Kolkata Court June 1999 Judgments
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Rajesh Kumar JaIn Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Jun-23-1999
Reported in: 1999(113)ELT57(Cal)
ORDER1. V.K. Gupta, J. has referred the following points for consideration by a Larger Bench which are as follows :(1) What is the true meaning and purport of the expressing 'given' as used in Section 110(2) of the Customs Act?(2) Does the expression 'given' mean 'sending' or 'being received'?(3) What is the meaning of the expression 'given' as used in Section 124 of the Customs Act and does this expression also mean merely 'sending' or does it also mean 'being received'?(4) By using the expression 'shall be served' in Section 153 of the Customs Act, has or has not the legislature intended that every notice issued under the Customs Act should be actually served, that is 'given', that is 'be received' by the person for whom it is ment or to whom it has been issued?(5) Does the expression 'sending by registered post' as used in Clause (a) of Section 153 of the Act only indicate the manner of issuance of the notice or does it also prescribe, by implicity obliterating the expression 'shall...
Manas Kumar Ghosh Vs. T.T.P. Mahmood and anr.
Court: Kolkata
Decided on: Jun-18-1999
Reported in: (2000)2CALLT423(HC),[2000(86)FLR898]
G.R. Bhattacharjee, J. 1. This criminal revisions is directed against the order of the learned Additional Sessions Judge, 11th Court Alipore dated the 8th August. 1997 passed in Criminal Motion No. 122 of 1997. 2. The present petition has been filed by Sri Manas Kumar Ghosh who is the Assistant Manager of the Shipping Corporation of India. The opposite party No. 1. T.T.P. Mahmood was an employee of the Shipping Corporation of India and under a written agreement the opposite party was allowed to occupy a flat of the said Corporation in this capacity as an employee on condition that he will have to vacate the fiat and deliver possession of the same in favour of the Corporation on his retirement or removal or resignation from service. In due course the opposite party No. 1 retired from the service of the Corporation on 30.11.92, but as in spite of such retirement and in spite of demand of the Corporation, the opposite party No. 1 did not deliver possession of the fiat in favour of the Cor...
Krishna Chandra Paul and ors. Vs. Md. Nantu Sk. and anr.
Court: Kolkata
Decided on: Jun-18-1999
Reported in: (1999)2CALLT548(HC),1999(2)CHN325
D.P. Sengupta, J. 1. Inspite of service none appears for the opposite parties. Affidavit of service may be kept with record. The matter is taken up for hearing.2. This revlsional application is for quashing of a proceeding being C.R. Case No. 177 of 1994 pending In the court of the learned sub-Divisional Judicial Magistrate, Kalna, Burdwan.3. The Opposite party No. 1 filed a petition of complaint in the court of the learned Sub-Divisional Judicial Magistrate, Kalna alleging commission of an offence under section 406/420 of the Indian Penal Code. In thepetition of complaint it was alleged that the opposite Party No. 1 took a loan of Rs. 6000/- on 28.6.1991 from the Bank of India, Dhatrlgram Branch by mortgaging a gold ornament weighing about 0.38 grams. It was alleged that the Opposite Party No. 1 paid Rs.8.328/- in full payment of the said loan with interest on 10.6.94. But the Bank authority refused to return the mortgaged gold ornament.4. On receipt of the said complaint the learned ...
Kishan Jawanjal and ors. Vs. Steel Authority of India Ltd. and ors.
Court: Kolkata
Decided on: Jun-18-1999
Reported in: (1999)3CALLT24(HC)
M.H.S. Ansari, J. 1. The instant writ application is filed by petitioners, nine (9) in number. They had been employed by the Durgapur Steel Plant (respondent No.2 herein) (for short D.S.P.) in the Department of Blast Furnace refining through the contractors. 2. The State Government by its notification dated 22nd February. 1982 (annexure 'A') in purported exercise of the power conferred by sub-section (1) of section 10 of the Contract Labour (Regulation and Abolition) Act, 1970,, prohibited employment of contract labour in any process or operation in the jobs specified therein and employed by M/s. Durgapur Steel Plant with the effect from 1st March. 1982. In the said notification, there are about twenty one (21) jobs listed therein and at serial No. 19, the Job listed pertains to relining of blast furnace. 3. It is the petitioners case that after the said notification, the petitioners were asked to appear before the Selection Committee on different dates for the post of unskilled worker...
Rabiyul Mondal Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-18-1999
Reported in: (1999)3CALLT19(HC)
D.P. Sengupta, J. 1. This revisional application is for quashing of a proceeding being G.R. No. 164 of 1997 under sections 376/109/493 of the Indian Penal Code pending in the court of learned Sub-Divisional Judicial Magistrate, Basirhat. 2. On the basis of a complaint lodged by one Nazrul Sardar a case was registered with Swarupnagar Police Station against the present petitioner and his younger brother alleging commission of an offence under sections 493/376/109 of the Indian Penal Code. In the first information report it was alleged that the brother of the petitioner and the daughter of the defacto complainant came in contact of each other and as a result of such free mixing the intimacy between the parties grew up and they got married according to Muslim rites on 2.1.97. The daughter of the defacto complainant became pregnant. It was further alleged that few months after the marriage the said Safiqul Mondal (brother of the present petitioner) refused to accept the daughter of the def...
Ajoy Kumar Rathod and ors. Vs. Union of India and ors.
Court: Kolkata
Decided on: Jun-18-1999
Reported in: (1999)3CALLT423(HC)
M. H. S. Ansari, J. 1. Brief facts leading to the filing of the Instantwrit application are that: the petitioners are the landlords of the premises being third and fourth floors and two servants quarters at premises No. 4, Kiran Sankar Roy Road. Calcutta. The Commissionerate of Central Excise, Respondent No. 8 herein are the tenants of the premises in question. According to the petitioners, the respondents are under obligation to reassess the rent every five (5) years. According to the petitioners they applied for revision of rent. The Hiring Committee determined the rent at the rate of Rs. 5.94 paise per sq. ft. for the period commencing from 1.7.85 (1st reassessment) and the Excise authorities paid the rent at the revised rates.2. According to the petitioners, the revision of rent was delayed and that the second re-assessment of rent falls due on 1st September. 1987. By a letter dated 24.8.1987 request was made for re-assessment with effect from 1.9.1987.3. The petitioners request fo...
Apurba Kr. Chakraborty and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-16-1999
Reported in: (2000)1CALLT198(HC),1999(2)CHN174
R. Pal, J.1. The 34 petitioners are wireless cleaners under the Calcutta Police Department. According to them they perform, In essence, the Identical duties as police constables. However, they get a lower scale than the police constables. They submitted a representation before the Commissioner of Police for being treated on par with police constables. Their representation was recommended by the then Commissioner of Police to the Government of West Bengal by Memo No. 1202/SPC dated 31st March, 1987. In the recommendation, the then Commissioner delineated the duties of wireless cleaners and said that they were strenuous. It was also noted that there was no scope for promotion of wireless cleaners. The then Commissioner of Police, apart from recommending parity of pay with constables, also recommended certain subsidiary matters Including re-designation of wireless cleaners as wireless helpers.2. The Stale of West Bengal re-designated the petitioners as wireless helpers on the basis of the...
Kanoria Jute and Industries Ltd. and Ors. Vs. Employees' State Insuran ...
Court: Kolkata
Decided on: Jun-16-1999
Reported in: (2003)ILLJ364Cal
Prabir Kumar Samanta, J. 1. Through this writ petition, the writ petitioners have challenged the taking of cognizance by the learned Chief Metropolitan Magistrate on the complaints filed by the Employees' State Insurance Corporation and have accordingly prayed for quashing of the same.2. Undisputedly three complaints were filed before the learned Chief Metropolitan Magistrate by the Employees' State Insurance Corporation for taking cognizance of the offence committed under Section 85(a) of the Employees' State Insurance Act, 1948 (hereinafter referred to as E. S. I. Act, 1948) for three different periods. On the basis of the aforesaid three complaints three criminal cases bearing No. C/1108/94, C/1109/94 and C/1110/94 were registered some time in the month of July, 1994 and summons were issued by the learned Metropolitan Magistrate in the name of the petitioners who are company, Managing Director and a Director of the petitioner/company respectively.3. The points raised in this writ pe...
Commissioner of Income-tax Vs. Shree Durga Agencies Ltd.
Court: Kolkata
Decided on: Jun-15-1999
Reported in: [1999]239ITR484(Cal)
1. By this reference application, the following questions are referred for the opinion of this court : '1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the provisions of Section 263 of the Income-tax Act, 1961, as amended by the Finance Act, 1988, would not be available to the Commissioner of Income-tax in this case 2. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in cancelling the order of the Commissioner of Income-tax under Section 263 of the Income-tax Act, 1961 ?' 2. The assessee is a limited company. It has filed a return on December 31, 1983, showing total income for the year Rs. 2,89,275 and also claim for deduction under Sections 80M and 80W. After setting off earlier years' unabsorbed loss and depreciation to the tune of Rs. 2,74,135, the net income of Rs. 4.390 has been shown by the assessee. The relevant assessment year is 1982-83 for the accounting period ended on ...
State of West Bengal and ors. Vs. Purulia District Contractors Associa ...
Court: Kolkata
Decided on: Jun-14-1999
Reported in: AIR1999Cal163
ORDER1. Having heard the learned Counsel for the parties, we are of the opinion that this appeal shoud itself be disposed of as it involves a pure question of law .2. This appeal is directed against a judgmentand order dated 23-12-98, whereby and whereundei- the writ application filed by the respondent-writ petitioners was allowed. The writ-petitioners respondents are the contractors. They are not holder of any mining lease nor had they been granted any quarry permit. According to the writ petitioners-respondents, they purchased minor minerals for their use in execution of their contract. The respondents had directed them to produce royalty clearance certificate as condition precedent for passing their bills. Such a condition imposed in the impugned Memo dated 28-8-97 was questioned in this writ application. By reason of the impugned judgment the learned trial Judge has held that the said condition is illegal.3. Mr. Sen, the learned Counsel appearing on behalf of the appellant, inter a...
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