Kolkata Court July 1997 Judgments
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Sri Suresh Chandra Ghosh Vs. Sri Rabindra Nath Biswas
Court: Kolkata
Decided on: Jul-04-1997
Reported in: (1997)2CALLT467(HC)
Sudhendu Nath Mallick, J.1. The instant second appeal at the instance of the defendant/appellant is directed against the Judgment and decree dated 19.9.87 passed by the learned Assistant District Judge, Second Court, Hooghly in title appeal No. 341 of 1978 whereby the appeal was allowed reversing the Judgment and decree of dismissal dated 18.11.78 passed by the learned Munsif, Second Court, Hooghly in title Suit No. 29 of 1977 renumbered as 127 of 1978 and a decree for eviction of the defendant/ appellant was passed in respect of the suit premises. It may be noted that the trial court dismissed the plaintiff/respondent's suit on the ground that the same was barred by limitation. Although the instant second appeal was admitted on the grounds Nos. 13 and 15 urged in the memo of appeal (vide order dated 17.8.88), the leaned counsel for the appellant was permitted to argue the appeal at the time of hearing also on the grounds taken in the memo of appeal being Nos. 1, 3, 4, 8, 9, 10, 11, 17...
Sita Cheriyan Mukerji Vs. Appropriate Authority of Income-tax and ors.
Court: Kolkata
Decided on: Jul-03-1997
Reported in: [1997]228ITR236(Cal)
V. K. Gupta, J.1. An order passed on January 31, 1995, by the Appropriate Authority of Income-tax, Calcutta, respondent No. 2 in this petition has been challenged by the petitioner on a number of grounds. However, since this petition is being disposed of on a solitary ground, other grounds need not be taken into consideration. The brief facts are that respondent No. 5, Shrimati Jayanti Mukherjee, was the owner of flat No. 10, Block-B, situated on the 4th floor in a multi-storeyed building known as Sunny Park Co-operative Housing Society, situated at 6, Sunny Park, Calcutta. By an agreement dated October 21, 1994, she decided to sell this property to the petitioner, Shrimati Sita Cheriyan Mukerji, for a consideration ofRs. 16.50 lakhs, Since the apparent consideration of the property in question exceeded the then prescribed limit of Rs. 10 lakhs at the relevant time, the vendor and the vendee both filed Form No. 37-I on October 21, 1994, before respondent No. 1, as was required under Se...
Aloke Kumar Ghosh and ors. Vs. Calcutta Municipal Corporation and ors.
Court: Kolkata
Decided on: Jul-03-1997
Reported in: (1997)2CALLT249(HC)
Vinod Kumar Gupta, J.1. An ambitious project conceived some time in 1986, to convert an existing market place which has been in an extremely dilapidated state, full of dirt, filth, squalor, human excreta and with all the hazards that go alongwlth an unstable structure built, may be hundred or more years ago, into an ultra-modern multi-storeyed shopping mall has not been allowed to even take off till date, thanks to the diallingdallying on the part of the authorities of Calcutta Municipal Corporation and others, the delay of more than 11 even in starting the project, for a change not being attributable at all to any judicial process. It is not very uncommon these days that some people raise accusing fingers towards the courts of law for delaying the execution, completion and commissioning of projects because of the pendency of litigation in the courts and the issuance of interim directions. This however is a classic case where, without any interference from the courts, the Authority ent...
Sita Cheriyan Mukerji Vs. Appropriate Authority and ors.
Court: Kolkata
Decided on: Jul-03-1997
Reported in: (1998)145CTR(Cal)413
V. K. GUPTA, J. :An order passed on 31st January, 1995, by the Appropriate Authority of Income-tax, Calcutta, respondent No. 2 in this petition, has been challenged by the petitioner on a number of grounds. However, since this petition is being disposed of on a solitary ground, other grounds need not be taken into consideration. The brief facts are that respondent No. 5, Shrimati Jayanti Mukherjee, was the owner of flat No. 10, Block-B, situated on the 4th floor in a multi-storeyed building known as Sunny Park Co-operative Housing Society, situated at 6, Sunny Park, Calcutta. By an agreement dt. 21st October, 1994, she decided to sell this property to the petitioner, Shrimati Sita Cheriyan Mukerji, for a consideration of Rs. 16.50 lakhs. Since the apparent consideration of the property in question exceeded the then prescribed limit of Rs. 10 lakhs at the relevant time, the vendor and the vendee both filed Form No. 37-I on 21st October, 1994, before respondent No. 1, as was required und...
Umesh Prasad Singh Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Jul-02-1997
Reported in: (1997)2CALLT477(HC)
Gitesh Ranjan Bhattacharjee, J.1. In this writ petition the petitioner prays for. setting aside the impugned order of dismissal from service dated 8.3.85. The petitioner while serving as a Rakshak in the Railway Protection Force and attached to the Padmapukur Railway Protection Force Post was dismissed from service by the impugned order of dismissal dated the 8th March, 1985 passed by the senior Security Officer, South-Eastern Railway as disciplinary authority. The said dismissal order is annexure-B to the writ petition. The dismissal order was passed in the background of conviction of the petitioner by court on a criminal charge under the Railway Property (Unlawful Possession) Act, 1966. It is recited in the dismissal order that whereas it is considered that the conduct of the petitioner which led to his conviction is such as to render his further retention in public service undesirable he is dismissed in exercise of the powers conferred by Rule 47{a) of the RPF Rules, 1959 with effec...
Saptaparni Co-operative Houseing Society Ltd Vs. Professor Chitta Mitr ...
Court: Kolkata
Decided on: Jul-01-1997
Reported in: (1998)1CALLT68(HC)
B.M. Mitra, J.1. The order Impugned is set aside and is superseded by the present order as directed hereinbefore. The revisional application was succeed to the extent as indicated above.The instant application under Article 227 of the Constitution of India is directed against an order of the Deputy Registrar, Co-operative Societies, West Bengal being appended to the writ petition as annexure 'E' by which the Deputy Registrar, Co-operative Societies, West Bengal has passed an ad-interim exparte order that the Annual General MeeUng of the petitioner's Society scheduled to be held on 11.5.97 at 2:00 p.m. in Society's premises is not to be held until further orders and the same is reflected from a letter addressed to the Chairman of the Managing Committee of Saptaparni Cooperative Housing Society Ltd. in the connected notice of the proposed Annual General Meeting for 1996-97 as appearing from annexure 'B' enclosed to the petition, It appears that multiple Items have been included in the ag...
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