Kolkata Court June 1999 Judgments
Smt. Amala Das and ors. Vs. United Progressive Company Ltd. and anr.
Court: Kolkata
Decided on: Jun-29-1999
Reported in: (1999)3CALLT435(HC)
B.M. Mitra, J.1. The present revisional application is taken up forhearing on contest being directed against Order No. 235, dated 25.6.98 passed by the 9th Civil Judge, Senior Division, Alipore in T.S. No. 34 of 1983. By the impugned order an application for amendment was allowed. The connected suit is for specific performance of an agreement for sate dated 11.1.80 and for other ancillary reliefs. The material allegations contained in the plaint of the connected suit were controverted by filing of a written statement. On the death of the original defendant No. 1, his heirs and legal representatives were substituted in his place. In the said suit initially an application for amendment under Order 6, Rule 17 read with section 151 of the Code of Civil Procedure was caused to be filed with a view to incorporate paragraph 6A in the body of the plaint for assertion of the plaintiffs' claim to get back the amount spent for the running and maintenance of the cinema business, including certain ...
Tag this Judgment!Garfa Co-operative Stores Ltd. Vs. Learned Second Industrial Tribunal ...
Court: Kolkata
Decided on: Jun-29-1999
Reported in: (2000)IILLJ1236Cal
K.J. Sengupta, J.1. In spite of service of notice of this application none appears to oppose this writ petition. By this writ petition the award passed by the learned Tribunal has been challenged.2. Sri Ganguly, learned lawyer appearing for the writ-petitioner submits that the impugned order on the face of it is arbitrary and perverse and suffers from bias and non-application of mind. Moreover, this award should not have been passed upsetting the enquiry report made by enquiry officer upon fact finding and documents. The learned Tribunal has absolutely overlooked that the concerned employee has admitted his misconduct, therefore, there was no point to upset the report of the enquiry officer.3. Having considered the materials placed before me and considered the submissions made by Sri Ganguly, J am of the view, the enquiry officer after giving all opportunities to the delinquent employee has come to a fact finding. The reasonings of the learned Tribunal for upsetting the report of the e...
Tag this Judgment!Danieli a C Officine Maccaniche Spa Vs. Controller of Patents and Desi ...
Court: Kolkata
Decided on: Jun-28-1999
Reported in: (2000)1CALLT7(HC)
R. Pal, J1. This matter has been assigned to this Bench at the instance of the learned single Judge on the ground that the issues involved in the matter are very Important and require more authoritative pronouncement on the subject.2. Questions have been formulated by the learned single Judge by his order dated 18th February, 1999 for determination of the larger Bench--(a) whether the appeal was maintainable under section 116 of the Patents Act, 1970 (referred to as the Act); and (b) whether the order of the Controller dismissing appellant's application under section 135 of the Act was in confirmity with the letter and spirit of section 133 of the Act or not.3. We have taken up the first question at the outset before addressing ourselves to the merits of the matter. The facts briefly are that the applicant had applied on 31st March, 1999 In Italy for grant of a patent. Italy was declared a convention country as far as India was concerned on 3rd January, 1995. On 15th March 1995 an appl...
Tag this Judgment!J.K. Industries Ltd. Vs. Commissioner of Income-tax and ors.
Court: Kolkata
Decided on: Jun-28-1999
Reported in: (1999)155CTR(Cal)249,[1999]238ITR820(Cal)
Ajay Nath Ray, J. 1. In this writ application the assessee claims an acceptance of two declarations filed by the assessee in respect of the two assessment years, i.e., 1991-92 and 1992-93, whereby the assessee invoked the Kar Vivad Samadhan Scheme.2. According to the assessee's declaration for these assessment years, the outstanding amounts were approximately Rs. 95 lakhs and Rs, 2 crores 94 lakhs and the assessee offered to settle by payments of Rs. 47 lakhs and Rs. 1 crore 47 lakhs, approximately, respectively.3. The designated authority turned down the request on the ground that according to the Revenue there was no tax Outstanding for these assessment years.4. The case of the Revenue at that time was, and before me also has been that adjustments were made by the Revenue prior to the coming into operation of the Finance (No. 2) Act of 1998 and thus there being no outstanding, the assessee had nothing to settle up.5. According to the Revenue large amounts of money were adjusted at se...
Tag this Judgment!National Insurance Co. Ltd. Vs. Susanta Das and anr.
Court: Kolkata
Decided on: Jun-28-1999
Reported in: 2001ACJ1047,[2000(84)FLR140],(2000)ILLJ463Cal
Bhaskar Bhattacharya, J. 1. This appeal under Section 30 of the Workmen's Compensation Act is at the instance of the Insurance Company and is directed against an Award dated March 5, 1997 passed by the 2nd Commissioner for Workmen's Compensation, West Bengal in Claim Case No. 524 of 1995 thereby awarding a sum of Rs. 1,05,895/- on the ground of 100% loss of earning capacity.2. The respondent No. 1 lodged the aforesaid claim case on the grounds that he was working as a 'Khalasi' of the Vehicle No. WGE 2377 owned by the respondent No. 2 and insured with the appellant, that on June 3, 1994 on its way to Calcutta from Santipur, the vehicle met with an accident, as a result, the respondent No. 1 received injuries in both hands, shoulder, waist and back, that he was initially treated at Ranaghat Sadar Hospital and subsequently at Kalyani Hospital and a surgical operation was done in the said hospital in the left hand and that he had suffered 100% loss of earning capacity. In the said applica...
Tag this Judgment!Mohammad Jamil Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Jun-28-1999
Reported in: 1999CriLJ3618
Debiprasad Sengupta, J.1. On July, 29, 1998 the petitioner was arrested by the Custom Authority from Netaji Subhas Chandra Bose International Airport, Calcutta in connection with a case being Case No. C-924-of 1998. The allegation made against the petitioner is that a sum of Rs. 13,34,500/- (Indian Currency) was recovered from the possession of the petitioner and on demand the petitioner failed to justify the possession of the said amount by producing any valid document.2. The petitioner was subsequently released on bail on September 7, 1998 by this Court in connection with the aforesaid case and while granting bail a condition was imposed directing the petitioner to meet in Investigating Officer Mr. A. K. Singh at Customs House, 15, Strand Road, Calcutta thrice a week, i.e., on every Monday, Wednesday and Friday.3. While on bail the petitioner complied with the conditions imposed by this Court. On November 6, 1998 the petitioner was detained by Sri A. K. Singh, the Investigating Offic...
Tag this Judgment!Pratibha Sardar and anr. Vs. Tarun Kumar Haldar
Court: Kolkata
Decided on: Jun-24-1999
Reported in: (1999)2CALLT585(HC)
B.M. Mitra, J.1. The present revisional application is directed against Order No. 24 dated January 13, 1999 passed by the learned Civil Judge (Junior Division), 1st court, Baruipur in Misc. Case No. 70 of 1998 arising out of Execution Case No. 2 of 1998. The connected misc. case is the outcome of a proceeding under section 47 of the Code of Civil Procedure. By the impugned order, the concerned Judge rejected the petition under section 47 CPC on, inter alia, the reference that if separate execution proceedings are required to be started, that will create manifold complications for recovery of possession. Save and except the reason as spelt out in the impugned order as mentioned herein, no other reason is found forthcoming from the same. This court has given anxious consideration about the propriety of the impugned order. Mr. Bhattacharya. learned Advocate appearing on behalf of the petitioners, has assailed the impugned order substantially on a point that in respect of decrees with rega...
Tag this Judgment!Uco Bank Vs. Hara Parbati Cold Storage Pvt. Ltd. and ors.
Court: Kolkata
Decided on: Jun-24-1999
Reported in: (1999)3CALLT410(HC)
The Court : 1. This application is made by the defendant Nos. 10,13 and 17 praying, inter alia, a) Delay, if any, in making this application be condoned; b) Order of the learned Registrar transferring the records of Extraordinary Suit No. 24 of 1987 to the Debts Recovery Tribunal, West Bengal and Andaman and Nicobar Island be presently stayed, set aside and/or recalled: c) The Registrar, Original Side of this Hon'ble Court be directed to produce the order transferring the Extraordinary Suit No. 24 of 1987 from this Hon'ble Court to the Debts Recovery Tribunal. Salt Lake . Calcutta: d) The Registrar, Original Side of this Hon'ble Court be directed to intimate the Debts Recovery Tribunal. Calcutta for return of the records of Extraordinary Suit No. 24 of 1987 renumbered as T.A No. 109 of 1995 to this Hon'ble Court; e) Pending disposal of this application proceeding in T.A. No. 109 of 1995 now pending in the Debts Recovery Tribunal,Calcutta do remain stayed: f) Leave begiven to make this ...
Tag this Judgment!Subodh Ch. Majumder Vs. Smt. Mina Majumder (Misra)
Court: Kolkata
Decided on: Jun-24-1999
Reported in: I(2000)DMC676
Malay Kumar Basu, J. 1. This is an application under Section 407, Cr. P.C. for an order transferring the case being M.R. Case No. 84/94 from the Court of Judicial Magistrate, Cooch Behar district to that of Jalpaiguri district filed by Subodh Chandra Majumder who is the opposite party/second party in the said M.R. Case (hereinafter referred as the petitioner) whose case is as follows. The petitioner married the opposite party Mina Misra on 29.5.1989. Since then they lived peacefully as husband and wife in his house for about 20 days. Then the opposite party came to her father's house never to return. Since thereafter various incidents took place whereby their relationship became strained and untimately the opposite party filed an application under Section 125, Cr. P.C. before the Court of Chief Judicial Magistrate, Cooch Behar, whereupon the learned Magistrate issued notice upon this petitioner directing him to show-cause why he should not pay maintenance to the opposite party at the r...
Tag this Judgment!idris Ali and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-23-1999
Reported in: AIR1999Cal337
ORDER1. By an order of a Division Bench of this High Court (Green Bench) in 1998 directions were issued to the respondents herein to remove anti-socials and nuisances and for protecting the Babughat area.2. The Municipal Authorities, it appears, organised a drive for beautification and development of the riverfront falling within the 'Blue Zone'.3. The petitioners have espoused the cause of the people around the area in question and filed the instant writ application which was entertained by this Court as Public Interest Litigation.4. The sole contention of the petitioners were that instead of protecting the area in question and permitting the performance of the religious rites of Hindus and Muslims, the authorities concerned have failed to do so and without any notice or lawful order undertook demolishing of such buildings. On January 30, 1999, it is stated the police tried to demolish the 'Namaz Ghar' at Babughat Port Trust Land constructed for performance of Namaz by Muslims and als...
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