit. In order to answer this question, only the facts which are relevant for our purpose are narrated below:An application for grant of probate of a will relating to the estate of one Mohan Lal Lalchad Shah alias M.L. Shah since deceased was made before the District Delegate, 24 Parganas (South) by the petitioner who claimed to have acquired the assets of the deceased on the basis of the will.2. According to the pe...
Tag this Judgment!Dr. Subodh Ranjan Saha Vs. State of West Bengal and Others
Court: Kolkata
Decided on: May-06-1996
Reported in: AIR1997Cal55
ORDER1. The writ petitioner is a doctor having passed the M.B.B.S. Examination from Bankura Sammilini Medical College in 1976. The petitioner, thereafter, also acquired M.S. Degree in General Surgery from the Calcutta University in 1982 while he was a member of the West Bengal Health Service. At the relevant time, the petitioner was posted as Medical Officer (Surgeon) at Maharaja Jitendra Narayan Hospital in Cooch Behar.2. It is the petitioner's case that in 1984, he came across an advertisement in all the leading newspapers in Calcutta published on behalf of an organisation named 'The Management Professional Association' and the 'International Coaching Centre' of 15, Rama Nathan Street, T. Nagar, Madras-600017, inviting application from candidate wishing to acquire better qualifications from various Universities of India and abroad through correspondence courses. Attracted by such proposal, the petitioner claims to have got himself enrolled for such correspondence course and also star...
Tag this Judgment!Sri Satyapada Halder Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-06-1996
Reported in: (1997)1CALLT1(HC)
Arun Kumar Dutta, J. 1. By this Writ application under Article 226 of the Constitution of India the Writ Petitioner Satya Pada Halder (hereinafter referred to as petitioner) has prayed the Court for issue of a Writ of and/ or in the nature of Mandamus commanding the respondents to cancel, rescind, withdraw and/or set aside the purporported order of withdrawal of confirmation as communicated vide communication dated 15th December, 1983, being Annexure 'B' herein, and further directing the respondents to treat the petitioner as confirmed with effect from 1-6-83 in the West Bengal Civil Service (Judicial) forthwith; to take immediate steps for release of his annual increments which are lying withheld since 1-6-83 and thereby to fix his basic pay as Rs. 980/- as on 1-6-89 at the existing scale of pay along with other consequential benefits and thereafter go on allowing him to enjoy the annual increments as usual relating to his service as a member of West Bengal Civil Service (Judicial) wi...
Tag this Judgment!- ‹ Prev
- 2
- Next ›
- Last »