Kolkata Court October 2004 Judgments
Md. Kamal Vs. State
Court: Kolkata
Decided on: Oct-15-2004
Reported in: 2005(2)CHN81
Arun Kumar Bhattacharya, J.1. The hearing stems from an appeal preferred against the judgement and order of conviction and sentence passed by the ld. Sessions Judge, 2nd Bench, City Sessions Court, Calcutta in S.C. No. 11/1989 [S.T. 2(11)/89] on 11.5.1990.2. The miniaturized version of the prosecution is that the victim Saura Bibi who used to reside at the western side footpath of Chittaranjan Avenue in front of 161, C.R. Avenue with the de facto complainant Rehana Khatun and others, left that place after marrying Maju about 4/5 years back but she used to visit there twice/ thrice in a month. On 14.8.1987 at about 12.00 hrs. while the said Saura Bibi was gossiping with the de facto complainant, Hasina, Sukia and Mehera sitting on the footpath near 161, C.R. Avenue, Md. Kamal, the accused, who unsuccessfully tried to establish an illicit relation with Saura, suddenly appeared there, stood behind Saura and after taking out a razor from the pocket of his trouser held Saura by hairs with h...
Tag this Judgment!Karan Chand Thapar and Brothers Vs. Assistant Commissioner of Income-t ...
Court: Kolkata
Decided on: Oct-15-2004
Reported in: (2005)197CTR(Cal)581,[2005]276ITR105(Cal)
Kalyan Jyoti Sengupta J.1. By this writ application the petitioner challenged the impugned notice dated May 15, 2002, in relation to the assessment year 1994-95 under the Income-tax Act, 1961, (hereinafter referred to as 'the said Act'), and also proceedings, notices and orders thereunder, issued by the Assistant Commissioner of Income-tax, Circle-V, Calcutta (hereinafter referred to as 'the Assessing Officer'), asking the writ petitioner to show cause as to why depreciation claimed to the extent of Rs. 19,16,50,036 and also the amount of expenditure incurred for travel tour of the managing director should not be disallowed, as it does not fall within Explanation 3 to Section 43 of the said Act. The short facts, which have led to the filing of this application, are stated hereunder.2. The first petitioner during the financial year of 1994-95 purchased numerous electric meters on different dates from the Gujarat Electricity Board (hereinafter referred to in short as 'the Electricity Boa...
Tag this Judgment!Nikhil Kumar Vs. Commissioner of Customs
Court: Kolkata
Decided on: Oct-15-2004
Reported in: 2005(187)ELT6(Cal)
Kalyan Jyoti Sengupta, J.1. The Court : By this application the writ petitioner has asked for refund of a sum of Rs. 2,05,178/- being the amount of special additional duty under the provision of decision 3A(5) of the Customs Tariff Act, 1975.2. The short fact of the case is as follows :The petitioners in between April 2003 and May 2003 imported four consignments of PU leather from Republic of China (formerly Taiwan). Under the provision of Section 3 of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (hereinafter referred to as the said Act) the said goods are chargeable to additional duty. However, rate of duty levied is nil as such the said additional duty is not realizable, as unconditional exemption has been granted in respect of these goods. Ordinarily special additional duty equal to sales tax is charged on import of certain goods under Section 3(A) of the Customs Tariff Act. However, Sub-section 5 of Section 3A of the said Tariff Act excludes all the goods...
Tag this Judgment!Ashok Kumar Das Vs. National Institute of Homoeopathy and ors.
Court: Kolkata
Decided on: Oct-15-2004
Reported in: 2007(3)CHN121
Indira Banerjee, J.1. In this writ application the petitioner has inter alia challenged the disciplinary proceedings initiated against the petitioner pursuant to a chargesheet being Memo. No. 8-368/NIH/Disp/AKD/2003/65 dated 11th April, 2003.2. The facts giving rise to the writ application are briefly as follows:Sometime in June, 1991, an advertisement was issued in leading dailies inviting applications for inter alia the post of Associate Professor of Organon of Medicine and Philosophy, Chronic Diseases and Psychology at National Institute of Homoeopathy. The requisite educational qualifications for the said post of Associate Professor were the same as the requisite educational qualifications for the post of Professor. Incumbents for the said post of Associate Professor were required to have 7 years' teaching experience out of which at least 4 years of teaching experience had to be as Assistant Professor/Lecturer in the concerned subject, in a recognized homoeopathy college/institutio...
Tag this Judgment!Bucyrus Europe Limited and anr. Vs. Vulcan Industries Engineering Comp ...
Court: Kolkata
Decided on: Oct-14-2004
Reported in: 2005(1)CHN106,2005(30)PTC279(Cal)
Asok Kumar Ganguly, J.1. With the consent of the parties we treat this appeal and the application as on day's list and dispose of both of them by the following judgment and order.2. The appeal has been filed by Bucyrus Europe Limited, a company having its office at Becor House, Green Lane, Lincoln LN-6 7DL, United Kingdom and Bucyrus India Pvt. Ltd. (hereinafter referred to as the appellant) purportedly against order Nos. 1, 2 & 3 dated 11th August, 2004 of the learned Trial Judge. It is common ground that so far as order No. 1 is concerned there has been some misconception on the part of the learned Trial Judge. The appeal has substantially been filed against order No. 2 of the same date by which the learned Judge refused to grant any ex parte ad interim order of injunction and was pleased to direct notice to be issued on the defendant namely, Vulcan Industries Engineering Pvt. Ltd. having its office at the district of Anand in the State of Gujarat (hereinafter called the defendant). ...
Tag this Judgment!Adarsh Mahila Shiksha Pratisthan and anr. Vs. Municipal Assessment Tri ...
Court: Kolkata
Decided on: Oct-14-2004
Reported in: 2005(1)CHN165
S.P. Talukdar, J.1. Both the cases relate to identical points of law and facts. Those were heard together and being disposed of by the common judgment.2. Subject-matter of the present controversy is annual valuation in respect of premises No. 10C, Sir William Jones Sarani (formerly known as Middleton Row). Petitioner No. 1, Adarsh Manila Shiksha Pratisthan, which is a registered charitable organization, is its owner. The preceding annual valuation of the said premises was Rs. 2,67,730/- with effect from 4th quarter 1978-79. But the Hearing Officer by the impugned order dated 26.05.1992 fixed the annual valuation at Rs'. 13,71,600/- with effect from 4th quarter 1984-85. Petition was filed before the Municipal Commissioner on 15.07.1992 for reconsideration, which is still pending. Petitioner then filed a writ petition which was dismissed by judgment and order dated 30.06.2000 on the ground that alternative remedy was available. An appeal was preferred and the learned Division Bench of th...
Tag this Judgment!Rashid Sk. Vs. State of West Bengal
Court: Kolkata
Decided on: Oct-14-2004
Reported in: (2005)1CALLT364(HC),2005(1)CHN414
Bhaskar Bhattacharya, J.1. This appeal is at the instance of a convict and is directed against a verdict of guilt dated November 21,1998 and the consequent sentence imposed on 26th November, 1998, by the Additional Sessions Judge, 2nd Court, Murshidabad by which the appellant has been found guilty on the charge under Section 302 of the Indian Penal Code and has been sentenced to life imprisonment in addition to a fine of Rs. 5000/- and in default of payment, to a further rigorous imprisonment for six months.2. The appellant along with eleven others were indicted, inter alia, for committing murder of one Safatulla Sk. On the basis of allegations made in the FIR, charges under Sections 148/149/302 read with Section 34 of the Indian Penal Code were framed against all the accused persons. Two of them, however, died during the pendency of the proceedings.3. The case made out by the prosecution may be summed up thus:On 12th August, 1991, at about 7 a.m., the de facto complainant, viz. Faresh...
Tag this Judgment!Kolkata Metropolitan Development Authority Vs. Saroj Kumar Ganguly
Court: Kolkata
Decided on: Oct-14-2004
Reported in: (2005)1CALLT348(HC),[2005(105)FLR398]
Altamas Kabir, J.1. These two appeals arise out of the same judgment and have, therefore, been taken up for hearing together. While M.A.T. No. 744 of 2004 has been filed by the writ petitioner Shri Saroj Kumar Ganguly, M.A.T. No. 1303 of 2004 has been filed by the Kolkata Metropolitan Development Authority and its officers, who had been made respondents in the writ petition filed by Shri Saroj Kumar Ganguly.2. The writ petitioner who had previously worked in the Military Engineering Service and was also employed by the Calcutta Corporation joined the service of the Kolkata Metropolitan Development Authority on 24th November, 1976 as an Assistant Engineer. On 9th August, 1991, he was promoted to the post of Executive Engineer of the Kolkata Metropolitan Development Authority, hereinafter referred to as 'KMDA' and retired from service on 31st December, 2002. It appears that on the ground of physical infirmities the writ petitioner could not personally make-over charge to the next Incumbe...
Tag this Judgment!Supriya Banerjee Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Oct-12-2004
Reported in: (2005)2CALLT83(HC),2005(1)CHN135
Soumitra Pal, J.1. The petitioner, pursuant to a notice inviting application for grant of licence for retail sale for consumption of country spirit, applied for 'off and 'on' shop at Sonepur Bazari, Burdwan. After considering the applications, a lottery was held. Admittedly the petitioner stood second and the respondent No. 4 stood first on the panel. By memo No. 995/E (W) dated 1.6.2001 a communication was made on behalf of the respondent No. 3 to the petitioner. The relevant portion of the memo dated 1.6.2001 is as under;'In reference to your application for grant of licence for retail sale of country spirit for consumption 'off and 'on' the premises/at Sonepur Bazari he is informed that in the panel of the lottery, his/their position is first/second/ third. He is directed to submit sites for the said licence within seven days. It may be noted in this connection that the offer for licence will be date to the first man in the panel first, provided his site is acceptable and his antece...
Tag this Judgment!Ratan Das Vs. State of West Bengal
Court: Kolkata
Decided on: Oct-12-2004
Reported in: (2005)1CALLT437(HC),2005(1)CHN191,2005CriLJ1876
Amitava Lala, J.1. This is an old appeal. It arises out of an order of conviction of the learned Assistant Sessions Judge, Jalpaiguri in the Sessions Case No. 135 of 1997 and Sessions Trial No. 30 of 1997 being dated 24th February, 1999 under Section 376 of the Indian Penal Code. The convict was produced for the purpose of pronouncement of sentence. However, rigorous imprisonment for 8 years and to pay fine in default further imprisonment was ordered. He is suffering imprisonment for about last 6 years. As per the deposition of the mother, victim got married one year after incident. Record says she has husband, father-in-law and mother-in-law. Accused got married after the incident. Record says he has one daughter. There is no doubt at least about one fact that both the families are co-villagers. Intrinsic evidence does not rule out possibility of marriage amongst themselves but failed. Against this social background now the case of the parties and reasons for coming to conclusion by t...
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