Kolkata Court June 1996 Judgments
Sri Dilip Kumar Dey Vs. Vishwamitra Ramkumar
Court: Kolkata
Decided on: Jun-28-1996
Reported in: (1997)1CALLT10(HC)
Shree Rang Misra, J. 1. By means of this appeal, plaintiff/appellant challenges an order passed by the learned Judge, VIIth Bench, City Civil Court at Calcutta in Title Suit No. 974 of 1995 dated 2.8.1995 refusing to pass an interim order directing the hearing of the Injunction matter. Plaintiffs application for temporary Injunction under Order 39 Rules 1 and 2 read with Section 151 of the Code of the Civil Procedure restraining the defendants from evicting the plaintiff/appellant from the Suit Premises by way of executing sought to be executed in Title Suit No. 10 of 1994, pending before the learned Registrar, Bench of this Court in support of the stay application filed before this Court for the grant of injunction reads follows: 2. The plaintiff/appellant/petitioner filed a Title Suit being Title Suit No. 974 of 1995 before the Learned Judge, VIIIth Bench, City Civil Court at Calcutta for a decree for declaration and permanent injunction against the defendants/respondents/opposite Pa...
Tag this Judgment!Nilopam Das Vs. Central Bureau of Investigation and anr.
Court: Kolkata
Decided on: Jun-28-1996
Reported in: (1996)2CALLT245(HC)
1. The petitioner, a Senior Manager of Punjab National Bank of Shakespeare Sarani Branch, Calcutta, has sought for anticipatory bail on the allegations of violating the provisions of FERA which stem from Sections 50 and 56 of the foreign Exchange Regulation Act, 1973. It has been highlighted in the application for anticipatory ball that he sanctioned a loan to the extent of Rs. 6.31 crores in the year 1995 to the group of companies of one Shri A.N. Ghosh through M/s. Vaibhab Trade & Credit Private Ltd. also to Mafcon International Ltd. against securities. In pursuance of such allegations, he was put under arrest and was subsequently released on ball by the learned court below. In enforcing the claim for anticipatory ball, the learned Counsel, appearing for the petitioners, is emphatic in his submission that once he was bailed out by a Court of competent jurisdiction, the prosecution of the same in a different case involving an identical amount (6.31 crores) cannot afford any ground to ...
Tag this Judgment!K. N. Dadina (P) Ltd. Vs. Deputy Commissioner of Income Tax.
Court: Kolkata
Decided on: Jun-28-1996
Reported in: (1997)57TTJ(Cal)334
ORDERD. MANMOHAN, J. M. :This appeal filed by the assessee-company relates to the asst. yr. 1987-88.2. The assessee-company initially filed a statement of advance-tax in Form No. 28A on 16th June, 1986, estimating the income at Rs. 6,08,050. On 12th Sept., 1986, it filed an estimate in Form No. 29 for a sum of Rs. 9,00,000. This estimate was revised on 15th Dec., 1986, by filing a fresh From No. 29 estimating its income at Rs. 9,78,000. Finally, the return of income was filed disclosing an income of Rs. 16,21,229 and the tax payable was Rs. 8,91,667. The assessment was finalised on total income of Rs. 17,42,915.3. In view of the above facts, the AO has initiated penalty proceedings by issuing a show-cause notice under s. 273(1)(a) of the Act. The AO observed that the assessee has not responded to the first notice and in response to the second notice, the authorised representative did not file any written submission. He was, therefore, of the opinion that the assessee-company has nothin...
Tag this Judgment!Hooghly District Central Co-operative Bank Ltd. Vs. Anoj Kumar Roy
Court: Kolkata
Decided on: Jun-26-1996
Reported in: 1997CriLJ864
Satyabrata Sinha, J.1. This appeal is directed against a judgment and order dated 10th February, 1995 passed by a learned Single Judge of this Court in Civil No. 6388 (W) of 1994, whereby and whereunder the said learned Judge directed the appellant to pay the arrears of salaries of the writ-petitioner respondent for the period from October, 1994 till date on the basis that he has been discharging his duties as senior Supervisor within a week therefrom. It was further directed that for the period June, 1994 till date all salaries in accordance with the applicable rules framed with regard to Hooghly District Central Co-operative Bank Limited shall be paid within a fortnight therefrom.2. The fact of the matter lies in a very narrow compass.3. The respondent Anoj Kumar Roy (hereinafter referred to as 'the writ-petitioner') filed a writ application in this Court questioning the order of transfer dated 23-5-1994 issued by the appellant bank, whereby and whereunder he was transferred from Hea...
Tag this Judgment!Garg Sales Co. (Pvt.) Ltd. Vs. Commissioner of Customs
Court: Kolkata
Decided on: Jun-25-1996
Reported in: 1996(87)ELT341(Cal)
ORDERTarun Chatterjee, J.1. By consent of the parties this writ petition is taken up for hearing. Mr. Sarkar learned counsel also points out to me that there is already a direction to this effect in my earlier order. In this writ application the writ petitioner has prayed for a direction upon the Respondent No. 1, Commissioner of Customs to act in accordance with law and to implement the order dated 24-8-1995 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, Eastern [Bench], without any further delay and also for a direction on the respondents to forthwith release the goods being 1.6,000 pieces of 'F.K. Brand' Pillow Block Bearings against provisional assessment and furnishing of P.D. Bond without any further delay. The facts leading to the filing of this application are stated as follows :On or about 7th May, 1994 the petitioner company entered into a contract with . CAP Enterprise Company of Hongkong for the supply of 1,21,000 pieces of 'F.K. Brand' Pillow Block Be...
Tag this Judgment!Shri G. Mohandas Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Jun-24-1996
Reported in: (1997)1CALLT146(HC)
Bhagabati Prasad Banerjee, J. 1. In this writ application the petitioner challenged the validity of the order contained in Memo. No. 336 dated 15th April, 1996 and Memo. No. 7-143 LS/95/1289 dated 15th April, 1996 and for other reliefs. For a long time the petitioner was doing business of vending liquor on the basis of the licences granted by the Deputy Commissioner; Andaman District by importing Indian made foreign liquor. The auction for the year 1966-67, i.e. from 1.4.96 to 31.3.97 was held on the basis of public notification whereupon an auction took place and the petitioner became the successful bidder for the bid amount of Rs. 3,09,20,000/-and on 22.2.96 when the bid was held the petitioner deposited 50% of the bid amounting to Rs. 1,54,60,000/- and also deposited a sum of Rs. 2,00,000/- towards security deposit. 2. After the auction was held, writ petition was filed by some other persons, being C.O. No. 12(W) of 1996 in each challenge was made to the auction held on 22.2.96 in t...
Tag this Judgment!Smt. Sova Mukherjee Vs. Rajiv Mehra
Court: Kolkata
Decided on: Jun-21-1996
Reported in: 1998(2)ALD(Cri)171,(1996)2CALLT339(HC)
Rabin Bhattacharyya, J.1. This criminal revision is directed for quashing of the proceedings sprang up from the complaint case No. 1468 of 1994 pending disposal before the learned Metropolitan Magistrate, 11th Court Calcutta.2. The facts, as much as, they are relevant for the purpose of the decision in criminal revision are as follows:-3. The respondent opposite parties sold Indian made foreign liquor to the petitioner revisionists.4. The revisionist No. 2, as constituted Attorney of the revisionist, issued an account payee cheque, dated 6.5.94. for a sum of Rs. 30,000/- in discharge of partial liabilities, drawn on UCO Bank, Sealdah. The same was, however, presented to the said bank for encashment by the respondent opposite parties. Unfortunately, the cheque was bounced off as it exceeded the arrangement revealed by the memo dated 1.7.94.5. The respondent opposite parties caused a notice to be served on the petitioner revisionists on 20.7.94 which went unheaded by the revisionists. Th...
Tag this Judgment!Babloo Das Alias Pranab Kumar Das Vs. the State
Court: Kolkata
Decided on: Jun-21-1996
Reported in: 1997CriLJ1025
1. The instant appeal is directed against the Judgment of conviction and sentence passed in Sessions Case No. 53 of 1992 (Sessions Trial No. 1 of December 1992) of the 8th Bench of the City Sessions Court, Calcutta.2. The prosecution story may, be stated as follows :-A childless old couple consisting of an octogenarian husband named Durgacharan Das and his 65 year old wife named Aparna Das were living on the ground floor flat of the premises No. 4/1, Bagbazar Street, Calcutta, within P. S. Shyampukur. The appellant was known to the couple. He had a cycle repairing shop in the locality and was on occasional visiting terms with Durgacharan. On 17-1 -92 between 11 and 11.30 in the morning, Aparna was cooking in the kitchen On hearing an alarm raised by her husband, she came out of kitchen and rushed to the bed room to find her husband, Durgacharan lying in a pool of blood on the floor of the room. She also found the appellant assaulting her husband with a knife repeatedly. She raised alar...
Tag this Judgment!Union of India (Uoi) Vs. Sigma Electronics
Court: Kolkata
Decided on: Jun-21-1996
Reported in: 1996(87)ELT26(Cal)
Umesh Chandra Banerjee, J.1. The remedy available under Article 226 of the Constitution by way of issuance of a high prerogative writ or writs is extraordinary in nature and is wholly discretionary though, however, there cannot possibly be any manner of doubt that exercise of power by the High Court is of widest possible amplitude but that by itself, however, does not clothe the Writ Court to intervene or interfere without there being any infringement of a right - there must be some breach of a right if not the legal right only and the law is well-settled on this score and as such I do not wish to dilate much in regard thereto.2. Before adverting to the rival contentions as raised in the matter certain basic principles of law governing the jurisdiction of the Writ Court ought to be noted at this juncture. The most accepted methodology of all governmental actions is fair play and fair treatment and in the event of there being any departure therefrom, the jurisdiction of the Writ Court c...
Tag this Judgment!Smt. Sari Mahanti Vs. Ghauiram Mahata
Court: Kolkata
Decided on: Jun-20-1996
Reported in: AIR1997Cal151
ORDER1. All these application filed under Article 227 of the Constitution of India raise from the appellate Court's order passed by the Collector, L.R. Affirming the orders passed by the Revenue Officer, Arsha L.R. Circle. The private opposite parties filed an application under Section 50(e) of the West Bengal Land Reforms Act for effecting necessary corrections in the record of right by entering their names as bargadars over the disputed property. It is claimed by the applicant that the property in question has all along been in her cultivating possession and she has been undertaking agricultural work through her labourers. In the final record of right her name also stands recorded whereunder it has been shown to have been under her possession. It is stated by the applicant that some of her agent keeping a greedy eye over the property with a purpose to snatch the disputed land mischievously filed applications before the Bhag Chas Officer firstly claiming to be bargadar u/S. 50(e) of t...
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