Kolkata Court September 1996 Judgments
M/S. Pratap Ch. Dey and Others Vs. Allahabad Bank and Others
Court: Kolkata
Decided on: Sep-30-1996
Reported in: AIR1997Cal96,[1998]94CompCas642(Cal)
ORDER1. As a common question of law arose in these applications under Article 227 of the Constitution, I decided to take up the hearing of these applications analogously and these applications are now being disposed of by this common judgment.2. The question of law that needs to be decided in these applications under Article 227 of the Constitution is formulated below :Whether the Tribunal constituted under the Debts (Due to Bank and Financial Institutions) Act, 1993 (hereinafter referred to as the 'said Act of 1993') shall decide an issue of jurisdiction as a preliminary issue of law by exercising power conferred on the Civil Courts under Order 14, Rule 2 of the Code of Civil Procedure first before deciding the otherissues or it shall decide such issue along with other issues at the time of final disposal of the proceedings.3. For the purpose of deciding the fore-said question, the facts which would be relevant for coming to a proper decision are enumerated below:--By the introduction...
Tag this Judgment!Malaya Das (Nee) Ghosh Vs. Basudeb Das
Court: Kolkata
Decided on: Sep-30-1996
Reported in: (1997)1CALLT512(HC),II(1997)DMC176
Tarun Chatterjee, J.1. This revisional application is directed against an order being order No. 102 dated 23rd May, 1994 passed by Mr. R.N. Mallick, Choudhury, Additional District judge, second Court at Alipore in Matrimonial Suit No. 29 of 1993.2. On or about 25th April, 1988 the husband, Basudeb Das as a plaintiff filed a matrimonial suit for divorce against the wife who is the petitioner in this revisional application under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act'). On an application made by |he petitioner in the pending suit for alimony pendente lite under Section 24 of the Act, the Trial Court by an order dated 12th September, 1989 provided a monthly maintenance of Rs. 350/- to the petitioner although in the application the petitioner had prayed for Rs. 1,250/- per month. In the said order, the Trial Court also directed the husband to pay a sum of Rs. 500/-to the petitioner on account of litigation cost and a sum of Rs. 100/-per month on acc...
Tag this Judgment!The Indian Iron and Steel Co. Ltd. Vs. the 9th Industrial Tribunal and ...
Court: Kolkata
Decided on: Sep-29-1996
Reported in: (1997)IILLJ883Cal
Bhagabati prasad Banerjee, J. 1. This is an appeal against the order of the learned trial Judge dated October 11,1991 passed in Civil Rule No, 10044 (W) of 1985 dismissing the writ petition. The learned trial Judge by that order discharged the rule holding inter alia, that the award of the Tribunal has not suffered from any infirmity or illegality.2. Before the 9th Industrial Tribunal, Durgapur, the following issues were raised by the Government for consideration :1. Whether the persons working in the Ration Shops mentioned in the attached list are workmen under Indian Iron & Steel Co. Ltd. 2. If so (a) Whether they are entitled to all the benefits to which other workmen are entitled (b) their Grades and Scales of Pay and (c) their designations. 3. The 9th Industrial Tribunal, Durgapur, by its award dated February 21,1985 considered the matter and decided the issue No. 1 in favour of the workmen holding, inter alia, that the Tribunal had no hesitation to declare that an employer-employ...
Tag this Judgment!University of Calcutta and Others Vs. Ram Prosad Ghosh and Others
Court: Kolkata
Decided on: Sep-27-1996
Reported in: AIR1997Cal163
1. The question which, inter alia, arises for consideration in these appeals is as to whether this Court is denuded of the power to entertain an appeal which is not accompanied with a certified copy upon expiry of 30 days from the date of judgment of the learned single Judge. Our attention has been drawn to a decision of a Division Bench of this Court in the case of Biswanath Ghosh v. State of W. B. reported in (1993) 97 Cat WN 199, wherein it has been held that although the Memorandum of Appeal can be filed within the period of 30 days without being accompanied by a certified copy of the judgment by reason of an alleged practice of this Court such appeal cannot be entertained on the expiry of 30 days if the same is not accompanied by a certified copy.2. Mr. Bhattacharjee, learned counsel appearing on behalf of the appellant, inter alia, submitted that the said judgment proceeded with a total misconception, inasmuch as, the learned trial Judge had not considered the matter upon proper ...
Tag this Judgment!Sudhir Chakraborty and anr. Vs. the State and anr.
Court: Kolkata
Decided on: Sep-27-1996
Reported in: 1997CriLJ1022
ORDERN.K. Bhattacharyya, J.1. By this instant revisional application under Sections 397, 401 and 482 of the Code of Criminal Procedure, 1973, the two petitioners have challenged the G.R. proceeding in Case No. 123 of 1993 arising out of Durgapur Police Station Case No. 45 of 1993 dated 10th February, 1993 for offence under Sections 446/379/435/506/114 of the Indian Penal Code and also challenged Order No. 12 dated 2nd March, 1995 passed by the S.D.J.M., Durgapur in G.R. Case No. 123 of 1993 by which the learned S.D.J.M. dismissed the application of the petitioners herein for dropping the proceeding against them. 2. The short background of the case is that one Jagadish Saluja was the owner of the property in question and from him one Nagendra Chandra Chakraborty purchased the property by a registered deed on 14th July, 1975. One Purushottam Madhabji Chouhan was a tenant in respect of the ground floor flat consisting of three rooms, one kitchen, two covered varandahs, one bathroom and co...
Tag this Judgment!M.N. Dastur and Co. Ltd. Vs. Deputy Commissioner of
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Sep-26-1996
Reported in: (1997)61ITD167Cal
1. In the appeal by the revenue it is contended that the deduction under section 80-O is to be allowed only on the net income brought into India in convertible foreign exchange and not on the gross amount of income so brought. In the assessment order, the deduction was computed as under : debited to P & L A/c Rs. 29,33,75,063B.Total receipt inclusion of foreign receipts Rs. 44,57,57,946C.Total foreign receipts Rs. 5,41,84,270Less : Receipt on which benefit ofdeduction would not be allowed Rs. 3,61,827 Rs. 5,38,22,443Expenditure allowable to foreign receipts ----- = -------------------------------- = 3,54,23,176 B 44,57,57,946Less : Expenditure - Rs. 3,54,23,176 Rs. 1,83,99,267 -----------------50% of Rs. 1,83,99,267, i.e., Rs. 91,99,633 allowed as deductionunder section 80-O." 2. On appeal, the CIT(A) following the order of the Tribunal in the assessee's case for the assessment year 1985-86 and the orders of the CIT(A) for the assessment years 1989-90 and 1990-91, accepted the ass...
Tag this Judgment!Baidya Nath Mukherjee Vs. Amarendra Nath Singh and ors.
Court: Kolkata
Decided on: Sep-26-1996
Reported in: (1997)2CALLT433(HC)
Basudeva Panigrahi, J.1. This is a revisional application against an order dated 13.4.1995 passed by the learned District Judge, Hooghly in Misc. Case No. 94/93 allowing the application filed by the opposite party No. 1 under Section 34 of the Indian Trust Act according permission for transfer of the trust properties for the purposes of B.L. Mukherjee School Improvement/P.H.C. Improvement at Boinchi.2. One Beharilal Mukherjee since deceased had executed a will dated 9th August, 1870 during his life time by creating the trust and transferred his properties in favour of the said trust and delivered possession of his entire properties. The said B.L. Mukherjee created the trust with the laudable aim and object for public welfare, cultural upliftment, religious and social works and had laid down the scheme of management in the solemn Will. A dispute arose as regards the Management and Administration of the estate of late Beharilal Mukerjee's estate. Therefore, a suit was filed before the Di...
Tag this Judgment!Purna theatre Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-25-1996
Reported in: (1998)1CALLT135(HC),1997LabIC997
1. The Court : The instant writ application is directed against the Award dated 28.12.95 passed by the Third Industrial Tribunal, West Bengal.2. The facts and circumstances leading to the Award may, in substance, be stated as follows :--3. The respondent workman was employed in the petitioner company w.e.f. 31.3.78. He was dismissed from service by the Company w.e.f.20.7.85. A reference was made under section 10(1) of the Industrial Disputes Act for adjudication of the justifiability of the said dismissal on 18.7.86. The said reference resulted in an Award dated 10.1.91 directing reinstatement of the workman and payment of all back wages. The workman made representation with the management for payment of back wages in terms of that Award and before his dues were paid by the company he resumed his duties on 1.5.91. He was subsequently retrenched from service by the company w.e.f. 6.6.91 in terms of notice of retrenchment Issued by the company on 30th May, 1991. The retrenchment was effe...
Tag this Judgment!State of West Bengal and ors. Vs. Sisir Kumar Paria
Court: Kolkata
Decided on: Sep-24-1996
Reported in: (1997)ILLJ1085Cal
V.N. Kare, C.J.1. This appeal arises out of the judgment of the learned single Judge dated February 4, 1991 allowing the writ application being Civil Order No. 11509(W) of 1989 filed by the writ petitioner respondent.2. The petitioner respondent was initially appointed as a Lower Division Clerk in the office of the Settlement Officer, 24- Parganas, Government of West Bengal on July 3, 1954. After the petitioner joined the service, his service book was opened wherein the date of birth entered was January 15, 1934. The petitioner respondent was furnished with a copy of the service book. Subsequently, in the year 1963, the petitioner respondent appeared in the School Final Examination as a private candidate and was declared successful. Accordingly, he was issued a certifi-cate of having passed the School Final Examination. In this certificate, the date of birth of the petitioner respondent was shown as January 15, 1938.3. It appears in the year 1989 the petitioner re-spondent made a repre...
Tag this Judgment!Haran Chandra Ghosh Vs. State of West Bengal and ors
Court: Kolkata
Decided on: Sep-20-1996
Reported in: (1998)1CALLT113(HC)
ORDERS. Banerjea, J.1. In the instant writ application the petitioner who was admittedly elected Pradhan of Madral Panpur Gram Panchayet (hereinafter referred to as the said Gram Panchayet) has challenged the notification dated 16th October. 1995, being No. 2364/PN/O/I/1P-3B/87. The aforesaid notification has been issued purportedly in exercise of power under section 3(d) of the West Bengal Panchayet Act 1973 after considering the situation arising out of inclusion in the neighbouring Municipality of part of the area of the Gram concerned mentioned therein and after making due enquiry and on consulting the views of the Gram Panchayet concenned, uniting the areas of Madral Panpur and Narayanpur Grams and constituting the new Gram Panpur-Keutia. It was further directed in the said notice that subject to the cessation of membership under section 197B of the WestBengal Panchayet Act 1973, the members holding offices in the Gram Panchayet for the Gram so united shall continue to hold their ...
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