Kolkata Court November 1998 Judgments
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Romi Jaiswal Vs. Smt. Satya Bhama Jaiswal and ors.
Court: Kolkata
Decided on: Nov-30-1998
Reported in: (1999)3CALLT90(HC)
The Court1. The defendant has taken out this application on 29th July, 1998 for the purpose of revocation of the leave under Clause 12 of the Letters Patent and plaint be taken off the file or the suit be dismissed with other consequential reliefs supported by an affidavit dated 14th July 1998.The petitioner made two fold attack for the above i.e.a) Suit is basically a suit for land;b) Forum convenience or natural forum for the relief is the appropriate court in the State of Bihar;2. It appears that the suit was instituted by the plaintiff as farback as on 13th November 1997 praying inter alia;3. Leave Order 11 Rule 2 of the Code of Civil Procedure, 1908 and for the leave under clause 12 of the Letters Patent. 1785 for instituting the instant suit and prays for the following reliefs:-a) A declaration that the partnership created under the Deed of Partnership dated September 15th, 1982 known as M/s. Sujata Picture Palace stood dissolved as on November 10th, 1997;b) Alternatively that th...
Deboram Manna and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Nov-27-1998
Reported in: (1999)1CALLT199(HC),[1999(82)FLR376]
M. H. S. Ansari, J. 1. As the two matters raise similar questions for consideration the above writ applications have been taken up analogously and are being disposed of by this common Judgment and order :--In AST 2379 of 1998 ; about eleven petitioners have claimed that their names have been sponsored by the District Employment Exchange in the District of Midnapore for appointment to the post of Primary Teachers. The petitioners state that they have requisite qualifications for holding the said post and that they have been denied the opportunity of participating in the interview although they have submitted the requisite certificates as calledfor by the respondent Primary Council pursuant to the letters issued in that behalf. The petitioners have not been called in the interview which is proposed to be held on 29.11.98 for the purpose of preparation of panel of eligible Primary Teachers to be appointed in the vacancy of Primary Schools in the District of Midnapore. The petitioners have...
Food Corporation of India Vs. Williamson Magor and Co. Ltd.
Court: Kolkata
Decided on: Nov-27-1998
Reported in: (1999)1CALLT331(HC),1999(1)CHN220
1. This is an appeal from a judgment and decress dated 9.7.96 whereby partial eviction of the tenant defendant was permitted and a reference ordered as to mesne profits. The defendants are the appellants here.2. There is a cross-objection by the plaintiff respondent also and they claim that they are entitled to full eviction. Before us they have also asked for qualification of mesne profits by the court itself.3. The premises in question is 4, Mangoe Lane which is in a very congested office locality of Calcutta. It is not very far from the court premises. Three floors in that building (3rd to 5th) are involved here.4. The plaintiffs are an extremely prosperous company and they have several subsidiaries and controlled companies. They were orginally managing agents but after the abolition of managing agency they joined hands with another group of managing agents. They own and control some 58 tea gardens and their tea empire is large.5. The building in question came up sometime in or abou...
Krittibas Halder Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Nov-27-1998
Reported in: (1999)1CALLT374(HC)
1. The Court: The present writ application is filed seeking the substantive relief in the nature of mandamus to cancel the panel prepared on 30.4.98 for appointment of a Blo-Sctence teacher of Abhoy Char an Vldyapith, P.O. Amgachla, Dlst. 24-Parganas (South) and to recast the panel in accordance with the qualification of the candidates and approve the panel accordingly.2. Briefly stated, the facts of the case are that for filling up the post of Assistant Teacher (Bio Science) prior permission was granted by the District inspector of Schools (SE) by his order dated 29.6.93. The requisite qualifications specified therein for the post in question are B.Sc. (Bio-Science) preferably B.Ed.3. Pursuant to the said permission, school authorities requested the employment exchange to sponsor the name of eligible candidates. The employment exchange sponsored the names of candidates by its letter dated 27th August, 1993. The petitioner as also the private respondent No. 6 are in that list. The date...
Britannia Industries Ltd. Vs. Dy. Commissioner of Income Tax
Court: Kolkata
Decided on: Nov-27-1998
Reported in: [1999]71ITD14(Cal)
ORDERPer S. C Tiwari, AM.Ground of appeal No. 1 in this appeal filed by the assessee is directed against the disallowance of a sum of Rs. 1 lakh sustained by the ld. Commissioner (Appeals) on the ground of beverages etc. provided to the visitors. The facts of the case, in brief, are that as per Tax Audit Report the total amount of expenditure on entertainment was estimated at Rs. 10,83,749. The assessing officer found that this did not include payment of Rs. 1,03,650 made to the clubs. Further. the assessing officer found that the auditors had pointed out that the amount of entertainment expenditure did not include expenditure on tea, coffee etc. to visitors at the office/factory premises of the assessec-company because the same was not ascertainable. The assessing officer requested the assesseecompany to furnish details of such expenses. The assessee-company, however, did not file the details but made an estimate of Rs. 19,687 in this behalf. In these circumstances, the Id. assessing ...
M/S. Paschim Banga Bekar Yubok Enterprises Vs. the Secretary to the Go ...
Court: Kolkata
Decided on: Nov-26-1998
Reported in: (1999)1CALLT318(HC)
M.H.S. Ansari, J.1. The present writ petition is died by an Association of unemployed youth. The petitioner association on coming to know that the Conservator of Forest--respondent No. 5 herein was going to sell Sal poles, the petitioner prayed for allotment of 5000 (five thousand) numbers of Sal poles to the Minister-in-charge. Department of Forest. Thereupon the Deputy Secretary directed the then Chief Conservator of Forest inter alia that the Government agrees to sell the Sal poles to the petitioner. The respondent No. 6, it is averred in the writ application, communicated the decision of the Government and the Divisional Forest Officer was directed to obtain security deposit from the petitioner and to execute a suitable agreement with the petitioner. According to the petitioner, they signed the agreement paper and deposited a security money of Rs. 1,000/- Part delivery of Sal poles, it is stated, was made. When the supply was stopped, the petitioner moved this Hon'ble High Court an...
Nilesh Hemani Vs. Commissioner of Income-tax and ors.
Court: Kolkata
Decided on: Nov-26-1998
Reported in: (1999)155CTR(Cal)283,[1999]239ITR517(Cal)
Y.R. Meena, J.1. By this petition, the petitioner has challenged the notice issued under Section 158BC of the Income-tax Act, 1961, and prayed that the notice be quashed and further prayed that the amount of Rs. 1,35,00,000 be returned to the petitioner.2. The case of the petitioner is that the petitioner has been carrying on business as importer and also carrying on business of dealing in shares for the last several years. In 1997, a Voluntary Disclosure Scheme (hereinafter called 'the Scheme'), came into force with effect from July 1, 1997. Under that Scheme any person could make a declaration in respect of any income chargeable to tax under the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), which has not been subject to tax earlier. Section 67(1) of the Scheme provides that the declarant could file a declaration without paying the tax but such tax has to be paid within three months from the date of filing of the declaration with simple interest at the rate of 2 per cen...
Smt. Puspa Singh and anr. Vs. State of West Bengal
Court: Kolkata
Decided on: Nov-24-1998
Reported in: (1999)1CALLT393(HC)
The Court1. The petitioners claim to have been appointed as Assistant Teachers in Sarat Chandra Prathamik Vidya Mandir in 1974. They have relied upon two letters issued to them by the Secretary of the School. According to the petitioners since that date they have been working as additional teachers in the school. They have filed this writ application in 1994 asking for a direction on the Education Authorities to approve the petitioners services.2. The District Primary School Council has opposed the writ application. They have submitted that the writ application was grossly delayed and should not be entertained. The second submission is that the petitioners had not been appointed by following the procedure. The letters of appointment have been criticised on the ground that they were not on the official school pad and that there was no mention of any resolution of the Managing Committee by which their appointment was made. It is pointed out that the appointment letter of the petitioner N...
Peico Electronics and Electricals Limited and anr. Vs. Deputy Commissi ...
Court: Kolkata
Decided on: Nov-24-1998
Reported in: [1999]236ITR702(Cal)
Y.R. Meena, J.1. By this petition, the petitioner has prayed that the intimation under Section 143(1)(a) of the Income-tax Act, 1961, issued by the Assessing Officer should be quashed and no effect should be given to any order which is issued under intimation under Section 143(1)(a) of the Act.2. The petitioner has filed the income-tax return on December 27, 1989, for the assessment year 1989-90 showing a loss of Rs. 28,74,24,579, Thereafter the petitioner has filed a revised return claiming a sum of Rs. 45,08,85,300 to be carried forward as loss. Before the petitioner filedthe second revised return he received a notice dated May 31, 1990, under Section 143(2) of the Act on June 1, 1990, whereby respondent No. 1 required the petitioner to produce the documents and accounts on which the petitioner wanted to rely in support of the return on June 18, 1990. In pursuance of that notice, the authorised representative of the petitioner produced all the books of account and documents. In the c...
Tapan Kumar Dasgupta Vs. Indra Narayan Patra
Court: Kolkata
Decided on: Nov-23-1998
Reported in: (1999)1CALLT503(HC)
K. J. Sengupta, J.1. This is an application for contempt of court alleging inspite of notice and knowledge of the Order passed by me on 6th August, 1997 in the writ petition being No. 12599(W) of 1997 the respondents and each of them violated the said order. It is further alleged in the petition that by a letter dated 6th August, 1997 an interim order of status quo passed by me was communicated to the respondents and each of them herein. It is further alleged in violation of the order of status quo therespondents and each of them have counted the votes and published the result and held Annual General Meeting.2. The respondents and each of them after the rule was served upon them have duly filed separate affidavit-in-opposition. The defence and/or anwser in dealing with the allegations made in the Contempt Petition are identically same. The sum and substance of the defence taken by the respondents and each of them amongst other are as follows:--(i) None of the respondent has received th...
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