Kolkata Court November 2003 Judgments
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Fortuna Agro Plantations Ltd. Vs. Rajesh Kejriwal
Court: Kolkata
Decided on: Nov-25-2003
Reported in: [2004]55SCL308(Cal)
ORDERPinaki Chandra Ghose, J.1. It appears in this matter that the delivery of the goods are admitted by the company. It further appears that after receiving the goods in the year 2000, the cheque was issued in favour of the petitioning creditor. The date of the said cheque was 19th February, 2001 whereas the delivery took place on 2nd February, 2000. It further appears from the facts as has been pleaded and the documents in the petition that the said cheque was dishonoured on presentation by the drawee bank on account of payment stopped by the drawer. There is no reason given by the company for the same excepting coming out with a defence in the affidavit filed before this Court that the goods were not in accordance with the specification.2. That defence of the company cannot be accepted after comparing the conduct of the company in the matter of receiving the goods and making payment made after an year. The goods were also not requested to be returned by the company to the petitionin...
Satish Kapur Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Nov-24-2003
Reported in: (2004)187CTR(Cal)109,[2004]265ITR673(Cal)
Aloke Chakrabarti, J.1. This is an appeal filed against the judgment and order passed on November 28, 2001, by the learned single judge deciding the Writ Petition No. 428 of 1997 (Satish Kapoor v. CIT : [2002]255ITR93(Cal) ).2. The facts relevant for the present purpose in brief are that the late Bisnu Narayan Kapur was regularly assessed under the Income-tax Act. After his death as a bachelor on March 22, 1992, leaving behind him the writ petitioner as one of his legal heirs, it was detected that some of the investments of the deceased assessee had not been disclosed by him in his return and, therefore, the petitioner voluntarily filed returns for the concerned assessment years 1984-85 and 1987-88 to 1990-91 making complete and true disclosure of the income of the deceased assessee and also paid tax on the said income. On the application filed by the writ petitioner for reassessing the income, in course of the assessment proceeding, the petitioner was informed that some small amount o...
Tamali Bhattacharjee Vs. Samik Baidya
Court: Kolkata
Decided on: Nov-24-2003
Reported in: 2004(1)CHN639
Joytosh Banerjee, J.1. The present appeal is directed against the judgment dated 27.3.2001 passed by Additional District Judge, 10th Court, 24-Parganas now known as 24-Parganas South through which the learned Judge dismissed the Matrimonial Suit No. 75 of 1999. The relevant facts leading to the instant appeal are as follows :--The petitioner Smt. Tamali Bhattacharjee filed the petition under Section 25 of the Special Marriage Act for annulment of marriage alleging, inter alia, that both the parties of the matrimonial suit were students of coaching class and through them their respective families also became acquainted and close with each other. In the month of June, 1999 the respondent informed the petitioner that a party would be given by the respondent at Dhakuria. The petitioner with one of her friends attended that said party wherein some of the friends of the respondents were also present. There was one lady who took signatures of all of them in a Khata. It is alleged that the sig...
Smt. Suniti Bala Bakshi and ors. Vs. Union of India (Uoi) and anr.
Court: Kolkata
Decided on: Nov-24-2003
Reported in: (2004)1CALLT419(HC),[2004(101)FLR861],(2004)IILLJ782Cal
A.K. Mitra, J.1. This second has been preferred challenging the judgment and decree passed by the learned Additional District Judge, 7th Court at Alipore in T.A. No. 157/83 affirming the judgment and decree passed by Sri Tapas Kr. Ghosh, learned Munsif, 3rd Court at Alipore in T.S. No. 175/74.2. This second appeal originates from a suit for declaration along with prayer for mandatory injunction for granting arrears of pay and for rendering accounts.3. Fact in brief as made out in the plaint is inter alia as follows:The predecessors-in-interest of the appellants Subodh Ch. Bakshi was an employee under South Eastern Railway, the defendants herein. He was a clerk and he retired from service with effect from 4-00 noon of 1st November 1962. After his retirement on 15.12.1962 the District Mechanical Engineering/South Eastern Railway, Chakradharpur issued a service certificate and certified his service conduct as good during the period of his service from 8.3.1930 to 31.10.1962.4. During the ...
Biswanath Banerjee Vs. Debendra Chandra Dolui and ors.
Court: Kolkata
Decided on: Nov-24-2003
Reported in: 2004(2)CHN18
D.K. Seth, J.1. In a suit filed by judgment-debtor against the decree-holder, upon an application for injunction restraining the decree-holder from executing the decree passed in the earlier suit, the learned Court granted injunction restraining the appellant/decree-holder in the earlier suit from executing the decree (Tex No. 2 of 1981). This order is under challenge in this appeal. The Title Suit No. 56 of 1966 for eviction and recovery of possession on the ground of termination of the lease on efflux of time travelled through a long-drawn see-saw process up to the Apex Court and ultimately the decree for eviction stood affirmed. Apart from the present plaintiff-respondent, there were other judgment-debtors against whom the decree stood executed.2. Mr. Sudhis Dasgupta, the learned Senior Counsel appearing for the appellant, raised a question that the interest of the judgment-debtor, if any, can be asserted only through the provisions contained in Section 47 of the Code of Civil Proce...
Akash and Ambar Trust Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Nov-24-2003
Reported in: (2004)190CTR(Cal)629,[2004]268ITR93(Cal)
Aloke Chakrabarti, J.1. The facts relevant for the present reference are that the business of the appellant is to construct flats and sell at profit. Interest has been paid by the appellant in pursuance of an agreement entered into between the appellant and M/s. Sagar Shipping Co. Ltd., whereunder the appellant was paid an advance of Rs. 4,33,000 as price of the flat deliverable within a stipulated period. As the flat could not be delivered during the stipulated period under the agreement the appellant had to pay interest to M/s. Surendra Overseas Ltd., with which M/s. Sagar Shipping Co. Ltd. had since been amalgamated. It is contended by the appellant that income out of the business transaction should be assessed as business income and the interest amount of Rs. 6,74,602 should be deducted from the business income. This deduction has been claimed under Section 24(1)(vi) of the Income-tax Act, 1961.2. The two assessment years 1985-86 and 1986-87 are involved in the present reference an...
Bhagabati Developers P. Ltd. Vs. Peerless General Finance and Investme ...
Court: Kolkata
Decided on: Nov-24-2003
Reported in: [2005]123CompCas296(Cal),[2006]65SCL55(Cal)
Alok Kumar Basu, J.1. In these two appeals preferred by the appellant, Bhagabati Developers Pvt. Ltd., under the leave granted by the hon'ble Supreme Court contained in its order dated April 26, 1996, challenging the judgment and order dated January 13, 1992, passed by a learned single judge of this court dismissing Company Petition No. being 222 of 1991 filed under Section 397/398 and other provisions of the Companies Act, 1956, we are called upon to resolve a long pending dispute between the present appellant and the respondents, the Peerless Company, its directors and some of the shareholders.2. The chain of events leading to and culminating in passing of the court order dated April 26, 1996, by the hon'ble Supreme Court and filing of the present appeal may be briefly narrated in this way which would also help us to a great extent to appreciate the rival contentions raised in this appeal.3. Sri Ajit Chatterjee and his brother, Sri Argha Kusum Chatterjee (to be referred as Chatterjee...
Crompton Greaves Ltd. Vs. West Bengal State Electricity Board
Court: Kolkata
Decided on: Nov-21-2003
Reported in: AIR2004Cal71
Jayanta Kumar Biswas, J.1. This is an application filed by the plaintiff in suit No. 9 of 1996 for striking out the defence of the defendant for failure to file the affidavit of documents according to Rules. This application has been filed under Order XI, Rule 21 of the Code of Civil Procedure.2. Briefly stated the facts of the case are these. The suit was filed in the year 1996 claiming a decree for around Rs. 5 crores against the defendant. On service of writ of summons the defendant filed written statement on May 24th, 2002. By an order dated March 29th, 2001 direction was given for expeditious hearing of the suit. The plaintiff took out an application being G.A. No. 2859 of 2002 praying for direction upon the defendant to file affidavit of documents and furnish legible copies of the disclosed documents and allow inspection of the originals. By an order dated July 23rd. 2002 this application was disposed of by directing the defendant to discover the documents within a fortnight from...
Mahesh Housing Co-operative Society Ltd. Vs. State of West Bengal and ...
Court: Kolkata
Decided on: Nov-21-2003
Reported in: 2004(1)CHN10
Asok Kumar Ganguly, J.1. The subject-matter of challenge in this writ petition is a judgment and order dated 19.12.2001 passed by the West Bengal Land Reforms & Tenancy Tribunal (hereinafter called as the said Tribunal) in O.A.No. 1263 of 2001 (LRTT).2. The material facts of the case are that the petitioner, Mahesh Housing Co-operative Society Limited (hereinafter called as the said 'Society'), registered in the month of December, 1963, started acquiring plots of land in Mouza-Mahesh, District - Hooghly. The said Society had acquired about 126 acres of land. The case of the said Society is that it acquired so much of land in order to develop the same for a Housing Scheme.3. The grievance of the said Society is that on 15.12.1997, an order of vesting was passed under the West Bengal Land Reforms Act, 1955 (hereinafter called the said 'Act') against the said Society and a proceeding was initiated under Section 14T(3) of the said Act against the said Society treating it as any other 'raiy...
Foyam Sk. @ Fhoim Sk. @ Fine Sk. and Samina Bibi Vs. State of West Ben ...
Court: Kolkata
Decided on: Nov-20-2003
Reported in: 2004(1)CHN198
ORDERED:In Re.: Criminal appeal No. 239 of 2003 A.. 1. Criminal appeal filed by appellant Foyam Sk. is dismissed.In Re.: C.R.R. No. 2383 of 2002 B. SUO MOTU RULE1. Rule is made absolute.2. Order of probation, given by the learned Trial Court, is set aside.3. Accused Mst. Samina Bibi is directed to undergo Rigorous Imprisonment for eight (8) years and to pay a fine of Rs. 2,000/- as awarded by the learned Trial Court originally in respect of the appellant, Foyam Sk. for both the charges.4. However, the sentence, in respect of the accused Mst. Samina Bibi, would run concurrently and not consecutively.5. Accused Mst. Samina Bibi would forthwith surrender to serve out her sentence. Bond furnished stands cancelled.6. Learned Trial Court would, at once issue Custody Warrant to carry out sentence.C. With a further modification in both the sentences that the fine, if realised, would be paid to Meherunessa(PW3) entirely.75. Before we move on, we feel what we have done is, what the Law mandates...
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