Kolkata Court September 1998 Judgments
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Tankrete India Ltd. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Sep-23-1998
Reported in: 1998(104)ELT324(Cal)
ORDERV.K. Gupta, J.1. It appears that against the assessment/levy of the duty of Central Excise, an order was passed by the Assessing Officer wherefrom an appeal was taken to the Commissioner of Central Excise which was dismissed. It appears that a further appeal was preferred before the Central Excise and Gold (Control) Tribunal which also has been dismissed. After the dismissal of these appeals and the finality assumed to these orders, the Assistant Commissioner, Central Excise, Durgapur Division, the Respondent No. 3 herein, has issued a demand notice which is impugned in this petition.2. After hearing the learned Advocates for the parties, I find that this petition is not maintainable simply because of the reason that the orders of assessment/levy of duty of Central Excise have now become final. Since these orders have not been challenged, the impugned demand notice cannot be assailed on any ground.3. The writ petition is dismissed, but without any order as to costs.4. In view of t...
Hooghly Mills Company Limited Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Sep-22-1998
Reported in: 1999(108)ELT637(Cal)
Samaresh Banerjee, J. 1. In the instant writ application,, the petitioners have challenged an order dated 22nd April, 1998 passed by the Commissioner of Central Excise (Appeals) disposing of the stay application directing the petitioners to deposit a sum of Rs. 10 lakhs for both the cases within 10 days from the date of receipt of the order as also the order dated 8th May, 1997 rejecting the application of the petitioner to modify the demand order passed by the Superintendent, Central Excise, Range-Ill, Howrah West Division.2. Admitted the present petitioners have filed two appeals along with two stay applications before the Commissioner of Central Excise (Appeals), Calcutta, against the two orders of adjudication both dated 8th May, 1997, the petitioners prayed for exemption of such pre-deposit, inter alia, on the ground that the company's financial position is not sound and also on the ground that he has a strong prima facie case.3. By the first impugned order dated 28th November, 19...
P.K. Maitra and ors. Vs. the Board of Trustees of Calcutta Port Trust ...
Court: Kolkata
Decided on: Sep-21-1998
Reported in: (1999)1CALLT206(HC)
S.B. Sinha, J. 1. Are the principle of promissory estoppel and legitimate expection applicable in the case of the petitioners who were Chief Engineers and Engineers in Chief working with the first respondent In the matter of bifurcation of duly is the question involved in this application.2. The petitioners claim themselves to be appointed in terms of an advertisement as contained in annexure 'A' to the writ application. The respondent, however, contends that out of 20 writ-petitioners, 9 have been appointed by way of transfer or through Calcutta Dock System/establishment, and 6 were appointed after the advertisement and thus only 5 were appointed pursuant to the said advertisement. In terms of the aforesaid advertisement as contained in annexure 'A' to the writ application, Chief Engineer was to receive a gross emoluments including allowances at the minimum of the scale of Rs. 4400/- and Engineer in Chief at Rs. 3750/-. The petitioners in the writ application have alleged that they we...
M/S. Anandilal Poddar and Sons Ltd. Vs. Commissioner, Sanchaita Invest ...
Court: Kolkata
Decided on: Sep-21-1998
Reported in: (1999)3CALLT177(HC)
D.B. Dutta, J.1. The present matter arises out of the objection preferred by M/s Anadilal Poddar and Sons Limited, a Company incorporated under the Companies Act having its registered office at 36, Chowringhee Road, Calcutta (herein after referred to as Poddars) against the order of attachment passed by the Commissioner, Sanchaita Investments, on 17th September, 1993 in Objection Case No. 166 of 1993 in terms of the orders dated 4.5.83 and 27.9.83 passed by the Supreme Court in writ petitions No. 638-757-800 of 1983.2. The Sanchaita Investments was a partnership firm established in the year 1975 with the sole object of collecting money by way of deposits alluring the prospective depositors with the offer of incredibly high rate of interest. Within a short period of 3 to 4 years the said firm had been able to collect deposits which mounted to astronomical figure of more than 100 crores of rupees. The partners of the firm realised that it would not be possible for them to continue their ...
Bajrang Prasad Jalan and ors. Vs. Mahabir Prasad Jalan and ors.
Court: Kolkata
Decided on: Sep-18-1998
Reported in: AIR1999Cal156
S.B. Sinha, J.1. This appeal arose out of interim order dated 6th February, 1997 passed by a learned single Judge of this Court. However, both, the parties have prayed before us that the main application itself be disposed of by this bench, pursuant whereto we have heard the parties.2. The order dated 6-2-97 under appeal is in two parts, viz. initiation of a criminal proceeding and interlocutory order issuing certain directions. As the criminal aspect and civil aspect of the matter have nothing to do with each other, intend to pronounce a separate judgment in respect of Criminal aspect of the matter.3. Furthermore, the learned counsel for the parties jointly made a prayer that the main petition filed by the Applicants/respondents under the Companies Act be heard by this Bench, pursuant whereto we have heard the parties and in this judgment, dispose of the main application filed by Sri Bajrang Prasad Jalan against the ---appellants and other respondents under Sections 155/397/398/399/40...
Mahabir Prasad Jalan and ors. Vs. Bajrang Prasad Jalan and ors.
Court: Kolkata
Decided on: Sep-18-1998
Reported in: [2000]102CompCas81(Cal),(1999)2CompLJ72(Cal)
S.B. Sinha, J.1. These appeals were initially directed against an interim order dated February 6, 1997, passed by a learned single judge of this court in Bajrang Prasad Jalan v. Akshay Nidhi Ltd. (Company Petition No. 447 of 1990). The applicants respondents herein filed an application on February 12, 1990, under Section 397/398 of the Companies Act, 1956, for certain reliefs against the appellants and other respondents. Upon completion of exchange of affidavits the parties addressed the learned trial judge on the merits of the said application. While the arguments were almost complete learned counsel appearing on behalf of the applicants respondents offered that the proceedings be held on trial to which exception was taken by learned counsel appearing on behalf of the appellants on the ground that the said respondent had all along been present during the hearing of the proceeding in court and, thus, was aware of the rival contentions of the parties. At that juncture a question arose a...
Smt. Leela Das Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Sep-18-1998
Reported in: 1999CriLJ1807
ORDERAmitava Lala, J.1. The writ petitioner is a widow of a Police Officer allegedly murdered while he was returning from a successful anti -poaching operation at the Land Fall Island of Andaman in the evening hours of 19th November, 1995.2. From the factual analysis it appears that suspicion arose in the mind of the relatives of the deceased after seeing the dead body which was kept in G. B. Pant mortuary/cold room at Port Blair awaiting return of the parents of the deceased, who were in main land on tour. The relatives including the brother-in-law of the deceased, a Senior Medical Officer of G. B. Pant Hospital, detected a deep sharp cut injury on the left side of the neck of the deceased suspected foul play. The complainant and other relatives and suspected the conduct of Dy. S. P. Raghuvir Singh who brought the dead body to the residence of the complainant. It was alleged that said Dy. S. P., did not allow any relative, even the wife of the deceased to see the face of the dead body...
Narayan Chandra Dhar Vs. Khokon Routh
Court: Kolkata
Decided on: Sep-17-1998
Reported in: (1999)1CALLT432(HC)
P. K. Samanta, J.1. None appears on behalf of the opposite party. Persuant to the order of this court copy of the revisional application was sent under registered post with A/D to the opposite party but the same returned back with the postal endorsement 'not claimed'. The petitioner has also filed an affidavit of service stating that a copy of the revislonal application was also served on 9.2.98 upon the learned advocate who appeared on behalf of the opposite party in the City Civil Court at Calcutta. The same is kept on record.2. The petition under Rule 208 of Civil Rules and Orders praying for a direction upon the police authority to render all assistance for execution of the writ for delivery of possession by court's bailiff filed by the decree holder/petitioner in the ejectment Execution Case No. 21 of 1996 was rejected by the City Civil Court at Calcutta by its order No.27 dated 6.12.97.The said order of rejection was made by holding that the decision reported in : AIR1993Cal128 (...
M/S India Steam Laundry (P) Ltd. Vs. Sisir Kumar Deb
Court: Kolkata
Decided on: Sep-16-1998
Reported in: (1999)1CALLT1(HC)
D.B. Dutta, J.1. A suit was filed for eviction of a monthly premises tenant under the West Bengal Premises Tenancy Act on the ground of default in payment of rent. The suit was decreed. The judgment and the decree passed by the trial court were upheld In the first and the second appeals. The plaintiff decree holder put the decree into execution. The defendant Judgment debtor raised objection as to the executability of the decree by filing an application under section 47 CPC before the executing court The said application was registered as a Misc. case. The case that was sought to be made out in that Misc. case may be stated as follows. The description of the defendant in the plaint and the application for execution of the decree is wrong and as such, no decree could be passed in the suit and the decree is inoperative Inasmuch as the plaintiff decree holder did not take any step for rectification of the mistake. The decree was invalid and illegal for the following reasons. The decree ha...
Rafiqul Islam Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-16-1998
Reported in: (1999)1CALLT166(HC)
M.H.S. Ansari, J. 1. The present writ application is filed for a direction in the nature of mandamus enjoining the respondents to immediately offer the petitioner a suitable appointment tn the post of Assistant Teacher in a primary school under the Murshldabad District Primary School Council under died-in-bar ness category.2. The case of the petitioner is that his father Nazrul islam was the Headmaster of Jilli South Primary School who died-ln-harness on 9.5.81 leaving behind his widow: a daughter aged 10 years and a son, the petitioner herein then aged about 63 years. The petitioner on attaining the age of majority applied for appointment as primary teacher on compassionate grounds after having passed the Madhyamik examination in 1993.3. As no action was taken on the representation made by the petitioner as also that the widow, mother for granting the petitioner's appointment on compassionate ground, a writ petition was filed being C.O. No. 15676(W) of 1995 which was disposed of with ...
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