Kolkata Court January 1997 Judgments
Webster Industries Ltd. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Jan-31-1997
Reported in: (1997)1CALLT471(HC),[1997]225ITR924(Cal)
V.K. Gupta, J. 1. In this petition filed under Article 226 of the Constitution of India, the writ petitioners, Webster Industries Pvt. Ltd., which is a company incorporated under the Companies Act and petitioner No. 2 who is the managing director of this company have challenged an order dated May 31, 1994, passed by the appropriate authority, i.e., respondent No. 2 in this petition, in terms of Section 269UD(1) of the Income-tax Act, 1961, whereby, after observing that the fair market value of the property in question exceeds by more than 15 per cent. the declared total apparentconsideration, an order has been passed for pre-emptive purchase of the said property by the Central Government under Section 269UD(1) of the Income-tax Act. While thus exercising such power, the appropriate authority ordered the purchase of the said immovable property located at 24, Netaji Subhas Chandra Bose Road, Calcutta, by the Central Government at an amount of declared apparent consideration of Rs. 19.405...
Tag this Judgment!Nilgiri Estates Private Limited Vs. Khaniva Housing (India) Private Lt ...
Court: Kolkata
Decided on: Jan-31-1997
Reported in: (1997)2CALLT290(HC)
ORDERBarin Ghosh, J.1. This is an application for return of the plaint filed in the above suit to the plaintiff. In this suit the plaintiff Is seeking decree for specific performance of the Memorandum of understanding dated 30th August, 1990 and in the alternative an enquiry into the damages suffered by the plaintiff and decree for the sum found due thereon.2. By the subject Memorandum of understanding, which is in writing, the defendant, described therein as assignor, agreed to assign in favour of the plaintiff, described therein as assignee, the perpetual lease-hold right of the defendant in respect of premises No. 8/2, Palm Avenue, Calcutta-700019, which premises is situate outside the Jurisdiction of this court. The said Memorandum of understanding provides. Inter alia, the following clauses:-'The Assignee, his nominee or nominees will be entitled to use and utilise the portion assigned or part thereof as he/they may choose or like without any need for any consent from the Assignor...
Tag this Judgment!Uco Bank Vs. Sm. Ratni Devi JaIn and ors.
Court: Kolkata
Decided on: Jan-31-1997
Reported in: (1997)2CALLT321(HC)
ORDERBarin Ghosh, J.1. This is an application of the defendants seeking dismissal of the suit on the ground that the suit is a suit for land situate outside the jurisdiction of this court and thus, depriving this court of its authority to entertain or try the suit; alternatively the issue as to the maintainability of the suit in this court or lack of territorial jurisdiction of this court to entertain or try the suit be heard and determined as a preliminary issue before the hearing of any other issues.2. In the plaint, the plaintiff has prayed for the following reliefs:-'(a) Specific performance of the agreement as mentioned in paragraph 9 hereof by directing the defendants to execute and register the conveyance in respect of the said three flats, of the total carpet area of not less than 3,000 sq. ft. (each having a carpet area of 1000 sq. ft.) with four covered garages or car parking spaces in a covered area together with all rights, benefits and advantages of the common facilities a...
Tag this Judgment!Sri Paramjit Singh Kohli Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Jan-31-1997
Reported in: (1997)1CALLT395(HC)
Vinod Kumar Gupta, J. 1. In this petitioner filed under Article 226 of the Constitution of India, the petitioner has challenged the order dated 10th August, 1992 whereby the punishment of 'Severe Reprimand' was awarded to him by respondent No. 3 as also the order No. 5(38)/94/D(AS) dated 24th February, 1995 issued by the Under Secretary, Government of India, Ministry of Defence whereby the Central Government rejected the statutory complaint of the petitioner dated 14.10.93 which he had submitted to the Government against the aforesaid punishment of 10th August, 1992. 2. The petitioner is a serving Commissioned Officer in the Indian Army and is presently holding the substantive rank of Major. During the year 1990-91 the petitioner was posted at Defence Services Staff College, (DSSC), Wellington, (Nilgiris) as Mechanical Transport Officer. It appears that an unpleasant episode occurred on the evening of 19th September, 1991 involving the petitioner and another officer, namely Major N.K. ...
Tag this Judgment!Ranjit Mondal and Sajal Barui and Etc. Vs. State
Court: Kolkata
Decided on: Jan-31-1997
Reported in: 1997CriLJ1586
Nure Alam Chowdhury, J.1. These five appeals, (1) Criminal Appeal No. 13 of 1996 (Ranjit Mondal and Sajal Barui alias Papa v. State), (2)Criminal Appeal No. 35 of 1996 (Alok Saha alias Toto v. State), (3) Criminal Appeal No. 45 of 1996 (Debashish Dey v. State), (4) Criminal Appeal No. 60 of 1996 (Subhrasil Ray alias Raja v. State) and (5) Criminal Appeal No. 61 of 1996 (Samar Saha alias Euro v. State), have been preferred against the same judgment dated January 10, 1996, passed by the learned Additional Sessions Judge, 3rd Court, Barasat in Sessions Trial No. 4(9) of 1994. In the impugned judgment the learned Judge convicted the appellant Sajal Barui alias Papa Under Sections 302/34, I.P.C., 201, I.P.C. and Under Section 120-B, I.P.C. and sentenced him to death by hanging and to pay fine of Rs. 2,000/- i.d., to suffer R.I. for one year on his conviction Under Section 302/ 34, I.P.C., and sentenced him to R.I. for 5 years and to pay fine of Rs. 1,000/- i.d. to R.I. for six months on his...
Tag this Judgment!Lawyer's Forum for Human Rights Vs. State of West Bengal and Ors.
Court: Kolkata
Decided on: Jan-31-1997
Reported in: 1997CriLJ1762
Bhagabati Prosad Banerjee, J.1. This writ proceeding has been drawn up on the basis of a letter filed by the Lawyers' Forum for Human Rights, Calcutta, praying for necessary directions and orders with regard to the death of one Sri Dulal Gharai, who is stated to have died in lock-up of the panskura police station, Midnapore, on 17-10-1994.2. This case was assigned by the learned Chief Justice to this Division Bench for its disposal.3. The fact of this custodial death was published in various newspapers and that the case of the petitioner, as made out before this Court, is that the said Sri Dulal Gharai, since deceased, along with four other accused persons, were arrested on October 8, and that he was kept in the police lock-up, without producing the said accused before the Magistrate withing 24 hours and that the said Sri Dulal Gharai was stated to have been beaten to death and he died on October 17, 1994. It is further alleged that Sri Dulal Gharai, along with four other co-accused, w...
Tag this Judgment!In Re: Tapan Roy and ors.
Court: Kolkata
Decided on: Jan-31-1997
Reported in: 1997CriLJ2166
ORDER1. In this case we are required to deal with a flagrant type of aggressive criminal contempt amounting to a worst form of savagery. The Sub-Divisional Judicial Magistrate, Ghatal on 17-12-96 rejected the prayer for confirmation of interim-bail of certain accused persons in G.R. case No. 153/93 and the took the accused persons in custody. This enraged their lawyer Shri Tapan Roy, the contemner No. 1 and other including his law clerks Shri Swapan Adhikary and Shri Somnath Chatterjee, the contemnors Nos. 2 and 3 respectively so much so that they became furious, challenged the order, abused the learned SDJM in filthy languages in open Court which are unquotable, and created chaos and terror in the Court room. The contemner Tapan Roy even attempted to assault the learned SDJM by throwing articles as wooden ruler, ink pot towards him thereby causing injury on the person of GRO, and the learned SDJM for protecting himself in the circumstances, stepped down from the Ejlash and took shelte...
Tag this Judgment!Webster Industries Ltd. Vs. Union of India and ors.
Court: Kolkata
Decided on: Jan-31-1997
Reported in: (1998)146CTR(Cal)323
V. K. GUPTA, J. :In this petition filed under Art. 226 of the Constitution of India, the writ petitioners, Webster Industries Pvt. Ltd., which is a company incorporated under the Companies Act and petitioner No. 2 who is the managing director of this company have challenged an order dt. 31st May, 1994, passed by the Appropriate Authority, i.e., respondent No. 2 in this petition, in terms of s. 269UD(1) of the IT Act, 1961, whereby, after observing that the fair market value of the property in question exceeds by more than 15 per cent. of the declared total apparent consideration, an order has been passed for pre-emptive purchase of the said property by the Central Government under s. 269UD(1) of the IT Act. While thus exercising such power, the Appropriate Authority ordered the purchase of the said immovable property located at 24, Netaji Subhas Chandra Bose Road, Calcutta, by the Central Government at an amount of declared apparent consideration of Rs. 19.405 lakhs only. The facts lea...
Tag this Judgment!Anand Damani Vs. Union of India and ors.
Court: Kolkata
Decided on: Jan-30-1997
Reported in: (1998)2CALLT52(HC),1997(2)CHN119,1997CriLJ1599,1998(59)ECC105
1. This is a writ application praying for a writ in the nature of Habeas Corpus for release of the petitioner Anand Damani, who was arrested on 9.12.95 on the strength of an order of detention dated 5th January, 1995 passed under the Conservation of Foreign Exchange Prevention of Smuggling Activities Act, 1994 by the Joint Secretary, COFEPOSA, Ministry of Finance, Department of Revenue, Government of India, New Delhi on the ground that the detenu had been dealing with the smuggled goods otherwise than by engaging in transporting or concealing of keeping the smuggled goods.2. It is not necessary to consider the facts of this case in details in view of the limited submissions made by Mr.Balai Chandra Roy, learned counsel appearing on behalf of the writ petitioner that in the instant case as admittedly one more vital document viz., B. D. Mall's challans, which was specifically referred to at paragraphs 1, 7 and 28 of the detention order was not supplied in spite of demand being made by th...
Tag this Judgment!Arun Kumar Dhara and ors. Vs. State and ors.
Court: Kolkata
Decided on: Jan-30-1997
Reported in: (1997)1CALLT326(HC)
Dibyendu Bhushan Dutta, J. 1. 38 licensed dealers of soft coke have joined in the instant application that has been filed for writ in the nature of Mandamus and Certiorari. 2. In addition to this, the petitioners have filed two supplementary affidavits and the case that has been sought to be made out on behalf of the petitioners may in substance be stated as follows:The petitioners are dealers of soft coke within sub-division of Chandannagore in the District of Hoogly. The District Magistrate, Hooghly, is the licensing authority for the District under the West Bengal Soft Coke Licensing Order, 1995. Every licensee is required to obtain permit for dealing in soft coke. The permits are issued by the sub-divisional controller, Food and Supplies, Chandannagore, Initially there was no ceiling on the quantity of soft coke to be lifted against permit by a licensee but from April 1996 onwards a ceiling limit of 10 Metric Tonnes has been fixed for every permit. After obtaining the permit a lice...
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