Kolkata Court July 1999 Judgments
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Damodar Valley Corporation Vs. Mrityunjay Basu
Court: Kolkata
Decided on: Jul-19-1999
Reported in: (2000)1CALLT15(HC)
V.K. Gupta, J.1. This appeal under Clause 15 of the Letters Patent is against judgment dated 24th April '98 passed by a learned single Judge of this court in Matter No. 2585 of 1986. Brief facts leading to the filing of the appeal are that the respondent Mrltyunjay Basu being the Receiver of the property at 10. Belvedere Road. Allpore, Calcutta-27 filed a writ application under Article 226 of the Constitution against the appellant Damodar Valley Corporation and others with regard to the enhancement of the rent for the period 1983 to 1997 on the ground that the lease held by the appellant in respect of the property in question had expired on 30th November, 1983 and that thereafter the appellant was liable to pay rent at Increased rate till the date of the vacation of the property by the appellant (October-1996 partly; and March 1997 fully). Following reliefs were claimed In the writ application by the writ petitioner :'(a) a declaration that the Respondent No.1, the Damodar Valley Corpo...
Debasish Kar Gupta and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-19-1999
Reported in: AIR1999Cal300
ORDERK.J.V. Sengupta, J.1. By this writ petition the petitioners herein being two guardians of their two respective wards, viz., Anewsha Kar Gupta and Rupsa Basu, have challenged the decision of the Managing Committee of the secondary stream of Brahmo Balika Shikshalaya being the respondent No. 4 (hereinafter referred to as the said school) and a notice of the Headmistress dated 13 August, 1998 of the aforesaid stream for holding admission test of the wards of the petitioners.2. It is stated in the writ petition that such decision is wholly mala fide, illegal, arbitrary and unconstitutional inasmuch as the said two girls were admitted once in its Montessori stream of the said school and gradually these two students were successfully promoted to successive classes and by this process they have come out successful in Class IV examination whereby they have become eligible to be admitted to Class V as a matter of course and without any further admission test. The said school is an one and ...
Pradip Kumar Roy Vs. Smt. Bimala Banerjee and Anrs.
Court: Kolkata
Decided on: Jul-16-1999
Reported in: (1999)2CALLT599(HC)
B. Bhattacharya, J.1. This appeal is at the instance or a plaintiff in a suit for specific performance of contract and is directed against the judgment and decree dated July 7, 1989 passed by the learned Assistant District Judge, 7th Court, Alipore in Title Suit No. 59 of 1987 thereby refusing the prayer for specific performance of contract but granting a decree for refund of earnest money.2. The appellant filed the aforesaid suit for specific performance of contract against the respondents herein and the case made out by the plaintiff was inter alia as follows :3. The respondent were Joint owners of land measuring more or less 2 blghas 4 cottahs 6 chitaks and 34 sq.ft. appertaining to R.S. Plot No. 343 of Khatian No. 329 of Mouza Dakshin Behala. By an agreement dated July 24, 1984 the respondents agreed to sell 10 cottahs of land out of the aforesaid land @ Rs. 6,500/- per cottah. Accordingly, earnest money of Rs. 25,000/- was paid by the appellant out of the total consideration. Subs...
E. M. I. Group Electronics Ltd. Vs. Coldicott (inspector of Taxes)
Court: Kolkata
Decided on: Jul-16-1999
Reported in: [2000]245ITR580(Cal)
Head Note:INCOME TAXIncome--CHARGEABILITYEmoluments--Amount paid in lieu of notice under contractual term agreed at commencement of employmentCatch Note:Taxpayer terminated service of two employees and amount were paid to them in lieu of notice for termination of services--The tax payer were required to deduct notional tax from the payment treating the amount paid in lieu of notice as emoluments--The taxpayer appealed to the Special Commissioners against those determinations--There was no dispute that, if the payments in lieu of notice were taxable under schedule E as emoluments within case I, the determinations were properly made--Nor was there any dispute that the payments were capable of being 'emoluments' within the meaning given to that expression by section 131(1) of the Act of 1988 : that is to say, 'all salaries, fees, wages, perquisites and profits whatsoever'--The only issue was whether the payments were properly to be regarded as emoluments from the employment in the context...
Sudhamay Nath Alias Bachhu Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-15-1999
Reported in: (1999)3CALLT69(HC),1999CriLJ4482
G.R.Bhattacharjee, J.1. This is an appeal against the judgment and orders of conviction and sentence under section 376 IPC passed by the learned Addl. Sessions Judge. Siliguri in Sessions Case No. 30 of 1993. The prosecution case as stated in the FIR which was lodged at Kharibari P.S. on 9.2.91 by PWI Sri Senabali Singha is that her daughter Saraswati Singha @ Mousumi aged about 14/15 years was a student of class V of Kharibari Uchaya Madhyamik Vidyalaya and the appellant/ accused Bachhu Nath @ Sudhamoy used to teach her for the last 2/3 years and he allured the said minor girl in various ways and also secretly became physically close to her on assuring that he would marry her as a result of which the said minor daughter became pregnant, the pregnancy running into three months when, in the middle of December, 1990, the girl became indisposed and then on enquiry she revealed the aforesaid facts. It is also stated in the FIR that on 21.12.90 the appellant/ accused came to the house of th...
Gkw Ltd. Vs. Joint Commissioner of Income-tax
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Jul-14-1999
Reported in: (2000)74ITD161(Kol.)
1. This appeal is directed against the order dated 26-2-1999 passed by Shri A.K. Jha, CIT (Appeals)-XI, Calcutta and the grounds raised are as follows :- 1. That on the facts and in the circumstances of the case, the learned CIT (Appeals) was not justified in confirming that the profit on sale of assets amounting to Rs. 6,02,35,000 is not an item for being set off from the computation of Book Profit as per provision of Section 115JA." 2. "That on the facts and in the circumstances of the case, the learned CIT (Appeals) was not justified in not considering the ground of exclusion on account of benefit available to the appellant in respect of customs duty on future import which is purely of notional in nature.1.1 Ground is also raised against the legality of the adjustment under Section 143(1)(a) of the Act.2. The assessee is a public limited company engaged, inter alia, in the business of manufacture and sale of alloy, special sheets and other allied items. For the previous year ended ...
Suniti Kr. Pratihar Vs. Sarbani Sen and anr.
Court: Kolkata
Decided on: Jul-14-1999
Reported in: (1999)2CALLT574(HC)
P.K. Sen. J. 1. This application under Article 227 of the Constitution of india is at the instance of a respondent in a proceedings under section 8 of the West Bengal Land Reforms Act and is directed against an order passed by Sri S. Raha, Judge, Special Court (B.C. Act) cum Additional District Judge, Mldnapore reversing the order passed by Sri A. Chakraborly, Munslf, Mldnapore.2. Smt. Sarbanl Sen, who is the respondent before this court, made a prayer for pre-emption under section 8 of the West Bengal Land Reforms Act coupled with a prayer under section 5 of the Limitation Act for pre-emptlon of the disputed plot. The learned Munslf upon consideration of the facts and circumstances and the evidence disallowed the prayer for preemption on merits and also on the ground that it is barred by limitation. On being aggrieved by such order, the said petitioner Smt. S. Sen approached the learned District Judge, Mldnapore with a prayer made under section 115(a) of the Code of Civil procedure fo...
The State Transport Authority and ors. Vs. Milan Kumar Puri
Court: Kolkata
Decided on: Jul-14-1999
Reported in: AIR1999Cal93
Altamas Kabir, J. 1. This appeal at the instance of the State Transport Authority, West Bengal, is directed against the judgment and order dated 17th February,1998, passed by the learned single Judge on the writ application (Matter No. 1413 of 1994) and the subsequent contempt application (C.C. No. 260 of 1996) of Shri Milan Kumar Puri, allowing the writ application and disposing of the contempt application by directing the State Transport Authority and its authorities to issue permanent permit to the petitioner on the route Calcutta to Mazna. 2. The said route is to a large extent aligned to the notified route Calcutta to Digha. In 1987, the writ petitioner/respondent No. 1 seems to have applied for a permanent stage carriage permit on the said route, but, inasmuch as, the State Transport Authority, West Bengal, remained silent over the mater, he moved several writ petitions and pursuant to orders passed therein he was granted successive temporary permits on the said route.3. On 20th ...
Gorsia Architectual Design Pvt. Ltd. Vs. Mangalam Timber Products Ltd.
Court: Kolkata
Decided on: Jul-14-1999
Reported in: [2002]109CompCas418(Cal)
S.B. Sinha, Actg. C.J.1. The instant appeal is directed against an order of the learned single judge dated November 3, 1998, in Company Petition No. 313 of 1998, whereby a company petition was admitted for the sum of Rs. 3,68,829.56 and the company was directed to pay interest of 16 per cent, per annum till the filing of the application and thereafter 10 per cent, per annum till the entire dues are paid, in default it was directed that the petitioner/creditor shall be at liberty to publish an advertisement and the matter was made returnable 4 weeks after such publication.2. The company is the appellant before us which has deposited the principal sum of Rs. 3,68,830 in cash with the Registrar, original side of this court on November 23, 1998, pursuant to the conditional order of stay granted by this court on November 17, 1998, in the instant appeal.3. According to the appellant company the respondent creditor supplied to the company 1248 sheets being the goods contracted to be supplied ...
Gostha Behari Jana Vs. Calcutta State Transport Corporation and ors.
Court: Kolkata
Decided on: Jul-14-1999
Reported in: [2000(86)FLR508],(2000)ILLJ992Cal
ORDERS.B. Sinha, A.C.J.1. The sole question which arises for consideration in this appeal is whether the Special Officer (Administration) of the first respondent herein was competent to pass an order of punishment unto the appellant herein. The facts of the matter are as follows:2. The appellant was a conductor appointed by the Depot Manager, Belghoria Depot on or about May 10, 1967. Admittedly a disciplinary proceeding was initiated and by reason of an order dated April 18, 1978, the Special Officer (Administration) had issued a charge sheet against him. The Enquiry Officer appointed to enquire into the charges, submitted a report on or about June 5, 1978 whereby and whereunder, the charges levelled against the petitioner have been held to have been proved. The Special Officer (Administration) thereafter issued a second show cause notice which was questioned by the appellant by filing a writ application praying, inter, alia;'(a) Declaration that the second show cause notice dated June...
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