Kolkata Court August 1999 Judgments
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Haradhan Ghosh Vs. Naba Kumar Banerjee and ors.
Court: Kolkata
Decided on: Aug-06-1999
Reported in: (2000)1CALLT481(HC),1999(2)CHN792
R. Pal, J.1. This appeal has been preferred from an Order dated 8th August 1997 rejecting an application filed by the appellant for review of an order dated 15th June 1995 setting aside the appointment of the appellant as an Assistant Teacher and directing the appointment of the respondent Naba Kumar Banerjee in his place.2. The appellant had Joined as an organising teacher in the Hurla Junior High School (referred to as the School) on 9th August, 1978. When the appellant Joined the school, the respondent Naba Kumar Banerjee had been serving in the school as an organising teacher for a little over a year having joined the school as an organising teacher on 1st July 1977. The school was granted recognition on 1st January 1986 by the District Inspector of Schools (SE), Hooghly. Both Nabakumar and appellant were found working. The Inspection report contained Nabakumar's name at serial No. 5 and the appellant's name was serial No. 6. As the names of the appellant and Naba Kumar were not fo...
Smt. Mandira Mukherjee Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Aug-06-1999
Reported in: [1999]239ITR838(Cal)
1. On the reference application, the Tribunal has referred the following question under Section 256(1) of the Income-tax Act, 1961, set out at page 7 of the statement of case for our opinion :'Whether, on the facts and in the circumstances of the case, the rent received by the assessee from the house property is assessable as income from other sources or income from house property ?'2. The assessee, Smt. Mandira Mukherjee, is the daughter of Sailendra Nath Roy. A deed of settlement dated March 8, 1951, was made by the late Amarendra Nath Roy, grandfather of Smt. Mandira Mukherjee. Under the deed of settlement, he had settled the property valued at Rs. 3,00,000, including the property in question. Under the deed, he made Shri Sailendra Nath Roy, his only son, a trustee and also made provision for maintenance of his daughter and grand-daughter. As per the terms of the settlement deed dated March 8, 1951, a sum of Rs. 10,000 was to be spent on the occasion of marriage of the assessee and ...
Commissioner of Income-tax Vs. Poddar Bros (P.) Ltd.
Court: Kolkata
Decided on: Aug-04-1999
Reported in: [1999]240ITR925(Cal)
1. By this reference application, the Tribunal has referfed the following questions set out at page 2 of the statement of case for our opinion ; '1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in adopting the annual rateable value according to the municipal law for the purpose of assessment under the Income tax Act 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in not holding that the standard rent under Section 8(1)(d) of the West Bengal Premises Tenancy Act, 1956, should be the basis for determining the annual letting value of the property at 33,Madan Mohan Tolla Street, Calcutta, under Section 23(1) of the Income-tax Act, 1961 3. Whether there was any material before the Tribunal to hold that the rent received by the assessee was low or not fair rent ?' 2. The assessee was the owner of the house property at 33, Madan Mohan Tolla Street, Calcutta. This was a seven-storeyed building c...
Indian Oil Township Maintenance Contractor Workers' Union and Ors. Vs. ...
Court: Kolkata
Decided on: Aug-02-1999
Reported in: (1999)2CALLT631(HC),[2000(84)FLR506]
P.C. Ghosh, J. 1. This is an application filed by the petitioner inter alia praying for :-(a) A writ in the nature of Mandamus commanding the respondents to absorb the petitioners permanently in the regular establishment and to extend all service benefits as enjoyed by similarly circumstanced employed who are under the regular establishment of them; (b) A writ in the nature of Mandamus commanding the respondents not to appoint any staff like the petitioners directly until and unless the petitioner are totally absorbed in the regular establishment : (c) A writ in the nature of Certiorari directing the respondents to transmit and certify to this Hon'ble Court all the records of the case had before them to be in this court dealt with so that consctonable Justice may be done to the petitioners in terms of prayers; (d) A Rule NISI in terms of prayers (a), (b) and (c) above; (e) An ad-interim order of injunction directing the respondents to maintain status quo as on date as regard the servic...
The Owners and Parties Interested in the Vessel M.V. baltic Confidence ...
Court: Kolkata
Decided on: Aug-02-1999
Reported in: AIR1999Cal91
S.B. Sinha, A.C.J. 1. This appeal arises out of an order dated 10th November, 1998 passed in G.A. No. 709 of 1998 arising out of Admiralty Suit No. 17 of 1997 by a learned single Judge of this Court, the operative portion whereof reads thus:--'Mr. Suhrid roy Chodhury, Barrister-at-Law is appointed Commissioner to ascertain the extent of the damage, if any, caused to the said cargo and as to whether the said damaged portion is unfit for human consumption and further determine and assess the value of the said damaged portion.2. For this purpose, the Commissioner shall take oral and documentary evidence to be adduced by the parties and also take the assistance of the surveyors to be nominated by the plaintiff and the second defendant and whose remunerations shall be paid by them respectively.3. The department is directed to issue the writ of commission to the Commissioner. The Commissioner shall file his return within six weeks from the date of this order. The Commissioner shall be entitl...
Kumaresh Brambha Vs. Bani Das and ors.
Court: Kolkata
Decided on: Aug-02-1999
Reported in: I(2000)DMC424
Amit Talukdar, J. 1. Invoking the jurisdiction of this Court under Article 227 of the Constitution of India the petitioner has sought to question an order dated 23.12.1998 passed by the learned Additional Sessions Judge, 6th Court, Alipore, in Criminal Motion No. 222 of 1998 which affirmed an order of the learned Additional Chief Judicial Magistrate, Alipore dated 15.6.1998 passed in T.R. No. 100 of 1998 (Misc. Case No. 562 of 1997). The petitioner being aggrieved by the aforesaid order of the learned Additional Sessions Judge, 6th Court, Alipore passed in Criminal Motion No. 222 of 1998 dated 23.12.1998 whereby refusing his prayer with regard to maintainability of the proceeding under Section 125 of the Code of Criminal Procedure as the opposite party was not his married wife and that he had filed a Title Suit before the learned Munsif for declaration to that effect moved this Court.2. In this revisional application, it has been contended by the learned Lawyer appearing on behalf of t...
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