Kolkata Court April 1999 Judgments
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Samir Kumar Dey and ors. Vs. Chariman, Burdwan Municipality and ors.
Court: Kolkata
Decided on: Apr-23-1999
Reported in: (1999)2CALLT430(HC)
P.K. Samanta, J.1. This writ petition was filed challenging the letter dated 25.8.89 addressed to the writ petitioner by the Chairman, Burdwan Municipality. By the said letter the Chairman, Burdwan Municipality rejected the building plan submitted by the writ petitioner for construction on the ground that the site for such construction was not approved by the Municipality for a construction.2. The facts as emerged from the writ petition are as follows :--Holding No. 59, B.C. Road, Kalitala, P.O., P.S. and District--Burdwan is the disputed premises. A Cinema Hall was constructed in the said holding by the petitioner No. 1 and is being run by the petitioner No. 2 company of which the petitioner No. 1 is the Managing Director. As appears from the building and site plan submitted by the petitioner No. 1 before the Municipality for sanction which is at annexure 'A' to this writ petition that upon construction of the said Cinema Halt there was a vacant space in front of the Cinema Halt abutt...
Sen and Pandit Electronics (P) Ltd. Vs. Union of India and ors.
Court: Kolkata
Decided on: Apr-23-1999
Reported in: AIR1999Cal293b,(1999)2CALLT488(HC),[2004]49SCL618(Cal)
M. H. S. Ansari, J.1. This writ petition is filed questioning the order dated 15.9.97 being annexure 'Q' to the writ application of the Regional Director, Department of Company Affairs, informing the petitioner that no action can be taken under section 22 of the Companies Act (For short the Act) as the period stipulated for the same under the said provisions of section 22 has elapsed.2. The facts leading to the filing of the above writ petition, briefly stated, are that the petitioner company [Sen & Pandit Electronics (P) Ltd.) was incorporated on 4.12.84 and is carrying on business of manufacturing and sale of voltage stabiliser, Inverter, emergency light, constant voltage transformers and other electronic products.3. The respondent No. 3 [Sen & Pandit Equipment (P) Ltd.) Company was incorporated on 4.1.96. the petitioner lodged a complaint on 20.2.96 before the respondents No. 1 and 2 for rectification of the name of the new Company (Respondent No. 3.).On 17.5.96, the respondent No. ...
M/S. Oriental Ceramic Products Pvt. Ltd. Vs. Calcutta Municipal Corpor ...
Court: Kolkata
Decided on: Apr-23-1999
Reported in: (1999)3CALLT388(HC)
D.B. Dutta, J. 1. This is an application under section 115 of the CPC directed against the order dated July, 15, 1998 passed by the learned Assistant District Judge, first court. Barasat in Title Suit No. 876 of 1993 rejecting the counter-claim made by the defendants of the suit in their application under Order 8 Rule 6A of the CPC filed before the court on 5th May,1998.2, The Calcutta Municipal Corporation filed the suit for eviction upon termination of licence and also for damages. The plaint case, in a nutshell, may be stated as follows.The plaintiff is the owner of the suit land described in the schedule of the plaint. By an agreement dated 10.5.75 the plaintiff had granted leave and licence for a term of 21 years to one Moloy Kr. Banerjee, the defendant no. 2, carrying on business under the name and style of National Ceramic at Chowringhee Road, Calcutta, to use and occupy the suit land for the purpose of removing, at his own cost, silt deposits In the pre-settling tanks of the Co...
Paresh Premji Rajda Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Apr-23-1999
Reported in: (2000)158CTR(Cal)499,[1999]239ITR11(Cal)
1. As agreed upon by both the parties the appeal be treated as on the day's list and after hearing counsel for both the parties both the appeal and the application stand disposed of by the following order.2. By this application it is prayed that the respondents be restrained from giving effect to the order of the Commissioner dated February 22, 1999, passed under Section 264 of the Income-tax Act, 1961. It is further prayed that application under Section 264 filed along with the application for condonation of delay be treated as pending until the Commissioner had disposed of the said application and the one for condonation of delay.3. In the year 1995 there was a search and seizure operation which was carried on by the Income-tax Department under Section 132 of the Income-tax Act, 1961 (hereinafter referred to as the 1961 Act). During the course of the said search proceedings, the books of account of Rajda Polymers, a partnership firm of which the late Lilabati Rajda was a partner, wer...
Shree Bihr Jute Twine Mills Ltd. and anr. Vs. the Bihar State Financia ...
Court: Kolkata
Decided on: Apr-22-1999
Reported in: (1999)2CALLT527(HC)
M.H.S. Ansari, J.1. The petitioner No. 1 in the instant writ petition is a company incorporated under the Companies Act, 1956 inter alia, with the object of setting up a factory at NasaflgunJ, Dlgha, Patna for the purpose of manufacture of Jute twine. The petitioner No.2 is both a shareholder and director of petitioner No. 1 company.2. In the instant writ petition what is assailed is;'(i) A tender notice for sale published by the Bihar State FinancialCorporation in Business Standard.(ii) Letter dated 20.12.86 issued by the Blhar State Financial Corporation to the Advertiser.'3. The Impugned tender notice for sale has been published in various newspapers including 'Business Standard'. By the said public notice offers are invited for purchase of the mortgaged assets of the petitioner No. 1 company on 'as is whether is basis.'4. By the impugned letter dated 20.12.86, respondent Blhar State Financial Corporation has requested the advertising agent to publish the said tender notice in the n...
Shouvik Exports Private Ltd. Vs. the Inspector General of Police, Dist ...
Court: Kolkata
Decided on: Apr-21-1999
Reported in: AIR2000Cal25,(2000)2CALLT291(HC)
A. Kabir, J.1. The petitioner is a company claiming to be carrying on business of exporting non-basmatl rice to Bangladesh In terms of the Import and Export policy published by the Central Government under section 5 of the Foreign Trade (Development and Regulation) Act, 1992.2. On 9th January. 1999, a rake of 40 wagons containing 2335 Metric tonnes of non-basmatl rice procured by the petitioner company from Bhatlnda in Punjab, arrived at Krishnagar Railway Station. On 12th January, 1999, the petitioner company obtained a transit permit for the said consignment of rice from the Deputy Secrelary, Food and Supplies Department, Government of West Bengal, against a Letter of Credit dated 25th November, 1998, In respect whereof a transit permit had earlier been issued for 1620 Metric tonnes of non-basmatl rice on 14th December, 1998, and which had, thereafter, been twice amended to provide for export of an additional amount of 3240 Metric tonnes of such rice.3. Appearing in support of the wr...
The State of West Bengal Vs. Md. Javed Khan Alias Chunnu Khan
Court: Kolkata
Decided on: Apr-20-1999
Reported in: (1999)2CALLT161(HC),1999CriLJ2733
D.B. Dutta, J. 1. This is an application lor cancellation of ball under section 439(2) of the Code of Criminal Procedure. 2. Park Street Police Station Case No. 313 dated 31.5.98 was registered under sections 302/307/34 IPC/27 of the Arms Act against one Chunnu Khan of Elliot Lane, Munna of Alimuddin Street, Md. Khadlm of 13, Elliot Lane and Md. Mittu of 19C, Ripon Street on the basis of an FIR lodged by one Rajender Lal of 10, Golam Sovan Lane. The FIR version runs as follows. One Minnita Wilson of 13/1, Golam Sovan Lane is a neighbour of the said Rajender Lal. She has a son named Subha. Subha's father is Khokan Santra. On 30.5.98 Khokan requested Rajender Lal to take Subha to his mother at about 8.30 AM. While he was taking Subha to his mother, the accused persons named above intercepted him in front of 14, Golam Sovan Lane and teased him for taking care of other's kid. Rajender Lal protested. The protest angered the accused persons and a scuffle insued. Rajender's family members cam...
Arjun Kr. Sarkar Vs. Smt. Lalika Rani Ghosh and ors.
Court: Kolkata
Decided on: Apr-20-1999
Reported in: (1999)2CALLT495(HC)
D.B. Dutta, J. 1. This is an application under section 115 Civil Procedure Code against an order passed on 17.9.91 in Misc. Appeal No. 134 of 1991 by learned Additional District Judge, fourth court, Alipore.2. The petitioner as a plaintiff filed a suit in the third court of Munslff at Alipore for partition claiming one anna share against Dhirendra Nath Ghosh, Ashutosh Ghosh and Alekjan Bibi as defendants. The said suit was initially numbered as Title Suit No. 75 of 1958 which was eventually renumberes as 84 of 1962 in the First Additional court of Munsiff, Alipore and subsequently renumbered as T.S 104 of 1989 in the Second Additional court of Munslff, Alipore. The Ghosh defendants contested the suit denying the plaintiffs right, title, interest and contending, inter alia, that the defendant Alekjan Bibi's Interest was acquired by them by means of ouster. A preliminary decree was passed on 16.9.64 declaring the plaintiff-petitioner's one anna share in the suit properties. Title Appeal ...
A.K. Murmu Vs. Prasenjit Chowdhury and ors.
Court: Kolkata
Decided on: Apr-20-1999
Reported in: 1999CriLJ3460
Dibyendu Bhusan Dutta, J.1. This is an application under Section 439(2) of the Code of Criminal Procedure for cancellation of bail granted to the opposite parties Nos. 1 and 2 namely Prosenjit Chowdhury and Santanu Deb Roy by the learned Chief Judge, City Sessions Court, Calcutta by order No. 3 dated 26th Nov. 1998 passed in the Criminal Misc. Case No. 527 of 1998. The facts relevant for the purpose of disposal of this application are as follows :The petitioner is an Assistant Director, Enforcement Directorate, Foreign Exchange Regulation Act (for short, 'FERA'), Regional Office, Calcutta. To work out an information regarding clandestine deals in regard to transfer of huge amount of foreign exchange under the guise of Import of Jamdani sarees of the low, inferior and non marketable quality, the officers of the petitioner searched on 24th Sept. 1998 the residence -cum-official premises of one Abhijit Chowdhury, the elder brother of the opposite party No. 1, under Section 37 of the Forei...
Partha Sarathi Ghosh Vs. Srilekha Ghosh (Roy) and anr.
Court: Kolkata
Decided on: Apr-19-1999
Reported in: (1999)2CALLT141(HC)
B. Bhattacharya. J. 1. This revlsional application under section 115 of the Code of Civil Procedure is at the instance of defendant No. 1 in a suitfor partition and is directed against Order No. 404 dated March 28, 1992 passed by the learned Assistant District Judge, 4th Court, Allpore in Misc. Case No. 44 of 1987 arising out of Title Suit No. 29 of 1970 thereby rejecting an application for pre-emption under section 4 of the Partition Act.2. There is no dispute that one Sallen Ghosh was the original owner of the suit property, who died on June 23, 1942 leaving one son, the petitioner herein, two daughters and his widow. Therefore, according to the then law of succession the present petitioner and his mother became Joint owners of the suit property subject to the provision contained in section 3(3) of the Hindu Women's Right to Property Act, 1937, However in view of coming into operation of the Hindu Succession Act, 1956 his mother's right became absolute and thus the mother and the pre...
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