Kolkata Court July 2000 Judgments

Castle Wood (India) Vs. Life Insurance Corporation of India

Court: Kolkata

Reported in: AIR2001Cal15

ORDERBhaskar Bhattacharya, J. 1. This revisional application is at the instance of an occupier governed under the provision of Public Premises (Eviction of Unauthorised Occupation) Act, 1971 ('Act') and is directed against order dated August 17, 1988 passed by the Estate Officer in Misc. Case No. EO/24/1197/Misc. 4. C.R. Avenue, Calcutta-700073, thereby holding that an application at the instance of an occupier for assessment of any arrear of rent and for giving direction for payment of such rent under Section 7 of the Act was not maintainable. 2. There is no dispute that the petitioner was induced in the disputed property by the opposite party, Life Insurance Corporation of India, and the occupation of the present petitioner is governed by the provision of the Act. 3. The case of the petitioner is that theopposite party duly accepted rent till March 1997 at the rate of Rs. 650/- a month but when the petitioner in the month of May, 1997 sent the rent for April, 1997 at the rate of Rs. ...

Hari Har Chowdhury Vs. Union of India (Uoi)

Court: Kolkata

Reported in: 2001(74)ECC81,2000(122)ELT23(Cal)

Amitava Lala, J.1. This is an application in the form of writ petition for the purpose of waiver of demurrage charges towards the processings period. Under an order of the Airports Authority of India, International Airports Division, being letter No. AAC/CARGO-40 (03J/547 dated 7.9.1998, the Authority concerned waived demurrage charges amounting to Rs. 1,85,000 for the period from 8.5.1998 to 7.9.1998, which is condoned towards processing period.2. According to the petitioner, as per powers relating to remission/waiver of the demurrage charges (Cargo), the processing period of waiver application shall be regulated as under:(a). In cases where demurrage is waived in full and/or part total processing period shall be considered as free period.(b). In case where application is rejected, the processing period beyond ten working days after receipt of complete details/documents/explanations should be treated as free period.(c). Maximum three working days free period shall be allowed from the ...

S.B.i. Home Finance Ltd. Vs. Commissioner of Income-tax

Court: Kolkata

Reported in: [2001]249ITR438(Cal)

Tarun Chatterjee, J. 1. This is to consider an application for stay of all further penalty proceedings initiated pursuant to a notice dated March 20, 2000, under Section 271(1)(c) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') in respect of the assessment year 1995-96 till the disposal of the instant appeal. The appellant-assessee carries on, inter alia, the business of housing finance leasing. In the usual course of its business, in December, 1995, it purchased a bio-gas plant (in short 'plant') from Western Paques (India) Limited (in short 'W.P.I.L') and also had the plant duly insured. The appellant duly paid the purchase price of Rs. 14.5 crores of the plant to W.P.I.L. By a deed of lease dated December 30, 1994, the appellant leased out the plant to W.P.I.L. for a period of 96 months from the date of commencement of the lease. In the return for the assessment year 1995-96, the appellant claimed depreciation for the plant. Although the rental income of the plant...

S.B.i. Home Finance Ltd. Vs. Commissioner of Income Tax

Court: Kolkata

Reported in: (2000)163CTR(Cal)382

Tarun Chatterjee, J.This is to consider an application for stay of all further penalty proceedings initiated pursuant to a notice dated 20-3-2000, under section 271(1)(c) of the Income Tax Act (hereinafter referred to as 'the Act') in respect of the assessment year 1995-96 till the disposal of the instant appeal. The appellant-assessee carries on inter alia, business of housing finance leasing. In the usual course of its business, in December, 1995, it purchased a Bio Gas Plant (hereinafter referred to as 'Plant') from Western Paques (India) Ltd. (hererinafter referred to as 'W.P.I.L.') and also had the plant duly insured. The appellant duly paid the purchase price of Rs. 14.5 crores of the plant to W.P.I.L. By a deed of lease dated 30-12-1994, the appellant leased out the plant to W.P.I.L. for a period of 96 months from the date of commencement of the lease. In the return for the assessment year 1995-96, the appellant claimed depreciation for the plant. Although the rental income of t...

Mussamat Ashia Khatun Vs. Karuna Singh and ors.

Court: Kolkata

Reported in: (2000)3CALLT124(HC)

B. Bhattacharya, J.1. The revisions) application under section 115 of the Code of Civil Procedure is at the Instance of a plaintiff/respondent and is directed against Order No. 66 dated May 17, 1999 passed by the learned Additional District Judge, 14th Court, Allpore In Title Appeal No. 65 of 1994 thereby allowing an application under Order 22 Rules 3 and 11 read with section 151 of the Code of Civil Procedure filed by the respondent No. 9.2. The present petitioner brought against one Mrs. Kuldeep Harbans Singh In the 2nd Court of Subordinate Judge. Allpore, a suit being Title Suit No. 262 of 1981 for eviction on the ground of expiry of lease for 21 years. In the said suit, her husband who was a guarantor on her behalf was also made party.3. During the pendency of the suit, the husband of the lessee having died, opposite party Nos. 1 to 4 were substituted as his heirs and legal representatives In addition to the original lessee who was already on record.4. Ultimately, the learned Assis...

SalauddIn Miah Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: (2000)3CALLT518(HC),2000(2)CHN788

The Court1. The writ petitioner is the Secretary of Abeshkuri High Madrasah situated at Gangarampur in the district of Dakshin Dlnajpur. It appears that on the death of the Assistant Teacher in the Advanced Arabic group on 3rd February. 1994, the said post became vacant and the authorities of the Madrasah applied to the District Inspector of Schools (S.E.). Dakshin Dinajpur, for prior permission to fill up the said post. Such permission was granted by the District Inspector of Schools (S.E.), Dakshin Dlnajpur, by his Memo dated 28th April, 1997, with a direction upon the school authorities to fill up the post through the Employment Exchange from a Scheduled Caste candidate, as the vacancy was required to be filed up by a Scheduled Caste candidate as per the 100 point roster. The requisite qualification that a candidate was required to have, as indicated in the prior permission given by the District Inspector of Schools, was Mumtazul Majahethin, M.M. for short, which deals with Islamic ...

Ranajit Naskar Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: [2001(88)FLR631],(2000)IILLJ1534Cal

1. This appeal is directed against a judgment and order dated August 18, 1999 passed by a learned single Judge of this Court in W.P. No. 1490 of 1999 whereby the writ petition filed by the first respondent herein was disposed of by directing:'The workman is out of employment since 1988 and he has not been paid any amount till date, although there is such a direction passed against the petitioner in the year 1991. The question has arisen in this case that if once the payment is made and the workman loses his case before the Tribunal then what is the guarantee available to the employer to get back the amount advanced to him. At the same time the Court should not close its eyes to the reality of the situation that a poor workman is out of employment for several years and no payment has been made by the employer. While striking a balance I think it would be appropriate to direct the petitioner to pay Rs. 15,000/- towards the subsistence allowance as interim relief on the basis of an affida...

Smt. Panchubala Dassi Vs. Monmotho Nath Mondal and ors.

Court: Kolkata

Reported in: (2000)3CALLT508(HC)

G. C. De, J.1. This second appeal is directed against the judgment and decree dated 10.6.77 passed by the learned District Judge, Burdwan in T. A. No. 123/63. By the said judgment the learned District Judge set aside the judgment of the trial Court in Title Suit No. 135 of 1962, renumbered on transfer as Title Suit No. 395 of 1960.2. The plaintiff, who is the present appellant, Instituted a Title suit praying for a declaration of her title and recovery of possession with other reliefs in respect of three plots of land having a total area of 2.63 Acres in Khatlan No. 119 in Mouza Chhoto Belun, J. L. No. 107 of Police Station and District Burdwan.3. The plaintiffs case is that her. father Sarat Majhi was the original owner in respect of the suit properties and his possession was duly recorded in the C. S. Record of Rights; that after the death of Sarat Majhi the plaintiff is the only legal heiress acquired the suit property; that in 1941 she sold the suit property to one Chlntamonl Hazra...

Jay Kishore and ors. Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Kolkata

1. By this application 23 applicants who were appointed on different capacities in the office of the District Rehabilitation Centre (DRC in short), Midnapore as per letter dated 9.6,84, Annexure 'A/2' to the application, claim direction upon the respondents to treat them to be Central Government employees for all purposes of service security, service benefit, pay and allowances etc. It is stated by the applicants that they are employees of the District Rehabilitation Centre hereinafter referred to as DRC scheme, Kharagpur now transferred at Midnapore. In 1983 a Pilot Project indicating the detailed objectives and project cost was established in block areas of Kharagpur and accordingly a scheme was framed by the Government of India for regulating the said function and activities and indicating the detailed objectives and project cost with a stipulation that the project would be funded entirely by the Government of India, Ministry of Social Welfare and it is also stipulated in the said ...

Doyamoyee Manna Vs. Sadhan Ch. Das and ors.

Court: Kolkata

Reported in: (2000)3CALLT339(HC)

B. Bhattacharya, J. 1. This second appeal is at the instance of substituted defendant No. 3 in a suit for eviction and is directed against judgment and decree dated March 13. 1992 passed by the learned Additional District Judge, 4th Court. Midnapore in Other Appeal No. 32 of 1991 thereby setting aside these dated January 28, 1992 passed by the learned Munsif, 1st Court Midnapore in Other Suit No. 3 of 1983.2. The respondent No. 1 brought against one Saraswati Dasi, since deceased, the predecessor-in-interest of the present appellant in the 1st Court of learned Munsif, Midnapore a suit for eviction being other Suit No. 3 of 1983 on different grounds mentioned in section 13(1) of the West Bengal Premises Tenancy Act ('Act') including the ground of creating illegal sub-tenancy in favour of the present appellant and one Harekrlshna Prodhan. During the pendency of the suit, the original tenant having died, the present petitioner and the respondent Nos. 2 and 3 were substituted in her place....