Kolkata Court July 2003 Judgments
New India Assurance Co. Ltd. Vs. Tara Sundari Phauzdar
Court: Kolkata
Decided on: Jul-25-2003
Reported in: I(2004)ACC49,2002ACJ1646,AIR2004Cal1,(2003)3CALLT29(HC)
A. Kabir, J.1. A common question having arisen in these seven appeals as to whether an Insurance Company could maintain an appeal against an Award of the Claims Tribunal Constituted under the Motor Vehicles Act, 1988, on the quantum of compensation without having obtained leave under Section 170 of the said Act but upon invocation of the reservation clause, being condition No. 2 of the policy of insurance, all the seven appeals were referred to a Special Bench presided over by AJoy Nath Ray, J. to consider the said question.2. On consideration of Section 96(2) of the Motor Vehicles Act, 1939, corresponding to Section 149(2) of the Motor Vehicles Act, 1988 and Sections 110C(2-A) and 110D of 1939 Act, corresponding to Sections 170 and 173 of the Motor Vehicles Act, 1988, and in the light of the decision in Captain Itbar Singh's case, reported in 58-65 Accident Claims Journal, page 1, Ajoy Nath Ray, J. came to the conclusion that the insurer has a right to maintain, argue and conclude an ...
Tag this Judgment!K.N. Mishra Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Jul-25-2003
Reported in: AIR2003Cal307
Pravendu Narayan Sinha, J.(For himself and on behalf of Asok Kumar Ganguly, Aloke Chakrabarti and Pravendu Narayan Sinha, JJ.)1. This reference originates from a writ petition filed before the Circuit Bench at Port Blair against an order passed by the Central Administrative Tribunal on 19th September, 2600. The said Writ application was dismissed by the Division Bench on 11th June, 2002, on the ground that an error of assessment cannot be corrected in writ jurisdiction. An application, being RVN No. 005 of 2002, was filed by the writ petitioner for review of the order of the Division Bench. The said application came up for consideration before another Bench then in Circuit which Issued a Rule on the application on 2nd July, 2002, making the same returnable on 9th July, 2002. On 9th July, 2002, directions were given for filing of affidavits and the matter was adjourned till 15th July, 2002. On the said date the second Division Bench, inter alia, recorded the following order :'The applic...
Tag this Judgment!Pravat Chandra Dey Vs. Oriental Insurance Co. Ltd. and anr.
Court: Kolkata
Decided on: Jul-25-2003
Reported in: I(2004)ACC794,2005ACJ877
Aloke Chakrabarti, J.1. The relevant facts of the case as appear from the records are that on 26.11.1993 at about 9.30 hours, one Ujjal Dey being the son of the claimant father was standing on the left side of the National Highway 31 at Tekatull when offending vehicle coming from the Dhupgudi side at a very high speed ran over the said Ujjal Dey as a result whereof he sustained injuries and ultimately succumbed to such injuries on the spot. The accident occurred due to rash and negligent driving of the offending vehicle.2. The claim application was filed under Section 166 of Motor Vehicles Act, 1988. The Tribunal by its judgment and order dated 30.6.1997 dismissed the application and challenging the same the present appeal was filed.3. Heard Mr. Saidur Rahaman, learned counsel for the appellant, who advanced threefold argument. The first contention of appellant is that the Tribunal erroneously dismissed the petition on the ground that the victim was a minor boy aged 8 and his parents w...
Tag this Judgment!Premlall Seal and ors. Vs. Sm. Basanti Seal and ors.
Court: Kolkata
Decided on: Jul-24-2003
Reported in: AIR2004Cal246,(2003)3CALLT527(HC)
D.K. Seth, J.1. Mr. Bachawat had raised two questions viz. (i) whether without the pleadings and without any issue being framed and without any evidence being led a new case of family arrangement could be made out by the Court on the basis of a letter of complaint (Ext-J) by the admitted owner against the alleged tenant-licensee being the son of the owner governed under Dayabhaga School of Hindu Law; and (ii) whether Ext-J could create or extinguish any right in favour of such son in respect of property, which is, admittedly, valued more than Rs. 100/- in view of Section 17(1)(b) of the Registration Act and could Ext-J be read to contradict the contents of a registered document (Ext-1) having regard to Section 91 of the Evidence Act.2. Mr. Sanyal had replied that Ext-J was not a document creating or extinguishing right in immovable property worth above Rs. 100/- but an evidence to the creation of a family arrangement, between members of the family in order to avoid misunderstanding and...
Tag this Judgment!Park Hotel Limited Vs. Ics Club Marketing (India) Private Limited and ...
Court: Kolkata
Decided on: Jul-24-2003
Reported in: 2004(2)ARBLR495(Cal),2004(2)CHN1
Subhro Kamal Mukherjee, J.1. Park Hotel Limited has filed A. P. No. 129 of 2003. A. P. No. 143 of 2003 has been filed by ICS Club Marketing (India) Private Limited. Both the applications have been filed under Section 9 of the Arbitration and Conciliation Act, 1996 ('the said Act' in short).2. In connection with A.P. No. 129 of 2003, Ashim Kumar Banerjee, J. on May 22, 2003, inter alia, granted leave under Clause 12 of the Letters Patent and ad interim order in terms of prayer (b) of the notice of motion.3. The said prayer (b) runs as under:'(b) An order of injunction restraining the respondents and each one of them, their servants and agents from selling and/or issuing any membership card by the name of 'Preferred at the Park'.4. The respondent No. 1 in A. P. No. 129 of 2003, namely, M/s. ICS Club Marketing (India) Private Limited filed G. A. No. 2105 of 2003, inter alia, for vacating the said ad interim order dated May 22, 2003 passed by Ashim Kumar Banerjee, J.5. When the said applic...
Tag this Judgment!National Insurance Co. Ltd. Vs. Lakhi Kanta Chaini and anr.
Court: Kolkata
Decided on: Jul-24-2003
Reported in: II(2004)ACC177,2004ACJ1133
Aloke Chakrabarti and S.K. Gupta, JJ.1. It is stated by Mr. Das, learned counsel appearing for the appellant that the statutory deposit has already been made on 16.12.1997. Office is directed to check-up and submit a report in respect of the same.2. With the consent of learned counsel for the appellant, this appeal is treated as on day's list for hearing and is being disposed of at this stage.3. Heard Mr. Das, the learned counsel appearing for the appellant.4. Mr. Das, learned counsel, pressed this application contending that in view of the irregularity in the driving licence stay is required to be granted but considering the material on record as also the impugned judgment we find that with regard to the irregularity in the driving licence as alleged by the appellant insurance company, no evidence was led. Law has now been settled that it is the responsibility of appellant insurer to produce the proper evidence including the evidence of the driver, if such contention is made. We also ...
Tag this Judgment!Commissioner of Income-tax Vs. Biswanath Tea Co. Ltd.
Court: Kolkata
Decided on: Jul-23-2003
Reported in: (2003)185CTR(Cal)488,[2003]264ITR166(Cal)
Altamas Kabir, J.1. This reference by the Income-tax Appellate Tribunal at the instance of the Commissioner of Income-tax, West Bengal-II, Calcutta, arises out of the order of the Tribunal in I. T. A. No. 1514 (Cal) of 1992, for this court's view on the following question of law :'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in law in deleting the disallowance made under Section 37(4), the guest house expenditure without giving any specific finding ?'2. As will appear from the statement of the case, the Assessing Officer had disallowed a sum of Rs. 9,96,677 on account of guest-house maintenance under Section 37(4) of the Income-tax Act, 1961. Aggrieved thereby, the assessee preferred an appeal before the Commissioner of Income-tax (Appeals) on the ground that only a sum of Rs. 4,55,630, which had already been included in the return, had been disallowed under Section 37(4) of the above Act and the amount of Rs. 4,86,631 had ...
Tag this Judgment!Prabir Kumar Dutta and ors. Vs. Calcutta Municipal Corporation and ors ...
Court: Kolkata
Decided on: Jul-23-2003
Reported in: AIR2004Cal138
ORDERSengupta, J.1. This writ petition has been filed challenging the decision of the Municipal Corporation Authorities allowing a club known as United Training Institute being represented by the General Secretary respondent No. 6 herein to use a portion 6f the Public park for carrying out their activities after closing the same. It is said that the said club undertakes amongst other imparting training for scout and guides and other social activities.2. The basis of the challenge in this matter is that this decision is contrary to the provision of Section 353 of Kolkata Municipal Corporation Act 1980 as without approval of the State Government any portion of the park cannot be allowed to be closed for the interest of the public and to be used for the purpose of carrying out any activity in the name of public interest in violation of Act. Admittedly, at the time of handling over of the possession to the aforesaid club, there was no approval of the State Government. Even when this writ p...
Tag this Judgment!Basanta Kumar Marodia and ors. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Jul-22-2003
Reported in: [2004]267ITR486(Cal)
AMITAVA LALA J.1. This application is made for the purpose of clarification/modification of the order passed by this court on May 21, 2002. It appears from the said order that in view of the earlier order the branch manager, Canara Bank, Jharia Branch, was appointed as receiver to keep the sums being Rs. 9,00,000 and Rs. 2,19,094.11 in safe custody and would not part and deliver the same. This was done in view of a proceeding before the income-tax authority. On the earlier occasion when the matter was heard nobody appeared on behalf of the income-tax authority. However, the court had gone through the order of the Income-tax Appellate Tribunal and it was held as follows :'Accordingly, the Commissioner of Income-tax (Appeals) held that the various bank accounts standing in the names of relatives of the late Nandlal Sultania could not be treated as benami case of the assessee on the basis of the statement of Shri Rajhayakyam Marodia. Accordingly, he deleted the entire addition in this res...
Tag this Judgment!Yagyawati Jayswal Family Trust Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Jul-21-2003
Reported in: (2004)89ITD199Cal
1. The appeals of the assessee for the assessment years 1991-92 to 1997-98 are directed against the consolidated order dated 11-11-02 of the Commissioner of Income-tax (Appeals)-XVIII, Kolkata. The issue involved being common, a consolidated order is passed for the sake of convenience. Parties have been heard and record perused.2. The relevant facts, briefly stated, are that one Shri Harishankar Prasad Jayaswal son of Bindeshwari Prasad Jayaswal created a trust styled "YAGYAWANT JAYASWAL FAMILY TRUST" by a deed of settlement dated 13-11-1964. Shri Harishankar Prasad Jayaswal and Shri Ramkishore Jayaswal son of late Sheojagat Prasad Jayaswal, and Shri Kirshna Dutta Pandeya were appointed as Trustees. A sum of Rs. 5,000 was transferred to the Trust for purpose of the Trust. The Trust was mainly created for applying the income for the maintenance, education, engagement, marriage and medical relief of the children of the settlors sister Smt.Yagyawati Jayaswal married to Shri Gulab Singh J...
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