Kolkata Court January 1999 Judgments

Birendra Nath Mondal Vs. Vidyasagar University and ors.

Court: Kolkata

Reported in: AIR1999Cal283

ORDER1. The petitioner after passing B. Com. Part I (3 years Hons.) Examination in Accountancy in the year 1996, the petitioner appeared for B. Com. Part-I examination in 1996 in Accountancy. The results were published in the month of May, 1996. The petitioner was furnished the mark sheet and upon receipt of the same, it was found that the petitioner was awarded the following marks in the four papers concerned;ACNCMarks obtainedPaper-1190Paper-1249Paper-1350Paper-1452Part-IITotal- 241Total Hons. Marks = 3942. The petitioner being dissatisfied with the marks awarded to him with respect to paper No. 12 and Paper No. 14, submitted an application for review/re-examination of the said two papers in the prescribed form on 15th July, 1996.3. The petitioner was, thereafter, informed by the Vice Principal of the College that the review has been received from the University and the petitioner was asked to submit his original mark sheet for obtaining fresh mark sheet. The petitioner submitted the...

Sarda Plywood Industries Ltd. Vs. Commissioner of Income-tax

Court: Kolkata

Reported in: (2000)163CTR(Cal)45,[1999]238ITR354(Cal)

S.B. Sinha, J.1. These two references made to this court in terms of Section 256(2) of the Income-tax Act, 1961, relate to the assessment years 1983-84, 1984-85, 1985-86 and 1986-87.2. Although two questions each for the aforementioned assessment years were referred to this court, but two questions being question No. 2 for the assessment years 1983-84 and 1984-85 were not pressed and the same are as follows :'1. Whether,, on the facts and in the circumstances of the case, the Tribunal was justified in confirming the addition of Rs. 1,15,000 in respect of the alleged extra income earned from sales at Ahmedabad ?2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in confirming the addition of Rs. 1,35,627 in respect of the alleged extra income earned from the sales at Ahmedabad ?'3. One of the questions, for each of the assessment years is common which is question No. 2 as mentioned hereinbelow. This court, therefore, is required to answer the follow...

Sheikh Jahangir Ali and ors. Vs. Calcutta Port Trust and ors.

Court: Kolkata

Reported in: (1999)IILLJ381Cal

Altamas Kabir, J.1. The writ petitioners claim to have been appointed by the respondent No. 6, M/s. Chanda Vulcanisers Pvt., Ltd., over different periods of time, as Vulcanisers for maintenance and repair of conveyer belts at the coal berth of the Haldia Dock Complex, Calcutta Port Trust. According to the petitioners, they have been performing such duties for about the last 12 to 15 years without break.2. Appearing in support of the writ petition, Mr. Bikash Ranjan Bhattacharya firstly urged that the duties being performed by the petitioners were of a continuous and perennial nature which entailed employment of regular employees, but to avoid employing the petitioners on a regular basis, the Calcutta Port Trust employed the petitioners through the respondent No. 6.3. Mr. Bahattacharya submitted that, in fact, having regard to the nature of the work which the petitioners were required to perform, they had to work in three shifts, which clearly indicate that the said work was of a contin...

Messers A. Sree Nivasan and anr. Vs. Ramesh Doshi

Court: Kolkata

Reported in: (1999)1CALLT257(HC)

1. The petitioner being creditor made this insolvency petition on the two grounds and one added ground namely :(a) The Debtors have transferred a substantial part of their properties from their said place of business at 25. Strand Road, Calcutta as well as from the dwelling house of Debtor No. 2, at Flat No. 6B, Arihant Garden 81, Southern Avennue, Calcutta with intent to defeat or delay their creditors. (b) The Debtors No.2 since 2nd week of August, 1996 has secluded himself from his said usual place of business and dwelling house with a view to deprive the petitioner and his creditors of the means of communicating with him. (c) The three cheques issued by the debtors as mentioned in paragraph 4 herein above have been dishonoured on presentation to the bank, inter alia, for the reason that there was insufficient fund. On the entry made by the bank on the reverse of one of the said dishonoured cheques, it appears that on the relevant date only a sum of Rs. 18, 437.42 was lying in Debto...

Alpic Finance Ltd. Vs. Allied Resins and Chemicals Ltd. and anr.

Court: Kolkata

Reported in: [2000]102CompCas198(Cal)

Vinod Kumar Gupta, J.1. By this common order and judgment, I propose to dispose of the main petition under Section 9 of the Arbitration and Conciliation Act, 1996, and the application filed by the respondents for vacating the ad interim order dated July 16, 1998.2. The facts lie in a very narrow compass. The petitioner, Alpic Finance Limited, being a company incorporated under the Companies Act, 1956, carries on the business of financing. As a financier it entered into a hire purchase agreement with respect to the hiring/financing of an AC Transformer (Siemens Make UPS (IOKVA, Model 4110 51. 1950905) ; IOKVA, 220/110V AC Transformer). This agreement was executed on November 19, 1996. The total hire purchase value of the aforesaid machine was Rs. 1,17,94,755 and it was payable by the respondents within three years by 12 equal quarterly instalments. The possession of the machine was made over by the petitioner to respondent No. 1 in terms of the aforesaid hire purchase agreement. It is t...

Prasar Bharati Broadcasting Corpn. of India Vs. Debyajoti Boseandm/S. ...

Court: Kolkata

Reported in: (1999)2CALLT183(HC)

B.M. Mitra, J.1. The connected writ petition has been filed at theInstance of M/s. Rainbow Production Private Ltd., a Company Incorporated under the Companies Act and one Miss Soma Mukherjee, one of theDirectors of the petitioner No. 1 company against Prasar BharaU (Broadcasting Corporation of india), a body corporate and its numerous office bearers who are figuring as respondents in the said writ petition. it appears from the perusal of the prayer portion of the connected writ petition that manifold prayers are made, inter alia, for a declaration that Prasar Bharati (Broadcasting Corporation of india) being an autonomous body cannot stall and/or amend any concluded contract entered between any citizen and the corporation and cannot at any stage withhold and/or withdraw its public commitments and for a further writ of Mandamus to give effect to an earlier decision taken by the former Chief Executive Officer, Prasar Bharatl which was communicated to the Doordarshan Kendra, Calcutta and ...

Gopal Tamang Vs. State of West Bengal

Court: Kolkata

Reported in: 1999CriLJ1585

Gitesh Ranjan Bhattacharjee, J.1. This criminal appeal is directed against the judgment and order of conviction and sentence under. Section 376, I.P.C. passed by the Additional District and Sessions Judge, Hooghly in Sessions Trial No. 144 of 1994. The learned Judge convicted the appellant under Section 376, I.P.C. and sentenced him to imprisonment for life and to a fine of Rs. 1,00,000, in default to R.I. for five years. The appellant/accused Gopal Tamang alias China was charged under Section 366 and Section 376, I.P.C. for kidnapping and committing rape on a minor girl Tanuja Mallick on 15th February, 1993. The learned trial Judge however after trial convicted the accused Under Section 376, I.P.C. but acquitted him of the charge under Section 366, I.P.C.2. The prosecution case in short is that on 15-2-1993 while the victim girl Tanuja aged about 9 years was playing near her house she was taken away by the accused on a cycle on the pretext of taking her for a ride and then committed r...

Bivekananda Sengupta and ors. Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Kolkata

1. The question involved in this case is whether the applicants, who belong to general category and are presently working as Assistant under the respondents, are entitled to recast their seniority in the grade of Assistant with effect from 10.2.95 in pursuance of the judgment of the Hon'ble Apex Court in R.K. Sabharwal case. 1995(1) SLJ 330 (SC) or with-effect from 30.1.97 as per direction contained in the letter dated 30.1.97 issued by the Director (E), Deptt. of Personnel and Training, New Delhi.2. This original application was initially filed by four applicants.Subsequently, the fourth applicant viz. Smt. Indrani Bhattacharjee withdrew vide order dt. 19.6.97. The applicants initially joined the OFB as LDC and after getting some promotions they are now working as Assistant in the Ordnance Factory Board, Calcutta. All of them belong to general category. They claim Seniority over reserved category candidates in terms of the judgments of the Hon'ble Supreme Court in R.K. Sabharwal case...

Meghnath De Vs. the State

Court: Kolkata

Reported in: 1999CriLJ2252

Basudev Panigrahi, J.1. This appeal has been filed against the judgment passed by the learned Additional Sessions Judge, Bankura in S.T. No. 5 (1)92 dated 24th Nov. 1993 whereby the appellant was convicted under Section 307, IPC and sentenced to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs. 2,000/- in default to suffer further rigorous imprisonment for a period of six months. . 2. The prosecution case briefly stated is as follows :The victim PW 5 Shila De was given in marriage with the appellant Meghnath De of Bhairabdangaon 11th Ashar, 1397 B.S. After the marriage she joined her husband in the Matrimonial House at Bhairabadanga village on 3rd Kartik, 1397 B.S. corresponding to 21st Oct. 1990 according to English Calendar. When she was watching closely a television programme at about 7.50 p.m. the victim Shila went out of the house and after a while returned to the courtyard of the house of P.W. 1 Tulshi Charan Bhuin who is the father of the victim in...

Joydeb Das Alias Jogi and anr. Vs. the State of West Bengal

Court: Kolkata

Reported in: (1999)2CALLT152(HC),1999CriLJ1816

B. Panigrahi, J. 1. This apeal is directed against the Judgment dated 29th August 1990 passed by the learned Sessions Judge. Xth Bench, Calcutta In Sessions Trial No. 1 of 1990 by asking the appellants to undergo Imprisonment for life and to pay a fine of Rs.1000/- each. In default, to sufffer R.I. for six months more. 2. The prosecution case succinctly stated as follows : On 10.2.89 at about 7 P.M. there was a quarrel between the appellant Jaydeb @ Jagi and his wife on the one hand and the deceased on the other. During the course of quarrel the deceased Sankar Ghosh was said to have slapped on the face of the appellant Jagi. The gentlemen of the locality Intervened and amicably settled the dispute. The appellant Jagl however, had thereatened that he would take revenge on the deceased Sankar. Thereafter, on the same night at about 11 P.M. while the deceaseed Sankar was sitting in front of 'Mastarda Charitable Dispensary' the appellants and two other accused persons being armed with 'Na...