Kolkata Court August 2000 Judgments
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Gopendra Krishna Chakrabarty and ors. Vs. Calcutta Municipal Corporati ...
Court: Kolkata
Decided on: Aug-10-2000
Reported in: AIR2000Cal273
ORDERDilip Kumar Seth, J. 1. The petitioner was granted permission to carry on the works with regard to Sub-clauses (c), (d), (g), (i) and (j) of Clause (2), Sub-rule (2) of Rule 3 and repairing the wooden beams where necessary. On 24th January, 2000 a notice under Section 401 of the Calcutta Municipal Corporation Act, 1980 was issued to the petitioner to stop all construction including addition and alteration. This has since been challenged. 2. The learned counsel for the petitioner contends that in the meantime his client has completed the work as permitted without deviation from the sanctioned plan in terms of the clauses as contained in Annexure 'A' to the petition, being dated 12th January, 2000. Still the notice under Section 401 has been issued. 3. Mr. L.C. Behani, learned Advocate appearing with Mr. Mihir Kundu on the contrary contends that there was a report that the petitioner had carried on certain construction works which are beyond the scope of Sub-rule (2) of Rule 3 of th...
Tanushree Naskar Vs. Asit Naskar
Court: Kolkata
Decided on: Aug-09-2000
Reported in: I(2002)DMC642
Amit Talukdar, J.1. An order dated 4.5.2000 passed by the learned Chief Judicial Magistrate, Alipore in Misc. Case No. 527 of 1999 falls for consideration of this Court. Smt. Tanushree Naskar, the petitioner approached the learned Chief Judicial Magistrate, Alipore with a prayer for maintenance under Section 125 of the Code of Criminal Procedure (hereinafter referred to as the said Code) at the rate of Rs. 1,500/- per month from her husband/opposite party.2. During the pendency of the said proceeding the petitioner on 15.1.2000 filed a prayer for interim maintenance at the rate of Rs. 1,000/- from her husband.3. The learned Chief Judicial Magistrate by his impugned order refused such prayer at that stage and fixed 29.6.2000 for evidence of P.Ws. as-'The petition for interim maintenance is not supported by an affidavit which is mandatory.'The learned Chief Judicial Magistrate further held-'In the absence of affidavit the claim of the petitioner can be determined only after evidence. As ...
Shankar Ghosh Vs. Wealth Tax Officer
Court: Kolkata
Decided on: Aug-09-2000
Reported in: [2001]75ITD87(Cal)
ORDERShri Vimal Gandhi, J.M. These 9 appeals by the assessee for the assessment years 1974-75 to 1981-82 are directed against the consolidated order of the Deputy Commissioner of Wealth Tax (Appeals) dated 23-3-1990. The inclusion of value of certain jewellery in the wealth of the assessee in all the aforesaid years has been challenged on the ground that the jewellery in fact belonged to assessee's daughter and was her wealth.2. The jewellery which is subject matter of dispute was found in Locker No. 84 in the name of assessee's daughter Miss Amrita Ghosh with Allahabad Bank, Alipore Branch, Calcutta during the course of the search operation carried by the revenue in July, 1974. The assessee in order to cover jewellery's acquisition, made a disclosure under the Voluntary Disclosure of Income and Wealth Ordinance, 1975. Taking note of above disclosure, the Wealth Tax Officer added value of the jewellery in the wealth of the assessee.3. The assessee challenged the above additions in appe...
Sri Amar Kumar Bose Vs. the State of West Bengal
Court: Kolkata
Decided on: Aug-08-2000
Reported in: (2001)1CALLT141(HC)
ORDERD.P. Sengupta, J.1. This revisional application is directed against an order dated 15.5.2000 passed by the learned Chief Judicial Magistrate, Jalpaiguri, in C.R. Case No. 160/2000 under section 46A of the Bengal Excise Act thereby rejecting the application of the petitioner for return of the seized articles.2. The fact of the case in brief is that a truck bearing Registration No. NL-05A/7847 was stationed in front of Mal Police Station compound at about 1.05 p.m. on 16.4.2000. It is alleged that the driver of the truck on being challenged failed to produce any document to justify the possession of the articles loaded in the said truck. The entire consignment of 1218 cartoons of Beer was seized. The aforesaid seizure was reported to the learned Chief Judicial Magistrate, Jalpaiguri on 17.4.2000 and the driver of the said truck was arrested and forwarded to the learned Magistrate on the same date. An application for return of the seized articles was made by the consignor company, na...
United Bank of India Vs. B.T.W. Industries
Court: Kolkata
Decided on: Aug-08-2000
Reported in: (2001)1CALLT377(HC),[2002]108CompCas624(Cal)
S.B. Sinha, J.1. All these three appeals involving common questions of law were taken up for hearing together. The judgments and decrees dated 10th January, 1994 are impugned in these appeals.2. Three suits were filed by the Appellant being suit No. 306/93, 308/ 93 and 309/93 for grant of a decree for sum of Rs. 53,10,74,550.64p., Rs. 10,37,25,686.74p. and Rs. 21,36,72.072.82P. respectively. For the purpose of disposal of these appeals, we would consider the fact from the record of Appeal No. 306 of 1993. Having regard to the certain purported admissions made by the Loanee an application was filed for passing a decree on admission as contemplated under Order XII Rule 6 of the Code of Civil Procedure, the details whereof are :'Suit No. & Cause TitleAmount claimed in judgment upon Admission.Amount Claimed in the Suit.(1)(2)(3)306 of 1993 U.B.I.Vs. BTW Industries Ltd.10,61,33.000/-53,10,74,550.64308 of 1993 U.B.I.Vs.BTW Veneers Ltd.7,79,05,724/-10,37,25,686.74309 of 1993 U.B.I. Vs. S.S. I...
Dinabandhu Bandyopadhyay Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-08-2000
Reported in: (2002)IVLLJ269Cal
Dilip Kumar Seth, J. 1. The petitioner is alleged to have been engaged as Sahayak in the Panchayat sometime in 1981 and had been continuing as such. It is contended by the counsel for the respondents that the petitioner was engaged as a casual labour, while the petitioner's counsel contends that he had worked in different capacity for all these long years. Be that as it may, it is not in dispute that the petitioner had been working since 1981. In the meantime, the West Bengal Regulation of Recruitment in State Government Establishment Act, 1999 has come into effect. At the same time, the Recruitment Rules relating to appointment of Sahayak in the Gram Panchayat and certain conditions of services therefor were also promulgated by the State Government on December 4, 1998 which is Annexure-5 to the petition. While the counsel for the petitioner prays that the petitioner should be given an opportunity to appear in the selection under the said rules for being permanently absorbed or appoint...
Smt. Kaushalya Khatri and anr. Vs. Calcutta Municipal Corporation
Court: Kolkata
Decided on: Aug-07-2000
Reported in: AIR2000Cal265
ORDERDilip Kumar Seth, J.1. An assessment made sometimes in July, 1996 in respect of the concerned premises has since been challenged in this writ petition on the ground that the assessment is ex facie bad. Mr. Mihirlal Bhattacharya, learned Advocate appearing on behalf of the petitioner, points out that the assessment was sought to be made from the 1st -- quarter 1993-94 and 2nd quarter 1993-94 at Rs. 6,83,320/-. Relying on Annexure 'A', he points out that on 13th August, 1996, a notice was issued intimating the petitioner that the valuation of premises was Rs. 51,250/- with effect from 4th quarter 1990-91. Mr. Bhattacharya very fairly concedes that, that was in effect a revision of the valuation under Section 180 on account of an agreement which is Annexure 'D' to this writ petition. The agreement was effective from 1st May, 1994 till 30th April, 1997. Therefore, at best, there could be an intermediate revision under Section 180 of the Calcutta Municipal Corporation Act, 1980 from th...
National Insurance Company Ltd. Vs. New Darjeeling Union Tea Co. Ltd.
Court: Kolkata
Decided on: Aug-04-2000
Reported in: (2001)1CALLT218(HC)
ORDERS.B. Sinha, J. 1. This Appeal is directed against a judgment and decree dated 28th November, 1996 passed by a learned single Judge of this Court in Suit No.97 of 1988 whereby and whereunder the Suit filed by therespondent herein claiming a decree for a sum of Rs. 10,39,726.26 paise was decreed with interest. 2. The Plaintiff-Respondent in the plaint, inter alia, stated that as regard the stock of tea owned by it, an insurance policy bearing No. 1461/3108735 dated 21st December, 1985 was taken by the plaintiff. The subject matter of such insurance was 1,64,000 Kgs. of tea, the value whereof was assessed at Rs. 36,80,000/-.3. According to the Plaintiff, the cost of production of tea is Rs. 10.23 per Kg. although the market price thereof was Rs. 22.43 per Kg. Having regard to the loss sustained by it, it confined its claim only to the extent of Rs. 10,39,726.26 although the goods were insured or a sum of Rs. 3,61,900.00/-.4. The learned counsel appearing on behalf of the Defendant-Ap...
Indian Bank Vs. Manisha Shikha Tani Welfare Trust and ors.
Court: Kolkata
Decided on: Aug-04-2000
Reported in: (2001)1CALLT358(HC)
S.B. Sinha, J. 1. The only question which arises for consideration is as to whether the learned trial Judge was correct in granting a pendente lite and future Interest (c) 12% per annum.2. The appellant filed the aforementioned suit claiming inter alia, the following reliefs :-'(a) Decree for Rs. 1,28,620.57p. against the defendant jointly and severally; (b) Interest from March 1. 1988 till filing of the suit interim interest and interest on Judgment at 18 percent per annum; (c) Declaration that the suit properties mentioned in annexure 'K' hereof remain mortgaged with the plaintiff as security for payment of the plaintiffs claims herein: (d) Decree under Order 34 Rule 4 of the Code of Civil Procedure 1908 in from 5A of appendix 'D' to the first schedule thereof or in any other form or provisions of law as to this Hon'ble Court may seem fit and proper in respect of the mortgaged properties mentioned in annexure 'K' hereof;' 3. The Defendant Trust was owner of a Land. The Defendant Trus...
Syndicate Bank Vs. Vidya G. Naik
Court: Kolkata
Decided on: Aug-04-2000
Reported in: (2001)IILLJ897Cal
S.B. Sinha, J.1. Whether an employee, upon marriage to a member of Scheduled Tribe can be said to have committed misconduct by describing herself as a member of Scheduled Tribe, although her father is said to be a Brahmin is the question involved in this appeal.2. The respondent herein was appointed on December 12, 1983 by the appellant in the post of clerk, reserved for Scheduled Caste and Scheduled Tribe candidates. She was married to K. Gobardhan Naik, who is a member of Maradi Tribe which is recognised as a Scheduled Tribe. Her father made a complaint that he was a Brahmin, and, thus, his daughter obtained employment by misrepresentation and on the basis of such complaint a chargesheet had been issued to the opposite party asking for explanation for securing employment in the bank in the 'Reserved Quota' by suppressing material facts. In her reply, dated October 2, 1986, the respondent, inter alia, stated that she was not aware as to which caste she belonged to, as her mother was o...
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