Kolkata Court July 2003 Judgments
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Sri Ranen Kumar Mukhopadhyay and ors. Vs. State of West Bengal and anr ...
Court: Kolkata
Decided on: Jul-18-2003
Reported in: (2003)3CALLT601(HC)
P.K. Biswas, J.1. By filing this application under Section 401 read with Section 482 of the Code of Criminal Procedure, one Dr. Ranen Kumar Mukhopadhyay and three other have come before this Court seeking to set aside and/or quash the Charge-sheet No. 261 dated 21-12-2002 submitted by the I.O. of Thakurpukur P.S. before the Court of the learned Sub-Divisional Judicial Magistrate, Alipore in connection with Thakurpukur P.S. Case No. 207 dated 18-7-02 under Sections 147/448/427/506/109 of the Indian Penal Code.2. The short facts leading to the filing of this revisional applicatipn are as under:-Petitioner No. 1 is a doctor having good reputation in the locality and he is now posted as a Medical Officer, Regional Institute of Opthalmology, Medical College, Kolkata. Petitioner No. 2 is the wife of the petitioner No. 1 and she is a teacher of Holy Home, J.C.S.C. School, Kolkata. Petitioner No.1. 3 is an old aged retired person aged about 64 years, and he is the father-in-law of the petition...
Shib Sankar Rudra Vs. Jyotirmoy Rudra and anr.
Court: Kolkata
Decided on: Jul-18-2003
Reported in: AIR2004Cal54,2004(3)CHN370
Arun Kumar Mitra, J. 1. This revisional application has been preferred challenging order dated 15-10-2001 passed by the learned 5th Civil Judge, Senior Division at Alipur in Title Execution Case No. 27/79. The background of this case in brief is, inter alia, as follows:--The decree-holder/respondent came from Bangladesh (the then Pakistan) in the year 1948. On 18-5-1953 Refugee Relief and Rehabilitation Director, Govt. of West Bengal allotted a plot of land being Plot No. 290 Nandannagar G.S. Colony, Belgharia, Calcutta-83. According to the Judgment-debtor No. 2 since Jyotirmoy Rudra, the decree-holder who was his brother was adult and the petitioner and the other brother Sunil Kr. Rudra, respondent No. 2 herein were aged about 15 and 17 years naturally the plot was allotted in favour of the decree-holder Jyotirmoy Rudra. Actually the three brothers, that is, Jyotirmoy and Shib Sankar and Sunil were the joint allottee of the plot. In the year 1969 the decree-holder Jyotirmoy Rudra file...
Union of India (Uoi) Vs. India Steamship Co. Ltd.
Court: Kolkata
Decided on: Jul-17-2003
Reported in: 2004(4)CHN251,2003(157)ELT28(Cal)
Ashim Kumar Banerjee, J. 1.What is meant by the word 'chargeable' contained in Section 116 of the Customs Act, 1962 (hereinafter referred to as the 'said Act')The above is the moot question involved in the present appeal.Brief facts of the case1. National Thermal Power Corporation Limited (hereinafter referred to as 'NTPC') imported certain project equipments from abroad by a vessel belonging to India Steamship Co. Ltd. the respondent above named. When the goods were unloaded at Calcutta Port there had been short landing of a small quantity of the total consignment. As per the surveyor's report the entire consignment was off loaded from the vessel whereas as per the Port Trust report there had been short landing. NTPC got the actual quantity of the goods received by them released by payment of customs duty. The duty payable on the consignment was partially exempted under Section 25 of the said Act. NTPC got the actual quantity of the goods released upon payment of actual duty payable o...
Deputy Commissioner of Income Tax Vs. Associated Alcohols and
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Jul-16-2003
Reported in: (2003)87ITD510(Kol.)
1. The Department has filed this appeal for the asst. yr. 1996-97 against the order of learned CIT(A), dt. 25th Jan., 2000. "That on the facts and in the circumstances of the case, the CIT(A) was not justified in deleting Rs. 98,61,884 being disallowance, made in respect of business loss." 2.1 The relevant facts giving rise to this ground of appeal are that the assessee is a company engaged in the business, inter alia, of manufacturing and sale of alcohols and Indian made foreign liquor. The assessee filed its original return on 29th Nov., 1996, declaring income at Rs. 75,71,030. Subsequently, a revised return was filed on 20th May, 1997, increasing the total income to Rs. 1,31,67,720. The assessee filed a second revised return on 11th Sept., 1997, reducing the total income to Rs. 42,75,970.2.2 In the revised return filed on 11th Sept., 1997, the assessee claimed deduction of Rs. 98,61,884 while were credited on account of price escalation from Madhya Pradesh Government for supply of ...
Barbara Taylor Bradford Vs. Sahara Media Entertainment Ltd.
Court: Kolkata
Decided on: Jul-16-2003
Reported in: 2004(1)CHN448,2004(28)PTC474(Cal),[2003]47SCL445(Cal)
Ajoy Nath Ray, J. 1. This is an appeal from an interlocutory order in a copyright action. The order is dated 30th of June, 2003, when his lordship refused injunction to the plaintiffs/applicants who are also the appellants before us. However, the order directed furnishing of a bank guarantee to the extent of Rs. 25 lakhs, such guarantee to be given by the respondents.2. The suit was filed in Calcutta on or about the 7th of May, 2003 by the plaintiffs, who are the authoress and her husband of the book named 'A Woman of Substance'. The copyright in that book has been, or is likely to be, allegedly infringed. Claims for infringement are also made with regard to two sequels of the said book and the serialised television version thereof which were produced by the authoress' husband namely the 2nd appellant.3. The complaint is against a serial called 'Karishma - The Miracle of Destiny' which has been financed and is quite ready to be produced and televised by the 1st Respondent who are a pub...
Bidhya Charan Sinha Vs. State of W.B. and ors.
Court: Kolkata
Decided on: Jul-16-2003
Reported in: AIR2004Cal27
ORDERAmitava Lala, J.1. The point is whether a Scheduled Caste candidate having been elected from general or unreserved seat of a Gram Panchayat can be a Pradhan of such Gram Panchayat reserved for Scheduled Caste candidate or not. Factually there are altogether three successful scheduled caste candidates. Out of the three candidates two won from the reserved seats when another won from unreserved or general seat;2. Mr. Utpal Majumdar. learned Counsel appearing for the petitioner contended that whenever a seat is reserved for Scheduled Caste candidate there should be true reflection of representation of such community. A Scheduled Caste candidate having been represented from general seat cannot be the true representative of the Scheduled Caste community. Moreover, there was no scope of enquiry of the candidature of such Scheduled Caste candidate when the nomination paper had been filed by him as a general candidate.3. He has drawn my attention to the situation of the grass-root level w...
R.B.M. Pati Joint Venture Vs. Bengal Builders
Court: Kolkata
Decided on: Jul-16-2003
Reported in: AIR2004Cal58
1. This appeal was filed against order No. 8, dated May 3, 2003 and No. 11, dated May 26, 2003 passed by trial Court in the suit itself.2. Heard Mr. Dasgupta, learned counsel for the appellant and Mr. Bhaskar Gupta, learned counsel for the respondent.3. Relevant facts are that opposite petitioner is a company formed under the laws of Malaysia and is basically a foreign company which obtained all requisites licenses and acquired a registered office in India at New Delhi and obtained necessary permissions for marketing of work in India. The petitioner company obtained the work of construction of a portion of National Highway No. 6 for widening of the existing road to 4/6 lanes and strengthening of existing two lanes carriage way thereof. Necessary agreement for the said purpose was signed between the appellant company and National Highway Authority of India on 20th April, 2001.4. On being approached by the plaintiff respondent submitting a quotation, some work was entrusted to the respon...
Biswanath Dutta Vs. Food Corporation of India and ors.
Court: Kolkata
Decided on: Jul-16-2003
Reported in: (2004)1CALLT458(HC)
B. Bhattacharyya, J.1. By this writ application, the writ petitioner, a daily rated employee of Food Corporation of India (hereinafter referred to 'FCI'), has prayed for direction upon the respondents to allow him to perform his duty as Group 'D' staff and farther direction upon the FCI to absorb him in regular establishment and/or to appoint him on permanent basis to the post of Group 'D' staff.2. The following facts are not in dispute:The District Manager (West) Calcutta FCI issued a memo appointing the petitioner as casual daily rated Group 'D' staff under the FCI on August 10, 1987 and since then he had been working, as such continuously till October 3, 2002. In the meantime on 9th September 1992 the District Manager (West) Calcutta, FCI issued memo to the Senior Regional Manager, West Bengal Region, FCI to regularise the service of the petitioner. On 16th December, 1992 the Regional Manager, West Bengal Region FCI issued a memo asking the District Manager (West), Calcutta to submi...
Hindustan Lever Limited Vs. Cavinkare Limited and ors.
Court: Kolkata
Decided on: Jul-16-2003
Reported in: 2004CriLJ349
ORDER1. This contempt application has arisen in connection with the petitioner's/plaintiffs action for infringement of their process patent of their product 'Fair and Lovely' skin cream. The petitioner sought various reliefs including damages against the respondents/defendants, and in connection therewith application for interlocutory relief was taken out and they were successful in obtaining order of injunction from this Court. However, that interim order of injunction was vacated on combined disposal of the suit and the interlocutory application. Good sense prevailed upon between the parties as they settled the dispute, involved in the suit, as well as the interlocutory application by filing the terms of settlement. The relevant clauses of the terms of settlement, which are germane in the contempt application, are set out hereunder.'Clause 3 : Defendants Nos. 1 and 2 through Mr. T.A. Srinivasan, Company Secretary of the Defendant No, 1, give an undertaking to this Hon'ble Court not t...
Calcutta Pinjrapole Society Vs. Bengal Metal Industries and ors.
Court: Kolkata
Decided on: Jul-15-2003
Reported in: (2003)3CALLT627(HC)
Mahemmad Habeeb Shams Ansari, J.1. Plaintiff-decree holder has filed the instant execution application for execution of the decree dated December 23, 1988. Application has been filed into Court on March 12, 2003 and affidavit in support of the tabular statement has been affirmed on behalf of the decree holder by Shri Shivbhagwan Bagaria on March 11, 2003.2. Decree is sought to be executed for the sum of Rs. 2,54,100/- being the rents, outstanding due and payable on and from the month of April, 2000 at the rate of Rs. 7.260/- for 35 months i.e. upto February, 2003. Thus, according to the decree holder as the judgment debtor committed default, plaintiff is entitled to execute the decree as per the prayers in the tabular statement.3. Mr. Suresh Agarwal, party in person placed before Court the affidavit-in-opposition filed by him. Objection has been taken therein with regard to the maintainability of the execution application on two grounds. Firstly, on the ground that execution applicatio...
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