Kolkata Court June 2000 Judgments
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Adarsh Mahila Siksha Pratisthan and ors. Vs. the Calcutta Municipal Co ...
Court: Kolkata
Decided on: Jun-30-2000
Reported in: (2001)2CALLT47(HC)
Basudeva Panigrahi, J.1. This is an application under Article 226 of the Constitution of India challenging the assessment made by the Calcutta Municipal Corporation in respect of the Premises No. 10C, Sir William Jones Sarani, Calcutta for the period commencing from 4th quarter 1984-85 and 199-91. The petitioners further prayed for issuing a writ of mandamus against the respondents commending them not to enforce collection of the alleged arrears at consolidated rates and other reliefs mentioned in the prayer. 2. The petitioner No. 1 is a registered charitable organisation having its head office at No. 7C, Middleton Street, Calcutta. The other petitioners namely, the petitioners 2 to 7 are the committee members of the petitioner No. 1. The petitioner trust is the owner of premises No. 10C, Sir William Jones Sarani. The income from the said trust is applied for the purpose of imparting education amongst the women folk of the society and make them capable of self independent to earn their...
United India Insurance Co. Ltd. Vs. Smt. Gita Rani Mondal and ors.
Court: Kolkata
Decided on: Jun-29-2000
Reported in: I(2001)ACC438,2001ACJ1692,(2001)1CALLT85(HC),2000(2)CHN389
R. K. Majumder, J.1. This is an application made by the claimant, who is the respondent No. 1 in the Insurer's appeal, for summary dismissal of the said appeal.2. It is submitted that the fact of the accident and of the use of the vehicle there is no dispute. It is further submitted that the insurer has not raised any dispute in regard to the validity of the policy itself. As it appears from the Memorandum of Appeal, the insurer's only substantial grievane is against the quantum of damages assessed. Before the Claims Tribunal, the owner never put in an appearnace. The contest was made by the insurer and the insurer only. The insurer was a party to the claim from the beginning. Notice was also duly served. The insurer no doubt disputed the quantum, before the Claims Tribunals but even then, according to the claimant, the appeal is not arguable by the insurer.3. The facts of this case and the litigation so far are that sometime in or around July 1989, which is the month when the Motor Ve...
Chairman, Midnapore Municipality Vs. Prabir Kumar Nag and ors.
Court: Kolkata
Decided on: Jun-29-2000
Reported in: (2001)IILLJ1153Cal
S.B. Sinha, J.1. This appeal is directed against a judgment and order dated March 8, 2000 passed in Writ Petition No. 10214(W) of 1998 whereby and whereunder the writ application filed by the respondents herein was allowed.2. The writ petitioners were appointed by the Councillors in a meeting held on September 26, 1997 in terms of Resolution No. 36 which reads thus:'With the consent of all the Councillors present in the meeting the matter of engagement of field personnel @ 2 per Ward as per instruction of the C.V.B. is discussed. It is resolved that 42 field. personnel i.e. @2 per Ward be engaged for assessment work on daily rated basis.'3. Pursuant to the said resolution they had been issued with an offer of appointment, a sample copy whereof is Memo No. 2772/CA/42 dated September 9, 1997 which reads thus:'You have been selected to work as field Assistant/Helper in connection with the field survey work to be undertaken by the C.V.B., West Bengal from September 21, 1997 for valuation o...
Shree Krishna Engineering Industries and anr. Vs. Cce, Commissioner an ...
Court: Kolkata
Decided on: Jun-28-2000
Reported in: 2000(72)ECC270,2000(122)ELT682(Cal)
Amitava Lala, J.1. The Court: By making this Writ Petition, the Petitioners, virtually, asked for dispensation of requirements of pre-deposit along with prayers for not giving effect or further effect and/or taking any steps or further steps in connection with the Order dated 5th April, 2000 by the Respondent No. 2 and order dated 1st Feb., 1999 passed by Respondent No. 1 and further and other order or orders in connection thereto.2. Since the subject matter in issue is merged with the order of the CEGAT [Customs, Excise and Gold (Control) Appellate Tribunal] Eastern Branch, Calcutta there is no question that it can be opened for the Court's interference without going to the ultimate findings particularly when the subject matter of challenge is the order of Tribunal dated 5th April, 2000.3. The relevant part of such order of Tribunal for consideration of this Court is as follows:After hearing both the sides we find that the issue of classification of the steel products manufactured by ...
The Rampuria Estates Pvt. Ltd. Vs. M/S. Bijay Tractor Spares Pvt. Ltd.
Court: Kolkata
Decided on: Jun-26-2000
Reported in: (2000)3CALLT119(HC),2000(2)CHN530
P.K. Samanta, J.1. The plaintiff/petitioner filed Ejectment Suit No. 309 of 1997 in the City Civil Court at Calcutta under the provisions of the West Bengal Premises Tenancy Act, 1956 (hereinafter called as the said Act) for eviction of the defendant/opposite party. The defendant/opposite party upon appearance in the said suit filed an application under section 17(2) and 17(2A)(b) of the said act read with section 151 of the Code of Civil Procedure raising a dispute as to the relationship of landlord and tenant between the parties. It is the basic requirement under the aforesaid provisions of the said Act that the tenant should deposit in Court within the time prescribed therein the amount admitted by him to be due together with the application for determination of the rent payable and the Court has been empowered to determine the rate of rent and the period of default and at the same time considering the facts and circumstances of the case to extend the time to make such deposit and/o...
The Oriental Insurance Company Limited Vs. Sri Banamali Ghosh and anr.
Court: Kolkata
Decided on: Jun-26-2000
Reported in: I(2001)ACC411,2001ACJ1169,AIR2000Cal276,(2000)3CALLT271(HC),2000(2)CHN416
P.K. Samanta, J. 1. This is an application under Article 227 of the Constitution of India against the judgments and orders dated 19th November, 1997 and 12th December, 1997 passed by the West Bengal State Consumer Disputes Redressal Commission in SC Case No. 386/A/1997.2. A claim case under section 110A of the Motor Vehicles Act, 1939 was filed by the hiers and legal representatives of one Gostho Hazra who wasrun over and killed in an accident caused by Bus No. WBU-1175 on 9.11.1985. The opposite party No. 1 is the owner of the said Bus. Both the opposite party No. 1 and the petitioner/insurer contested the aforesaid claim case before the Motor Accident Claims Tribunal by filing written statements. The opposite parties, before the Motor Accident Claims Tribunal, as above, did not adduce any evidence and also did not file any document 3. The facts relevant for the present purpose are that the Insurance Company, the opposite party No. 2, before the Claims Tribunal, pleaded that the bus w...
State of West Bengal and ors. Vs. Nripendra Nath Biswas and ors.
Court: Kolkata
Decided on: Jun-23-2000
Reported in: (2001)1CALLT17(HC),2000(2)CHN257,(2001)ILLJ260Cal
A.K. Mathur, C.J.1. This is an appeal directed against the order dated 27th July, 1968 passed by the learned single Judge whereby he has allowed the writ petition and quashed the order of the petitioner's dismissal and directed his reinstatement with full back wages. Aggrieved against this order the State of West Bengal has preferred the the present appeal.2. The brief facts which are necessary for disposal of this appeal are that the petitioner joined the service of the Co-operative Directorate in the year 1963. In the year 1970 the petitioner was deputed as Executive Officer of the Hill Marketing Co-operative Agricultural Society Limited. The petitioner was placed under suspension on 11th May, 1980 and thereafter a charge sheet was served on the petitioner. The Commission of Departmental Inquiry (in the rank of a District Judge) was appointed as Inquiry Officer to inquire into the charges against the petitioner. The Joint Registrar of Co-operative Societies, Administration was appoin...
Parle Products Limited Vs. Subir Mukherjee
Court: Kolkata
Decided on: Jun-23-2000
Reported in: (2001)ILLJ964Cal
S.B. Sinha, J.1. This appeal under Section 30 of the Workmen's Compensation Act raises a question as to whether an employee who had suffered injury while travelling in a train at the hands of some hooligans is entitled to compensation from the employer under the Act.2. The claimant-respondent was working as a Territory Supervisor and was looking after the sales of the products of the appellant-company. He was directed to attend a conference at Puri on June 27, 1998. The said conference was organised by the appellant. The claimant-respondent along with his other colleagues left Calcutta by Jagannath Express for Puri in the night of June 26, 1998 to attend the conference but during the journey he was assaulted and thrown out of the Railway compartment as a result whereof he sustained multiple injuries including head injury. The petitioner as a result of such injuries became permanently physically disabled. He was only 23 years old at the relevant time and his monthly salary was Rs. 2337/...
Commissioner of Income-tax Vs. Orient Beverages Ltd.
Court: Kolkata
Decided on: Jun-22-2000
Reported in: [2001]247ITR230(Cal),(2003)ILLJ319Cal
1. On the application of the Commissioner of Income-tax, West Bengal-III, Calcutta, the following question has been referred by the Tribunal for a decision by this court :'Whether, on the facts and in the circumstances of the case and on a proper interpretation of the provisions of Section 43B, the Tribunal was right in law in holding that the assessee was entitled to the deduction of the interest payable on the outstanding municipal taxes ?'2. However, before the Tribunal the following questions were referred :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee was entitled to the deduction of the interest payable on the outstanding municipal taxes thereby cancelling the order of the Commissioner of Income-tax passed under Section 263 of the Income-tax Act, 1961 ?(2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee was entitled to the deduction of the...
Commissioner of Income Tax Vs. Orient Beverages Ltd.
Court: Kolkata
Decided on: Jun-22-2000
Reported in: (2001)164CTR(Cal)529
By the CourtOn the application of the Commissioner, West Bengal-III, Calcutta, the following question has been referred by the Tribunal for decision by this court :'Whether on the facts and in the circumstances of the case and on a proper interpretation of the provisions of section 43B, the Tribunal was right in law in holding that the assessee was entitled to the deduction of the interest payable on the outstanding municipal taxes ?'However, before the Tribunal the following questions were referred :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee was entitled to the deduction of the interest payable on the outstanding municipal taxes thereby cancelling the order of the Commissioner passed under section 263 of the Income Tax Act ?(2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee was justified in holding that the assessee was justified to the ded...
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