Kolkata Court November 2000 Judgments
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Sk. Safique Vs. Papia Bibi
Court: Kolkata
Decided on: Nov-17-2000
Reported in: II(2001)DMC336
Debi Prasad Sengupta, J.1. This revisional application is directed against an order dated 23.2.2000 passed by the learned Sessions Judge, Birbhum thereby dismissing the revisional application and affirming the order dated 12.7.1999 passed by the learned Judicial Magistrate, First Class, Dubrajpur, Birbhum in Misc. Case No. 146 of 1997 under Section 125, Cr.P.C.2. It appears that the present opposite party/wife filed an application before the learned Magistrate praying for maintenance for herself. The learned Judicial Magistrate after recording evidence and considering the facts and circumstances of the case directed the present petitioner/husband to pay an amount of Rs. 800/- p.m. from the date of filing of the case. It appears that the present petitioner being the husband contested the proceeding under Section 125, Cr.P.C. by filing written objection denying all material allegations levelled against him. In the written statement it was stated by him that he had already divorced the op...
Lytton Hotel Pvt. Ltd. Vs. Appropriate Authority and ors.
Court: Kolkata
Decided on: Nov-15-2000
Reported in: [2001]248ITR541(Cal)
Sengupta, J.1. The petitioner in this writ application has challenged anorder dated July 29, 1993, passed by the Appropriate Authority of theIncome-tax Department, Calcutta (respondent No. 1 herein), under Section269UD(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the saidAct').2. By the said impugned order it has been held by the respondents that there has been understatement of apparent consideration in the property in question being premises No. 14/1, Sudder Street, Calcutta, and it was a fit case to exercise pre-emptive purchase as laid down in Chapter XX-C of the said Act.3. The short fact of the case is that respondent No, 5 being the present owner by and under an agreement in writing dated May 21, 1995, agreed to sell and the writ petitioner herein agreed to purchase the said property at consideration of Rs. 75.05 lakhs subject to existing tenancy and other terms and conditions as contained in the agreement. The said property is encumbered with the monthly tenancy ...
Lytton Hotel (P) Ltd. Vs. Appropriate Authority and ors.
Court: Kolkata
Decided on: Nov-15-2000
Reported in: (2001)166CTR(Cal)437
Sengupta, J.The petitioner in this writ application has challenged an order dated 29-7-1993, passed by the Appropriate Authority of Income Tax Department, Calcutta (respondent No. 1 herein), under section 269UD(1) of the Income Tax Act, 1961 (hereinafter referred to as the said Act).By the said impugned order it has been held by the respondents that there has been understatement of apparent consideration in the property in question being premises No. 14. 1, Sudder Street, Calcutta, and it was fit case to exercise pre-emptive purchase as laid down in chapter XX-C of the said Act.2. The short fact of the case is that the respondent no. 5 being the present owner by and under an agreement in writing dated 21-5-1993, agreed to sell and the writ petitioner herein agreed to purchase the said property at consideration of Rs. 75,05 lakhs subject to existing tenancy and other terms and conditions as contained in the agreement. The said property is encumbered with the monthly tenancy created by t...
Managing Committee, Darawa Gandhi Smriti Junior High School and ors. V ...
Court: Kolkata
Decided on: Nov-14-2000
Reported in: (2001)1CALLT492(HC)
G.C. De. J.1. In this writ petition, the petitioners have challenged the legality of the order dated 29.4.98 passed by the Executive Committee of the West Bengal Board of Secondary Education in compliance with an order dated 20.8.97 of this Court in W.P. 13457(W)/97. The order of the Executive Committee was communicated by the Secretary of the Board on the basis of a Registered letter dated 22.7.98. In fact this is the Third Writ Petition.2. The case has a chequered history. The petitioner No. 1 is the Managing Committee of Darwa Gandhi Smriti Junior High School (hereinafter referred to as 'the school' for brevity) situated in Ward No. 13 of Cental Municipality, Midnapore. The School was established on 10.1.72 with class Vand VI and -subsequently from 2.1.75 class VII and VIII were a also started. The school has its own building on 39.5 decimals ofland, supporting materials as well teaching and non-teaching staff, sufficient students and a moderate fund. It applied to the Secretary, We...
Sm. Sangita Moitra Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Nov-13-2000
Reported in: (2001)2CALLT173(HC)
M.H.S. Ansari. J.1. The case of the petitioner in brief is that she was appointed as primary teacher in Ahiritola Banga Bidyalaya for Girls (Primary section) on 1.1.93 and has been functioning as such continuously since that date.2. It is stated that there are two approved primary teachers in the said school including the teacher-in-charge who will be retiring on superannuation on 31st July. 2000. Thereafter, there will be only one approved teacher in the said school for total number of 115 students in IV Class unit which will be inadequate according to the present roll strength of the said school. Theteacher-In-charge, it is further stated, has recommended, the regularization of the petitioner in the said school and as no action has been taken thereon, the instant writ application has been filed inter alia, for issue of a writ commanding the respondents to accord approval of the service of the petitioner as primary teacher and to pay her salary month by month as also the arrears since...
Commissioner of Income-tax Vs. E.L. Properties (P.) Ltd.
Court: Kolkata
Decided on: Nov-13-2000
Reported in: (2001)166CTR(Cal)485,[2001]248ITR14(Cal)
1. This is an application for confirmation of rule. The Income-tax Appellate Tribunal allowed in this case a deduction of Rs. 65,653, which was interest payable by the assessce in respect of unpaid municipal rates due to the Calcutta Municipal Corporation.2. The Income-tax Appellate Tribunal reversed the decision of the Assessing Officer and the Commissioner of Income-tax (Appeals).3. It is settled beyond dispute that interest on late payment of municipal rates is not in the nature of a payment of penalty, and is thus clearly deductible as general business expenses under seclion 37.4. The requirement of section 43B that even for assessees following the mercantile system, payments by way of tax, duty, cess, etc., cannot be claimed as deductions unless actual payment has been made in the previous year, is also not applicable in this case, because the words of the section encompass the municipal rates, but not interest thereon.5. There are binding authorities for this proposition, so far ...
Utpal Das Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Nov-11-2000
Reported in: (2001)1CALLT49(HC)
A.K. Banerjee, J.1. The writ petitioner by way of this writ petition has challenged the order passed by the District Inspector of Schools, Midnapore appearing at page 64 of the writ petition. The writ petitioner was a sponsored candidate by the Employment Exchange for the post of science teacher in the concerned school. According to him he was possessing the qualification of B.Sc. (Pure Science) and B.Ed. degree. His B.Ed. qualification was not considered by the interview board when the eligibility was 'B.Sc. (Pure Science) preferably B.Ed.' He made representation to the District Inspector of Schools. Being denied of any assistance from the District Inspector of Schools, writ petitioner moved an earlier writ petition which resulted in an order directing the District Inspector of Schools to consider his representation upon hearing the concerned parties. The impugned order is the result of such enquiry having been done by the District Inspector of Schools pursuant to the order of this Co...
Deputy Commissioner of Vs. Machino Techno Sales Ltd.
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Nov-10-2000
Reported in: (2001)76ITD113(Kol.)
1. This is an appeal, filed by the department, against the order of CIT(A), dated 4-5-1994 for the assessment year 1990-91.2. The appeal is time barred by 24 days. On the basis of the application dated 26-9-1994 as well as on the basis of argument submitted by the Id. D.R., we condone the delay on merits and the appeal is admitted.3. The brief facts of the case are that the assessec-company is dealing in Maruti vehicles which arc coming to the assessee's godown/ showroom in the long trucks and trailers. After delivering the cars/ vehicles, these trucks and trailers must go back empty but the assessce is sending the goods though these trucks and trailers on their return journey. The assessee claimed the dcprcciafion of 50% on these trucks and trailers. The assessee received hire charges for plying the trucks and trailers on hire for which all necessary documents (bills and vouchers, octroi etc.) were submitted before the Assessing Officer but the Assessing Officer has not allowed the s...
Zee Telefilms Limited Vs. M/S. Sahara India Commercial Corporation Ltd ...
Court: Kolkata
Decided on: Nov-09-2000
Reported in: (2001)1CALLT262(HC)
ORDERS. Barman Ray, J.1. By this application under section 482 of the Code of Criminal Procedure, petitioner has prayed for quashing the cognizance taken and the process issued upon it by the learned Metropolitan Magistrate 15th Court under section 500/34 IPC in complaint case No. 3859/1998.2. The case in brief is that the petitioner Zee telefilms Limited is a company Incorporated under the provisions of the Companies Act, 1956. The Company is engaged in the business of production and procurement of films, tele-serials programmes in news and current affairs etc. and telecast the same in various channels of Zee net-work, namely. Zee TV, Zee news and Zee cinema, all owned and managed by the Asia Today Limited, a company incorporated in Mauritius. Petitioner Company entered into a contractual agreement with the said Asia Today Limited to supply it with various programmes to telecast the same on the said channels.3. Further case of the petitioner is that management of the petitioner Compan...
Nayan Gobinda Goppi Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Nov-09-2000
Reported in: (2001)2CALLT442(HC)
A. Chatterjee, J. 1. Heard Mr. L.K. Gupta, learned counsel for the petitioner and Mrs. Gita Mukherje, learned counsel for the respondents. 2. Writ petition was filed seeking relief of issuance of appointment letter to the petitioner in the fifth vacancy of Lower Division Clerks in 'Ka' Group as per advertisement dated 26.09.1997 published in Newspaper. With regard to the advertisement at annexure 'C' to the writ petition, it is stated that in spite of Group 'C' Lower Division Clerks though total posts are nine (9) in number-in General Category five(5) posts shown leaving two posts for schedule caste, one post for schedule tribe and one post for other backward classes. It is stated by the learned counsel for the petitioner that in spite of such publication actually four (4) posts have been filled up by members of general categories from the select list and the petitioner holding the fifth position, was deprived thereby. It is further stated applying the reservation policy as has been la...
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