Kolkata Court April 1999 Judgments
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The Secretary, Shibrampur Madhyamik High School Vs. Smt. Hiranmayee Bh ...
Court: Kolkata
Decided on: Apr-13-1999
Reported in: (1999)2CALLT472(HC),[2000(87)FLR682],(2000)IILLJ452Cal
S. B. Sinha, J. 1. Both these appeals arise out of a Judgment and order dated 11.4.97 passed by a learned single Judge of this court in C.O No. 10992 (W) of 1990 whereby and whereunder the writ petition filed by Smt. Hiranmayee Bhattacharjee (hereinafter referred to as 'the respondent') was allowed tn part.2. The case has a chequered career. At all material times the respondent herein had been working as Headmistress of Shibrampur Madhyamik High School for Girls ( hereinafter referred to as the said school). The FirstManaging Committee of the said school with 9 members was constituted on 1.1.1976 but the tenure thereof was extended till 30th September, 1979. The appointment of the respondent was approved by the West Bengal Board of Secondary Education in the year 1978. For holding election of the Managing Committee of the said school, an election programme was fixed and notice therefor was Issued by four members of the Managing Committee on 30th April, 1974 which Is said to be violativ...
Nepc Micon Limited Vs. Magma Leasing Limited and anr.
Court: Kolkata
Decided on: Apr-12-1999
Reported in: (1999)2CALLT347(HC)
R. Pal, J.1. The questions involved in this appeal are whether the provisions of Order 39 Rule 3 of the Civil Procedure Code as amended. In 1976 apply to the Original Side of this court and, if so, what is the effect of such application. Is an order which is passed without complying with Order 39 Rule 3 of the Code void ?2. The questions have arisen in connection with ex parte ad interim orders passed by the learned single' Judge taking interlocutory matters on 8th March 1999 and 15th March 1999. Both the orders were passed on te application of the respondent No. 1. The respondent No. 1 filed a suitagainst the appellant and the respondent No. 2 claiming inter alia a decree for Rs. 5,00,52,810 on account of hire instalments in respect of live wing turbine generators. According to the respondent No. 1 It had advanced an amount of Rs.5,15,00,000 to the appellant and the respondent No. 2 to purchase the five wind turbine generators whlc were inturn hired out by the respodent No. 1 to appel...
Gopal Das Baheti Vs. Sri Sailendra Chandra Dey and ors.
Court: Kolkata
Decided on: Apr-09-1999
Reported in: (1999)2CALLT377(HC),1999(2)CHN167
T. Chatterjee, J.1. By an order dated 9th April, 1999, the application for addition of parties was allowed by us and therefore the heirs and legal representatives of the deceased as mentioned in the said application for addition of parties be brought on record. The memorandum of appeal be amended accordingly.2. This appeal is directed against the Judgment and decree passed by Sri M. Roy. Judge, 7th Bench of the City Civil Court at Calcutta on 14th July. 1992 in T.S. No. 210 of 1980. By the aforesaid judgment, and decree, the trial court decreed the suit of the plaintiffs/respondents for eviction of the appellant from Premises No. 18C, Mothur Sen Garden Lane. Calcutta 6 Police Station--Jora Bagan (herein after referred to as the 'decretal premises') on the ground of expiry of lease. The facts leading to the filing of this appeal are stated in the following manner :--3. In the year 1958, the defendants in the original suit were Inducted as lessees in respect of the decretal premises by a...
Brahmananda Prosad and anr. Vs. State of West Bengal
Court: Kolkata
Decided on: Apr-09-1999
Reported in: (1999)1CALLT498(HC)
D. P. Sircar-I, J. 1. This is a revisional application under section 482 of Cr.PC for quashing the proceedings in Special Case No. 38 of 1991 under section 7(1)(a)(11) of the Essential Commodities Act. pending before the learned Spelcal Court (under the Essential Commodities Act) at Slliguri for contravention of paragraphs 10(1)(3) and 13(5) of the West Bengal Licensing of Dealers of Cement and Distribution of Levy Cement Order, 1982.2. The complaint was lodged against the petitioners under section 7(1)(a)(11)of the E.C. Act. 1955 for violation of paragraphs 10(1) (3) and 13(5) of the West Bengal Licensing of Dealers of Cement and Distribution of Levy Cement Order 1982, hereinafter referred to as, the order, on the basis which G.R. Case No. 53(11) of 1987 was started and subsequently on being referred to the Special Court was registered as Special Case No. 38/91 at Siliguri. The complaint was in the term that the petitioner No. 2, Anchal Pradhan of a local Panchayat, drew 150 bags of A...
A.B. Foot Style (P) Ltd. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Apr-09-1999
Reported in: 1999(65)ECC367,1999(111)ELT684(Cal)
ORDERSamaresh Banerjea, J.1. Similar question of fact and law being involved in each of the petitions, wherein similar order passed by the Commissioner of Appeals, Central Excise, Calcutta, disposing of the prayer for stay and exemption for pre-deposit under challenge, the same have been heard analogously and will be governed by the same judgment.2. Each of the petitioners company which is a manufacturer of foot wear chappals and duly registered with the Central Excise Department, Calcutta, as a manufacturer of foot wear and is duly certified small scale unit, claims that it has its own factory with plant and machinery for production of leather chappals and has its own labour force and expertise and always used its own raw-materials for production of the same and the total production of the petitioner company were sold on wholesale basis and not on retail through any selling or zonal agent or through any dealership, distributorship or stockist arrangement. It is the further case of eac...
Aloke Saha Vs. Sm. Bina Ghosh and ors.
Court: Kolkata
Decided on: Apr-08-1999
Reported in: AIR1999Cal237
S.B. Sinha, J. 1. This appeal is directed against an order dated 9-2-99 passed by a learned single Judge of this Court in W.P. No. 345(W) of 1999, whereby and whereunder the writ application filed by the respondent No. 1 herein has been allowed.2. Admittedly, the parties are brother and sister. It is also admitted that the writ petitioner/ respondent No. 1 is married. She filed an application for grant of electrical connection in terms of Section 22 of the Indian Electricity Act. As no order thereupon had been passed, the writ application had been filed. The allegations made in the writ application were traversed by the appellant herein by filing an affidavit-in-opposition.3. It appears from the impugned order that, a contention was raised that in terms of the provisions of the Hindu Succession Act, the respondent No. 1 being a married lady, had no right of residence, and in that view of the matter, she cannot be said to be a bona fide occupier as envisaged under Sub-section (6) of Sec...
Dr. Apala Chakraborty Vs. the District Judge, North 24 Parganas, Baras ...
Court: Kolkata
Decided on: Apr-07-1999
Reported in: (1999)1CALLT490(HC)
B. Bhattacharya, J.1. This revisional application under section 115 of the Code of Civil Procedure is at the instance of an executrix In a proceeding for grant of probate and is directed against order No. 30 dated October 26. 1998 passed by the learned District Judge, North 24-Parganas at Barasat in Miscellaneous Judicial Case No. 107 of 1993 thereby refusing to return court fees paid in advance by the petitioner although her prayer for withdrawal of the said proceeding was allowed.2. The present petitioner filed an application, before the learned District Judge, North 24-parganas for grant of probate of the Will of her mother with the copy of the said Will annexed. Before the matter became contentious, she deposited the highest amount of court fees payable on a probate I.e. Rs. 10,000/-.3. Subsequently, the petitioner decided not to press the said application for grant of probate and an application to that effect was filed before court. The petitioner filed a separate application for ...
Diptimoy Banerjee Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-07-1999
Reported in: (1999)2CALLT344(HC)
B.M. Mitra, J.1. In this writ petition a challenge is thrown with regard to annexure 'D' appended to the writ petition dated 10.3.99 on, inter alia, the ground of violation of the terms of the agreement and also it has been attributed therein that there was breach of the provisions of section 3(2)(1), 3(2)(II), 3(3)(a) of the West Bengal Premises (Tenancy Regulation) Act, 1976. The contention which has been sought to be raised in support of the writ petition are to the effect that no opportunity of hearing was afforded to the writ petitioner and as such it is in violation of the principles of natural justice. It has been contended on behalf of the writ petitioner that the impugned notice is ex facie bad as it is in derogation of the principles of natural justice. In this context is it necessary to keep it in mind that the procedure of eviction as forecast under the West Bengal Government Premises (Tenancy Regulation) Act, 1976 is a summary proceeding and as such it has been provided in...
Dr. Manas Bhunia Vs. Dr. Makhan Lal Bangal and ors.
Court: Kolkata
Decided on: Apr-07-1999
Reported in: (1999)3CALLT281(HC)
S. K. sen, J.1. In the instant Election Petition the petitioner has challenged the validity of the election of Dr. Makhan Lal Bangal. respondent No. 1 who was declared,elected from 216, Sabang Legislative Assembly Constituency in the District of Midnapore, Sub-Division Kharagpur, and has inter alia prayed for a declaration that the election of Dr. Makhanlal Bangal is void and for a further declaration that the petitioner Dr. Manas Bhunia have been duly elected.2. The margin of win by Dr. Bangal in this election is 825 votes only. The total number of voters in this constituency was 1,26,719 and out of that 1,22.293 voters including the postal ballot voters have cast their vote in the said constituency. It has been pointed out by Mr. Lala, learned Advocate for the petitioner that the percentage of voting in the said Assembly Constituency comes to 96.51 percent and only 3.49 percent voters have not cast their votes. It has also been submitted by Mr. Lala that the huge percentage of voting...
Hope (India) Ltd. (Now Poddar Udyog Ltd.) Vs. Commissioner of Income-t ...
Court: Kolkata
Decided on: Apr-07-1999
Reported in: (1999)155CTR(Cal)561,[1999]238ITR740(Cal)
S.B. Sinha, J.1. This reference under Section 256(1) of the Income-tax Act, 1961, has been made by the Income-tax Tribunal, Bench-C, Calcutta, in respect of the following question ;'Whether, on the facts and in the circumstances of the case, and an interpretation of the documents in respect of rent at 2/3rds of the house property at 18, Rabindra Sarani, Calcutta, for the assessment year 1984-85 and Section 23(1) of the Income-tax Act, 1961, the Tribunal was justified in law in directing the Assessing Officer to recompute the income from the aforesaid house property on the basis of enhanced rent sanctioned and agreed after the close of the previous year to be paid by the various tenants and to determine the income under the head 'Income from house property' ?'2. The assessment year involved in this reference is 1984-85. The facts leading to the said reference are as follows :The assessee maintains its books of account by adopting the mercantile system of accounting. A sum of Rs. 49,85,6...
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