Kolkata Court July 1998 Judgments
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Rob Mathys India Pvt. Ltd. Vs. Commissioner of Customs
Court: Kolkata
Decided on: Jul-28-1998
Reported in: 1998(104)ELT328(Cal)
ORDERY.R. Meena, J.1. Heard the learned Counsel for the parties. Counsel for the petitioner submits that directions dated 7-1-1997 of the Customs, Excise and Gold (Control) Appellate Tribunal has not been complied with by the Commissioner of Customs and therefore, the Commissioner should be directed to comply with the directions of the Tribunal dated 7-1-1997. The short controversy before the Tribunal was that whether the machinery in question was old and new and what is the correct value of the machines in question. The assessee preferred appeal before the Customs, Excise and Gold (Control) Appellate Tribunal and vide order dated 7-1-1997 the Tribunal has directed the Commissioner of Customs to make suitable arrangements for examining the machines by the independent institution and the petitioner should also be allowed to cross-examine the concerned person of M/s. Metropolitan Surgical Works who obtained the budgetary quotation from T.B. In compliance with these directions one Shri Sa...
The Kishan Co-operative Milk Producers' Union Ltd. and Anr. Vs. Sri Pa ...
Court: Kolkata
Decided on: Jul-27-1998
Reported in: (1999)1CALLT102(HC)
S. B. Sinha, J.1. The four appeals involving similar questions were taken up for hearing and are being disposed of together. The fact of the matter however shall be noticed from M.A.T. No. 1414 of 1998.2. The petitioner-First Respondent in each case were employees of the appellant which is a Co-operative Society registered under Cooperative Societies Act. Their services were terminated by an order dated 20.4.98. Allegedly the said order was passed on the ground of various misconduct committed by the writ petitioners including refusal to join at the transferred posts. The said order of termination dated 21.11.97 reads thus :--'Whereas Shri Paramananda Patra, Sales Asstt. of the Kishan Cooperative Milk Producers' Union Ltd., Nadia was transferred by the Managing Director of the Union vide his office Memo No. 537(8) dated 24.04.1997.Whereas The Managing Director of the above named Union has issued reminders to proceed to new post after handling over his charge.Whereas Shri Paramananda Pat...
Sona Rubber Industries Vs. West Bangal State Electricity Board and ors ...
Court: Kolkata
Decided on: Jul-27-1998
Reported in: (1998)3CALLT238(HC)
V.K. Gupta, J. 1. Proportionate reduction in the Annual Minimum Guaranteed Revenue (AMGR) as claimed by the appellant is at the centre of controversy in this appeal filed by the appellant under clause 15 of the Letters Patent against the Judgment dated 3.3.1998 passed by the learned Single Judge of this court. Actually this appears to be a third round of litigation in succession, raher a third attempt by the appellant in its efforts to establish that it is entitled to claim the proportionate reduction in the payment of AMGR and the reasons for such claim, as advanced by the appellant is the eratic functioning of the machinery installed in its factory. The appellant had obtained the connection of electricity and the Schedule of AMGR as granted by the respondent in the agreement duly executed for this purpose with the Electricity Board was as under :1st Year 56 KVA 2nd Year 100 KVA3rd Year 100 KVA 4th Year 100 KVA5th Year 100 KVA.2. The appellant's contention was that since the machinery...
Sri Sudhir Ranjan Paul Vs. Sri Chhatter Singh Baid and anr.
Court: Kolkata
Decided on: Jul-27-1998
Reported in: (1999)3CALLT261(HC)
S.B. Sinha, J. 1. These two appeals arise out of a judgment andorder dated 3.3.98 passed by Sri A.K. Dasgupta, Chief Judge. City Civil Court, Calcutta in Misc. Case No. 559 of 1992 whereby and whereunder the said learned Court dismissed applications filed by the appellant under Order 21 Rule 97 of the Code of Civil Procedure.2. The first respondent filed a suit for ejectment of its tenant M/s Krishna Textiles from the said premises which was an office room being No.II/4, on the first floor of premises No.3 Church Lane. Calcutta on the ground that the defendant had been a defaulter and also assigned possession of the said tenancy in favour of S. Pal and Bhranihaputra Fertilisers Distributors without the consent of the plaintiff. The schedule referred to in the plaint reads thus:-'All that being one office room being No.II/4 on the First Floor of the premises No. 2, Church Lane. Calcutta, butted and bounded as follows:- On the North : By office Room No. II/3 On the East : By over looking...
Ajit Kumar Barat Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-24-1998
Reported in: (1998)2CALLT533(HC),1998(2)CHN113
1. The Court : The challenge in this writ application is by an erstwhile employee of the respondent Indian Tea Association (ITA) to the refusal of the State Government to refer a dispute for adjudication under section 12(5) of the Industrial Disputes Act, 1947 (referred to as the Act).2. The background to the dispute is briefly narrated. The writ petitioner had been transferred by the ITA. The petitioner filed a suit in the City Civil Court at Calcutta challenging the order of transfer. An interim order was passed by the trial court staying the transfer order. ITA preferred on appeal to the High Court (FMAT No. 3116 of 1995). The High Court in turn, stayed the order of the trial court on 27.9.95. The petitioner's special leave petition to the Supreme Court challenging the order dated 27.9.95 was dismissed. The suit is pending.3. ITA Issued a termination letter 27.11. 95 dismissing the petitioner from service. The petitioner filed a second suit in the City Civil Court challenging the di...
Nitya Narayan Sarkar and ors. Vs. Anandamoyee Dikpati and ors.
Court: Kolkata
Decided on: Jul-23-1998
Reported in: (1999)1CALLT36(HC),1998(2)CHN428
A. Kabir, J.1. This revisional application is directed against order No. 137 dated 26th April. 1995. passed by the learned Munslf. 2nd court, Burdwan, in Title Suit No. 98 of 1987, allowing the plaintiffs' application under Order 6 Rule 17 read with section 151 of the code of civil procedure, for amendment of the plaint.2. One Satya Prosanna Dlkpati, since deceased, the predecessor-in-interest of the substituted opposite parties, fiied the aforesaid suit against the petitioner No. 1 herein and the predecessor-in-interest of the petitioners Nos. 2 and 3, inter alia, for permanent injunction to restrain the original defendants from disturbing the plaintiffs' right of user In respect of the passage described in Schedule 'A' to the plaint and from being dispossessed therefrom upon declaration of the plaintiffs' right, title and Interest therein and for other reliefs.The case made out in the plaint is that the original plaintiff and the defendants are residents of the same area and that the...
Abdul Khalek Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-23-1998
Reported in: (1998)3CALLT157(HC)
S.K. Tiwari, J. 1. This appeal is directed against the conviction and sentence, dated 14th August. 1997, recorded by Id. 3rd. Additional Session Judge, Midnapore, in Session Trial No. 34 of 1993.2. The appellant Abdul Khalek and 6 others were charge-sheeted by the Police under sections 148. 302/149, 307/149, 326/149 and 324/149 IPC for having committed the offences of riot, murder by Intentionally causing the death of Sk. Mobarak Ali in furtherance of common object of an unlawful assembly, attempt to commit murder of Jahanara Begum and voluntarily causing grievous hurt to Jahanara Begum and etc. The accused persons pleaded not guilty to the charges.3. The prosecution case was closed on 21st May, 1997. The accused persons were examined under section 313 Cr PC on the same day. The case was posted for 4th June, 1997. for recording defence witnesses. On that day no defence witnesses were present. The case was thereafter taken upon on 4th August. 1997. and one D.W. was partly examined. His ...
Ruby General Hospital Ltd. Vs. Chandmaku Construction Private Ltd.
Court: Kolkata
Decided on: Jul-22-1998
Reported in: (1999)1CALLT49(HC)
1. It appears that the winding-up petition was admitted by the learned Company Judge by his order dated 4th November, 1997. The learned Company Judge has also directed payment of the amount claimed by the petitioning creditor in the sum of Rs. 10.23,316.06/- within a fortnight from the date of his order and in default advertisement of the winding-tip petition. The Company has preferred an appeal from the said order and obtained a conditional order of stay from the appellate court dated 3rd December, 1997, By its said order the appellate court has directed the Company to furnish bank guarantee to the extent of Rs. 6,00,000/- and this order has been compiled with. It appears that the said bank guarantee is still subsisting. The stay application before the application court is pending.2. My attention has been drawn by the learned counsel for the Company to the averments made in the winding-up petition which read as follows :-'...the Contractor shall be entitled to the payment of the final...
United India Insurance Co. Ltd. Vs. Biman Krishna Basu
Court: Kolkata
Decided on: Jul-22-1998
Reported in: (1998)2CALLT578(HC)
1. The Court: This appeal under Clause 15 of the Letters Patent is directed against judgment dated 30th July, 1997 passed by the learned single Judge of this court whereby a direction was issued by the learned single Judge to the appellants to renew the medlclalm policy of the respondent-writ-petitioner. The writ application was allowed with costs assessed at 200 Cms.2. The respondents, Blman Krishna Bose had taken out a mediclaim insurance policy with the appellant, United India Insurance Company at the relevant time. The dispute between the parties arose because of the refusal of the appellants to renew the said medlclaim policy, despite a clause specifically providing for the renewal in the then existing and subsisting policy. The respondent approached this court by filing writ application under Article 226 of the Constitution of India complaining that the act of the appellants in refusing the renewal was arbitrary and subjective and that because of such refusal the respondent was t...
Smt. Champa Khanna and anr. Vs. Tejmal Choudhury
Court: Kolkata
Decided on: Jul-22-1998
Reported in: (1998)3CALLT244(HC)
S.K. Tiwari, J.1. This second appeal has been filed against the appellate decree passed by learned Assistant District Judge. Second Court, Alipore. In Title Appeal No. 102 of 1992. affirming the judgment and decree passed in Second Munsiff, Alipore. In Title Suit No. 397 of 1988.2. The plaintiff/appellant filed a suit for ejectment against the respondent. The plaintiff claimed ejectment from the premises in suit (House No. 83/3, Ballygunge Place) on the ground of bona ftde required for self occupation. It was contended that the appellants are presently residing at Premises No. 83/2. Ballygunge Place, Calcutta, which is owned by the uncle of plaintiff No. 2. The plaintiffs are licensees in that premises and are suffering from shortage of space. Plaintiffs have no other reasonably suitable accommodation. The tenancy of the defendant was determined by a notice dated 4th June. 1988 but the defendant failed to vacate the premises. Hence the suit.3. Defendant himself did not sign and verify ...
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