Kolkata Court September 2002 Judgments
Ruia Cotex Ltd. Vs. Commissioner of Customs
Court: Kolkata
Decided on: Sep-13-2002
Reported in: 2003(151)ELT40(Cal)
ORDERAmitava Lala, J.1. This writ petition is made on behalf of the petitioner No. 1 company by the pen of petitioner No. 1, one Shri Krishna Kumar Chamaria claims to be the Secretary of the Company. He filed his affidavit of competency which is kept with the record,2. There is a scheme in connection with export and import known as Export Promotion Capital Goods (EPCG) scheme whereunder ad valorem customs duty @ 10% has been provided. On and from 1st April, 1999 to 31st March, 2000 the Government of India introduced 0% duty by amending the previous 10% ad valorem duty under the scheme.3. The petitioner imported three machines and applied to the authority concerned for granting licence to import capital goods on 14th January, 1999 under the 10% duty scheme. The same was approved by a communication of the authorities dated 18th February, 1999.4. According to the writ petitioners, the goods were released on 31st August, 1999 when 0% duty scheme became effective. According to them, out of ...
Tag this Judgment!Smt. Jhareswari Mohapatra and ors. Vs. Santosh Kumar Mahapatra and ors ...
Court: Kolkata
Decided on: Sep-13-2002
Reported in: (2003)2CALLT514(HC)
P.K. Biswas, J.1. The present appeal is directed against the judgment and decree dated 31st July, 1978 passed by Sri A.K. Chakraborty, the learned Additional District Judge at Midnapore in Title Appeal No. 139 of 1977 affirming those dated 30th May, 1977 passed by Sri R.K. Ghose, Munsif at Danton in Title Suit No. 70 of 1974. The suit before the lower Court was filed seeking for declaration and injunction. The trial Judge after contested hearing was pleased to pass the decree in favour of the plaintiff/respondent and accordingly granted decree for declaration and permanent injunction in his favour.2. The substantial question of law for determination of the present appeal was formulated as under:--'Whether or not, the impugned deed of gift, allegedly executed by the plaintiff in favour of the defendant No. 1 was the mental and conscious act of the plaintiff and as to whether said deed was obtained by fraud, misrepresentation, coercion and undue influence or not.'3. For the purpose of th...
Tag this Judgment!Shew Kr. Rai and anr. Vs. State of W.B.
Court: Kolkata
Decided on: Sep-13-2002
Reported in: 2003CriLJ574
Joytosh Banerjee, J.1. These eleven appeals has been directed against the judgment and order of conviction dated 22-7-99 passed by Additional Sessions Judge, 3rd Court, Nadia at Krishnagore by which the learned Judge convicted all the 10 accused/appellants under Section 396 and 120-B of IPC. In addition to that accused/ appellants Shew Kumar Rai, Debasis Khan, Khokan Kunar were also convicted Under Section 326, IPC and accused/appellants Tarun Bhattacharjee, Probir Samanta, Debnath Das and Prosanta Dey were convicted Under Section 412, IPC. On their conviction, accused/appellants Shew Kumar Rai, Khokan Konar and Debasis Khan Were sentenced to death. Apart from the death sentence, the aforesaid accused/appellants were also sentenced to a fine of Rs. 75,000/- each. Subject to confirmation by this Court under Section 366(1) of the Cr. P.C. other accused/ap-pellants who were convicted as aforesaid were sentenced to imprisonment for life with a fine of Rs. 50,000/- each in default to suffer...
Tag this Judgment!Debi Prosad Chakraborty and ors. Vs. Mathur Chandra Pratihar and ors.
Court: Kolkata
Decided on: Sep-13-2002
Reported in: (2003)3CALLT138(HC)
D.K Seth, J. 1. The judgment and decree dated 30th August, 1994 passed by the learned Judge, 2nd Bench, City Civil Court at Calcutta, in Title Suit No. 1582 of 1987 has since been assailed in this appeal. 2. Mr. Bhaskar Ghose, learned counsel appearing for the appellants, has contended that originally the father of the plaintiff's and the defendant were subtenants under one Smt. Barindra Bala Dassi with some other sub-tenants. The said Barindra Bala Dassi was a tenant under one Smt. Pramila Sundari Paul. The interest of Smt. Pramila Sundari ultimately developed upon Smt. Arati Basu. The interest of the tenant Smt. Barindra Bala Dassi developed upon one Kalyan Mitra. These facts are not in dispute. The defendant No. 1, one of the sub-tenants, ultimately acquired the interest of the landlord, Smt. Arati Basu, sometimes in 1976. The said defendant after having acquired the interest of the landlord instituted a suit for eviction against the said Kalyan Mitra on various grounds including su...
Tag this Judgment!Avinash JaIn and ors. Vs. Chairman, Municipal Assessment Tribunal, Cmc ...
Court: Kolkata
Decided on: Sep-13-2002
Reported in: 2004(3)CHN279
Alok Kumar Basu, J.1. Both the sides are present. Heard both the sides in detail.Mr. Avanish Jain & Ors. have preferred this application under Article 227 of the Constitution of India on the allegation that the respondents, viz., the Municipal Assessment Tribunal of the Calcutta Municipal Corporation has violated the order of this Court dated 11th March, 1991 passed in connection with C.O. 5819(W)/1991 by passing the order dated 13th June, 1991.2. The appellants being aggrieved by the assessment regarding the annual valuation and assessment of water tax on such valuation preferred an appeal before the opposite party and under the statutory provision the appellants were asked to make predeposit as a condition precedent for hearing of the appeal. The appellants felt aggrieved with the amount assessed for predeposit and hence, they moved this Court for consideration/exoneration from paying that amount and in connection with that petition filed under Article 226 of the Constitution of Indi...
Tag this Judgment!Usha MartIn Industries Ltd. Vs. Deputy Commissioner of Income Tax
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Sep-12-2002
Reported in: (2003)79TTJ(Kol.)23
1. This assessee's appeal is directed against CIT's order dt. 19th Jan., 1996, passed under Section 263 of the IT Act, 1961.2. The assessee has raised five grounds of appeal, and several sub-grounds under those five main grounds, but, in substance, assessee's grievance is that on the facts and in the circumstances of the case, CIT. erred in assuming jurisdiction under Section 263 of the Act, and, that the order sought to be revised by the impugned order is not at all erroneous in law or on facts. We, therefore, deem it appropriate to take all these grounds of appeal together.3. Briefly, the facts. The assessee is engaged in the business of manufacture of steel wires, steel wire ropes, wire rods, billets, wire drawing and allied machines, etc. The assessee filed its income-tax return for the asst. yr. 1991-92 on 31st Dec., 1991, disclosing a returned income of Rs. 2,35,47,1290 (sic) which, after being subjected to scrutiny assessment under Section 143(3), lead to the income being final...
Tag this Judgment!Mercury Travels Ltd. Vs. Deputy Commissioner of Income Tax and anr.
Court: Kolkata
Decided on: Sep-12-2002
Reported in: (2003)179CTR(Cal)314,[2002]258ITR533(Cal)
Subhro Kamal Mukherjee, J.1. In this application under Article 226 of the Constitution of India (the writ petition in short), the writ petitioner questioned three notices issued under Section 148 of the IT Act, 1961 (the said Act in short), dt. 26th Sept., 1996, for the asst. yrs. 1989-90 and 1990-91 and dt. 20th Sept., 1996, for the asst. yr. 1991-92.2. The relevant facts for the disposal of the writ petition are summarised as under:(a) The petitioner, a public limited company, is engaged in businesses of travel agency and tour operation. The petitioner is an agent of the airlines for selling air tickets and for rendering such services, it receives commission from such airlines. Similarly, the petitioner acts as an agent for various hotels and it gets commission from such hotels for booking accommodations on behalf of the clients of the petitioner. Apart from the aforesaid businesses of acting as the agent of airlines and of hotels, the writ petitioner, also carries on business of tou...
Tag this Judgment!Atul Chandra Mahato and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-11-2002
Reported in: (2003)1CALLT114(HC)
A.K. Bisi, J.1. In F.M.A. No. 471 of 1978 a Division Bench of this Court has recommended to the Hon'ble Chief Justice to constitute a Full Bench of 5 Judges for deciding the following question:'Whether or not, a transferee after the date of vesting under the West Bengal Estates Acquisition Act, is entitled to a notice for a proceeding under Section 44(2a) of the said Act.'2. However, the Hon'ble Chief Justice has constituted this Special Bench of three Judges. After the constitution of this Bench we wanted to send the reference back to the Hon'ble Chief Justice for constituting a Full Bench of 5 Judges. At the time of hearing, the learned counsel for the parties submitted before us that this Special Bench as constituted by the Hon'ble Chief Justice can dispose of the matter by answering the same as the Division Bench by mistake instead of sending the aforesaid question to be answered by a Special Bench has recommended a Full Bench of 5 Judges when there was a difference of opinion betw...
Tag this Judgment!Lakshman Chandra Mondal Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-11-2002
Reported in: (2003)2CALLT381(HC)
A. Lala, J.1. The petitioner joined in the service as Chawkidar in the concerned Gram Panchayat on 3rd September, 1968 and subsequently, by operation of law, he became the Gram Panchayat Karmee, The due date of retirement of the petitioner is 30th September, 2003.2. It appears from the record that on 25th March, 1999, the petitioner made a representation on being permanently incapacitated. Nothing was done. A subsequent representation was made on 23rd July, 2001. Even thereafter when nothing was done, the writ jurisdiction of this Court was invoked and an order was passed by Justice D.P. Kundu on 4th October, 2001. In disposing of the writ petition being W.P. 11516(W) of 2001 (Lakshman Ch. Mondal v. State of West Bengal & Ors.), Justice D.P. Kundu directed the Chief Medical Officer Health, Malda, to submit a report to the concerned authority not later than a period of six weeks from the date of communication of the order. It also appears that on 29th September, 2001, the petitioner was...
Tag this Judgment!Smt. Mahua Bhowmick Vs. Bobby Bhowmick
Court: Kolkata
Decided on: Sep-10-2002
Reported in: 2003CriLJ2638
ORDERMalay Kumar Basu, J.1. This is a revisional application filed by the petitioner, Smt. Mahua Bhowmick alias Priya, against the opposite party Sri Kaushik Bhowmick alias Bobby, her husband, and is directed against the order of the learned District Judge, Nadia dated 9th January, 2002 whereunder he allowed a petition under Section 407 of the Cr.P.C. and transferred the Misc. Case No. 215 (iv) of 2000 from the Court of the learned C.J.M. Nadia to the Court of the learned Judicial Magistrate, Kalyani.2. In the said petition under Section 407 of the Cr.P.C. which was allowed by the learned Sessions Judge, the petitioner-husband took the plea that he was threatened by the other side, i.e., his wife, with dire consequences, whenever he went to the Court at Nadia in connection with the hearing of the above-mentioned misc. case and in view of such threat to his safety and security, he filed that petition under Section 407 of Cr.P.C. seeking transfer of the said case to any other Court of co...
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