Kolkata Court March 2002 Judgments
Sri Amalendu Ganguly Vs. Smt. Manjari Pal and ors.
Court: Kolkata
Decided on: Mar-21-2002
Reported in: (2002)2CALLT118(HC)
S.N. Bhattacharjee, J.1. This SA 209/95 and FMA 26/88 are taken up together for consideration and are being disposed of by a common judgment2. The appellant of S.A. 209/95 is the landlord who filed T.S. for eviction of the tenant on the ground of reasonable requirement for his own use and occupation along with other grounds. The learned trial Judge decreed the suit only on the ground of reasonable requirement rejecting other grounds. The trial Court held:-'In view of the circumstances stated above, the plaintiff has requirement of two bed room, one Thakurghar, one drawing room, one dining room, one kitchen, one store, one chamber for his son. Hence, the plaintiff has requirement for the suit premises, This issue is thus decided in favour of the plaintiff.' .3. In appeal, the first appellate Court held that the landlord did not require the bed room as the stair case room is being used by them as bedroom and not exclusively as Thakurghar but he requires a guest-cum-drawing room as conced...
Tag this Judgment!Gobinda Kumar Saha Vs. Tapasi Debangshi
Court: Kolkata
Decided on: Mar-21-2002
Reported in: (2002)2CALLT376(HC)
N.C. Sil, J.1. This appeal has been directed against the Judgment and decree dated 27.1.1994 passed by Sri T. K. Bhattacharya, learned Assistant District Judge, Sealdah in connection with Title Appeal No. 28 of 1992 setting aside the judgment and decree dated 30.1.1992 passed by Sri Shubhankar Bhattacharya, learned Munsif, Second Court, Sealdah in connection with Title Suit No. 90 of 1983.2. The suit before the learned trial Court was for eviction of the tenant on several grounds including the ground of reasonable requirement and default. The trial Court was pleased to dismiss the suit but invoke the provisions of Section 17(4) of the West Bengal Premises Tenancy Act, 1956 and the defendant/tenant was protected from being evicted. The first appellate Court decreed the suit only on the ground of reasonable requirement.3. At the time of admission of the appeal the Division Bench of this Court passed an order that the appeal will be heard on all the grounds. On perusal of the grounds take...
Tag this Judgment!Ram Krishna Das Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-21-2002
Reported in: (2002)3CALLT436(HC)
A.K. Mitra, J. 1. This writ petition when moved initially, since nobody appeared on behalf of the respondents, by order dated 1.2.93 His Lordship the Hon'ble Justice N.K. Mitra directed the petitioner to serve copy of the writ petition upon Mr. Prafulla Kumar Ghosh, learned advocate for the State, who as per said direction appeared on that day.2. On 31.3.93, Hon'ble Justice Tarun Chatterjee directed the matter to come up as contested application when also Mr. Prafulla Kumar Ghosh learned Advocate appeared for the State. On 29.6.93, Hon'ble Justice Tarun Chatterjee passed an order giving directions to file affidavits and this order was also passed in presence of learned counsel for both the parties. Now on 26.7.93, when the matter again appeared before Hon'ble Justice Tarun Chatterjee.3. Mr. P.K. Ghosh appeared and submitted that to represent the state respondent Mr. T.H. Sengupta Advocate with Mrs. Banerjee Advocate have been engaged and he prayed for leave to retire from the matter bu...
Tag this Judgment!Eastern Coils Private Ltd. Vs. Commr. of C. Ex.
Court: Kolkata
Decided on: Mar-21-2002
Reported in: 2003(153)ELT290(Cal)
ORDERAmitava Lala, J.1. This writ petition is related to matter of refund of the sum deposited by the petitioner pursuant to the direction of the authority or Tribunal in connection with a matter of Central Excise. The petitioners' contention is that the refund amount will be a sum of Rs. 10,00,000/- together with compound interest at the rate of 24% p.a. from the date of the deposit.2. Under normal circumstances it appears to be a matter in connection with the money claim which ought not to be entertained by the writ court but the subject matter herein is unjust enrichment by the governmental authority in withholding such sum. Therefore, I hold that writ court can entertain try and determine the issue hereunder. Moreover, at the interim stage the authority was approached by the petitioners for having refund on the basis of any interlocutory order passed by a bench of this court which was acted upon by them and the refund of the principal sum of Rs. 10,00,000/-was made.3. Therefore, th...
Tag this Judgment!Commissioner of Wealth-tax Vs. Smt. Danka Devi Agarwala
Court: Kolkata
Decided on: Mar-20-2002
Reported in: [2002]256ITR146(Cal)
1. This is a wealth-tax matter and the question referred to us is as follows : 'Whether, having regard to the fact that in the absence of any registered deed of conveyance in regard to the transfer of flats at 13, Camac Street, Calcutta, the Tribunal is correct in law in holding that since the sale proceeds of the flats had been accounted for as the wealth of the assessee it is only the legal interest on the said property to be calculated at one per cent, of the sale proceeds that could be included in the total wealth of the assessee ?'2. In the relevant assessment year, the assessee had sold several flats at 13, Camac Street, Calcutta. The sale was, however, not completed by execution and registration of deeds of conveyance.3. In the wealth-tax return, the assessee accounted for the entire sale proceeds which was slightly above Rs. 56,00,000 and also one per cent, of the said amount was added by way of assessment as representing the value of the legal title which still remained in the...
Tag this Judgment!NavIn JaIn and ors. Vs. State Bank of India and anr.
Court: Kolkata
Decided on: Mar-20-2002
Reported in: AIR2002Cal223,(2002)2CALLT492(HC),2002(2)CHN294,[2003]116CompCas62(Cal)
B. Bhattacharya, J.1. This revisional application under Article 227 of the Constitution of India is at the instance of four of the defendants and is directed against order dated June 1, 2001 passed by the Chair Person, Debts Recovery Appellate Tribunal, Calcutta in Appeal No. DRAT/CAL/A-3 of 2001 thereby affirming order dated March 28, 2000 passed by the Presiding Officer, Debts Recovery Tribunal, Patna in Execution Case No. 55 of 1999.2. There is no dispute that a Title (Mortgage) Suit No. 65 of 1995 initiated by the bank against ten persons including the present petitioners in the first Court of Subordinate Judge, Dhanbad was disposed of on compromise. The terms of the compromise are stated below :'i) That the defendants do pay a lump sum of Rs. 7.00 crores to the plaintiffs, as per the terms of the compromise, within 90 days from the date of issuing an objection certificate by the plaintiff for approaching of the other financial institution/bank/bodies for availing credit facilities...
Tag this Judgment!Cwt Vs. Smt. Danka Devi Agarwala
Court: Kolkata
Decided on: Mar-20-2002
Reported in: (2002)175CTR(Cal)133
In the Calcutta High Court Ajoy Nath Ray & Maharaj Sinha, JJ.Order By the courtThis is a wealth-tax matter and the question referred to us is as follows :'Whether, having regard to the fact that in the absence of any registered deed of conveyance in regard to the transfer of flats at 13, Camac Street, Calcutta, the Tribunal is correct in law in holding that since the sale proceeds of flats had been accounted for as the wealth of the assessee it is only the legal interest on the said property to be calculated at 1 per cent of the sale proceeds that could be included in the total wealth of the assessee ?'2. In the relevant assessment year the assessee had sold several flats at 13, Camac Street, Calcutta. The sale was, however, not complete by execution and registration of deeds of conveyance.In the wealth-tax return the assessee accounted for the entire sale proceeds which was slightly above Rs. 56,00,000 and also 1 per cent of the said amount was added by way of assessment as representi...
Tag this Judgment!Kusum Products Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-19-2002
Reported in: (2002)2CALLT125(HC),[2002(94)FLR321]
D.P. Kundu, J. 1. In this writ proceeding the writ petitioner has challenged the award dated 6.8. 1988 passed by 1st Industrial Tribunal West Bengal in Case No. VIU-297/84.2. In the award the learned Tribunal inter alia, held as follows:'Considering all the aspects of this case I am of opinion that withholding of standing orders in this case gives benefit to the concerned workmen. No explanation has been given for non-production of standing orders before this Tribunal by the Company. In view of Appendlx-A, Model Standing Orders, Clause (3) (a) of Rule 10 of Bengal Industrial Employment (Standing Orders) Rules, 1945 I have no hesitation to hold that the concerned workman is deemed to have been confirmed by implication as he worked for 340 days. In view of my findings above I am constrained to say that the termination of services of the concerned workman Sri Swapan Bhattacharjee is unjustified. M/s. Kusum Products Ltd. Is directed to reinstate the concerned workman Sri Swapan Bhattacharj...
Tag this Judgment!Andhra Bank Vs. Official Liquidator and anr.
Court: Kolkata
Decided on: Mar-19-2002
Reported in: (2002)2CALLT359(HC),2002(2)CHN412
A.K. Bisi, J. 1. A.P.O. No. 1082 of 1993 arises out of the Judgment and or order passed by a learned Judge of this Court on 12th October, 1993 in Company Petition No. 621 of 1987. The impugned order challenged in the instant appeal runs as under :'Andhra Bank is directed to pay a sum of Rs. 38 lakhs to the Official Liquidator for the purpose of disbursing forthwith the salary to the officers, staff and workers of New Tobacco Co. Ltd., both at Calcutta and Durgapur, before the ensuing Puja. The Official Liquidator will disburse such salary to the officers, staff and workers of New Tobacco Co. Ltd. as aforesaid, before the ensuing Puja.'2. By subsequent order passed on 23rd November, 1993 it was clarified by the learned Judge that the Joint Receivers would draw a sum of Rs. 38 lakhs from the Fixed Deposit made with the appellant-bank and pay the amount to the Official Liquidator in terms of the order dated 12th October, 1993 for disbursing of one month's salary to the officers, staff and...
Tag this Judgment!G.L. Gayen Vs. State of West Bengal
Court: Kolkata
Decided on: Mar-18-2002
Reported in: (2002)3CALLT333(HC)
P.K. Biswas, J.1. Learned counsel appearing for the petitioner is present. Learned counsel for the opposite party is also present. Heard both of them at length.2. This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure filed at the instance of one Mr. G.L. Gayen, E.C. Collector, Hooghly Sadar, Chinsura, District Hooghly, petitioner herein seeking to set aside the order dated 8.01.96 passed by Mr. Milon Chatterjee, learned Judge, Special Court, Essential Commodities Act, 1955 at Hooghly in connection with Polba P.S. Case No. 95 and special case No. 30/95 under Section 7(1)(a)(ii) of Essential Commodities Act, 1955.3. The short fact leading to this revisional application is as under: The petitioner has been working as Collector under Essential Commodities Act, 1955 having his office at Hooghly Sadar at Chinsura within the District Hooghly.4. On the basis of a prayer for confiscation of seized coal from the possession of one Ramjanam Singh in conne...
Tag this Judgment!- ‹ Prev
- 1
- 3
- 4
- 5
- 6
- 7
- Next ›
- Last »