Kolkata Court January 2003 Judgments
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Nagendra Rai Vs. Municipal Commissioner, Calcutta Municipal Corporatio ...
Court: Kolkata
Decided on: Jan-14-2003
Reported in: 2004(1)CHN679
G. C. Gupta, J.1. By this writ petition a notice dated 19th October, 1991 issued by the Calcutta Municipal Corporation under Section 401 of the Calcutta Municipal Corporation Act, 1980 asking the petitioner 'to stop forthwith all constructions including additions and alterations at premises No. 46E, Raft Ahmed Kidwai Road, Calcutta' is under challenge. Another notice dated 24th October, 1991 was issued by the Calcutta Municipal Corporation to the petitioner stating that guards have been posted to oversee that the unauthorised construction is not continued and for that purpose the petitioner was sought to be made liable to pay Rs. 200/- per day. Both the notices are under challenge on the following grounds:(a) That the petitioner has done some exterior plastering works as well as white washing at premises No. 46F, Rafi Ahmed Kidwai Road. He also claims to have replaced the old and wretched this over the roof and placed new tins over the said room. He alleges that the work undertaken by ...
Unit Construction Co. Ltd. Vs. Joint Commissioner of Income-tax
Court: Kolkata
Decided on: Jan-13-2003
Reported in: (2003)181CTR(Cal)82,[2003]260ITR189(Cal)
D.K. Seth, J. 1. In this case, it is urged on behalf of the applicant that the accounts were neither rejected nor there was any finding that the books of account were not reliable nor was it observed by the Assessing Officer that the explanations furnished were not satisfactory. Therefore, the books of account, as produced by the assessee, are to be accepted. Having regard to the provisions contained in Sections 69 and 69B of the Income-tax Act, 1961, he relied upon the decision reported in CIT v. Pratapsingh Amrosingh Rajendra Singh and Deepak Kumar of the Rajasthan High Court. In the said decision, it was held that there can only be two modes to find out the correct position in respect of the investment, namely, examination of books of account which have been maintained properly and valuation report. If the assessee has maintained proper books of account and all details are mentioned in such books of account, which are duly supported by vouchers and no defects are pointed out and the...
The Kedarnath Jute Manufacturing and anr. Vs. State of West Bengal and ...
Court: Kolkata
Decided on: Jan-09-2003
Reported in: (2003)3CALLT616(HC)
P.N. Sinha, J.1. This appeal preferred by the claimant appellant is directed against the judgment and decree dated 19th February, 1998 passed by the learned Judge. L.A. Court (3rd Court), Barasat, Dist 24-Parganas (North). The appellant has preferred the instant appeal being dissatisfied with the valuation of the acquired land assessed by the learned Judge over his application for reference made by him being dissatisfied with the award made by the Collector. 24-Parganas (North) dated 31.8.1992 and also against amount of solatium fixed by the learned Judge.2. The facts of the case giving rise to the instant appeal is that, the L.A. Collector, 24-Parganas (North) in Case No. L.A. 11/100 of 1987-88 acquired lands of the claimant totalling 2.85 acres in R.S. Plot Nos. 3321E, 3340E, 3341E, 3342E, 3343E, 3344E, 3348P and 3351P in JL No. 9 of Mouza Sukhchar within P.S. Kharda for the purpose of Subhas Nagar Squatters colony. The Land Acquisition Collector took possession of the said land on 2...
Asan Ali Mondal Vs. SarawaddIn Ahmed and ors.
Court: Kolkata
Decided on: Jan-08-2003
Reported in: (2003)2CALLT371(HC)
H. Banerji, J.1. This appeal is directed against the judgment and decree dated June 13, 1997' passed by the learned Assistant District Judge, 4th Court, Alipore whereby the appeal preferred against the trial Court's judgment and decree allowing the plaintiffs/respondents' suit for eviction was dismissed.2. Plaintiff No. 1 purchased the land and structures together with Thika Tenancy right at premises No. 17, Beck Bagan Row, Calcutta, to the extent of one-third share on 26th June, 1963 from one Amir All Mondal by a registered deed of conveyance. Plaintiff's Nos. 2 & 3 purchased the remaining two thirds share of the structure together with land at the said premises on September 9, 1963 from Asan Ali Mondal (defendant No. 2) and one Abdul Karim Mondal. Thus, the plaintiffs became the 16 annas owners of the suit property at 17, Beck Bagan Row, Calcutta.3. Following oral surrender of the tenancy by the tenants, Sk. Abdul Kader and Md. Akhtar on November 7, 1963, the plaintiffs got khas poss...
Employer in Relation to Management of Steel Authority of India Limited ...
Court: Kolkata
Decided on: Jan-08-2003
Reported in: (2003)IIILLJ611Cal
Amitava Lala, J.1. It appears to this Court that the appropriate department in the Original Side, i.e. Central Filing Section refused the petitioner in filing the writ petition taking the plea that the names of the parties have not been described properly in the cause title of the writ petition intended to be filed.2. It is to be remembered that in case of industrial disputes whenever writ applications are filed challenging an Award, the cause title available in the Tribunal case in which impugned Award is passed cannot be changed like the rule of appeal from the Court of first instance before a Division Bench. Therefore, the description of the name of the petitioner is not at all wrongful. The Central Filing Section can accept the petition as it is.3. Registrars, Original Side is directed to take necessary steps and circulate this order forthwith.4. Registrar, Original Side and Department are to act on a signed copy of the minutes of this order....
Ratan Chandra Das Vs. Goutam Das and ors.
Court: Kolkata
Decided on: Jan-08-2003
Reported in: 2004(2)CHN461
Ajoy Nath Ray, J. 1. This is an appeal from preliminary decree. There is only one appellant. It is submitted that the share declaration is erroneous because the appellant is the holder of Letters of Administration granted by the Administrator-General under the Administrators-General Act, 1963. The appellant thus claims full rights to the exclusion of others.2. No doubt, Section 29 of the said Act provides that in case the value of the assets does not exceed 50,000/- rupees (as per current amendment) the Administrator-General has jurisdiction to grant such letters. The effect of the grant is mentioned in Section 32.3. The effect of the Letters of Administration granted by the Administrator-General is no more than Letters of Administration granted by ordinary Courts of law. These do not give to the holder of the letters, title to the property but rather obliges the holder to administer the estate in accordance with law and the rights of succession.4. Therefore, the preliminary decree is ...
Arun Das Vs. State of West Bengal
Court: Kolkata
Decided on: Jan-07-2003
Reported in: (2003)2CALLT226(HC)
A. Barua, J.1. This is an appeal against the judgment and order dated 9th December, 1998 passed by the learned Additional Sessions Judge, Contai, Midnapore whereby the learned Additional Sessions Judge had convicted the accused/appellant under Section 302 IPC in connection with Session Trial Case No. XXX/ January /1994 arising out of G.R. Case No. 674/90.2. A grisly murder on the sea beach of Digha had taken the life of a young house-wife on September 5, 1990. The unfortunate victim was Minati, aged 22. The killer was her own husband, Arun Das, the accused-convict, aged 26. The manner was brutal and beastly--the husband slit the throat of his wife resulting in profuse bleeding. She died of her injuries the same day at the local hospital. The time was 5 p.m. when the couple were seated under the 'Jhaw tree' with their baby in the beaches of Digha. At that time there were some fishermen around. One woman who was walking on the beach reported to one witness (PW 1) that the accused was abo...
Debraj Dey Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Jan-07-2003
Reported in: (2004)3CALLT349(HC),2003(90)ECC731,2003(156)ELT951(Cal)
ORDERAmitava Lala, J.1. There are altogether two writ petitions involved in this issue. The first writ petition is moved challenging the preliminary finding made by the Designated Authority under Ministry of Commerce and Industry (Department of Commerce), Directorate General of Anti-dumping and Allied Duties while the second writ petition is moved challenging the final finding by such authority during the pendency of the first writ petition. Therefore, the cause of action which was available before the writ petition from the preliminary finding now merged with the final finding. Hence the Court has placed both the matters for an analogous hearing.Petitioner before this Court is an importer of lead acid batteries from Bangladesh. On the basis of certain complaints, obviously from the domestic industrialists, a proceeding of anti-dumping and investigation concerning import of lead acid batteries originated or exported from Japan, Korea, China and Bangladeah was initiated. The Designated ...
Smt. Bilasini Mondal Vs. National Insurance Company Limited and anr.
Court: Kolkata
Decided on: Jan-07-2003
Reported in: III(2003)ACC137
Samaresh Banerjea, J.1. The present appeal has been preferred by the claimant against the judgment and award dated 16th August, 2000 passed by the Motor Accident Claims Tribunal, Alipore, 24 Pgs. (South) in MAC Case No. 70/ 97.2. By the impugned judgment and award, the learned Judge allowed the application of the claimant under Section 166 of the Motor Vehicles Act and awarded a sum of Rs. 44,100/- towards compensation to the claimant in addition to the sum of Rs. 50,000/- already paid under Section 140 of the Motor Vehicles Act.3. Being aggrieved of the amount of compensation awarded by the Tribunal, the present appeal has been preferred by the claimant. The contention of the appellant is that the claimant is entitled to the entire amount of compensation which has been claimed, namely, a sum of Rs. 1,50,000/-. But the Tribunal awarded the lesser amount of compensation because of the fact that the Tribunal wrongly rejected the evidence of the claimant as to the income of the deceased.4...
Steel Authority of India Ltd. Vs. Durga Crane and anr.
Court: Kolkata
Decided on: Jan-06-2003
Reported in: (2003)2CALLT122(HC)
Altamas Kabir, J.1. The petitioner in this application, under Sections 30, 33, 41 of the Arbitration Act, 1940, is a government company engaged in the manufacture of various types of Iron and Steel products and it also carries on business in iron and steel material produced in its steel plants and/or procured from other sources.2. By a notice of tender issued from the Head Office of its Central Marketing Organisation at 2 Fairlie Place, Calcutta, the petitioner company invited tenders for handling iron and steel materials for the petitioner company at its Home Sales Stock Yard at Naini, Allahabad. The respondent No. 1, which was at the material time a partnership firm comprised of two partners, submitted its offer and was ultimately appointed as contractor for the purposes indicated in the tender notice. Subsequently, a formal agreement in writing was executed between the parties on/or about 15th October, 1990.3. Pursuant to the above the respondent No. 1 commenced work in terms of the...
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