Kolkata Court August 2000 Judgments
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Sadhan Chandra Bar Vs. Nepal Kulsi and anr.
Court: Kolkata
Decided on: Aug-18-2000
Reported in: (2001)1CALLT78(HC)
R. K. Mazumder, J.1. The instant Criminal Revisional application under section 482 of the Code of Criminal Procedure is at the instance of the accused-petitioner Shri Sadhan Chandra Bar and this has been filed with a prayer for quashing the G.R. Case No. 208 of 1999 arising out of Chandrakona P.S. Case No. 48 of 1999 dated 26.6.99 under sections 448/457/380/411 IPC, now pending before the learned SDJM, Ghatal, Midnapore.2. The case of the accused-petitioner was in brief that O.P. No. 1 Nepal Kulsi filed a petition of complain the before the learned SDJM, Ghatal on 9.6.94 alleging inter alia that on the previous night some criminals entered his house by breaking open the window of the house and after committing theft of various articles including golden ornaments they fled away. It was only on the following morning that O.P. No. 1 came to know of the same and lodged the complaint. According to O.P. No.1. accused No.1 Bablu Patra and accused No. 2 Bimal Singh committed the said theft fro...
Shri Manabesh Chandra Mukherjee and anr. Vs. Dipak Kumar Singha and or ...
Court: Kolkata
Decided on: Aug-18-2000
Reported in: (2001)1CALLT137(HC)
R.K. Mazumder, J.1. The instant Civil revisional application under section 115 of the Code of Civil Procedure is at the instance of the plaintiff-petitioners 1 and 2 and is directed against the Order No. 108 dated 7.9.93 passed by the learned Munsif, Second Court, Katwa in Title Suit No. 59 of 1980.2. The case of the plaintiff-petitioners was in brief that they filed a suit being T.S. No. 59 of 1980 before the learned Munsif, Second Court. Katwa praying inter alia, for declaration that they were the absolute owners in respect of the suit property mentioned in Schedule 'Ga' to the plaint and for permanent injunction restraining the defendant-O.Ps from interfering with the peaceful possession and enjoyment of the said property. In the said suit the plaintiff-petitioners also averred that the 'Ka' Schedule property, which was a drain (Nallah), was also part and parcel of the 'Ga' Schedule property. It was also alleged by them in the said suit that the defendant-O.Ps raised a brick built w...
Smt. Sasthi Sood Vs. Assistant Registrar of Companies, West Bengal and ...
Court: Kolkata
Decided on: Aug-18-2000
Reported in: (2001)1CALLT184(HC)
R.K. Mazumder, J.1. The instant Criminal revisional application under section 482 of the Code of Criminal Procedure is at the instance of the accused-petitioner Smt. Shashi Sood and this has been filed with a prayer for quashing the instant Criminal Proceeding arising out of the Case No. C-151 of 1988 under section 220(3) of the Companies Act. 1956, now pending before the learned Chief Judicial Magistrate, Alipore, South 24-Parganas.2. The case of the accused-petitioner was in brief that O.P. No. 1 being the Assistant Registrar of Companies, West Bengal filed a petition of complaint on 18.1.88 against the petitioner and three others in the Court of learned Chief Judicial Magistrate, Alipore, South 24-Parganas alleging Inter alia that the petitioner and others contravent the provisions of section 220(1) of the Companies Act, 1956 by way of not filing three copies of Balance-Sheet and Profit & Loss Account in the prescribed form duly filled in with the complainant as contemplated in the ...
Shaikh Habibullah Vs. Md. Sultan Khan and ors.
Court: Kolkata
Decided on: Aug-18-2000
Reported in: AIR2001Cal22
ORDERK.J. Sengupta, J.1. Both these two applications are taken up for hearing for convenience sake. One is taken out by Mr. Rudradeo Chowdhury's client being sole widow of one of the judgment-debtors being the defendant No. 1 since deceased challenging the executability of the decree, and also setting aside and/or recalling of the reference case, and another application is taken put by Mr. Som's client for extension of time to put in deficit Court-fees in terms of the decree passed in the above suit and for redrawing up of the decree dated 16th June, 1937.2. Mr. Rudradeb Chowdhury, learned Advocate submits that the decree passed is a nullity because the Court had no jurisdiction to proceed with the suit in view of provisions of Section 10 of the West Bengal Court-fees Act, 1970 consequently to pass decree when admittedly deficit Court-fees was not paid. Moreover, amended copy of the plaint and the writ of summons were not served upon the substituted defendant. As such the decree was pa...
Bagree Cereals (P.) Ltd. and ors. Vs. Hanuman Prasad Bagri and ors.
Court: Kolkata
Decided on: Aug-18-2000
Reported in: [2001]105CompCas465(Cal),(2001)2CompLJ397(Cal)
1. We have heard at length an appeal and a cross appeal from the judgment of the court below which was delivered on March 22, 1993, some two years after conclusion of arguments there.2. The matter was first opened and heard before another learned judge, who unfortunately retired, and then before the learned judge the case was heard out again ; the matter was also sometimes mentioned, which went on from time to time and ultimately the judgment was delivered.3. The application which was disposed of was an application made both under Section 397 and Section 398 of the Companies Act, 1956. At that time the High Court had jurisdiction to decide these matters and the substitution of the Company Law Board in the place of the High Court had not then come. Such substitution occurred in 1991.4. The arguments made on behalf of the appellants, being M. L. Bagri and his group, ranged for about a day and half in the beginning after which we called upon Mr. Nag to argue the case of the petitioner in ...
income Tax Officer Vs. Chloride India Ltd.
Court: Kolkata
Decided on: Aug-18-2000
Reported in: [2001]75ITD69(Cal),[2001]75ITD69(Cal)
ORDERPer BenchThe President, Income Tax Appellate Tribunal, referred following common question for consideration of the Special Bench :'Whether, on the facts and circumstances of the case, the agreement entered into between the assessee and M/s. Chloride Group Ltd. U.K. on 10-12-1981 can be treated as an extension of the previous agreement'.2. The aforesaid question assumes importance to determine the liability of the assessee to deduct tax at source under section 195 read with the Double Taxation Avoidance Agreement (hereinafter referred to as `the DTAA') between United Kingdom and India which came into effect on 23-11-1981. There is no dispute in the case that in view of the decision of the Tribunal in the case of Graphite Vicarb India Ltd., (1993) 199 ITR (AT), the provision of the DTAA would also govern the liability for TDS under section 195 of the Act.3. As per sub-section (1) of section 195 of the Act, any person responsible for paying to a foreign company any sum chargeable und...
Abdul Jalil Vs. the State
Court: Kolkata
Decided on: Aug-17-2000
Reported in: (2001)1CALLT177(HC)
P.K. Sen, J.1. This appeal is at the instance of the convict (hereinafter referred as the appellant) and is directed against judgment and order of conviction dated 12.4.2000 passed by the learned Sessions Judge, Andman & Nicobar Islands at Port Blair.2. The facts leading to the prosecution of the appellant are that, the husband of the information (Janki Amma) i.e. the informant/prosecutrix, used to work in the Andaman Labour Board and about 9-30 P.M. on 18.7.96, the said husband of the informant went out of his residence to join his night duty. Soon thereafter the informant along with her four children went to sleep. Subsequently, at about 11-30 p.m. someone knocked front door of her house and on hearing the same PW-1, Janki Amma switched on the electric tight and asked as to who was at the door whereupon one Surya who happens to be her neighbour, told that some person has come to their house and requested to give him shelter as police was chasing that person. On such requet made by Su...
Northern Coalfields Limited Vs. Ajanta Deb and ors.
Court: Kolkata
Decided on: Aug-17-2000
Reported in: (2001)IIILLJ821Cal
Bhaskar Bhattacharya, J.1. In this writ application the employer, Northern Coalfields Limited, has challenged an award dated December 14, 1999 passed by the Presiding Officer, Central Government Industrial Tribunal, Calcutta in reference No. 21/96 published vide Notification bearing No. L-22012/308/9-5/IR(C)-II.2. The following disputes were referred to the Tribunal for adjudication:-'Whether the action of the Management of Northern Coalfields Limited of Calcutta Office in terminating the service of Smt. Ajanta Deb, Hindi Typist with effect from May 4, 1994 is legal and justified? If not, what relief the workman is entitled to?'3. By the award impugned herein, the Tribunal below has answered the aforesaid questions in favour of the workman and had directed the petitioner to reinstate the concerned workman in service with effect from the date of termination along with back wages at the rate of Rs. 50/- a day.4. The case of the workman was that she was duly appointed to the post with eff...
Debabrata Mukherjee and ors. Vs. Dunbar Mills Ltd. and ors.
Court: Kolkata
Decided on: Aug-16-2000
Reported in: (2001)1CALLT370(HC)
A. Lala, J.1. This appeal is arising out of two orders passed by a single Bench of this Court dated 10th January and 17th January, 2000 in CA No. 257 of 1999 connected with BIFR Case No. 77 of 1987.2. Some of the members of a workers' Union of Durban Mills (In liquidation) (herein after referred to as 'the Company') made an application for framing a scheme for rehabilitation of the Company before the trial Court. The learned trial Judge considered the matter at length and rejected the application filed by some of the workers of the Company on 10th January, 2000 by holding that the petitioners were quite unable to establish a case to put any force on the proposed scheme for rehabilitation of the Company. It was held by the trial Court that no such rehabilitation scheme could be allowed where there was no surety of funds and no source of funds has been indicated clearly. In the order impugned in this appeal, it was also found by the learned trial Judge that in fact, the alleged financier...
Machino Techno Sales Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Aug-16-2000
Reported in: (2001)167CTR(Cal)125,[2001]247ITR451(Cal)
Y.R. Meena, J.1. On an application under Section 256(1) of the Income-tax Act, 1961, the Tribunal has referred the following question for our opinion :'Whether, on the facts and circumstances of the case and on an interpretation of sections 139, 147 and 153 of the Income-tax Act, 1961, the Tribunal was correct in holding that the assessment was not barred by limitation ?'2. For the assessment year 1987-88, the last date for filing the return under Section 139(1) of the Income-tax Act, 1961, was July 31, 1987. The assessee filed an application for extension of time on August 3, 1987. The time was allowed uptil October 31, 1987. The return could not be filed. He again filed the application for extension of time for filing the return and again the time was extended uptil February 28,1988. Even then the return was not filed by the assessee. The Assessing Officer has issued the notice under Section 148 on October, 1988. On March 30, 1989, the assessee filed the return declaring an income of...
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