Kolkata Court October 1999 Judgments
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Bharat Kumar Mahensaria Vs. Commissioner of Customs
Court: Kolkata
Decided on: Oct-12-1999
Reported in: 2000(68)ECC549,2000(116)ELT14(Cal)
ORDERAjoy Nath Ray, J.1. Mr. Sen submits that as under the Kar Vivad Samadhan Scheme the main person who was given notice has been granted immunity, upon his acceptance of half liability, the other persons who were also given notice somewhat as aiders and abettors, cannot now be proceeded against by way of filing of appeal.2. The order sought to be appealed from has exonerated completely all these other persons who were served with notice.3. The show cause notices are, however, not annexed to the writ petition.4. Mr. Sen relies upon an annexed Departmental circular to the effect that the subsidiary show cause notices, so to speak cannot be further proceeded with if the person concerned with the main show cause notice has availed himself of the Kar Vivad Samadhan Scheme.5. Mr. Sen also submits on the basis of the Paper Product's case, : 1999ECR284(SC) that the Department is bound by the Board's circulars.6. Mr. Sen's contention might very well be right, but a complete and fully efficaci...
Mather and Platt (India) Ltd. Vs. J. Thomas and Company Pvt. Ltd.
Court: Kolkata
Decided on: Oct-11-1999
Reported in: (2000)1CALLT268(HC),2000(1)CHN727
S.N. Bhattacharjee, J. 1. This appeal arises from the final Judgment and decree dated 20.6.1997 passed by a learned single Judge of this court under Chapter XIII (A) of the Original Side Rules in Suit No. 55 of 1996 filed by the plaintiff-landlord seeking delivery of possession of the suit premises occupied by the defendant/tenant who declined to vacate the same even after expiry of the lease for 20 years created by registered deed of lease.2. The tenant came Into possession in August. 1973 on payment of Rs. 12,600/- as rent and service charges month by month till the deed of lease for 21 years commencing from August. 1973 without any renewal clause was executed on 29.12.1973 and registered on 28.4.1974. The lease expired on 31st July, 1994. Before expiry of the lease the lessee requested the lessor for extension of the lease for another period of 20 years by his letter dated 1.6.1994 and thereafter again on 5.7.1994. The lessee Issued a cheque for Rs. 35,340.57 as rent for August 1994...
Legal Aid Services, West Bengal Vs. Chief Secretary, State of West Ben ...
Court: Kolkata
Decided on: Oct-11-1999
Reported in: II(2001)ACC467,(2000)1CALLT403(HC)
S.B. Sinha, A.C.J.1. This application in the nature of a Public Interest Litigation (PIL) depicts a sordid state of affairs.2. The petitioner which Is a Non-Government Organisation (N.G.O.). grants legal-aids to the poor and needy and takes up the cases for the downtrodden, received a letter from one Smt. Latmoni Sardar widow of Bhusan Sardar on 22nd October, 1997. In the said letter it has been stated as to how the local police and the Jail authorities had been torturing the Under Trial Prisoners.3. Bhusan Sardar was one of the such persons who had been tortured. With regard to an alleged incident a case was Instituted and according to the complainant and instead and place of the hooligans, the police authorities had arrested her husband Bhusan Ch. Sardar who aged 70 years at the relevant time alongwith another person. He was remanded to Jail Custody. Allegedly when her husband was in jail, one Gobinda Mali allegedly instigated by others alongwith Jail authorities had assaulted him se...
Sudhir Asher and anr. Vs. Vijay Shroff and ors.
Court: Kolkata
Decided on: Oct-11-1999
Reported in: (2000)1CALLT548(HC)
R. Pal, J. 1. This appeal arises out of questions answered on an originating summons filed by the respondents Nos.1 and 2 as executors of the will of Dharam Singh Suralya (referred to as the deceased). The testator was the owner of several immoveable properties and moveable properties including shares in Food Specialities Private Limited and Suraiya Brothers Private Limited. Prior to his death the testator executed a will on 13th September, 1971 at Bangalore appointing the respondents Nos.l and 2 as well as one Vijay Merchant as executors of his will. Alter the testators death on 4th July, 1972, the respondent Nos.l and 2 applied and obtained probate from this court in respect of the Will. The testator bequeathed several Immoveable properties to named legatees. One of the properties was the house and grounds at No.40, East End Road, Bangalore known as Rita Bhavan. Thfs property was bequeathed to Sm. Grace Shanthappa, the respondent No.3 herein. The testator also bequeathed the shares t...
B.L.C. Private Ltd. and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Oct-11-1999
Reported in: (2000)2CALLT557(HC)
A. Kabir, J. 1. On consent of the parties, the appeal is also treated on the day's list and is taken up for disposal along with the application for stay of operation of the Judgment and order appealed against.2. The facts involved in this appeal indicate that pursuant to a notice issued by the competent Authority under section 6(2) of the Urban Land (Celling & Regulation) Act. 1976, the appellants filed a Return under section 6(1) of the said Act. Thereafter, on the basis of the said Return, the Competent Authority began proceedings, being U.L.C. Case No. 6(1)/127/ V-20/78, and upon enquiry prepared a draft statement under section 8(1) of the above Act.3. On 29th September, 1981, the objection filed by the appellants/ petitioners herein was rejected by the Competent Authority and directions were given for preparation of final statement under section 9 of the aforesaid Act. On 19th April, 1983, the Competent Authority served the final statement under section 9 of the above Act on the ap...
Rudolf A. Oetkar Vs. Mohammed Orri
Court: Kolkata
Decided on: Oct-11-1999
Reported in: 2005(1)CHN495
S.B. Sinha, A.C.J.1. The only question which arises for consideration in this appeal is as to whether the application for preferring an award is barred by limitation or not.2. The fact of the matter lies in a very narrow compass.3. An application under the provisions of Foreign Awards (Recognition and Enforcement) Act, 1961 (hereinafter called and referred to as the said Act) was filed in this Court on 18th December, 1998 by the appellant herein.4. Mr. D. Banerjee, the learned Senior Counsel appearing on behalf of the appellant, however, submitted that keeping in view the scheme and purport of the Limitation Act, 1963 the intention of the Parliament appears to be that the provisions thereof have no application in relation to a foreign award as otherwise while using the word 'award' in Article 119 of the Schedule appended to the Act the words 'foreign award' would also have been mentioned. The learned counsel submits that if Article 119 of the Limitation Act has any application to such ...
Smt. Bidyutlata Kundu Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Oct-08-1999
Reported in: (2000)1CALLT93(HC)
Y. R. Meena, J. 1. By this petition petitioner prayed that respondents be directed to revoke or quash the impugned notice dated 3.1.1997 demanding payment of overdue municipal tax and the respondents be directed to refund the excess amount of municipal tax collected from the petitioner on the basis of excess demand made wrongfully.2. The petitioner Smt. Bldyutlata Kundu is the owner of the premises No. 137, Poramatala Road, P.O. Nabadwip, District Nadia under the Nabadwip Municipality.3. Petitioner claimed that certain portion of the aforesaid premises had been let out to the 4 tenants for their business purpose since long as monthly tenancy basis with a monthly rate of rent as agreed upon. Then the monthly rent was Increased as agreed upon and in the year 1984 the petitioner was collecting total rent about Rs. 2160/- per month. Out of this 4 tenants United Bank of India was one of the tenants and the bank was paying rent between of Rs. 2,020/- per month, M/s. Sadhana Oushadalay Rs. 60...
Shilpi Banerjee Vs. Union of India and ors.
Court: Kolkata
Decided on: Oct-08-1999
Reported in: (2000)1CALLT580(HC)
S.B. Sinha, ACJ. 1. This application in the nature of Public Interest Litigation has been filed by one Shllpl Banerjee who is said to be a social activist, interested in economic growth of the country. According to the petitioner for the use of tin containers the Government issued a circular on 9th March, 1993 specifying therein that 15 kgs. of containers for packaging Vanaspati, the quality of the tin should conform to the standard of I.S.I. 10325-1982.2. In the application, it has been stated that Vanaspati Oils are being packed in the tin which do not conform to the provision of the said order. The petitioner in the aforesaid premises has prayed for the following reliefs :--'(a) Writ in the nature of mandamus do issue- (i) Immediately commanding the respondent Nos. 1,2. 3, 4, 5, and 6 and each of them to modify rescind withdraw and/or cancel the floor-pricing policy of tlnplates/TFS. as per Commerce Ministry's Notifications Nos.34 and 35 (RE-98) 1997-2002 dated 10/11th December, 199...
Sailendra Kumar Deb Vs. Smt. Pramila Ballav
Court: Kolkata
Decided on: Oct-08-1999
Reported in: AIR1999Cal127
S.N. Bhattacharjee, J.1. This appeal has been preferred against the Judgment and Order passed by Assistant District Judge, Small Cause Court, Sealdah, 24 Parganas (South), dated 19-5-97 in Title Appeal No. 89 of 1996 confirming the Judgment and decree dated 29-2-96 passed by Munsif, 2nd Court, Sealdah, 24 Parganas in Title Suit No. 176 of 1991 whereby the plaintiffs suit for eviction of the tenant/defendant was decreed.2. The plaintiff/landlord filed the aforesaid Title Suit against the defendant/tenant for eviction mainly on the ground of default and reasonable requirement for her own use and occupation. The defence was that the defendant was neither a defaulter nor the plaintiff reasonably requires the suit premises for her own use and occupation. It was contended that the plaintiffs husband and her son resided in their own house at Madhyamgram and that sons of the plaintiffs husband's elder brother are not the members of her family.3. The learned Munsif found that notice to quit was...
Nirmalendu Roy Vs. Steel Authority of India and anr.
Court: Kolkata
Decided on: Oct-08-1999
Reported in: (2002)IVLLJ253Cal
Satya Brata Sinha, A.C.J.1. This appeal and writ application were directed to Be heard together, in view of the order passed by one of us (S.B. sINHA, J.) sitting singly dated November 12, 1998. The fact of the matter lies in a narrow compass.The petitioner/appellant is an employee of the Steel Authority of India Limited. He was dismissed from his services in terms of the standing orders framed by the respondents under the provisions of the Industrial Employment (Standing Orders) Act, 1946. The said order of dismissal was the subject-matter of C.R. No. 3819(W) of 1982. By a judgment and order dated March 4, 1994, the learned single Judge had, inter alia, directed:'Regard being had to the materials on record, the writ petition and the Rule are disposed of by quashing the impugned order of termination of the service of the petitioner. This judgment will not prevent the respondents from initiating any proceeding on the ground of alleged absence of the petitioner as contemplated by giving ...
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