Kolkata Court December 2003 Judgments
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Sm. Santi Devi Mittal, Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-16-2003
Reported in: (2004)2CALLT152(HC)
Amitava Lala, J.1. On 18th June, 1974, the petitioner entered into an agreement for sale with the owner of the concerned piece of land since he was having a thika tenancy right thereon at the relevant point of time. Since the owner of the land failed to execute and register the sale deed the petitioner in the first writ petition instituted a suit being Title Suit No. 84 of 1983 before the appropriate Civil Court and obtained a decree. On the basis of such decree an execution proceeding was initiated but at the time of the registration of the sale deed a dispute cropped up which is germane for the purpose of due consideration by this Court. Such dispute is in respect of grant of permission by the Authority under Urban Land (Ceiling and Regulation) Act, 1976 which is required to be done before registration.2. In an erstwhile writ petition being Matter of 2433 of 1989 (Satish Kumar Gupta and Ors. v. Competent Authority, Calcutta and Ors.) a Bench of this Court was pleased to pass an order...
Corporation Bank Officers' Organisation and Ors. Vs. Corporation Bank ...
Court: Kolkata
Decided on: Dec-16-2003
Reported in: (2004)192CTR(Cal)334,[2004]269ITR222(Cal)
Kalyan Jyoti Sengupta, J.1. By this application the petitioners being the Officers' Organisation of the Corporation Bank have challenged the taxability of the use of furniture at concessional hire rent. Under the direction of the Income-tax Department, the bank concerned has treated this use of the furniture to be a perquisite under Section 17(2)(iii) of the Income-tax Act, 1961. The admitted position is that under the service rules of the bank concerned, the officers, if so advised, may get the facilities and amenities of the use of the furniture to be supplied by the bank at a particular rate of hire charges. This rate has been fixed under the condition of employment at a sum equivalent to 2.05 per cent of the basic pay. Admittedly, in the event the aforesaid amenities are not availed of, then no monetary benefit is given to any of the employees in lieu thereof.2. The affidavit-in-opposition filed by the bank factually says the furniture is supplied to the officers as a matter of cou...
Susanta Samanta and ors. Vs. Wbseb and ors.
Court: Kolkata
Decided on: Dec-16-2003
Reported in: AIR2004Cal200
ORDERKalyan Jyoti Sengupta, J.1. By this writ application the petitioners have claimed compensation of a sum of Rs. 50 lacs on account of the death of one Sattsh Chandra Samanta since deceased, resulted in electrocution owing to alleged negligence on the part of the respondent No. 1 and/or its officials.2. The fact of the case as it runs in the petition, in gist is stated hereunder :The said deceased was late father of petitioner Nos. 1, 3. 4 and 5 and late husband of the petitioner No. 2. He was the absolute owner of the property bearing Dag Nos. 604 and 6O9 appertaining to Khatian Nos. 763/ 3 and 763/4 under Mouza Chautara, within tric Dhaniakhall Police Station in the district of Hooghly. He along with the aforesaid members of the family till his death had been residing at the said plot of land in a small house built on a portion thereof. He got electric connection for running a shallow-tube well given by respondent No. 1. His complaint was that without his consent from the point of...
Everett (India) Pvt. Ltd. Vs. Collector of Customs
Court: Kolkata
Decided on: Dec-15-2003
Reported in: 2004(166)ELT315(Cal)
ORDERSengupta, J.1. The petitioner in this application has challenged the show cause notice issued by the Customs authorities on the ground of alleged short landing of materials. The petitioner is the steamer agent and, as such, carrier of the goods in question. It is not the case of the petitioner that the authority concerned has no jurisdiction. But the impugned show cause notice is based on outturn report purported to have been issued by the Port authority, who in his turn, has issued this notice on the basis of the tally sheet.2. Mr. Tilak Bose, the learned Counsel while impugning show cause notice, submits that the basis of issuance of show cause notice is invalid and illegal. Since the tally sheets as disclosed by the Port authorities have no connection or correlation with the outturn report. The result is that the outturn report is a void document. Naturally, show cause notice being based on the report, is invalid.3. It is settled position of law, he reminds me, that a proceedin...
Binoy Chandra Modak Vs. Manota Modak
Court: Kolkata
Decided on: Dec-15-2003
Reported in: 2004(2)CHN524
Rajendra Nath Sinha, J.1. This is an application filed under Section 115 of the Civil Procedure Code being aggrieved by an order No. 28 dated 28th June, 1999 passed by Additional District Judge, Second Court at Asansol in Matrimonial Suit No. 54/96 renumbered as 107 of 1997. The application may be stated in brief together with its background :That this petitioner/husband instituted a matrimonial suit for dissolution of marriage under Section 13 of the Hindu Marriage Act. In course of the proceeding the opposite party/wife preferred an application under Section 24 of the Act praying for Rs. 2,500/- as maintenance pendente lite. The opposite party/wife happened to be an employee of I.C.D.S. project in the district of Purulia and drawing a salary of Rs. 525/-. In the written objection it was so stated together with the fact that the wife in the meanwhile in a proceeding under Section 125 of the Criminal Procedure Code at Raghunathpur Court got an. order dated 25.7.1998 for maintenance at ...
Uma Shankar Raipuria Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-12-2003
Reported in: 2004(1)CHN565
Rajendra Nath Sinha, J.1. This is to consider an application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 in connection with Pandabeswar P. S. Case No. 36 of 2002 dated 4th May, 2002 under Section 498A/304B I. P. C. and with Sections 3 and 4 of the Dowry Prohibition Act, (G.R. Case No. 438 of 2002). Here in this instant petition the de facto complainant, the bereaved father of one Sabita who committed suicide in the marital home on 4.05.02.2. In short the petition is that the de facto complainant Uma Sankar Rajpuria got his daughter married with one Ashok Agarwal, son of late Chabil Das Agarwal after defraying considerable expenses of marriage to the extent of Rs. 51,000/- in cash, gold ornaments, colour TV, air cooler and utensils of various kinds.3. After marriage Sabita was taken to matrimonial home but her mother-in-law Chatu Devi Agarwal, the elder brother of her husband Paresh Agarwal, and her husband Ashok began to torture her demanding more mo...
Patal Chandra Chakraborty Vs. PulIn Behari Chakarborty and ors.
Court: Kolkata
Decided on: Dec-12-2003
Reported in: (2004)3CALLT314(HC)
A. Lala, J. 1. In the Court of first instance the issue Nos. 3 and 4 are as follows :'3. Are the plaintiffs entitled to get a decree for declaration as prayed for?4. Are the plaintiffs entitled to get a decree for possession?'2. These two issues arise out of the subject matter, i.e., declaration of the plaintiffs' right, title and interest in the properties noted in the schedule below and eviction of defendant from schedule B property being part and parcel of schedule A upon declaring the defendant's licence duly revoked. The schedule A is the land and structure butted and bounded by certain premises given in the schedule. Schedule B is the two rooms as fully described in the schedule B therein. According to the plaintiffs, such schedule B is part and parcel of schedule A. Court held that from the evidence it cannot be accepted that schedule in the mortgage deed and schedule in the sale deeds are different. Defendant contended that R.S. record is wrong. Plaintiffs also challenged the R...
Sandhya Banerjee and ors. Vs. Sri Mahendra Nath Chatterjee
Court: Kolkata
Decided on: Dec-11-2003
Reported in: (2004)1CALLT524(HC)
A.K. Mitra, J.1. This second appeal has been preferred by the defendants/appellants challenging the judgment and decree dated 14.7.1994 passed by the learned Assistant District Judge, 4th Court, Alipore in T.A. No. 7 pf 1993 reversing the judgment and decree dated 26.11.1992 passed by the learned Munsif, 3rd Additional Court, Alipore, in Title Suit No. 41 of 1987. 2. This second appeal originates from suit for ejectment and for damages and/or mesne profit. The case as has been made out by the plaintiff in the plaint is inter alia as follows: The plaintiff purchased the house at 18, Bechu Doctor Lane, Dhakuria, P.S. Kasba, District-24 Parganas, Calcutta-700 031 with four tenants therein on 02.12.1981 from its previous owner, Smt. Bijali Mondol, and took possession of the same. The defendant one Mr. Ratish Banerjee (since deceased) was a tenant under the said previous owner in respect of one bed room, a bath room, one kitchen and a common latrine in the ground floor of the two storied bu...
Smt. Monika Bose and ors. Vs. Shib Sankar Das
Court: Kolkata
Decided on: Dec-11-2003
Reported in: (2004)2CALLT122(HC)
A. Lala, J. 1. It appears to this Court that the First Miscellaneous Appeal has been preferred from the order of remand of the first Appellate Court dated 25th April, 1980 for retrial of the matter by the learned Munsif. The controversy before this Court is whether any evidence is needed to be adduced by the licensor/son in respect of occupying his portion in the facts and circumstances of the case. Although a defence was taken in the written statement but no such issue was framed nor such point was taken into consideration before the Court of first instance. The Court of first instance was pleased to pass a decree on the ground of reasonable requirement as well as the provisions of Clauses (m), (o) and (p) under Section 108 of the Transfer of Property Act.2. The learned counsel appearing for the respondent-opposite party contended before this Court that due to certain change of scenario the ground of reasonable requirement has to be established on the basis of the last available fact....
Rampukar Show Vs. Bidur Banerjee and ors.
Court: Kolkata
Decided on: Dec-08-2003
Reported in: 2004(1)CHN652
Joytosh Banerjee, J.1. The instant appeal is directed against the judgment dated 18.5.2002 passed by the Judge, M.A.C.T., 2nd Court, Bankura in a proceeding under Section 166 of the Motor Vehicles Act registered as Motor Accident Claim Case No. 26/99/157/97.2. The claimant/petitioners Bidur Banerjee and two of his minor children made the application on 20.11.97 praying for compensation to the extent of Rs. 5 lacs on the allegation that on 9.11.96 at about 1 p.m. Hansi Chatterjee (Banerjee), the deceased, the wife of the petitioner Bidur and mother of the other petitioners was proceeding on foot towards Bishnupur through Radhanagar. From Bishnupur side suddenly a truck No. WBI-7191 came at an excessive speed and the victim was run over by such vehicle causing severe injuries on her vital parts of the body. After the accident, the victim was referred to Bishunupur Sub-Divisional Hospital where she succumbed to her injuries at about 2 p.m. on the same day. The petitioners have filed the a...
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