Kolkata Court May 2001 Judgments
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State Trading Corporation of India Ltd. Vs. State Bank of India and an ...
Court: Kolkata
Decided on: May-03-2001
Reported in: [2002]108CompCas509(Cal)
Bhaskar Bhattacharya, J.1. This revisional application under Article 227 of the Constitution of India is at the instance of a defendant in proceedings before the Debt Recovery Tribunal and is directed against Order No. 10, dated August 30, 2000, passed by the Tribunal thereby rejecting an application filed by the petitioner for dismissal of the proceedings for initiating the same without taking leave of the High-powered Committee constituted pursuant to the direction of the apex court.2. In the proceedings before the Tribunal, the State Bank of India claimed recovery of Rs. 5,31,47,672.76 with interest at the rate of 15.81 per cent. per annum. One Tea Trading Corporation of India was the borrower while the State Trading Corporation of India, the present petitioner was the guarantor. Thus, both were made defendants.3. There is no dispute that in response to the leave prayed for by the State Bank of India, the High-powered Committee observed as follows :'The Committee noted that the liqu...
State Bank of India Vs. Ashis Kumar Roy and ors.
Court: Kolkata
Decided on: May-02-2001
Reported in: (2002)2CALLT390(HC)
S.K. Mukherjee, J.1. This is a revisional application under Section 115 of the Code of Civil Procedure by the plaintiff/petitioner against an order passed by Shrimati B. Roy, learned Assistant District Judge, Seventh Court at Alipore, District : 24 Parganas (South) in Title Suit No. 84 of 1991 whereby the learned judge allowed an application filed by the opposite party Nos. 5 and 6, inter alia, directing the plaintiff-bank to pay the interest accrued on the term deposit receipt mentioned in the plaint to the defendant Nos. 5 and 6 after deducting an amount of Rs. 25,000/- (Rupees twenty fivethousand) only within 15 days from the date of the said order. The learned judge, also, fixed September 4, 1995 for peremptory hearing of the suit.2. On or about June 28, 1998 the plaintiff-bank sanctioned a sum of Rs. 1,27, 600/- (Rupees one lakh twenty seven thousand six hundred) only to the defendant No. 1 for purchasing a matador pick up van as by way of a medium term loan. The defendant Nos. 2 ...
Commissioner of Income-tax Vs. I.O.L. Ltd.
Court: Kolkata
Decided on: May-02-2001
Reported in: [2001]250ITR185(Cal)
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 in the circumstances of the case, the Tribunal is justified in law in holding that charging of interest under Section 139(8) of the Income-tax Act, 1961, is misconstrued and accordingly quashing the rectification order under Section 154 and deleting interest under Section 139(8) for the assessment years 1984-85 and 1985-86 ?'2. The assessee-company filed its return of income on July 31, 1984, declaring the income Rs. 9,03,32,353 for the assessment year 1984-85. Similarly, the assessee filed the return on July 31, 1985, declaring the income of Rs. 5,50,10,080 for the assessment year 1985-86. The returns were due to be filed on June 30, 1984, and June 30, 1985, respectively, for both the years. No interest was charged for delay in filing the return under Section 139(8) of the said Act.3. Thereafter, an order under Section 154 ...
National Properties Ltd. Vs. Bata India Limited
Court: Kolkata
Decided on: May-02-2001
Reported in: AIR2001Cal177
Pranab Kumar Chattopadhyay, J.1. This is an appeal against the judgment and decree of a learned single Judge of this Court in a suit for specific performance of a contract. The contract was for the grant of lease in respect of four floors, namely ground, 1st, 2nd, and 3rd of the premises No. 1/1. Lower Circular Road, Calcutta (hereinafter called the said premises) for a period of 25 years at a monthly rent of Rs. 42.50 per 100 sq. ft., M/s. Talbot & Co. carried on negotiations between the parties with regard to the grant of lease and/or letting out of the said premises in respect of the aforesaid four floors, namely ground, 1st. 2nd and 3rd for an area of 12,500 sq. ft. approximately in each floor.2. The plaintiff claimed that it had entered into a concluded agreement with the owner of the said building National Properties Ltd, the appellant, herein on the basis of correspondences which were exchanged between the parties and/or with M/s. Talbot & Co., the broker, appointed by the appel...
Calcutta Telephones Vs. Rintu Bagchi
Court: Kolkata
Decided on: May-02-2001
Reported in: [2001(91)FLR829],(2001)IILLJ951Cal
ORDER1. This appeal is preferred against the judgment and order of a learned Judge of this Court passed on August 29, 2000 by which the award passed by the Central Government Industrial Tribunal, Calcutta was affirmed and the reference that was made for decision before the Central Government Industrial Tribunal was decided in favour of the employee- respondent. Feeling aggrieved by this order of the learned Judge, this appeal has been preferred by the General Manager, Calcutta Telephones.2. The disputes that were referred to the Central Government Industrial Tribunal, Calcutta (hereinafter referred to as the Tribunal) were in the following manner:'Whether the action of the management of Calcutta Telephones, Department of Tele-Communication, Tejo Mansion, Calcutta-1 in terminating the service of Sri Rintu Bagchi casual labour with effect from July 1, 1987 is justified? If not to what relief he is entitled?'3. Before we go into the merits of this appeal we must narrate certain salient fa...
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