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Kolkata Court November 2002 Judgments

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Nov 13 2002

C.E.S.C. Ltd. and anr. Vs. Income Tax Officer (Tds) and ors.

Court: Kolkata

Decided on: Nov-13-2002

Reported in: (2003)183CTR(Cal)110

Barin Ghosh, J.1. The point at issue in the instant writ petition is covered by a Division Bench judgment of this Court in Reckitt Colman of India Ltd. v. Asstt. CIT and Ors. : [2001]251ITR306(Cal) . This judgment was brought to my notice by the learned counsel appearing on behalf of the petitioner at the time when I concluded the hearing.2. As pleaded in para. 8 of the petition, the petitioner had been filing annual returns under Section 206 of the IT Act in Form No. 24 with the IT'0 (TDS), ward-21(1), Calcutta. The petitioner is also a regular income-tax assessee under the said Act and the AO of the petitioner is the Dy. CIT, Special Range-11, Calcutta. The ITO (TDS) made enquiry in relation to some of such returns, called for records, clarifications and explanations and also made survey. Subsequently by the impugned letters dt. 17th Jan., 1996, and 4/5th March, 1996, he called upon the petitioner to furnish certain details in respect of 20 employees of the petitioner in order to ver...


Nov 11 2002

Priyotosh Sanyal and ors. Vs. S.K. Lal and anr.

Court: Central Administrative Tribunal CAT Kolkata

Decided on: Nov-11-2002

Reported in: (2004)(1)SLJ187CAT

1. This CPC has been filed against wilful, deliberate and contumacious violation and/or disobedience of the directions given by the Hon'ble Tribunal in the order dated 26.11.91 (Annexure-A/1) passed in O.A. No.355/1989. It has been alleged that inspite of the directions of the Hon'ble Tribunal the petitioners were not considered for promotion alongwith other members of the staff of the Coal Controller, respondent No. 2 on the next chance of promotion being available which became available after the said decision.2. The relevant portion of the Tribunal's judgment dated 26.11.91 is reproduced as under:- "13.....that finalisation of Recruitment Rules is pending since 1978 is an admitted position. It is also the admitted case that the two cadres, even if they are distinct as stated by the respondents, are interchangeable as the staff from 'non-planned post' used to work in 'planned post' and were withdrawn from there. This interchangeability posts, without having any recruitment rule, can...


Nov 08 2002

Birendra Prasad Singh and Etc. Vs. State of West Bengal and ors. Etc.

Court: Kolkata

Decided on: Nov-08-2002

Reported in: AIR2003Cal142,2002(4)CHN697

ORDERBhaskar Bhattacharya, J.1. By filing these two separate writ applications, two of the participators have challenged the process of tender and the ultimate selection of one Dipak Mukherjee, the private respondent, upon whom the Chandannagore Municipal Corporation ('Corporation') has entrusted the responsibility of running the Ranighat-Jagatdal Motor Launch Ferry Service for the next three years on the basis of yearly payment of Rs. 13,20,000/-.2. The Corporation on August 14, 2002 gave a public notice inviting tender in sealed envelope from the persons having at least three years' experience of management of ferry ghat service after revoking an earlier notice dated August 13, 2002. One of the present writ petitioners viz., Swapan Kumar Bose, in the past, challenged the notice dated August 14, 2002 by filing a writ application on the allegation that by replacing the phrase 'Lanuch Ghat Service' appearing in the notice dated August 13, 2002 with the one 'Ferry Ghat Service' appearing...


Nov 08 2002

Gita Das @ Sangita Das Vs. Tapas Das and anr.

Court: Kolkata

Decided on: Nov-08-2002

Reported in: 2004(1)CHN237

Malay Kumar Basu, J. 1. This revisional application is directed against the judgment and order dated 12.2.2002 passed by the learned S.D.J.M. Serampore in Misc. Case No. 297/99 (T.R. 52/2000) under Section 125 Cr.P.C. The petitioner Sm. Gita Das filed a petition under Section 125 Cr.P.C. before the Court below on the allegations as follows. She was the married wife of the O.P. Sri Tapas Kr. Das who married her according to Hindu Rites on 11th July, 1995 and since after the marriage the petitioner went on living with the O.P. as husband-wife and out of that wedlock one male child was born. But the O.P. was a cruel man and he started torturing to the petitioner both physically and mentally and also by stopping supply of food to her and compelling her to beg. Ultimately on 23rd June, 1999 she was driven out from her matrimonial home along with her baby by the O.P. and at that time her wearing apparels also were snatched away. Moreover, she was compelled by the O.P. to write a chit and wro...


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