Kolkata Court March 1997 Judgments
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Saroj Poddar and ors. Vs. Vice-chancellor, Calcutta University and ors ...
Court: Kolkata
Decided on: Mar-05-1997
Reported in: AIR1998Cal65
ORDERShyamal Kumar Sen, J.1. In the instant writ petition the petitioners have challenged the way of conducting and/or holding examination of supplementary Bio-Chemistry, First Professional M.B.B.S. Examination Paper, 1995 held in 1996 and prayed for cancellation of the same. The petitioners have also prayed that the results of the said supplementary Bio-Chemistry examination held in July, 1996 for the year 1995 of the first Professional M.B.B.S. under University of Calcutta should not he published.2. The petitioners are all admitted in the M.B.B.S. course after being qualified in the West Bengal Joint Entrance Examination held in 1993 and/or in 1994.3. It is the contention of the petitioners that the panel of examiners for the said examination were appointed by the University authority in violation of rules, regulations, norms, practice and procedure for appointment of panel of examiners and particularly the guidelines issued by the Controller of Examination dated 24th June, 1996 and ...
Sk. Roushan Ali Vs. Kazi Abdul Jalil
Court: Kolkata
Decided on: Mar-04-1997
Reported in: (1998)1CALLT455(HC)
1. This is an application for amendment of the plaint filed at the instance of the plaintiff/appellant at the appellate stage. A suit for specific performance of an agreement for sate of land and structures described in the schedule of the plaint in terms of an agreement dated 17th November, 1993 was instituted by the plaintiff-appellant in the 3rd court of the Assistant District Judge, Alipore, which ended in dismissal. Before we proceed further, it may be kept on record that no objection was raised by the defendant respondent in the trial court as to the maintainability of the suit for specific performance of the contract for sale in the absence of the averments in the plaint that the plaintiff-appellant had performed or had always been ready and willing to perform the essential terms of the contract which were to be performed by him. The trial court proceeded with the trial of the suit and the defendant respondent fully participatedtherein without any objection either in his pleadin...
Commissioner of Income-tax Vs. Suman Tea and Plywood Industries (P.) L ...
Court: Kolkata
Decided on: Mar-04-1997
Reported in: [1997]226ITR34(Cal)
Barin Ghosh, J.1. In Income-tax Reference No. 201 of 1991, the following questions have been referred to us in R. A. No. 574/(Cal) of 1990 :' 1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that 'tea bushes' should not be taken as a part of 'agricultural land' but as a part of capital assets of the assessee's tea business ? 2. Whether, on the facts and in the circumstances of the case and in view of the finding of the Commissioner of Income-tax (Appeals) that there is absolutely no indication to show that the appellant had not spent even a pie on the growth of the trees and in view of the fact that the assessee itself purchased the Oakes Tea Estate with standing trees on March 15, 1978, the finding of the Tribunal that the trees did not cost the assessee anything is based on any relevant material or perverse ? 3. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the pro...
Commissioner of Income Tax Vs. Suman Tea and Plywood Industries (P) Lt ...
Court: Kolkata
Decided on: Mar-04-1997
Reported in: (1997)140CTR(Cal)454
BARIN GHOSH, J. :In IT Ref. No. 201 of 1991, the following questions have been referred to us in R.A. No. 574/Cal/1990 :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that 'Tea Bushes' should not be taken as a part of 'agriculture land' but as a part of capital assets of the assessees tea business ?2. Whether, on the facts and in the circumstances of the case and in view of the finding of the CIT(A) that there is absolutely no indication to show that the appellant had not spent even a pie on the growth of the trees and in view of the fact that the assessee itself purchased the Oaks Tea Estate with standing trees on 15th March, 1978, the finding of the Tribunal that the trees did not cost the assessee anything is based on any relevant material or perverse ?3. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the profit on the sale of the timber is neither assessable as...
Smt. Rani Aloka Dudhoria and ors Vs. the State of West Bengal and ors
Court: Kolkata
Decided on: Mar-03-1997
Reported in: (1998)1CALLT92(HC)
B.P. Banerjee, J. 1. This is an appeal against the judgment and order dated March 20, 1992, passed by the learned trial Judge rejecting the writ application.2. The subject matter of challenge in the writ application was an order of requisition dated May 5, 1986, passed under section 3(1) of the West Bengal Land (Requisition & Acquisition) Act, 1948. The property was sought to be requisitioned for 'the purpose of maintaining supplies and services essential to the life of the community, viz., for construction of Government building for Government Offices and residential quarters to the requisitioned land described in the schedule below'. The land which was sought to be requisitioned was more or less 0.1347 hectares or 0.3329 acres comprising premises No.6, Camac Street (portion). Calcutta. The total land area of the premises in one bigha 6 cattahs 10 chattaks 68 sq. ft., and that area of land under requisition appears to be one-third of an acre. In the order of requisition, the particula...
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