Kolkata Court August 1999 Judgments
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Ashoke Dasgupta Vs. United Bank of India and ors.
Court: Kolkata
Decided on: Aug-26-1999
Reported in: (2000)IIILLJ1489Cal
Ajoy Nath Ray, J.1. The two writs by the same writ petitioner against United Bank of India are disposed of by this common order.2. After long years of service, while the writ petitioner was the Branch Manager of United Bank of India at Birpara Branch , Jalpaiguri he wrote a letter on May 14, 1996 and also served it 6n the same day on the Bank Authorities.3. By the said letter he sought to exercise an option for voluntary retirement which is given to him by Rule 29 of the Pension Regulations of the Bank, 1995.4. He gave 90 days' notice to the Bank stating that he would be retiring, when 90 days would be over on August 12, 1996. On receipt of the notice, the respondents sent back that notice to the writ petitioner stating that it should be routed through the proper channel. According to the respondents, the proper channel was the Regional Manager. The writ petitioner re-submitted that letter sometime on or about June 14, 1996, but the consistent stand taken by the writ petitioner has bee...
Commissioner of Income-tax Vs. Sijua (Jharriah) Electric Supply Corpn. ...
Court: Kolkata
Decided on: Aug-26-1999
Reported in: (1999)157CTR(Cal)124
Y.R. MEENA, J.:On reference application, the Tribunal has referred the following question for opinion of this Court :'Whether, on the facts and in the circumstances of the case, the sum of Rs, 13,35,467 is allowable under section 40A(7)(b)(i) of the Income Tax Act, 1961 ?'2. The assessee is carrying on business of production and sale of electricity. On 17-7-1975, the electricity undertaking was taken over by Bihar State Electricity Board and all assets, liabilities, etc. vested in the said Board under Bihar Electricity Supply Undertakings (Acquisition) Act, 1979. The compensation money receivable by the assessee- company for such acquisition were not finalised on the date of making assessment. The assessee had claimed the gratuity payable as on 17-7-1975, at Rs. 13,35,467 excluding a sum of Rs. 1, 17,418 which was allowed in the assessment for 1974-75. The assessing officer disallowed the claim of the assessee on the ground that there is a provision for payment of gratuity to the emplo...
Kulik Paper Industries (Pvt.) Ltd. and anr. Vs. Sri Sanjay Agarwala
Court: Kolkata
Decided on: Aug-25-1999
Reported in: (2000)3CALLT92(HC),2000(1)CHN472
D.P. Scngupta, J.1. This revislonal application is for quashing of a proceeding being C.R. Case No. 478/ under section 138 of the Negotiable instruments Act pending in the Court of the learned Sub-Divisional Judicial Magistrate, Raiganj, Uttar Dlnajpur.2. The opposite party herein filed a petition of complaint in the Court of learned Sub-Divisional Judicial Magistrate, Raiganj alleging commission of an offence under section 138 of the Negotiable instruments Act. In the said petition of complaint it was alleged that the accused No. 2 is theDirector of the accused No. 1 Company, who was in charge of and was responsible to the conduct of the day to day business of the Company. For the payment of some outstanding bills the accused person issued four cheques drawn on Central Bank of india, Calcutta Main Office in favour of the complainant. The aforesaid four cheques were duly presented for encashment by the complaint But out of the said four cheques only one cheque was honoured by the Bank ...
Bhaskar Gupta and ors. Vs. A.K. Chattopadhyay and anr.
Court: Kolkata
Decided on: Aug-25-1999
Reported in: (2001)IIILLJ1032Cal
Debiprasad Sengupta, J.1. This revisional application is for quashing of a proceeding, being Case No. C-138 of 1997, in the Court of the learned Chief Judicial Magistrate, Barasat, North 24 Parganas, under Section 92 of the Factories Act, 1948, for contravention of Rule 51 of the West Bengal Factories Rules, 1958, and the provisions of Sections 41 and 112 of the Factories Act, 1948.2. The present petitioners were made accused in a case being Case No. C-138 of 1997, pending before the learned Chief Judicial Magistrate, North 24 Parganas, Barasat, on the accusation of having committed offences punishable under Section 92 of the Factories Act, 1948, for contravention of Rule 51 of the West Bengal Factories Rules, 1958, and the provisions of Section 41 and Section 112 of the Factories Act, 1948. The said case was initiated on the basis of a petition of complaint lodged by opposite party No. 1 herein before the learned Chief Judicial Magistrate, North 24 Parganas at Barasat. In the petition...
Brahmo Balika Shikshalaya and anr. Vs. Debasish Kar Gupta and anr.
Court: Kolkata
Decided on: Aug-24-1999
Reported in: (1999)2CALLT649(HC),1999(2)CHN680
S.B. Sinha, ACJ 1. This appeal is directed against a Judgment and order dated 19.7.99 passed in W.P. No. 24113(W) of 1998 whereby and hereunder the writ petition of the writ petitioners/respondents questioning a decision taken by the Appellant herein to take examination of the students for admission in Class-V by a notice dated 13.8. 1998 was allowed.2. The writ petitioners are fathers and natural guardians of their daughters Anewsha Kar Gupta and Rupsa Basu respectively. They were admitted in the school to the primary section and in the examination held for the students for Class IV obtained 81% and 91% marks respectively.3. The school is a Higher Secondary School having Montessori, Primary, Secondary and Higher Secondary Departments with a Ladies' Hostel for the students. The writ petitioners' contention is that all the aforementioned sections are run by the same Managing Committee.4. The learned trial Judge, Keeping in view the facts and circumstances of the case, formulated three f...
Jute Corporation of India Ltd. Vs. Sudera Enterprises Pvt. Ltd.
Court: Kolkata
Decided on: Aug-24-1999
Reported in: AIR1999Cal152
S.B. Sinha, Ag. C.J. 1. These two appeals being inter-related were taken up for hearing together and are being disposed of by this common judgment.2. M/s. Sudera Enterprises Pvt. Ltd. (hereinafter referred to as 'Sudera') has filed a suit for eviction against Jute Corporation of India Ltd. (hereinafter referred to as the 'Jute Corporation') inter alia, on the ground of expiry of the period of lease dated 5th December, 1970. Admittedly, the said indenture of lease contained a renewal clause which is in the following terms :--'In case the Lessee shall be desirous of obtaining a renewed lease of the demised premises for a further period of ten years and of such desire shall give at least two months' previous notice in writing to the Lessor and shall have duly paid the rent and complied with the (sic) carried all the covenants and conditions herein contained and on the part of the Lessee to be paid observed and performed then and in such case the Lessor shall at the cost and expense of the...
State of West Bengal Vs. Arunesh Pathak and ors.
Court: Kolkata
Decided on: Aug-24-1999
Reported in: 2000CriLJ1039
ORDERDibyendu Bhusan Dutta, J. 1. Order No. 26 dated 20-11-97 passed by the Id. Seventh Additional Sessions Judge at Alipore holding the Sessions Trial being St. No. 1 (1) of 1997 arising out of G.R. Case No. 1451 of 1995 under Sections 302/ 34/201/498A of the IPC forms the subject-matter of challenge in the instant revisional application filed at the instance of the prosecution under Sections 397/401/482 of the Cr. P.C.2. Dr. P.B. Das, the autopsy surgeon, was examined-in-chief as P.W. 2 by the prosecution on 22-5-97, 4-6-97, 7-7-97 and 8-7-97 and was cross-examined by the defence on 8-7-97, 22-7-97, 23-7-97, 23-9-97 and 24-9-97. After the cross-examination of the witness was over, the prosecution prayed before the Court below for time till 30-9-97 for filing a petition for recalling the witness for re-examination. The formal application was thereafter filed and the defence opposed the application by filing a written objection dated 7-11 -97. Upon hearing the prosecution and the defen...
Md. Sanjoy and Md. Mahtab Vs. the State of West Bengal
Court: Kolkata
Decided on: Aug-23-1999
Reported in: (2000)1CALLT230(HC),2000CriLJ608
C.R. Bhattacharjee, J.1. This is a revisional application under section 482 CrPC against the order dated 5.4.99 passed by the Additional Dist. & Sessions Judge, 8th Court, Allpore, 24-Parganas (South) in trial number 2(9)/1997 by which the learned Additional Sessions Judge rejected theprayer of te accused persons who are the petitioners herein to defer the cross-examination of the eye witnesses till all such witnesses are first examined-in-chlef. it is submitted on behalf of the petitioners that the petitioners have been charged under section 148/149/323/354/302 IPC before the learned Additional Sessions Judge and that the eye witnesses to the alleged occurrence are P.W.s. 3,4,5 & 6 and P.Ws. 13, 14, 15 & 16. it is submitted that if the prosecution examine the eye witnesses in two batches intervened by some other witnesses and if the defence Is not allowed to cross-examine the eye witnesses after the examination-in-chief of all such witnesses is completed first, in that event the defen...
Commissioner of Income-tax Vs. Smt. Renuka Ganguly and ors.
Court: Kolkata
Decided on: Aug-23-1999
Reported in: [1999]240ITR889(Cal)
1. By this reference application, the Tribunal has referred to the following question for our opinion :'Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that there is no unity of interest to assess the income from the clinic in the hands of the assessee as body of individuals and that the assessments in the hands of each heir and legal representative should be made separately according to his/her share as per law ?' 2. The assessees, Smt. Renuka Ganguly and others, were carrying on business in the name and style of 'National Clinical and Research and Laboratory'. It was a proprietary concern of the late Dr. A. N. Ganguly who died on May 26, 1973, intestate leaving behind him the second wife, Smt, Renuka Ganguly, one unmarried daughter and one minor son from the above second wife and two married daughters from the deceased first wife. A search was made on September 18, 1976, at the above clinic as well 'as at the residence of the abov...
Rashtriya Pariyojana Nirman Nigam Ltd. Vs. Industrial Associates
Court: Kolkata
Decided on: Aug-21-1999
Reported in: (2000)3CALLT513(HC)
V.K. Gupta, J.1. This Appeal under section 39 of the Arbitration Act 1940 is directed against a Judgment dated 20th May. 1999 passed by the learned single Judge of this Court in G.A No. 3367 of 1998 whereby the learned single Judge, while dealing with an application filed by the Respondent Rashtriya Pariyajana Nirman Nigam Ltd. for setting aside the Arbitration Award, has upheld a part of the Award and set aside a part thereof. The Appellant, Industrial Associates is aggrieved by that part of the Judgment of the learned single Judge whereby he has set aside the Award to the extent of claims 2, 3 and 5 and has filed the present Appeal challenging the Judgment to that extent. The other connected Appeal filed by Rashtrlya Parlyajana Nlrman Nlgam Ltd. similarly challenges that part of the Judgment of the learned single Judge whereby the Award has been upheld to the extent it allows claims 1 and 4, thus refusing to set aside the Award to that extent. This common Judgment was therefore dispo...
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