Kolkata Court September 1998 Judgments
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Coal India Limited Vs. Arun Kumar Sinha and ors.
Court: Kolkata
Decided on: Sep-10-1998
Reported in: (1999)3CALLT247(HC)
S. B. Sinha. J. 1. This appeal is directed against a judgment and order dated 11th May. 1998 passed by a learned single Judge of this court in W.P. No. 30211(W) of 1997.2. The fact of the matter lies in a very narrow compass.3. The petitioner passed the Secondary School Examination from the Bihar School Examination Board, Patna in 1956 where his date of birth was recorded on 25th June. 1940. He had undergone Pre-Professional qualification and Pre-employment mining training from 7th July, 1958 to May, 1961. He appeared and passed 2nd Class Mine Manager's Certificate of Competency Examination in June. 1962. He has also passed Diploma in Mining & Mine Surveying Examination in 1963. On 12.8.1965 he joined Coal Board, a statutory authority constituted under Coal Mines (Conservation and Development) Act wherin his aforementioned date of birth was recorded.4. He obtained 1st Class Mine Manager's Certificate of Competancy in December, 1969. Allegedly when he was to go abroad, he applied for En...
Commissioner of Income-tax Vs. Jyotsna Rani Saha
Court: Kolkata
Decided on: Sep-10-1998
Reported in: [1999]239ITR916(Cal)
1. The question sought to be referred to us is as follows :'Whether, on the facts and in the circumstances of the Income-tax Appellate Tribunal was justified in allowing deductions on account of salary paid to night guard, sweeper and caretaker and certain electricity charges from gross rent received in computing house property income when the same are not allowable as deduction either under Section 23 or 24 of the Income-tax Act, 1961 ?'2. Mr. Deb appearing for the Department explained that the deductions in regard to night guard, sweeper, caretaker and certain electricity charges could not be deducted if those were to be treated as deductions from income from house property. Mr. Deb has referred us to sections 23 and 24 of the Income-tax Act. He has also relied on certain dicta in the case of CIT v. Sreelekha Banerjee : [1989]179ITR46(Cal) , whereby his submissions in regard to caretaker's expenses are fortified.3. On behalf of the assessee it was pointed out that if the facts found ...
Samit Pani Brahmachary and ors. Vs. Mayapur Chaitanya Math and ors.
Court: Kolkata
Decided on: Sep-09-1998
Reported in: AIR1999Cal132
Gitesh Ranjan Bhattacharjee, J. 1. This appeal is directed against the judgment and decree dated the 10th December, 1996 passed by a learned Judge of this Court in Extraordinary Suit No, 60 of 1987. Some of the defendants of the suit, namely, the defendant Nos. 3(a), 3(b), 4 and 6 are the appellants in this appeal.2. The respondent No. 1, Mayapur Sree Chaitanya Math was the plaintiff No. 1 in the suit.That is a society registered on 16th May, 1978 under the West Bengal Societies Registration Act, 1961. The other plaintiffs of the suit were the office bearers and members of the said society and they also claimed to be the worshippers of the deities Sri Sri Guru Gouranga Gandharbika Giridhari Jew installed at Sree Chaitanya Mathat Mayapur and also at various other places and some of them are disciples of late Bhakti Siddhanta Saraswati, the founder of Sree Chaitanya Math and its various branches. The plaintiffs filed the suit for declaration that the plaintiffs Nos. 2 to 11 and the defen...
Kamala Devi Kedia Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Sep-09-1998
Reported in: 1999CriLJ4394
Gitesh Ranjan Bhattacharjee, J.1. This is an application under Article 226 of the Constitution challenging the order of detention of the detenu passed in exercise by the power conferred by Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (as amended). The applicant/petitioner who is the wife of the detenu has filed this petition on behalf of the detenu. The order of detention was passed by the Joint Secretary to the Govt. of India, Ministry of Finance, Department of Revenue on the 25th May, 1998. The said order of detention was executed against the detenu on the 29th June, 1998 and since then he is in detention in the Presidency Jail, Calcutta. The detention, as the order purportingly announced, was considered necessary with a view to preventing the detenu in future from acting in any manner prejudicial to the augmentation of foreign exchange. While in detention the petitioner sent two representations dated 13-7-1998 against his dete...
Sk. Mohindur Rahaman Vs. Amiya Ghosh and ors.
Court: Kolkata
Decided on: Sep-07-1998
Reported in: (1999)1CALLT47(HC)
S.B. Sinha, J.1. This contempt application arises out of an alleged-disobedience of this court's order dated 20th January, 1995 passed in Civil Order No. 18966 (W) of 1993 which has since been reported in 1996(1) C.H.N. 199. In the aforementioned decision, this court upon taking into consideration the various decisions of the Supreme Court, inter alia, hold that when a policy decision has been adopted by the State, the same should be given effect to. The petitioner has filed an application for initiation of contempt proceeding wherein a Rule has been issued.2. In appears, upon hearing Mr. Mondal, the learned counsel for the petitioner and Mr. Sirkar. learned counsel for the alleged contemners, that the local advisory committee whose term has been extended in terms of this court's order dated 29.8.95, has taken Into consideration the case of the petitioner, but did not recommend his name for employment as certain discrepancies have been found in the name of his father. Mr. Mondal, learn...
P.T. Tirtamas Comexindo Vs. Delta International Limited and anr.
Court: Kolkata
Decided on: Sep-06-1998
Reported in: 2001(2)ARBLR630(Cal)
Ruma Pal, J. 1. RUMA PAL, J. for the This is an appeal from an order dated 10th June, 1998 passed by the Learned Single Judge under Section 9 of the Arbitration and Conciliation Act, 1996 (hereafter referred to as the Act) by which the appellant has been asked to furnish a bank guarantee for Rs. 1 crore within a specified period failing which pulses exported by the appellant from Myanmar to Mumbai would be separately stored.2. The issues which have been raised in this appeal are summarised at the outset :(1) Whether the Court exercising jurisdiction under Section 9 of the Act is empowered to form a prima facie opinion with regard to the existence of the arbitration agreement ?(2) If the Court has the power, whether there is in fact prima facie evidence of an arbitration agreement between the parties ?(3) Even if the Court does not have the power, whether on the materials before the Court the respondent/applicant had made out a case for the reliefs granted ?3. These issues arise in the ...
Subrata Kar and ors. Vs. the West Bengal College Service Commission an ...
Court: Kolkata
Decided on: Sep-04-1998
Reported in: (1999)1CALLT21(HC)
The Court :1. The petitioners six (6) in number have filed the above write petition seeking a direction upon the respondents to recommend the names or the petitioners to fill up the posts and not to give any effect and/or further effect to the advertisement dated 19th July. 1997, being annexure 'D' to the petition.2. Facts in brief are that the petitioners are all candidates In the panel prepared in accordance with the rank for the post of Lecturer in Commerce stream by the respondent authorities published on 4th November, 1996.3. Recruitment to Colleges under different Universities in West Bengal are required to be made through the College Service Commission constituted under the West Bengal College Service Commission Act, 1978. The Commission is required to, inter alia, publish lists of panel of candidates for the post of Lecturer in accordance with the merit in every stream and/ or subject for various Universities after due selection process. The various non-Government Colleges affi...
Netai Charan Sadhukhan and anr. Vs. Santosh Kumar Dhara and ors.
Court: Kolkata
Decided on: Sep-04-1998
Reported in: (1999)1CALLT163(HC)
D.B. Dutta, J. 1. Order dated 3.8.1998 passed by the learned Judge (Senior Dlvisioln), 2nd Court. Howrah in Title Appeal No. 248 of 1995 forms the subject matter of the present revision petition under Article 227 of the Constitution of India.2. On 3.8.1998, learned Appellate Court passed two orders. By the earlier one. he was pleased to reject the application of the defendant-petitioners for adjournment of hearing of the appeal and directed the learned Advocate of the defendant-appellant-petitioners to get ready. The record was directed to be put up on that date at 4-35 p.m. for necessary orders. The said order was passed in presence of both the sides. By the subsequent order, the learned Judge was pleased to dismiss the appeal for default after rejecting the application for adjournment that was filed after the previous application for adjournment was rejected by the earlier order.3. It is true that the last line of the subsequent order reads as If the application and the appeal were d...
Alok Kr. Mondal Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-04-1998
Reported in: (1998)3CALLT146(HC)
M. H. S. Amari, J. 1. Pursuant to the directions of the Division Bench dated 3rd December, 1997 passed in M.A.T. No. 4082 of 1997, the above two writ petitions have been heard analogously arid are being disposed of by this common order,C.O. No. 7979(W) of 1993:- The petitioner in the present writ petition is an advocate practising on the Criminal Side of the District Courts at Midnapore. He was appointed as Public Prosecutor for the District of Midnapore in 1984 vide a Government Order being No. 6094-A/CP-15/65 dated 26th July, 1984. He took charge of the said office of Public Prosecutor on 31st July. 1984.2. According to the petitioner after elapse of seven years of assuming office of the Public Prosecutor, for the first lime, he came to learn of the duration of the tenure of his office when he received two office orders being Memo Nos. 455-A/GP/-15/65 and 465-A/GP-15-65 both dated 16th January, 1992 issued by the Legal Remembrancer and Ex-Officio Secretary, Government of West Bengal....
Sri Sri Iswar Benodeswar Mahadev Vs. Commissioner of Wealth-tax and or ...
Court: Kolkata
Decided on: Sep-04-1998
Reported in: [1999]238ITR572(Cal)
Yad Ram Meena, J.1. By this petition the petitioner has prayed that the. respondents be directed to quash the interest levied for delayed paymentof tax.The petitioner is a religious charitable trust created by the late BankuBehari Shaw in the year 1925. By an application, annexure A, the petitioner prayed for waiver of interest levied under Section 31(2) of theWealth-tax Act, 1957. The prayer of the petitioner was rejected by theCommissioner vide impugned order, annexure F on the ground that theinsertion of Sub-section (2A) has no retrospective effect in view of the decision reported in the case of Saurashtra Agencies Pvt. Ltd. v. Union of India : [1990]186ITR634(Cal) .2. Counsel for the petitioner submits that the amendment in Section 31 by the insertion of Sub-section (2A) has retrospective effect and the assessment years for which the interest has been charged are covered by this amendment. Therefore, interest may be waived. Counsel for the respondent submits that whether the amendm...
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