Kolkata Court March 2002 Judgments
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Smt. Arati Dhar Vs. Sri S.K. Dutta
Court: Kolkata
Decided on: Mar-12-2002
Reported in: (2002)2CALLT207(HC),2002(3)CHN171
A.K. Ganguly, J.1. This petition has been filed under Section 34 of the Arbitration and Conciliation Act, 1996 [hereinafter called ACA 96] for setting aside an award made and published on 21st November 2000.2. Material facts of the case are that in terms of an agreement dated 13th July 1996 between Smt. Madhavi Chatterjee represented by her constituted attorney Mr. Sudhendu Kumar Dutta and the petitioner, Sm. Arati Dhar, she agreed to purchase proportionate share in Plot No. 37, Regent Park at Premises No. 131/37, Netaji Subhas Chandra Bose Road, Calcutta-700 040, as well as to have a flat measuring about 650 sq.ft. constructed by said Sudhendu Kumar Dutta in consideration of paying a sum of Rs. 6.50 lacs.3. Under the terms of the said agreement the said Sudhendu Kumar Dutta was to make over possession of the flat to the petitioner within two months from the date of execution of the agreement dated 13th July 1996. The said two months expired on 13th September 1996. Under the agreement ...
Judhistir Mudi and Two ors. Vs. the State of West Bengal
Court: Kolkata
Decided on: Mar-12-2002
Reported in: (2002)2CALLT228(HC),2002(3)CHN690
M.K. Basu, J. 1. This Criminal Appeal has been directed against the judgment and order dated 30th March, 1987 passed by the learned Additional Sessions Judge, Purulla in Sessions Case No. 21 of 1985 (Trial No. 23 of 1986) of that Court which arose out of G.R. Case No. 1977 of 1982 whereunder the learned Judge found the accused-appellants guilty of an offence under Section 304 part-I read with Section 34 IPC and convicted them thereunder and sentenced each of them to suffer rigorous imprisonment for ten years. Being aggrieved by that Judgment and order of conviction and sentenced the convicts have preferred the present appeal challenging the impugned judgment as illegal, incorrect and unsustainable.2. The prosecution case has revealed from the materials on record was as follows. On 24th October, 1982 early in the morning at about 5-00 a.m. Chepu Mahato (the deceased) son of Indra Narayan Mahato of village Banbahal under P.S. Purulla was going towards the house of one Nibaran Mahato of v...
Sri Uday Murmu and Two ors. Vs. State of West Bengal
Court: Kolkata
Decided on: Mar-11-2002
Reported in: 2003(1)ALT(Cri)23,(2002)2CALLT65(HC),2002(2)CHN348
J. Banerjee, J.1. By the judgment and order dated 25.7.91, the Additional Sessions Judge, Midnapore convicted all the three appellants under Sections 302/34 IPC and sentenced them to suffer life Imprisonment andalso to pay fine of Rs. 2000/- each in default R.I. for one year each. The appellants/accused have filed this appeal challenging the said judgmentand order.2. The prosecution case, shorn of unnecessary details, may be statedthus. The deceased Bhadra Hansda, the husband of the informant RalmaniHansda had taken the sister of the accused persons as his first wife. Butthe said first wife at the relevant point of time was not allowed to live withthe victim Bhadra and she had to live in her father's house. Over this therewas altercation between the accused/appellants in one side and the victimin the other wherein the accused/appellants wanted to know why the victimwas not living with his first wife and why such first wife had to live in herfather's house. Then in the night of 19/20.10...
Elegant Fashion Accessories Pvt. Ltd. Vs. the Calcutta Electric Supply ...
Court: Kolkata
Decided on: Mar-11-2002
Reported in: AIR2002Cal278,(2002)2CALLT267(HC)
Prabir Kumar Samanta, J.1. In this writ petition the petitioners have prayed for a direction upon the Respondent/CESC Limited to provide supply of electricity in the name of the petitioner No. 1 at Premises No. 20, Ashutosh Mukherjee Road, Calcutta - 700 020. Pursuant to the application made by the petitioner No. 2 on behalf of the petitioner No. 1 the Respondent/CESC Limited by a letter dated 5th August, 1999 Intimated to the petitioners that there are outstanding dues in respect of consumption of electricity at the above premises and consequently asked the petitioners to obtain a clearance in respect of the same. Accordingly, this writ petition has been filed for the direction as above upon contention that the petitioners are not at all liable for making payment of the said outstanding dues, if there be any, in respect of consumption of electricity in the aforesaid premises by consumers to whom such electricity was supplied.2. The petitioner No. 1 is one of the Companies and/or Partn...
Grand Azad Hind Transport Co. Vs. State of West Bengal
Court: Kolkata
Decided on: Mar-11-2002
Reported in: 2002(4)CHN681
Pranab Kumar Chattopadhyay, J.1. The petitioner herein has challenged the validity of the West Bengal Additional Tax and One-Time Tax on Motor Vehicles (Amendment) Act, 1992 on the ground that no previous sanction of the President was obtained before introducing the Amendment Bill in the Legislative Assembly.2. The learned Advocate of the petitioner submits that the said Amendment Act is invalid as the same offends the provisions of Article 301 read with Article 304(b) of the Constitution of India.3. The learned Advocate appearing on behalf of the respondents, however, submits that the sanction of the President was not necessary for the amending Act as the principal Act had the sanction of the President. Referring to a decision reported in : AIR1991SC998 , Piasmac Machine . v. Collector of Central Excise. Mr. Khan, learned Advocate of the respondents submits that the Supreme Court also approved the aforesaid reasoning and confirmed the view taken in the similar circumstances by Madras ...
Assistant Commissioner of Vs. Satya Narayan Agarwalla
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Mar-08-2002
Reported in: (2002)255ITR69(Kol.)
1. This appeal, filed by the Revenue, is directed against the order dated February 25,1997, passed by the Commissioner of Income-tax (Appeals)-II, Calcutta, in the matter of order under Section 143(3) of the Income-tax Act, 1961 (hereinafter referred to as "the Act"), for the assessment year 1994-95. The Revenue is aggrieved of the Commissioner of Income-tax (Appeals) order for deleting the addition of Rs. 4 lakhs in the hands of the assessee, even though the said addition was made on the basis of the assessee's own statement, both the grounds of appeal relate to this grievance.2. Briefly stated, material facts of the case are that the assessee's statement was recorded during the course of survey under Section 133A of the Act of one Bansi Tyre House Pvt. Ltd., Exhibition Road, Patna.During the course of his deposition, the assessee declared Rs. 4 lakhs as his income and that the aforesaid income is with the assessee in the form of cash. Based on this addition alone and without any cor...
Subhendu Banerjee and ors. Vs. the C.E.S.C. Ltd. and ors.
Court: Kolkata
Decided on: Mar-08-2002
Reported in: AIR2002Cal242,(2002)2CALLT196(HC)
P.K. Samanta, J.1. Whether the auction purchasers of a premises are liable to make payment of outstanding dues for consumption of electricity supplied to that premises prior to such auction sale is the question, which has come up for consideration in this writ petition.2. The facts which are not in dispute in this case are that the petitioners are owners and occupiers of their respective dwelling units situated at Holding No. 2, Ghoshpara, Badamtala, Bengal Enamel. North 24-Pgs. In a housing complex called 'Antarlk'. The said holding belonged to Hindusthan Development Corporation Limited (hereinafter called as the said Corporation). The said Corporation was a consumer of electricity supplied through high-tension line by the Respondent, CESC Ltd. at the above premises No. 2. Ghoshpara Lane. Such supply of energy through high tension line stood disconnected since the month of March, 1986 for non-payment of monthly energy bills for the period from November, 1985 to February, 1986 amountin...
Ganapati Apartments Pvt. Ltd. Vs. Favourite Small Investment Ltd.
Court: Kolkata
Decided on: Mar-08-2002
Reported in: (2002)3CALLT108(HC)
A. Lala, J. 1. This is an application for amendment of the plaint under Order 6 Rule 7 of Code of Civil Procedure. The law prescribes that the Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, and all such amendments shall be made as may be necessary for the purpose of determining the real questions in controversy between the parties.2. Originally the suit was instituted on 25the November, 1997 by the plaintiff praying inter alia :(a) Mandatory injunction directing the defendants to handover vacant possession of the suit premises more fully mentioned in schedule 'A' to the pliant and to sign and sign the building plans for construction of the said building and to execute the power of attorney in favour of a nominee of the plaintiff pursuant to agreement dated 3rd December, 1986 as modified, (b) Mandatory injunction directing the defendants to execute and register necessary conveyance in favour o...
In the Goods Of: Phani Bhusan Sinha (Deceased)
Court: Kolkata
Decided on: Mar-08-2002
Reported in: (2002)3CALLT279(HC)
Amitava Lala, J.1. This is a testamentary suit in the goods of one Phani Bhusan Sinha, generally known as P.B. Sinha, deceased. Smt. Purnima Sinha, wife of the deceased has claimed to be the executrix and beneficiary under the Will. She is the propounder herein. Her only issue, Sri Debungshu Sinha is the caveator. At present the family consists of the widow (the propounder, the only son (the caveator), daughter-in-law and the sole grand-daughter of the deceased. The property under the Will consists of a three-storied house within a total land area of 3 cottahs and 9 sft. more or less.2. One day after the death of the deceased, the Will came out from the custody of the propounder who, in turn, filed an application for grant of probate of the Will in this Court. Special citation was served. The caveator lodged the caveat and, thereafter, filed an affidavit in support of such caveat. Thus, it become contentious cause.The following issues framed hereunder:ISSUES1. whether the signature of ...
Tushar Kanti Adhikari Vs. Glaxo India Ltd. and State of West Bengal
Court: Kolkata
Decided on: Mar-08-2002
Reported in: 2002(4)CHN734
Amit Talukdar, J.1. Pursuant to petition of complaints filed by the opposite party No. 1 before the learned Sub-Divisional Judicial Magistrate, Alipore, the petitioner has been arrayed in a list of 10 proceedings under Section 138 of the Negotiable Instruments Act for dishonour of cheques ranging to different sums of amount. He has made his initial appearance and has been enlarged on bail in all the said proceedings.2. Presently, the petitioner has moved this Court in these batch of Revisional Applications under Section 407 of the Code of Criminal Procedure for transferring the proceedings to Tamluk Court from Alipore Court on the ground that he is a man of 70 years of age and the vital witnesses come from Tamluk and it would be a great hardship on his part to either engage a lawyer of his choice at Alipore Court or to attend the court daily from Tamluk and further that the various proceedings are scattered in different courts of the learned Judicial Magistrate in Alipore Court and dif...
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