Kolkata Court July 2003 Judgments
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Sankaran Moitra Vs. Smt. Sadhana Das and anr.
Court: Kolkata
Decided on: Jul-07-2003
Reported in: (2004)1CALLT34(HC)
D.P. Sengupta, J.1. In the present application the petitioner has come up for quashing of the proceeding being case No. C-1107 of 2001 under Sections 302/201/120B/109 of the Indian Penal Code.2. The allegation made in the petition of complaint is that on 10th May, 2001 during Assembly Election the husband of the complaint, being a supporter of a particular political party, was engaged in distributing food packets to the polling agents in a booth situated at Subhas Sarobar (Beliaghata Lake). When the complaint was returning after casting her vote at about 2.15 p.m. she found that a Tata Sumo car was proceeding in a high speed by waving a red cloth. She also found a crowd there and she came to know from them that police had severely assaulted her husband Topi Das with lathi as a result of which her husband became unconscious and was removed to hospital. On further enquiry she came to know that her husband was assaulted by the police with lathi on his head by the Officer-in-charge of the ...
East India Hotels Ltd. and anr. Vs. Calcutta Municipal Corporation and ...
Court: Kolkata
Decided on: Jul-04-2003
Reported in: (2003)3CALLT275(HC)
ORDER'Minutes of discussion and orders dated 14.6.93 may pertinently be recalled with reference to the orders, passed by the Hon'ble High Court, Calcutta on 19.11.92. I have consulted the aforesaid orders and applied my mind to discern the exact import of the orders passed by the Hon'ble High Court, Calcutta. The orders as aforesaid are specific and forthright. The respondent authorities have been specifically directed to proceed with the proposed annual valuation and to consider the objection of the petitioner afresh after affording an opportunity of being heard. The relevant portion of the said order is reproduced below: Recording such submission, the impugned order and/or notice as to final assessment are quashed. The respondent authorities will however proceed with the proposed annual valuation and consider the objections of the petitioner afresh by giving a chance of hearing and by taking fresh decision in accordance with law. Arguments adduced by the representatives of the East I...
Bharat Carbon and Ribbon Manufacturing Co. Ltd. Vs. Sant Nirankari Mon ...
Court: Kolkata
Decided on: Jul-04-2003
Reported in: (2004)1CALLT117(HC),2004(2)CHN357
A.K. Banerjee, J.1. Appellant, a limited company being the owner of a plot of land situated at B.L. Shah Road, Calcutta entered into an agreement for sale with the respondent, a registered society to sell the said plot of land to the respondent at a sum of Rs. 12.5 lac.2. The salient feature of the said agreement for sale executed on 13th April, 1981 is as follows:'4. The vendor shall within one week from the date hereof deliver to the purchaser's advocate M/s. Khaitan & Company of 9, Old Post Office Street, Calcutta against their accountable receipt all original documents of title and other papers relating to the said premises that are in their possession for investigation of title and shall answer all reasonable requisition on title which may be made by the purchaser's said advocate and shall otherwise make out a marketable title to the said premises.7. The Vendor agrees to obtain the said consents and/or permission and clearance Certificate within a period of eight months from the d...
Director of Entry Taxes Vs. Sushil Kumar Sharma and ors.
Court: Kolkata
Decided on: Jul-03-2003
Reported in: (2004)1CALLT19(HC)
D.K. Seth, J.1. In this appeal Mr. L.K. Gupta, learned Advocate appearing for the appellants, has confined his argument only on three questions. The first question is with regard to the liability of the Department to pay interest on the amount deposited by the writ petitioners/respondents in terms of an order passed by this Court in an earlier writ petition. The copy of the order has not been produced. However, from paragraph 31, page 7 of the Paper Book, it appears that this amount was directed to be deposited as Entry Tax for release of the goods together with the indemnity bond, penalty and the same were directed to abide by the result of the writ petition. This writ petition was ultimately transferred to the Tribunal after its constitution. The Tribunal in its order dated 11th January, 1996 directed the refund of the amount realized. It did not specify anything about the payment of interest. The matter went up to the Supreme Court. The Supreme Court affirmed the order of the Tribun...
Vijay Mallya Vs. Assistant Commissioner of Income Tax
Court: Kolkata
Decided on: Jul-03-2003
Reported in: (2003)1CALLT530(HC),(2004)186CTR(Cal)697,[2004]266ITR329(Cal)
D.K. Seth, J.1. Mr. Pal appearing for the appellant in this case has taken two grounds. One is in relation to notice under Section 154 of the IT Act, 1961, being Annex. 'M' at p. 142. Admittedly, the petitioner was in India for 172 days during the asst. yr. 1989-90 and he was assessed as non-resident in the year of assessment. This notice was issued on 8th of January, 1996, long after expiry of four years from the end of the assessment year. The notice under Section 154 was issued on the ground that the petitioner could not be assessed as non-resident for the ,asst. yr. 1989-90 by reason of the Expln. (b) under Section 6(1)(c) of the IT Act. Identical question arose in APOT No. 735 of 2002 (Vijay Mallya v. Asstt. CIT) disposed of by us on 12th May, 2003. In the said decision, we held that Section 154 could not be attracted in view of the uncertain situation as to which of the interpretation would be correct. It is not in dispute that facts are identical in both these cases. Having rega...
Vijay Mallya Vs. Asstt. Cit
Court: Kolkata
Decided on: Jul-03-2003
Reported in: [2004]134TAXMAN146(Cal)
D.K. Seth, J.Mr. Pal appearing for the appellant in this case has taken two grounds. One is in relation to notice under section 154 of the Income Tax Act, 1961 being Annexure M at page 142. Admittedly, the petitioner was in India for 172 days during the assessment year 1989-90 and he was assessed as non-resident in the year of assessment. This notice was issued on 8-1-1996, long after expiry of four years from the end of the assessment year. The notice under section 154 was issued on the ground that the petitioner could not be assessed as non-resident for the assessment year 1989-90 by reason of the Explanation (b) under section 6(1)(c) of the Income Tax Act. Identical question arose in APOT. No. 735 of 2002 (Vijay Mallya v. Asstt. CIT (2003) 35 DTC 547 (Cal) : (2003) 263 ITR 41, disposed of by us on 12-5-2003. In the said decision, we held that section 154 could not be attracted in view of the uncertain situation as to which of the interpretation would be correct. It is not in dispute...
Smt. Swapna Saha (Chatterjee) Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-02-2003
Reported in: (2004)1CALLT431(HC)
B. Bhattacharya, J.1. By this writ application, the writ petitioner has challenged the order dated 4th/5th December, 2002 being Memo No. 582.1(7)- LC-om passed by Director of School Education, West Bengal, by which the panel prepared by the School Authority for the post of Headmistress, has been cancelled.2. The following facts are not in dispute;For the post of Headmistress of the concerned School reserved for Scheduled Caste candidates the School Authority got prior permission of the District Inspector of Schools (S.E.), Birbhum.3. The School Authority was permitted to obtain names from National Employment Exchange and to advertise the post in a State level daily leading newspaper simultaneously. The School Authority informed the National Employment Exchange for sending names for the said post but no name was received by the School Authority. The post was advertised on May 26, 1996 in 'Ganashakti Patrika' seeking applications within one month from the date of advertisement and pursua...
Bodhi Ranjan Maity Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-02-2003
Reported in: 2004(2)CHN298
Amitava Lala, J.1. The case of the petitioner in this writ petition is entitled for regularisation of service under the regular establishment as recommended by the concerned District Magistrate. This is the third writ petition for the purpose of getting regularisation of service of the petitioner. In the first writ petition being W.P. No. 23354(W) of 1998, Justice Prabir Kumar Samanta was pleased to direct the concerned District Magistrate to consider the case of the petitioner. It was considered on the basis of the documentary evidences and also educational qualification and on the basis of the report of the Block Development Officer. The petitioner had been engaged as Sub-Assistant Engineer on daily wage basis for supervision of development works under Jhargram Panchayat Samity and he had been working in that Block/Panchayat Samity till the date of passing the order on 6th January, 2000. According to the District Magistrate, in terms of Labour Department Memo No. 1700-EMP dated 3rd A...
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