Kolkata Court September 1997 Judgments
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Sheila Sengupta and anr. Vs. Shib Naryana Roy
Court: Kolkata
Decided on: Sep-16-1997
Reported in: (1998)1CALLT311(HC)
S.B. Sinha, J.1. This appeal is directed against a judgment and decree passed by Sri B.K. Lala, Subordinate Judge, 3rd Court, Alipore, in Title Suit No. 20 of 1981, dated Match 8, 1984, whereby and whereunder the said learned court decreed a suit for specific performance of contract instituted, by the plaintiff/respondent. In view of the questions raised before this court it is not necessary to state the fact of the matter in great details.2. The admitted facts are as follows:3. One Jttendra Nath Sengupta was admittedly the owner of the property in question. He executed an agreement for sale in favour of the plaintiff/respondent on 14.12.79. The said Jitendra Nath Sengupta died on 9.1.80. The plaintiff/respondent filed the aforementioned suit for specific performance of contract claiming, inter alia, the following reliefs:'(a) A decree may be passed against the defendants for specific performance of the contract for sale in respect of the suit premises dated 14.12.97 on payment to the ...
Hirendra Nath Basu Vs. Kshetra Mohan Dutta
Court: Kolkata
Decided on: Sep-16-1997
Reported in: (1998)2CALLT5(HC)
S.B. Sinha, J 1. This appeal is directed against the judgment and decree dated 27.2.96 passed by the learned Judge, 12th Bench of the City Civil Court at Calcutta in Ejectment Suit No. 182 of 1993.2. The plaintiff filed the aforementioned suit for eviction of the defendant/appellant on the ground of his reasonable requirement. The plaintiff in his plaint stated in details as to how many rooms are required by him. In paragraph 10 of the plaint, it has also been stated that he has no other suitable accommodation to accommodate his family save and except the premises referred to in the plaint in the city of Calcutta or elsewhere. The said statements have been traversed by the defendant in paragraph 15 of the written statement which is in the following terms :'That with regard to the statements made in paragraphs 7 to 20 this defendant emphatically denies and disputes each and every allegations averments and/or statements made therein and states that the paragraph 20 is the repetition of p...
Taleb Sk. Vs. State of West Bengal
Court: Kolkata
Decided on: Sep-16-1997
Reported in: 1998CriLJ909
ORDERDibyendu Bhusan Dutta, J.1. Order dated January 20, 1997 passed by the Collector under the Essential Commodities Act, 1955, Malda in confiscation case No. 1 /97 forms the subject-matter of challenge in the instant revisional application that has been filed under Article 227 of the Constitution of India.2. The facts leading to this confiscation case may in substance be stated as follows :On 26-12-96, at about 17.15 hours, acting on an information to the effect that the present petitioner was carrying on a business of several essential commodities and sending those to Bangladesh and also the information to the effect that a truck was being loaded with wheat from the godown of the present petitioner, the O.C. Mathabari Out Post P.S. Kalaiachak diarised the information under Mathabari O.P. being G.D. entry No. 527, dated 26-12-96 and accompanied by other police officials raided the said godown of the present petitioner. At the time of raid a truck bearing No. W.B. 65/1095 was being lo...
Tyre Corporation of India Limited Vs. Debendra Nath Bhattacharjee and ...
Court: Kolkata
Decided on: Sep-15-1997
Reported in: AIR1998Cal218
ORDERSamaresh Banerjea, J.1. This is an application under An. 227 of the Constitution challenging the order No. 63 dated April 28, 1997 passed by the learned Judge, Second Court, City Civil Court, Calcutta, in Commercial Execution Case No. 24 of 1989 issuing prohibitory order upon garnishee.2. The opposite party No. 1 obtained a decree for money in Commercial Suit No. 8 of 1984 on 19th of Sept. 1985 against Inchek Tyres Limited and National Rubber Manufacturers Limited and thereafter in that execution case the present petitioner Tyre Corporation of Indi a Limited was added as (sic) present Corporation after nationalisation of the aforesaid Inchek Tyre and National Rubber Manufacturers Limited is the successor of the aforesaid two companies, in the aforesaid Execution case, being Commercial Case No. 8 of 1984, the present petitioner made an application on 15th of March, 1995 for suspension of the Execution case, inter alia, on the ground that the petitioner company had been declared sic...
Assistant Commissioner of Income Vs. Nitu Trading Co. Ltd.
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Sep-12-1997
Reported in: (1998)65ITD157(Kol.)
1. This appeal is instituted by the Revenue against the order of the CIT(A) for the asst. yr. 1984-85 on the following grounds : 1. "That, on the facts and in the circumstances of the case, the learned CIT(A)-VI, Calcutta, did not have jurisdiction to pass the order under s. 154. 2. That, on the facts and in the circumstances of the case, the learned CIT(A)-VI, Calcutta, there could be no apparent mistake for rectification under s. 154." 2. In brief, the facts of the case are that in this case the original assessment was finalised under s. 143(3) by the AO on 11th March, 1988, on a total income of Rs. 18,33,260 as against the returned income of Rs. 83,150. The assessee filed appeal before the CIT(A) and disputed all the additions in the grounds. When the appeal was fixed for hearing the assessee in response to the notice of hearing, addressed a letter dt. 18th March, 1989, to the CIT(A) stating therein that as per guidelines of the CBDT the assessee has filed revised return and has pa...
Assistant Commissioner of Income Tax Vs. Nitu Trading Co. Ltd.
Court: Kolkata
Decided on: Sep-12-1997
Reported in: (1998)61TTJ(Cal)63
ORDERR. ACHARYA, A.M. :This appeal is instituted by the Revenue against the order of the CIT(A) for the asst. yr. 1984-85 on the following grounds :1. 'That, on the facts and in the circumstances of the case, the learned CIT(A)-VI, Calcutta, did not have jurisdiction to pass the order under s. 154.2. That, on the facts and in the circumstances of the case, the learned CIT(A)-VI, Calcutta, there could be no apparent mistake for rectification under s. 154.'2. In brief, the facts of the case are that in this case the original assessment was finalised under s. 143(3) by the AO on 11th March, 1988, on a total income of Rs. 18,33,260 as against the returned income of Rs. 83,150. The assessee filed appeal before the CIT(A) and disputed all the additions in the grounds. When the appeal was fixed for hearing the assessee in response to the notice of hearing, addressed a letter dt. 18th March, 1989, to the CIT(A) stating therein that as per guidelines of the CBDT the assessee has filed revised r...
Dr. Pranatosh Roy and ors., Etc. Vs. University of Calcutta and ors.
Court: Kolkata
Decided on: Sep-10-1997
Reported in: AIR1998Cal181
ORDERGitesh Ranjan Bhattacharjee, J.1. All these three writ petitions have been heard together and are being disposed of by this judgment as the pivotal question involved in all these matters is the same, namely, whether reservation for SC/ST category is permissible in the West Bengal Government service quota for admission to the various Post-Graduate Medical Degree and Diploma Courses in certain institutions/colleges in West Bengal in 1997.2. The total number of seats for the various post-graduate medical courses under the University of Calcutta in 1997 is 443. Out of that, 61 seats are allotted to all India quota and the remaining 382 seats are to be filled up by the University of Calcutta inasmuch as admission to 75% of total number of seats in the different postgraduate courses is conducted by the University of Calcutta while admission to the remaining 25% of the seats is open to candidates selected through All India Entrance Examination. Out of the 382 West Bengal seats at the dis...
Manderbhani Colliery Vs. Phulwanti Devi
Court: Kolkata
Decided on: Sep-10-1997
Reported in: (1999)ILLJ937Cal
Satyabrata Sinha, J.1. This appeal under Section 30 of the Workmen's Compensation Act is directed against an Order dated May 18, 1985 passed by Shri B.K. Mitra, Commissioner. Workmen's Compensation, Durgapur wherein and whereunder the said authority has awarded a sum of Rs. 27,000/-2. We find from the records that this matter was not placed under Order XLI Rule 11 of the Code of Civil Procedure and, thus, no substantial question of law was formulated as is mandatorily required under the proviso appended to Section 30 of the said Act.3. Having considered the matter and having heard the learned Counsel for the parties, we formulate the following substantial question of law for our decision:'Whether the Commissioner, Workmen's Compensation, acted illegally in so far as it failed to discuss the materials on record and thereby wrongly decided the jurisdictional fact.'4. The feet of the matter lied in very narrow compass. The petitioner's husband Mahngu Kahar allegedly died in an accident wh...
RabIn Roy Choudhury Vs. State
Court: Kolkata
Decided on: Sep-10-1997
Reported in: 1998CriLJ1699
ORDERDibyendu Bhusan Dutta, J.1. Dalhousie Institute is a registered society under Societies Registration Act, 1960 having its registered office and club house at 42, Jhowtala Road within Police Station Karaya, Calcutta. The institute is established to promote literary and scientific improvements of its members by means of lecutures, library reading room and such other resources as may from time to time, devised and various other activities. Under the rules and by laws of the Institute, the Annual General Meeting is held each year not later than 15th July as may be fixed by the Council of the Institute. The Council fixed 27th Oct. 1981 for holding the Annual General Meeting. Only permanent members and life, members are entitled to be present at the Annual General Meeting of the Institute and vote.2. The Dalhousie Institute, represented by its Honorary Secretary, Mr. Robin Roychowdhury, filed an application under Section 144, Cr.P.C. in the First Court of Executive Magistrate at Alipore...
Dr. Satya Narayan Chowdhuri Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Sep-09-1997
Reported in: 1998CriLJ928
ORDERDisbyendu Bhusan Dutta, J.1. The order dated 16-5-97 passed in M.P. Case No. 367(S) of 1997 by the learned Sub-Divisional Magistrate, Sadar, Hooghly forms the subject, matter of the challenge in the instant revisional application filed under Sections 401 and 482 of the Code of Criminal Procedure.2. The said M.P. case arose out of an application that was filed by the wife/opposite party No. 2 under Section 94 of the Code of Criminal Procedure praying for recovery of certain properties mentioned in the schedule annexed to that petition on the strength of a Search Warrant to be issued against the husband-petitioner. The averments made in the said application under Section 94 of the Code of Criminal Procedure may be stated as follows :The marriage between the petitioner and Opposite Party No. 2 took place on 25-1-91. At the time of marriage the father and the relatives of the wife-opposite party gave a sum of Rupees 25,000/- in cash and the articles mentioned in the schedule annexed t...
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