Kolkata Court January 2004 Judgments
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Syndicate Bank Vs. Sri Venkatarama Murlidhar Shenoy
Court: Kolkata
Decided on: Jan-20-2004
Reported in: (2004)1CALLT447(HC),(2004)IIILLJ73Cal
A.K. Banerjee, J.1. This is an appeal directed against the order dated 5th February, 2001 passed by a learned single Judge whereby the learned single judge allowed the writ petition. Aggrieved against this order the present appeal was filed.2. Brief facts which are necessary for disposal of this appeal is that at the relevant time the respondent/writ petitioner was the sub-Manager in Netaji Subhas Road Branch of appellant/Syndicate Bank. He was dismissed from service on the allegation that he issued four delivery orders to M/s. National Screw & Wire Products Limited, a constituent of the appellant without having adequate security and/or credit and without conforming to the rules and regulations of the bank.3. In or about 1976 the appellant was working as Sub-Manager under one B. Vasantha, Branch Manager of the said branch of the appellant. On the relevant date Mr. Vasantha was absent and during his absence the respondent/writ petitioner was officiating as Branch Manager. According to t...
Partha Chatterjee Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-20-2004
Reported in: (2004)2CALLT610(HC)
Indira Banerjee, J. 1. The short question involved in this writ application is whether as Assistant Teacher of a school possessing the post graduate degree in a relevant teaching subject, at the time of his appointment, can be denied the post graduate scale of pay on the sole ground that the post graduate degree had not been mentioned by the School Service Commission in its recommendation.2. The facts giving rise to this writ application are briefly as follows:3. The petitioner was selected by the West Bengal Regional School Service Commission, Eastern Region for the post of Assistant Teacher of Physical Education and was recommended for appointment as Assistant Teacher of Kota Chandipur High School, Burdwan, hereinafter referred to as the School.4. The petitioner was appointed Assistant Teacher of the School in the Physical Education group with effect from 26th June, 1999.5. At the material time when the petitioner applied to the School Service Commission for appointment, the petition...
Kishen Kunwar and ors. Vs. Ajay Tewari and ors.
Court: Kolkata
Decided on: Jan-19-2004
Reported in: 2004(2)CHN238
N.C. Sil, J.1. The present revision has been directed against the order dated 27th November, 2003 passed by Shri Brindaban Mondal, learned District Judge, Andaman & Nicobar Islands, in connection with Misc. Appeal No. 5 of 2002 confirming an order passed by the learned Trial Judge under Order, 39, Rules 1 & 2 of the Code of Civil Procedure dated 27.8.2002 in connection with Title Suit No. 33 of 2002. The learned Trial Judge was pleased to dispose of the said injunction petition directing the parties to maintain status quo in respect of nature, character and possession of the suit property till the disposal of the suit.2. The facts in the plaint case in brief is that the suit property was owned by one Bishnath Tewari who made a gift of the said property by a registered deed in favour of his wife, the original defendant No. 3 on 1.8.1988. Bishnath Tewari died on 4.1.1986. The defendant No. 3 was the sister of V. N. Tewari who was the father of the original plaintiff Ajay Tewari. It is su...
Shamsad Ali Vs. State
Court: Kolkata
Decided on: Jan-19-2004
Reported in: (2004)2CALLT231(HC),2004(2)CHN427
Narayan Chandra, Sil, J.1. This appeal has been preferred against the judgment and order of conviction dated 14.4.2003 passed by Shri N.N. Ghosh, learned Sessions Judge, Andaman and Nicobar Islands, in connection with Sessions Case No. 03 of 2000 corresponding to Sessions Trial No. 1 of January, 2002.2. The learned Sessions Judge found the accused/appellant, Shamsad Ali, guilty of the offence committed under Section 376 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for a term of seven years and also to pay a fine of Rs. 2,000/- in default to suffer imprisonment for a further term of six months.3. The facts of the case in brief are that the accused/appellant was the brother's friend of the victim girl Ms. Saroj Minj and this was what opened the opportunity for the accused/appellant to have frequent visits at the house of the victim girl. Thus, on one of such occasions i.e. 23.3.96 at night (in the deposition of the prosecutrix the time of commission of offen...
Shri Sunirmal Chatterjee Vs. the Hon'ble High Court at Calcutta and Or ...
Court: Kolkata
Decided on: Jan-19-2004
Reported in: (2004)2CALLT240(HC)
Asok Kumar Ganguly, J.1.This appeal is directed against a judgment and order dated 11.8.2003 passed by a learned single Judge of this Circuit Bench. By the said judgment and order under appeal, the learned single Judge was pleased to reject the writ petition filed by the appellant/petitioner challenging the selection process for appointment to the post of Superintendent in the establishment of the Circuit Bench of Calcutta High Court at Port Blair. The relevant facts are as follows:2. Applications were invited from suitable candidates for appointment to the post of Superintendent (hereinafter referred to as the said post) in the pay scale of Rs. 5500-175-9000/- from the employees working in the High Court/District Court/Government department by Employment Notice dated 24.1.2003. Pursuant to such notice, the appellant applied alongwith three other candidates including the respondent No. 4. The appellant was issued a call letter dated 12.3.2001 asking him to appear in the interview. But ...
Sky Travels and anr. Vs. Hari Shankar Sharma and anr.
Court: Kolkata
Decided on: Jan-19-2004
Reported in: (2004)2CALLT343(HC),2004(4)CHN57
A.K. Banerjee, J.1. The plaintiff No. 1, Sky Travels is a partnership firm of which Sri P.K. Jain, the plaintiff No. 2 abovementioned and Sri Ajoy Kumar Sharma, the defendant No. 2 are the partners thereof. The defendant No. 1 is the father of the defendant No. 2 and is the owner of premises No. 11, India Exchange Place, Kolkata. The Partnership Firm, Sky Travels started their business for travelling agency in a portion of ground floor of the said premises No. 11, India Exchange Place, Calcutta. Since the defendant No. 2 was admitted in partnership firm on August 31, 1992 the partnership firm started carrying on business at the said place. According to the plaintiff thefirm was enjoying 600 sq. ft. carpet area and was paying rent @ Rs. 1400/- per month. The rent was paid mostly by cheque duly signed by the firm as well as by the defendant No. 2 as partner thereof. The cheques were drawn on the Oriental Bank of Commerce, Kolkata. Dispute and differences arose by and between the partners...
Jagatdal Jute and Industries Ltd. Vs. Commissioner of Income-tax and a ...
Court: Kolkata
Decided on: Jan-16-2004
Reported in: (2004)188CTR(Cal)593,[2004]266ITR587(Cal)
Aloke Chakrabarty, J.1. This is an appeal under Section 260A of the Income-tax Act, 1961, challenging the judgment and order passed by the Income-tax Appellate Tribunal on January 14, 2003, dealing with the assessment of income of the petitioner company for the assessment year 1996-97.2. The facts relevant for the purpose of disposal of the present appeal are that the assessee-company mainly engaged in the business of manufacture and sale of jute goods, filed its return of total income in respect of the financial year ending on March 31, 1996, declaring the assessable income as nil. The return was filed with tax audit report of its chartered accountants in the prescribed form and with statement of particulars also in the prescribed form.3. The Assessing Officer completed the income-tax assessment of the assessee for the said assessment year 1996-97 by assessment order dated March 31, 1999, passed under Section 143(3) of the Act. While passing the said assessment order, the Assessing Of...
Shyamali Middya (Alias Mirdha) Vs. Anjana Alias Hemangini Ari and anr.
Court: Kolkata
Decided on: Jan-16-2004
Reported in: 2004(2)CHN407
D.K. Seth, J.1. Mr. Sahoo, learned Counsel appearing on behalf of the respondents had taken a preliminary objection as to the maintainability of this appeal before this Court. He had referred to Section 388 of the Succession Act and had pointed out that the appeal would lie to the learned District Judge from an order passed by the learned District Delegate in view of the proviso to Sub-section (2) of Section 388.2. Mr. Bhattacharyya, however, contends that he is not aware as to whether the learned Judge was invested with the power in terms of Section 388 of the Succession Act, 1925 on the date he had passed the order. Therefore, in such a case, whether the appeal would lie before the learned District Judge or not is difficult to ascertain. However, he does not join issue with regard to the contention of Mr. Sahoo.3. Section 388 creates a special jurisdiction on Court subordinate to the District Judge through investiture of power on the strength of notification issued by the State Gover...
Juggilal Kamlapat Udyog Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Jan-16-2004
Reported in: (2005)199CTR(Cal)134
Aloke Chakrabarti J.1. This is an appeal under Section 260A of the Income-tax Act, 1961, against the judgment and order of the Income-tax Appellate Tribunal, C Bench, Calcutta, dated January 21, 1999.2. The facts relevant for the present purpose are that the assessee-company filed its return on December 31, 1999, declaring total income of Rs. 12,14,520 under the heads 'Business' and 'Other sources'. The return was initially processed under Section 143(1)(a). In the preceding years, the assessee-company carried on business of trading in jute goods and shares and debentures of companies. The assessee also earned service charges and export handling commission for rendering various services to the parties. The assessee further earned interest on fixed deposit, debentures/ bonds and dividends on shares apart from income from agricultural activities.3. Heard Mr. J. P. Khaitan, learned counsel for the appellant, and Mr. Dipak Deb, learned counsel for the Revenue.4. The contention of the appel...
Union of India (Uoi) and ors. Vs. Warren Tea Ltd. and ors.
Court: Kolkata
Decided on: Jan-15-2004
Reported in: (2004)187CTR(Cal)113
D.K. Seth, J. :1. The respondents had filed WP No. 1232 (W) of 1997 challenging the vires of Circular No, 600, dt. 23rd May, 1991, issued by the Central Board of Direct Taxes (CBDT) so far as it was inconsistent with and repugnant to Rule 8 of the IT Rules, 1962 (Rules) r/w Section 2(1A) of the IT Act, 1961 (Act) in relation to deduction under Section 80HHC of the Act. By a judgment and order dt. 24th Sept., 1998, the learned Single Judge was pleased to hold that the interpretation of CBDT in construing the provisions of Section 80HHC and Rule 8 through Circular No. 600, dt. 23rd May, 1991, was incorrect and accordingly a declaration was issued that the said circular was not attracted in the case of the petitioners.2. The Department had preferred APO No. 792 of 1999 and the State of West Bengal, which was not a party to the proceeding, sought leave to and preferred APOT No. 229 of 1999 against the said judgment. During the pendency of these appeals, Sub-section (4B) was inserted in Sec...
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