Kolkata Court September 1999 Judgments
Owners and Parties Interested in the Vessel M.V. dong Do and anr. Vs. ...
Court: Kolkata
Decided on: Sep-30-1999
Reported in: (2000)1CALLT367(HC)
S.B. Sinha, A.C.J.1. This appeal is directed against an order dated 29th July. 1999 passed in Admiralty Suit No. 16/99. In the aforementioned Suit filed by the plaintiff-respondent, the ship known as M.V. Kim Dong was directed to be in arrested.2. The fact of the matter is as follows :--Two ships known as M.V. Kim Dong and M.V. Dong. Do allegedly belonged to the Socialist Republic of Vietnamies Government. The vessel M.V. Klm Dong was carrying rice from the port of Paradeep in India to the Port of Chita gong. For reasons which are not relevant for the purpose of the present case, the Ministry of Food of the Government of Bangladesh did not take delivery of the said consignment of the rice. The said vessel allegedly illegally left the Port of Chitagong for Hanoi on 10th July. 1999 without discharging the cargo although all the documents in relation thereto had been seized by the appropriate authorities of the Government of Bangladesh. The Plaintiff in this suit had certain claim against...
Tag this Judgment!M/S. Shrey Mercantile (P) Ltd. and ors. Vs. the Calcutta Municipal Cor ...
Court: Kolkata
Decided on: Sep-29-1999
Reported in: AIR2000Cal193,(2000)1CALLT310(HC)
V.K. Gupta, J.1. An important and interesting question of law relating to the power and jurisdiction of the Calcutta Municipal Corporation under the Calcutta Municipal Corporation Act, 1980, is involved for considerationin this appeal files under clause 15 of the letters Patent against the Judgment dated 9th September, 1998 passed by a learned single Judge of this court in W.P. No. 1228 of 1998, whereby the writ application filed by the appellants was dismissed.2. The facts indeed are very brief and simple. The appellants are owners of the premises at 9A, Jatindra Mohan Avenue, Calcutta. They applied for sanction of a building plan to the Calcutta Municipal Corporation since they wanted to demolish the existing structure which, according to them, is completely dilapidated and had become unsafe, and that after demolishing the existing structure, they wanted to erect a new multi-storeyed building. The existing structure comprised of an old three storeyed property and the proposed new bui...
Tag this Judgment!AllauddIn Shah and anr. Vs. State of West Bengal
Court: Kolkata
Decided on: Sep-28-1999
Reported in: (2000)1CALLT234(HC),2000(69)ECC623
S. Barman Roy, J.1. By this application petitioner seeks to challenge the order dated 25.6.99 passed by the learned Special Judge (N.D.P.S. Act), Howrah In T.R. No. 8 of 1998 by which learned trial court split up the case of the petitioner and another from the case of other accused and directed separate trial of all the accused except the peUtloner and another.2. Case In short is that the petitioner and others are accused In the aforementioned case for alleged commission of various offences under Narcotic Drug and Psychotrophlc Substances Act. When the petitioner and other accused persons were In custody in connection with the aforesaid case, LIC Town Police Station at Balasore instituted another case being LIC Town P.S. Case No. 209 of 1998 under sections 20(B), 21 and 29 of the N.D.P.S. Act corresponding to Special Case No. 64/98 against the petitioner and others. Pursuant to a production warrant Issued by the Special Court (N.D.P.S. Act), Balasore in connection with the aforesaid Ba...
Tag this Judgment!Amal Kanti Bose Vs. W.B. State Co-operative Bank Ltd. and ors.
Court: Kolkata
Decided on: Sep-27-1999
Reported in: [2000(85)FLR64],(2000)IILLJ171Cal
D.P. Kundu, J.1. The writ petitioner was an employee of the West Bengal State Co- operative Bank Ltd. (hereinafter referred to as the Bank). While the petitioner was working as supervisor in the Baduria Branch of the Bank, by virtue of a charge-sheet dated January 6, 1989 certain charges were levelled against the petitioner. By another charge-sheet dated October 21, 1989 some additional charges were also levelled against the writ petitioner. The charges against the writ petitioner were grave in nature and they include falsification of accounts, breach of trust, misappropriation of Bank's money, dishonesty in connection with the Bank's business and property, negligence, dereliction of duty and defalcation. It is not necessary to quote the charges levelled against the writ petitioner. An employee may be very bad and dishonest person and may deserve penalty of dismissal from service. But no penalty can be imposed even upon a very bad and dishonest employee without following principles of ...
Tag this Judgment!R. Mani and ors. Vs. M/S. Nand Fast Transport and anr.
Court: Kolkata
Decided on: Sep-23-1999
Reported in: II(2000)ACC734,2000ACJ1104,(2000)1CALLT89(HC)
P. K. Samanta, J. 1. This appeal is by the claimants appellants against an award dated 30th March, 1999 passed under section 168 of the Motor Vehicles Act. 1988 by the Motor Accident Claims Tribunal, Andaman & Nicobar Islands. The claimants are the father, mother and two sisters of the deceased who died In a fatal accident on 17th December, 1995. By the aforesaid award the learned Tribunal determined the amount of compensation at Rs. 62.400/- and a consolidated cost of Rs. 1.600/- for payment to the claimants appellants Jointly which would be divided equally amongst them. 2. It was not disputed that the deceased was 16 years old while he died in a fatal accident on 17th December. 1995. The said deceased had an earning of Rs. 600/- per month at the time of his death, was also not controverted by the respondents is the proceeding before the Accident Claims Tribunal. The death is a fatal accident on 17th December 1995 because of the negligence of the driver of the vehicle In question, was...
Tag this Judgment!Smt. Tapati Pal Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Sep-22-1999
Reported in: [2000]241ITR468(Cal)
1. On these applications under Section 256(1) of the Income-tax Act, 1961, the Tribunal has referred the following questions for both the reference applications for the assessment years 1983-84 and 1984-85 for our opinion :'1. Whether, on the interpretation of Section 159 of the Income-tax Act, 1961, the finding of the Tribunal that the legal heir is fully responsible for the default committed by the deceased was patently on reasonable and/or sustainable in law ? 2, Whether, on the facts and in the circumstances of the case, the order of remand by the Tribunal was legal and valid ? 3. Whether, on the facts and in the circumstances of the case, the Tribunal acted legally in sending back the matter to the Assessing Officer after having held that the illness of the deceased had been established by evidence ? 4. Whether, on the facts and in the circumstances of the case, the disposal of the appeal by the Tribunal was in accordance with law ? 5. Whether, the finding of the Tribunal that the...
Tag this Judgment!Sri Naba Kumar Mondal Vs. Smt. Lilabati Mondal and ors.
Court: Kolkata
Decided on: Sep-21-1999
Reported in: (2000)1CALLT1(HC),I(2000)DMC709
P.K. Sen, J.1. This matrimonial appeal is at the instance of the husband and is directed against an order of dismissal of his petition under section 12(1)(c) of the Hundu Marriage Act, passed by Sri T.K. Ghosh. Additional District Judge, 14th Court, South 24 Parganas at Alipore.2. The husband, who happens to be the appellant before this court, filed a petition for annulment of marriage under section 12(1)(c) of the Hindu Marriage Act (herein after referred to as the said Act) upon the ground that the respondent wife had practised fraud upon him. His case Is that he got married with respondent No. 1 on 7.5.90 upon negotiation. The husband, before marriage desired to have a bride of fair complextlon and must have passed School Final Examination and must be below twenty-one years of age. Matchmaker approached the husband and thereafter marriage was settled between the appellant and respondent No. 1 at the Intervention of the matchmaker and respondent No. 2 and 3 who are brother and father...
Tag this Judgment!Sunil Kumar Sen Vs. Union of India
Court: Kolkata
Decided on: Sep-17-1999
Reported in: (2000)1CALLT332(HC)
M.H.S. Ansari, J.1. The instant application has been assigned to this court.2. The plaintiff is the applicant in the instant case and filed the instant application praying for amendment of the plaint in the manner Indicated in red ink in a copy thereof, annexed to the application.3. Despite best efforts, it is stated by Mr. Nirmal Mitra, learned senior counsel appearing with Mr. R.P. Banerjee for the respondent/defendant, the affidavit-in-opposition could not be filed despite sufficient opportunity and time having been afforded by court in that behalf. Mr. Mitra, however, made oral submissions opposing the said application for amendment of the plaint.4. The suit as originally filed by the plaintiff was for a decree for specific delivery of 5(five) electric transformers mentioned in scheduled 'A' to the plaint; decree for Rs. 5.53.075/- towards loss and damages suffered by plaintiff, particulars whereof were mentioned in scheduled 'B' to the plaint. In scheduled 'B' the quantification o...
Tag this Judgment!Commissioner of Entertainment Tax and anr. Vs. Mitra Cinema and ors.
Court: Kolkata
Decided on: Sep-17-1999
Reported in: AIR1999Cal247
1. Learned counsel for the appellants is permitted to remove the defect.2. Having heard the learned counsel for the parties, we are of the opinion that this appeal itself should be disposed of at this stage.3. This appeal is directed against an order dated 4-8-99 passed by a learned Judge of this Court whereby and whereunder certain interim orders have been passed.4. The writ petitioner filed a writ application before this Court claiming, inter alia, the following reliefs :'(A) Writ/Order/Direction in the nature of Prohibition do issue upon the respondents prohibiting them from taking any case for decision including that of the case of the petitioner being C.R. No. 10280 (W) of 1984 (renumbered as RN-110 (T) of 1999 which were pending before the High Court and stood transferred upon promulgation of the West Bengal Taxation Tribunal Act 1987 from exercising powers not warranted under the statute;(B) Writ/Order/Direction in the nature of Mandamus do issue upon the respondents to rescind/...
Tag this Judgment!Deputy Commissioner of Income Tax Vs. Mokalbari Kanoi Tea Estate (P)
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Sep-15-1999
Reported in: (2000)74ITD448(Kol.)
1. This appeal is by the Revenue against the CIT(A)'s order, dated 26th February, 1993, for the asst. yr. 1989-90.2. The first ground of appeal is regarding deletion of Rs. 42,27,001 on account of interest pertaining to earlier years.3. During the course of assessment, the AO has disallowed Rs. 42,27,001 on account of interest pertaining to earlier years with the following observation : "11. The amount of interest debited by the assessee in the accounts is Rs. 2,17,54,063. As per the Tax Audit Report a sum of Rs. 40,27,001 included therein relates to earlier years. Since the assessee is maintaining its accounts according to the mercantile system the expenditure which does not relate to the relevant accounting period cannot be allowed as a deduction in computing its income of the relevant accounting period. Consequently the same is being disallowed." 4. On appeal by the assessee, the CIT(A) has deleted the same with the following observation : "The next ground of appeal is against addi...
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