Kolkata Court December 2004 Judgments

Md. SalauddIn Vs. National Insurance Co. Ltd. and anr.

Court: Kolkata

Reported in: 2006ACJ130

Prabir Kumar Samanta, J.1. This miscellaneous appeal is filed by the claimant against award dated 4.10.2002 passed by Claims Tribunal on an application under Section 166 of Motor Vehicles Act, 1988. The quantum of compensation as awarded by the Tribunal is under challenge in this appeal.2. The facts of this case are that while the claimant was proceeding towards Haldia by a vehicle on 1.10.2000 at about 10.30 a.m. a truck bearing registration No. WB 19-4903 coming at high speed from the opposite direction dashed against the vehicle of the claimant, as a result of which he sustained serious injuries. He was initially treated at Diamond Harbour Hospital wherefrom he was shifted to a nursing home at Calcutta, where he was treated for a period of about 15 days. The claimant has suffered fracture in his left leg and has become a partially permanent disabled person to the extent of 50 per cent, as certified by the doctor Exh. 8.3. In the above petition the claimant has claimed compensation f...

Sankar Patra Vs. State of West Bengal

Court: Kolkata

Reported in: 2005(3)CHN303

Pravendu Narayan Sinha, J. 1. This appeal is directed against the judgment and order of conviction passed by the learned Additional Sessions Judge, 1st Court, Howrah in Sessions Trial No. IV (July) of 2004 in connection with G. R. Case No. 408 of 2000 arising out of Jagatballavpur P.S. Case No. 24 dated 8.3.2000 and sentencing the accused appellant to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 2,000/- in default to suffer further rigorous imprisonment for three months for offence under Section 376 of IPC.2. The prosecution case took its birth when Nirmala Dhonk (P.W.1) lodged the FIR (Ext. 2) on 8.3.2000 at 7.05 p.m. at Jagatballavpur P.S. alleging that on 3.3.2000 her youngest daughter Dolon Dhonk (P.W.2) went to bring goat at Samirdanga at about **** p.m. At that time the appellant Sankar Patra of same village putting cloth on her mouth dragged away her to nearby bush and committed rape on her. Thereafter, in order to disappear evidence the appellant tried ...

Ashit Ghosh Vs. Director of School Education and ors.

Court: Kolkata

Reported in: 2005(2)CHN434

Jyotirmoy Bhattacharyya, J.1. The short point which has fallen for consideration in this writ petition is, as to who amongst the Secretary and the Joint Secretary of the Managing Committee of a school will be the custodian of the school records, viz., Resolution Book, Notice Book, Pension Book and Service Book of teaching and non-teaching staff, deeds relating to land owned by the school etc.2. Mr. Sadananda Ganguly, learned Advocate, appearing for the petitioner, pointed out that Rule 27 of the Management Rules specifies as to who will be the custodian of the school records. Mr. Ganguly submitted that under the said Rule, the Secretary shall be in charge of the invested funds, title-deeds and other legal documents belonging to the Institution.3. The relevant Rule, viz., Rule 27 of the Management Rules is set out herein:'Documents--(1) The Secretary shall be in charge of the invested funds, title-deeds and other legal documents belonging to the Institution. All papers relating to the I...

Calcutta Pinjrapole Society Vs. Union Bank of India and anr.

Court: DRAT Kolkata

1. This appeal has been preferred from an order dated 13th September, 2004, made by the learned Presiding Officer, Debts Recovery Tribunal (I), Kolkata, hereinafter referred to as the D.R.T. The appellant was aggrieved and dissatisfied with the impugned order. I have heard advocates for the parties.2. It was submitted on behalf of the appellant, by advocate that the D.R.T. had failed and neglected to consider and adjudicate the question of the appellant having a first charge on the leasehold property where the secured goods were stored. He argued, that a no-objection certificate had been obtained by the bank at the time of granting the loan and that the bank and all parties concerned were fully aware of the prior charge of the appellant over the land. He contended, that the leasehold property could not be dealt with or disposed of by the D.R.T.in any manner, without adjudicating the right, title and interest of the appellant.3. According to advocate for the respondent No.2, there were...

NuruddIn Molla and anr. Vs. State

Court: Kolkata

Reported in: (2005)2CALLT505(HC),2005(1)CHN634

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. Judge, Special Court (E.G. Act) and Additional Sessions Judge, 24 Pgs.(S), Alipore in S.C. Case No. 6(12) 96 [S.T. No. 6(1) 97] on 22.12.1997.2. The miniaturized version of the prosecution is that on 01.08.1996 at about 23.40 hrs. when the de facto complainant Shyam Prasad Mehta after fetching drinking water in a jug reached near their grocery shop in the name and style of 'Probhat Stores' at 7/1, Bompass Road, Calcutta-29, a white coloured Ambassador car came and stopped there. The driver and one person remained inside the car. Out of six persons - two wearing pants and the rest wearing lungis - who came in front of the counter of their shop, one remained outside while five of them entered inside the counter. On their demand for the keys of cash box his father Gulab Mehta and elder brother Mukesh expressed their ignorance of the same, fo...

Commissioner of Income Tax Vs. H.M. Exports Ltd.

Court: Kolkata

Reported in: (2005)195CTR(Cal)154,[2005]276ITR299(Cal)

ORDERD.K. Seth, J.1. This appeal was admitted on the ground 'Whether, on the facts and circumstances of the case, the Tribunal was correct in upholding the order of the CIT(A) directing the AO to exclude the freight, insurance, etc. beyond the customs point from the amount of 'direct costs' while computing the deduction under Section 80HHC ?'2. In relation to this question, Mr. Agarwal pointed out to the definition of 'export turnover' and 'total turnover' in Clauses (b) and (ba) of the Explanation at the end of Section 80HHC and submitted that the concept of 'total turnover' cannot be applied while finding out the profits derived from export under Sub-section (3), Clause (b) of Section 80HHC. The concept of total turnover is applicable only to Clause (a) of Sub-section (3) of Section 80HHC. Therefore, the freight and insurance attributable to the transport of the goods or merchandise beyond the customs station cannot be excluded from the direct costs, while arriving at the figure of p...

Bituljan Bibi Vs. Abdul Kasem Sahow and ors.

Court: Kolkata

Reported in: (2005)2CALLT89(HC)

Arun Kumar Mitra, J.1. Challenge in this second appeal is the judgment and decree passed by the learned 11th Additional District Judge at Alipore on 29th May, 1989 in Title Appeal No. 499 of 1987 reversing the judgment and decree dated 28tth April, 1987 passed by the learned Munsif, 1st Court at Baruipur in Title Suit No. 155 of 1985. The suit filed by the plaintiff is for a declaration declaring partisan deed dated 07/12/1983 as fraudulent and made by misrepresentation. The case that has been made out by the plaintiff is inter alia as follows:2. The plaintiff is the owner of the suit property which is described in (ka) schedule by purchase and inherited 2 annas share of the (kha) scheduled property which belonged to her husband. The defendant No. 1 is the eldest son of the plaintiff.3. The defendant No. 1 thus inherited 2 annas 16 gandas share and other four sons (proforma defendant Nos. 2 to 5) got 11 annas 4 gandas share. The defendant No. 1 being the eldest son used to look after t...

Bipul Kumar Roy and ors. Vs. M.N. Roy and ors.

Court: Kolkata

Reported in: 2005(3)CHN197

Amitava Lala, J.1. This contempt application is arising out of non-compliance of the order of this Court passed on 19th June, 2002. Earlier by an order of the High Court the State Government issued an Office Order dated 22nd April, 1997, to facilitate the people attached to the Career Advancement Scheme under Burdwan Zilla Parishad from 1st April, 1989 to 22nd August, 1996. A question arose why the same principle will not be applicable in respect of other districts. On 4th September, 1997 another Office Order was issued by the Principal Secretary to follow the earlier Office Order dated 22nd April, 1997. An anomalous situation arose in reading paragraph XII of the Office Order. This Court clarified the same by holding that similar principle is to be adopted in respect of all the districts within the State with effect from 23rd August, 1996 in pursuance to the impugned order dated 4th September, 1997. The order would have been complied with at the earliest. But since the same has not be...

West Bengal Power Development Corporation Ltd. and ors. Vs. Asis Dey C ...

Court: Kolkata

Reported in: [2005(107)FLR70]

A.K. Ganguly, J.1. This appeal has been filed by the West Bengal Power Development Corporation Ltd. (hereinafter referred to as the said Corporation) and its officers against a judgment and order, dated 7 April, 1999, passed by a learned Judge of the Writ Court. By the said judgment and order; the learned Judge, after hearing the parties, was pleased to dispose of the writ application filed by several persons, who have been working as deep tube-well pump operators with the said Corporation since 1980.In the said judgment and order under appeal, the learned Judge disposed of the writ application by giving two directions. By the first direction, the writ-petitioners were given liberty to apply to the appropriate authority under Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as the said Act) for determination of the question whether the nature of work performed by the Petitioners is perennial in nature and also for grant of appropriate reliefs. The learned J...

Cit Vs. H.M. Exports Ltd.

Court: Kolkata

Reported in: [2005]144TAXMAN557(Cal)

ORDERDK. Seth, J. This appeal was admitted on the ground 'whether on the facts and circumstances of the case, the I.T.A.T. was correct in upholding the order of the CIT(A) directing the assessing officer to exclude the freight, insurance etc. beyond the customs point from the amount of 'direct costs' while computing the deduction under section 80HHC?'2. In relation to this question, Mr. Agarwal pointed out to the definition of ,export turnover' and 'total turnover' in clauses (b) and (ba) of the explanation at the end of section 80HHC and submitted that the concept of 'total turn over' cannot be applied while finding out the profits derived from export under sub-section (3), clause (b) of section 80HHC. The concept of total turnover is applicable only to clause (a) of sub-section (3) of section 80HHC. Therefore, the freight and insurance attributable to the transport of the goods or merchandise beyond the customs station cannot be excluded from the direct costs, while arriving at the f...