Kolkata Court November 1997 Judgments
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Ajit Kumar Kotal Vs. Sailesh Kumar Bose and anr.
Court: Kolkata
Decided on: Nov-18-1997
Reported in: (1998)1CALLT215(HC)
V.K. Gupta, J.1. This Civil First Appeal is directed against the judgment and decree dated 31st August, 1982 and 4th September, 1982 respectively passed by the learned Judge, 2nd Bench, City Civil Court, Calcutte in Ejectment Suit No. 1482 of 1975.2. The respondent No. 1 had filed a Suit for Ejectment against the appellant and the Respondent No. 2 with respect to a property comprising of five rooms, kitchen, bath and privy situated in the premises No. 39, Dr. Jagabandhu Lane, Calcutta-12. The suit was filed by the plaintiff/landlord on a number of grounds available to it under section 13 of the West Bengal Premises Tenancy Act, 1956, including the grounds of reasonable requirement, re-building and sub-letting. Ultimately, however, the plaintiff-landlord gave up the other grounds and confined his suit only to the ground of subletting. The following four issues were framed by the trial court for adjudication in the suit:(1) Has the defendant sublet portion of the suit premises without th...
Nazir HossaIn Halder Vs. the State
Court: Kolkata
Decided on: Nov-18-1997
Reported in: (1998)2CALLT15(HC),1998CriLJ1720
D. B. Dutta, J 1. The short point Involved in the Instant revlslonal application is whether or not the petitioner was a Juvenile within the meaning of the Juvenile Justice Act on the date of the commission of the offence.2. The petitioner was implicated as one of the accused in Usthi P.S. Case No.24 dated 29.3.92. Police Investigated the case and submitted charge-sheet against all the persons including the present petitioner under sections 147/148/304 of the Indian Penal Code. The case was committed to sessions and it is pending before the learned Additional Sessions Judge, Sixth Court, Allpore as Sessions Trial Case No.24(5) of 1993. On 26 August, 1993, the date fixed for consideration of charge, the petitioner filed an application before the learned Judge claiming the benefit of a separate trial according to the provisions of Juvenile Justice Act alleging that he was a Juvenile on the date of occurrence. The application was opposed by the prosecution. It was alleged on behalf of the ...
Shyamal Ghosh Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Nov-17-1997
Reported in: AIR1998Cal199
ORDERPinaki Chandra Ghose, J.1. This writ application has been filed against the Board of control for Cricket of India (hercinafterrefcrredtoasBCCI) challenging an interview scheduled to be held on 13th and 14th September, 1997 of the candidates selected on the basis of the Examination held on 4th May, 1997.The facts of the case in the petition are as follows :The writ petitioner after passing the probationary Examination held by the Cricket Association of Bengal in the year 1988-89 for selecting the candidates as Umpires to conduct the cricket matches within this State and the petitioner was empanelled as a State Panel Umpire, Grade-Ill in the year 1990-91. Subsequently, thereto, in the year 1994-95 petitioner became a State Panel Umpire, Grade-I. On March 6, 1997 a notice was issued by the BCCI to all its affiliated Associations to the effect that the Board was going to conduct an examination for selection of Umpires on the panel of the State Association.2. The petitioner on February...
Salboni Hatcheries and anr. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Nov-17-1997
Reported in: [1998]232ITR612(Cal)
Pinaki Chandra Ghose, J.1. This is a writ application challenging a demand notice dated October 13, 1997, issued by respondent No. 5.2. The grievance of the writ petitioners is that petitioner No. 1 furnished its return of income for preceding assessment year 1994-95 showing a taxable income of Rs. 82,980 and the same was assessed under Section 143(1)(a) of the Income-tax Act on a taxable income of Rs. 82,980. In the assessment year 1995-96, the assessee furnished a return of income showing a total income of Rs. 8,99,310, which is higher by more than 30 per cent. of the assessed income of the preceding year. The assessee, petitioner No. 1, paid all the taxes on this returned income. Accordingly, petitioner No. 1 has satisfied all the conditions set out in the said circular issued by the Central Board of Direct Taxes and, therefore, the Assessing Officer is obliged under the law to follow the said instruction and is not under any competent jurisdiction to make a sample scrutiny under Se...
Commissioner of Income Tax, West Bengal-v, Calcutta Vs. New Gujarat Co ...
Court: Kolkata
Decided on: Nov-16-1997
Reported in: (1998)1CALLT325(HC),[1998]230ITR595(Cal)
V.K. Gupta, J.1. The following question of law has been referred for our opinion :'whether on the facts and in the circumstances of the case and on a correct interpretation of the relevant provisions of law, the Tribunal was Justified in holding that sales-tax liability amounting to Rs. 2,59,361 accrued during the previous year relevant to the assessment year 1978-79 and in that view sustaining the order of the Commissioner of Income-tax (Appeals) allowing the assessee's claim for the said deduction?'2. The assessee is a limited company and derives Income from taxtiles, The point in dispute is with regard to deletion of Rs. 2,59.361 under the heading 'Sales Tax'. The assessee claimed the aforesaid deletion for the assessment year 1975-76 and for the assessment years 1961-72 to 1965-66 as per the details hereinbelow :(1) Liability for the assessment year 1975-76 Rs. 1,69,678/-(2) Liability for the assessment years Rs. 89,683/-1961-62 to 1965-663. The Income-tax Officer did not allow the...
Ram Swarup Sharma Vs. Coal India Ltd. and ors.
Court: Kolkata
Decided on: Nov-10-1997
Reported in: [1998(79)FLR985],(1999)ILLJ384Cal
ORDERSatya Brata Sinha, J.1. This appeal is directed against a judgment and order dated September 11, 1991 passed by a learned single Judge of this Court in C.O. No. 11358 (W) of 1991 whereby and whereunder the said learned Judge, inter alia, held that the writ application is not maintainable. The petitioner was a workman of the Eastern Coal Fields Ltd. Admittedly there existed a dispute as regards his age. The petitioner was superannuated by an order passed by the competent authority of the Eastern Coal Fields Ltd. upon attaining the age of 60 years which was disputed by the petitioner. The petitioner filed a writ application before this Court and the same was disposed of with a direction upon the respondent to refer the matter to the Apex Medical Board and it was further indicated therein that the decision of the Apex Medical Board shall be binding both upon the petitioner as well as upon the respondent. Pursuant to the said order, the petitioner was examined by the Medical Board. Th...
Electric Instruments and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Nov-07-1997
Reported in: (1999)ILLJ877Cal
V.K. Gupta and Vidyanand, JJ.1. Feeling aggrieved by the order dated August 7, 1996, the appellant filed writ application in this Court. The learned Single Judge vide judgment dated May 9, 1997 while partly allowing the writ application declined to interfere with that part of the order of the Tribunal, the respondent No. 2, whereby the charge-sheet served upon respondent No.3 was held to be vague. Other part of the impugned order dated August 7, 1996 whereby it was held by the Tribunal that there is no ground and justification for proceeding against respondent No.3 and taking disciplinary action against him on the basis of the report of the Enquiry Officer was set aside by the learned Single Judge.2. We have heard the learned Advocates appearing for the parties and carefully gone through the record of the case. In our considered opinion the issue of vagueness of the charge-sheet at the threshold of the proceedings should not have been gone into by the respondent No.2 and in any case bo...
Monoranjan Roy Vs. Union of India and ors.
Court: Kolkata
Decided on: Nov-07-1997
Reported in: (1998)1CALLT322(HC),[1998(79)FLR980]
R. Bhattachatyya, J.1. The exposure of the factual premises of the case reflects the complete drowning of law and procedure in adjudging the claim of the petitioner who is equally circumstanced with others in connection with the offer of employment. The norm and procedure are completely shelved by the authorities and the petitioner became the target of arbitrariness when he was constrained to file the writ of mandamus along with other associated reliefs which included amongst others for a direction on the respondents to offer employment in favour of the nominated dependent of the petitioner without least delay.2. The respondents floated a scheme to activate mining operations in Mouzas: Radhaballavpur and Samdi in consequence huge lands were taken possession of by the respondents after having recourse to requisition.The petitioner has generated his grievance that the land of the petitioner was also taken possession of by requisition in connection with the L.A. Case No. 14R/84-85; but th...
Allergan Inc Vs. Milment Oftho Industries and ors.
Court: Kolkata
Decided on: Nov-06-1997
Reported in: (1997)2CALLT92(HC)
Ruma Pal, J.1. The appellant, Allergan Inc, is a company which manufacturers Pharmaceutical products in several countries. It does not carry on any business in India. The first respondent is a company which carries on business of manufacturing pharmaceutical products in Indian. The appellant seeks to restrain the respondents from using the mark 'OCUFLOX' in respect of a medicinal preparation manufactured and marketed by the respondents. The issue to be decided in this appeal is the right of a foreign manufacturer to restrain use of a mark in India on the basis of prior user of the mark outside the country.2. On the material before this Court there can be no doubt that the appellant manufactures a pharmaceutical eye care product under the name of OCUFLOX containing of loxacin and other compounds. Accqrding to the appellant it first used the mark on 9th Sept, 1992 after which it has marketed the product in several countries in Europe, Australia, South Africa and South America and has obt...
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