Kolkata Court December 1997 Judgments
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Commissioner of Income-tax Vs. Smt. Joytsna Poddar
Court: Kolkata
Decided on: Dec-12-1997
Reported in: [1998]232ITR759(Cal)
1. The following question has been referred for our opinion : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in setting aside the order of the Commissioner of Income-tax passed under Section 263 of the Income-tax Act, 1961 ?' 2. The facts giving rise to the aforesaid reference, briefly stated, are that the assessee, a resident individual, transferred in June, 1983, certain shares and debentures belonging to her and shown in the books of account. As per the books of account maintained by the assessee, the total value of these shares was shown at Rs. 15,19,503. A company newly formed by the name of Akshoy Trading Co. Pvt. Ltd., in the meantime, received, by the transfer, these shares from the assessee. The above referred book value of the shares was the value shown by the assessee which she received on transfer of the shares belonging to her to the abovenamed company, Akshoy Trading Co. Pvt. Ltd. 3. The Assessing Officer, however did not agree with th...
Coal India Limited Vs. M/S. Paul Builders
Court: Kolkata
Decided on: Dec-12-1997
Reported in: (1998)3CALLT322(HC)
A. Lala, J.1. This is an application under section 33 of the Arbitration Act challenging the scope and effect of the Arbitration agreement dated 26th September, 1987 amongst various other reliefs.2. According to the petitioner, on arbitrable dispute exists which can be adjudicated by the learned Arbitrator appointed herein. In support of such submission Mr. P.C. Sen, learned counsel appearing for the petitioner has drawn my attention to the page 26A of the petition being photocopy of a document and stated that there is no claim outstanding as against the work and the respondent received tha amount in full and fianl settlement of the claim. Acceptance by the respondent is without demur. Therefore the principle of estoppel applies againsl the respondents from making any further claim whatsoever in connection thereto and/or arising out of the contract including damages after such acceptance without demur. In support of his contention he has referred a judgment reported in 1994 Supp (3) SC...
Swan Fisheries (Private) Ltd. and anr. Vs. State of West Bengal
Court: Kolkata
Decided on: Dec-12-1997
Reported in: 1998(60)ECC36
A. B. Mukherjee, J.1. Three applications forming three separate proceedings have been heard together and shall be governed by this judgment.2. C.R.R. 2770 of 1997 was instituted under Section 482 Criminal Procedure Code by two petitioners being M/s. Swan Fisheries (Private) Ltd., a company registered under the Companies Act and having its registered office at New Delhi and Sanjay Malik, Director of the said company. They have prayed for quashing a proceeding arising out of an FJ.R. being 50 of 1997. dated 26.7.97 made at Gosaba Police Station and the subsequent charge sheet giving rise to Case No. BGR 3147 on the ground that the allegation contained in the F.I.R. on the face of it are not tenable against the company & others.3. Their case is that petitioner company amongst others owns three fishing trawlers under the name and style of CHANPEN MAUSEHI 35. 49 and CHOKEKAMOINAVA 107 and these trawlers are duly registered with the Director General of Shipping. The petitioner company and th...
Shipping Corporation of India Ltd. Vs. Industrial Tribunal Iii and ors ...
Court: Kolkata
Decided on: Dec-11-1997
Reported in: (1998)IILLJ301Cal
Samaresh Banerjea, J.1. Both the writ applications containing the same question of law and fact have been heard together.2. The short question which has arisen in the present writ application is whether in view of the provisions of Rule 20-C of the West Bengal Industrial Disputes Rules, 1958 (which has been incorporated by way of an amendment by a notification dated November 12, 1993 substituting the previous rules) will stand in the way of the Tribunal in receiving evidence on materials after the expiry of the time limit prescribed in Rule 20-C.3. In W.P. No. 1583 of 1997 the petitioner company has challenged the order dated May 12,1997 being No. 32 of the Industrial Tribunal rejecting the prayer of the petitioner-company for producing certain documents which according to the petitioner company is relevant for adjudication of the dispute during cross examination of a witness for the workman on the ground that in view of the limitation fixed for the disclosure of documents specified un...
Syndicate Bank Vs. B.S. Narayanan
Court: Kolkata
Decided on: Dec-10-1997
Reported in: (1999)IIILLJ44Cal
Satyabrata Sinha, J.1. This appeal is directed against a judgment and order dated September 24, 1993 passed by a learned Single Judge of this Court whereby, and whereunder the writ petition filed by the writ petitioner/respondent questioning an order of removal passed by the disciplinary authority which was affirmed by the Appellate Authority during pendency of the writ application, has been allowed.2. The petitioner was an officer of Syndicate Bank. He at the relevant time was posted as Manager of Pattapur Branch of the Bank. It was a small branch having 3 employees, viz., the petitioner, clerk and a class-IV staff. The petitioner was almost the sole authority in relation to the said branch. He was charge sheeted on or about November 21, 1983 which read thus :'a) You received from Smt. Sashi Sahuani, a customer of the Branch, a sum of Rs. 230/-for credit towards her account and made necessary entries in the Bank Pass Book held by her and failed to account for such monies in the books ...
Union of India (Uoi) and ors. Vs. Subhas Jha
Court: Kolkata
Decided on: Dec-10-1997
Reported in: (1999)IIILLJ1117Cal
Satyabrata Sinha, J.1. This appeal is directed against a judgment and order dated 10th May, 1996, whereby and whereunder the learned trial Judge quashed an order of termination of service of the petitioner during his probationary period on the ground of unsatisfactory work.2. The fact of the matter lies in a narrow compass.3. The petitioner was appointed as an Assistant Teacher in 1993 in Border Security Force Senior Secondary Residential School, Kadamtala, Siliguri run and managed by the Border Security Force. The petitioner was appointed on July 15, 1993 by reason of an appointment letter which, inter alia, provided that the petitioner would be under probation for a period of two years. The said period of probation was later on extended for another one year.4. It is stated that a disciplinary proceeding was initiated against the petitioner wherein he was exonerated. The contention of the petitioner, inter alia, is that the school in question is affiliated to Central Board of Secondar...
Sankar Prosad Ghosh Vs. Lakshmi Rani Ghosh
Court: Kolkata
Decided on: Dec-10-1997
Reported in: II(1998)DMC53,I(1999)DMC624
Bhagabati Prosad Banerjee, J.1. In view of two conflicting decisions of two learned Single Judges of this Court regarding the date from which order for maintenance could be passed by the learned Magistrate under Section 125 of the Code of Criminal Procedure, this matter has been referred to the Division Bench for examining the scope of power of the learned Magistrate under Section 125 of the Code of Criminal Procedure and as to the date from which the learned Magistrate could pass order for maintenance. In an unreported decision of the Hon'ble Justice A.K. Chatterjee (as his Lordship then was) in Criminal Revision No. 1518 of 1989 in the case of Sankar Ganguly v. Sarama Ganguly, decided on 15th May, 1990, it was held that the order passed by the learned Magistrate giving retrospective effect to the order of maintenance from the date of the application could not be supporting which, had the effect of saddling the husband with the liability to pay arrear maintenance to his wife. It is fu...
Jyotsna Mukherjee (Smt.) Vs. Utpal Mukherjee
Court: Kolkata
Decided on: Dec-10-1997
Reported in: I(2000)DMC477
Tarun Chatterjee, J. 1. The wife in a matrimonial suit is the appellant before us. The husband sued for divorce on the ground that the wife was guilty of cruelty and desertion. The. case of cruelty and desertion was, however, denied by the wife. Parties adduced evidence in support of their respective cases. The Trial Court found that the case of desertion was not proved by the husband, but held that the husband was entitled to a decree for divorce on the ground of cruelty. Feeling aggrieved by this judgment and decree of the Trial Court this appeal has been preferred.2. In the plaint the case of cruelty and desertion as made out by the husband / respondent may be stated in a nutshell which is as follows :The marriage between the wife/appellant and the husband/respondent was solemnised according to Hindu rites on 10th March, 1984. After the marriage the wife went to her matrimonial home and there the Boubhat ceremony was held on 12th March, 1984. On the 15th March, 1984, the wife fell s...
Upasana Ghosh Alias Bramhachari Vs. the State
Court: Kolkata
Decided on: Dec-09-1997
Reported in: (1998)1CALLT363(HC)
R. Bhattacharyya, J. 1. This criminal appeal is directed against an order of conviction and sentence passed by the learned trial Judge in Session Trial No. 2(7) of 1987 convicting the accused Upasana Ghosh. @ Bramhachary to life imprisonment for having committed offences under sections 302/ 201/34 of the IPC.2. For the sake of brevity without obscurity and for transparency, the factual exposure of the case will unfold the history of the incident, failing which, it will create not only a dent on the fact but also on law. The law will scorn us if we depart from the procedure, as glaringly available in section 354 of the Code of Criminal Procedure.3. Now returning to the background of the case, we find that Utpal Chowdhury and his younger brother Ujjal became the disciples of 'Shree Tridandi Swamy' shortly before 9 years of the occurrence and the elder brother Uttam Chowdhury @ Uttam Sloko Bramhachary also became the disciple of the said Maharaj some 10 years back and all the three used t...
Prithwis Kumar Nag Vs. State of West Bengal
Court: Kolkata
Decided on: Dec-08-1997
Reported in: (1998)1CALLT472(HC),1998CriLJ3502
D.P. Kundu, J. 1. This revisional application is directed against an order dated 6.3.95 passed by the Sub-Divisional Judicial Magistrate, Ranaghat, Nadia in G.R. Case No. 1173 of 1993 arising out of Ranghal Police Station Case No. 450 dated 27.12.93 under sections 341. 325, 304. 34. 201 of the indian Penal Code. 2. This revisional application has been preferred by Prithwis Kumar Nag, Deputy Superintendent of Police, Central Bureau of investigation, Special Crime Branch, Salt Lake City, Calcutta. By the aforesaid order dated 6.3.95 passed by the Subdivisional Judicial Magistrate. Ranaghat, Nadia in G.R. Case No. 1173 of 1993, the Central Bureau of Investigation was entrusted with the investigation of the aforesaid G.R. Case No. 1173 of 1993. 3. Pursuant to a First information Report lodged by Shri Nanda Dulal Chakraborty. Ranaghat Police Station Case No. 450 dated 27.12.93 under sections 341, 325, 304, 34, 201 of the indian Penal Code was registered for investigation. 4. It was alleged ...
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