Kolkata Court August 1998 Judgments
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Bishnu Gopal Laha and ors. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-19-1998
Reported in: (1999)1CALLT93(HC),[1999(82)FLR96]
S.B. Sinba, J.1. The petitioner in this application has, inter alia, prayed for a writ in the nature of mandamus commanding the respondents to grant promotional benefits as per select list/Merit list to the petitioners in the judgeship of Dakshin Dlnajpur at Balurghat, Dakshin Dinajpur with effect from 1st November, 1994 as also commanding the respondents to strictly follow the select List/Merit List in respect of seniority of the petitioner and accordingly grant promotion. The fact of the matter is admitted. The petitioners who were three in numbers and the respondent No.5 were appointed on 20th June, 1986. In the seniority gradation list the petitioners' position was at serial Nos. 13, 14 and 15 whereas that of the respondent No.5 was at serial No. 16. Admittedly, the respondent No.5 is a member of the scheduled caste. He has been given his promotion by reason of an order dated 22.9.95 as contained in annexure 'B' to the writ application is in question.2. Mr. Roy, learned counsel app...
Sushil K. Sarkar Vs. Chairman-cum-managing Director, Hindustan Steel W ...
Court: Kolkata
Decided on: Aug-19-1998
Reported in: (1999)1CALLT232(HC),[1999(82)FLR331]
S.B. Sinha, J.1. The petitioner has, inter alia, prayed for the followingreliefs :--'(A) A Writ of and/or in the nature of Mandamus commanding the respondents to pay the salary to the petitioner after 31.8.94 and to finalise the financial settlement including the voluntary reUrement benefit as per Scheme of March, 1995; (B) A Writ of and/or in the nature of Mandamus commanding the respondents to pay the excess benefit of Rs.100/- from month of December, 1993 to August. 1994 first and then upto date; (C) A Writ of and/or in the nature of Mandamus commanding the respondents to pay the gratuity Provident fund and other benefits with the Scheme of March 1995 and allow the petitioner to stay in the quarter till May, 1997; (D) A Writ of and/or in the nature of Mandamus commanding the respondents to allow the petitioner to get the chance of voluntary retirement benefit as per Scheme of March 1995; (E) A Writ of and/or in the nature of certlorari commanding the respondents to transmit all the ...
Lynx India Limited Vs. Nilmony Roy
Court: Kolkata
Decided on: Aug-18-1998
Reported in: (1999)1CALLT90(HC),1998(2)CHN464
B. Bhattacharya, J. 1. This revisional application under section 115 of the Code of Civil Procedure ('Code') raises the following question for determination :2. If an application under sections 30 and 33 of the Arbitration Act, 1940 ('Act') is dismissed for default, whether an application under Order 9 Rule 9 read with section 151 of the Code for restoration is maintainable?3. The petitioner herein filed an application under section 14(2) of the Act for Judgment in terms of the Award dated February 16. 1993. The said application gave rise to Title Suit No. 496 of 1993 pending in the court of the learned Chief Judge, City Civil Court at Calcutta. In the said suit, the opposite party filed an application under sections 30 and 33 of the Act thereby praying for setting aside tbe said aware. The said application under sections 30 and 33 of the Act was registered as Miscellaneous Case No. 1984 of 1993. On April 16, 1997, the dated fixed for hearing of the aforesaid Miscellaneous Case, as non...
Smt. Shefali Ghosh Vs. Santi Ranjan Bhakat and ors.
Court: Kolkata
Decided on: Aug-18-1998
Reported in: (1999)1CALLT173(HC)
D. B. Dutta, J. 1. The present re visional application under section 115 C.P.C is directed against the orders Nos. 40 dated 23.9.97, 49 dated 9.3.98, 50 dated 10.3.98: and 51 dated 21.3.98 passed in J. Misc. Case 32 of 1987 of the Court of Munslff, Jhargram. The opposite parties filed that Misc. Case for pre-emption under sections 8 and 9 of the West Bengal Land Reforms Act in respect of a transfer that was made in favour of the petitioners, on the grounds of both co-sharershlp and vicinage, on depositing the consideration money together with the solatium. The petitioner sought to resistthe said application for pre-emption on several grounds namely that the application was barred by limits of time, that the land concerned was not an agricultural land, that the opposite parties were not co-sharers of the holding conerned, that they were not possessing land adjoining the concerned holding that no portion or share of the holding was the subject matter of the transfer sought to be pre-empt...
T.P. Roy Chowdhury and Co. Ltd. Vs. Deputy Commissioner of
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Aug-17-1998
Reported in: (1999)69ITD135(Kol.)
1. This is an appeal filed by the assessee against the order of the Commissioner of Wealth-tax, West Bengal-HI, Calcutta dated 3-3-1992 for the assessment year 1986-87.2. The brief facts of the case are that the assessee-company is Lincensed Stevedores & General Marine Contractors. The assessee company had let out factory sheds to third parties. The Assessing Officer included the rental receipts as business income and, therefore, he did not consider the factory sheds thereby as includible for the purpose of taxable wealth. The CWT after providing an opportunity, set aside the assessment order with a direction to reframe the assessment order by taking into consideration that the rental income is the income from the house property, and same may be included in the total wealth of the assessee as per rule 1 BB of the Wealth-tax Rules. Being aggrieved, the assessee has come in appeal before the Tribunal with seven grounds which are in fact only related to the question of whether the re...
Indian Bank Vs. Euro International Pte. Ltd.
Court: Kolkata
Decided on: Aug-17-1998
Reported in: AIR1999Cal200
ORDER OF INDIAN BANK, MITTAL TOWER, 8 WING NARIMAN POINT, BOMBAY-400021 THE SUM OF US DOLLARS FIVE HUNDRED SEVENTY SEVEN THOUSAND FIVE ONLY FOR VALUE RECEIVED AGAINST FOR INVOICE NO. 2EL/8/116/95-96, DATED 39-12-95 (SIC 30-12-95). GANAPATI EXPORTS LIMITEDSD/ Authorised Signatory TO : EURO INTERNATIONAL PTE LTD.151 CHIN SWEE ROAD109-08, MANHATTAN HOUSESINGAPORE-169876EURO INTERNATIONAL PTE. LTD. SD/- Authorised Signatory' 7. Against Euro's acceptance of the Bills of exchange the DBS, Euro's bank at Singapore, released the documents to Euro. There is no dispute that in the meanwhile the appellant-Bank upon maturity of the two Bills of Exchange presented the same to DBS for payment. Euro did not pay. By several letters and facsimile messages, the appellant-Bank demanded payment. DBS confirmed that the Bills of Exchange had been duly accepted by Euro on 10-1-96 and the documents were delivered against their acceptance. However, on the request of Euro the following message was relayed by D...
Commissioner of Income-tax Vs. Bengal Waterproof Ltd.
Court: Kolkata
Decided on: Aug-14-1998
Reported in: (1998)150CTR(Cal)188
Sen, J.Rule was issued on the following question:'Whether, on the facts and in the circumstances of the case the Tribunal was justified in law in holding that the technical know-how fee of Rs. 5 lakh (equivalent of Sri Lankan Rs. 10 lakh) receivable by the assessee as per the agreement between the assessee and Bansri Rubber Products (P) Ltd. is not taxable in the assessment year under consideration?'2. It is not in dispute that in terms of the agreement between the assessee and the Sri Lankan company, Rs. 5 lakh was to be paid by the Sri Lankan company to the assessee-company. The claim of the assessee that due to stipulation by the Indian Bank as a term of the loans and deferred payment, government facility extended by them laying down a covenant, the royalty and consultancy fees due to the assessee-company stood modified to the extent, was not accepted by the assessing officer and the assessing officer held that at best such remittance may be held back but would nevertheless remain i...
Sri Balaram Poddar and ors. Vs. Sri Bhaskar Chandra Mondal and ors.
Court: Kolkata
Decided on: Aug-13-1998
Reported in: (1998)3CALLT24(HC)
V.K. Gupta, J. 1. This appeal under Clause 15 of the Letters Patent is directed against a judgment dated 8-11-90 passed by the learned Single Judge of this Court whereby the writ application filed by respondents 1 to 21 (minus 3 of them) was allowed setting aside the impugned gradation list of the Assistant Engineers (Agri-Mechanical) and with directions to theState-respond en is to prepare such gradation list afresh in accordance with law and in the light of observations contained in the judgment of the learned single Judge.2. Brief facts leading to the filing of the appeal are that the writ petitioners (Respondents in this appeal) were serving as Sub-Assistant Engineers, having been initially appointed on these posts by the Department of Agriculture, Government of West Bengal on different dates.3. In the Department of Agriculture (Minor Irrigation), Government of West Bengal there are two classes of Assistant Engineers (Agri-Mechanical)--one class comprising of the promotee Assistant...
Assistant Commissioner of Income Vs. Upper Ganges Sugar Mills Ltd.
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Aug-12-1998
Reported in: (1999)69ITD14(Kol.)
1. This appeal is instituted by the Department against the order of the CIT(A) for the asst. yr. 1989-90 on the following effective grounds : "1. On the facts and in the circumstances of the case, the learned CIT(A) erred in law and on facts in cancelling the order passed under s. 154 of the IT Act, 1961, modifying an earlier order under s. 143(l)(a) ibid wherein deduction under s. 80G was allowed overlooking the jurisdictional High Court's specific decision on this count; 2. On the facts and in the circumstances of the case, the learned CIT(A) erred in law and on facts in holding that the rectification made under s. 154 was neither called for nor in conformity with law when notice under s. 143(2) had been issued." 2. In this case, the return of income was filed on 27th December, 1989, and was processed under s. 143(1)(a) of the IT Act, 1961, on 23rd April, 1990. The AO found that the assessee had claimed deduction under s. 80G of the said Act on donation of Rs. 17 lakhs paid to Viswa...
Suresh Hazra Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-12-1998
Reported in: 1998CriLJ4457
Gitesh Ranjan Bhattacharjee, J.1. In this application under Article 226 the petitioner prays for a writ of and/or in the nature of habeas corpus commanding the respondents including the private respondent No. 6 to produce the body of the child stated to have been illegally confined by the private respondent No. 6. The petitioner claims to be the father of the girl child. The private respondent No. 6 is the maternal uncle of the said girl child. The mother of the girl child is dead and a case against the petitioner, being (Haringhata) P. S. Case No. 191/97, dated 24-11-97 under Section 498A/306, I.P.C. started on the basis of the FIR lodged by the private respondent No. 6 is now under investigation. It appears that pursuant to a search warrant issued by the Sub-Divisional Executive Magistrate, Kalyani and in execution of the same the Officer-in-charge of the Haringhata P. S. took charge of the said child and handed over the same to the private respondent No. 6 Kalachand Mondal. The lear...
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