Kolkata Court February 2004 Judgments
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Sachindra Nath Panja and ors. Vs. N.L. Basak, Principal Secretary, Gov ...
Court: Kolkata
Decided on: Feb-10-2004
Reported in: 2004(4)CHN602,2004CriLJ2469
D.K. Seth, J.1. On the basis of the observation made in the order dated 4th August, 2000 in appeal from original order passed in APO No. 372 of 1996, this contempt application has been filed. It is contended on behalf of the applicant that the Court had finally decided the entitlement of the petitioner at page 12 (page 50 of the application) of the judgment. Therefore, the authority had deliberately violated the direction contained in the said order while considering the petitioner's case as it appears from the order dated 7th May, 2001, which is at page 29 of the supplementary affidavit filed on 24th May, 2001. Mr. H. K. Mitra, learned Counsel for the applicant, pointed out that there was nothing to be decided by the Authority on the face of the observation made in the order itself. Therefore, the order has been passed deliberately for the purpose of avoiding the effect of the order of which contempt is alleged, Mr. Mitra relied on the decisions in Dr. Subhas Chandra Prettier v. Mrs. ...
Matilal Shaw Vs. Mandadari Devi and ors.
Court: Kolkata
Decided on: Feb-09-2004
Reported in: AIR2005Cal10,2004(2)CHN244
Ajoy Nath Ray, J.1. This is an appeal from a decree granting probate.2. The Will was executed by one Gayaram in March 1968 and he expired in April, 1969.3. The two executrices are his two daughters-in-law Kalati Devi and Mandadari Devi, wives of Fagulal and Asorfilal.4. The executrices are also the beneficiaries. The Will has disinherited theeldest son Matilal, who is the caveator/appellant. The Will states that Gayaramdid not have good relationship with any of his sons and that is the reason of the above bequest. 5. The above caveator alleged that the Will was a product of fraud or undue influence. Also, in arguments, heavy reliance was placed upon circumstances which were said to be suspicious. The first and foremost of those is a long gap of nearly 18 years before the Will was presented for probate. The other fact was that Fagulal was an attesting witness. It was also said that by reason of the extreme physical infirmity of Gayaram before his death he did not have proper . mental ca...
Hooghly Printing Co. Ltd. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-09-2004
Reported in: 2004(2)CHN390,[2005(104)FLR115],(2004)IIILLJ499Cal
ORDER1. The main writ petition was moved challenging the order of reference under Section 10 of the Industrial Disputes Act, 1947 and the award on it. The reference was dated 2nd July, 2002 and the award of the Tribunal was passed on 9th September, 2003. The award was published by the State Government on 23rd October, 2003 and the company received the award on 7th November, 2003. The writ petitioner company decided to roll back the age of retirement of the workmen from 60 years to 58 years. Ultimately that was disputed and the reference was made. The Tribunal decided against the company. The company filed this writ petition on 24th November, 2003. In the main writ petition the company made two unions party respondents being respondent No. 3 and respondent No. 4.2. Learned Counsel appearing for the respondent Nos. 3 and 4 filed three applications for addition of party for adding three workmen, Naresh Kumar Mishra, Santosh Sanyal and Ashim Kumar Palit. Along with the addition of party of...
Bhattacharjee Engg. (P.) Ltd. Vs. Santlal Jaiswal
Court: Kolkata
Decided on: Feb-09-2004
Reported in: [2006]129CompCas29(Cal),[2004]53SCL250(Cal)
1. This appeal has been filed by the appellant-company impugning an order dated 22nd July, 1997 passed by the learned Company Judge admitting a winding up petition and directing its advertisement once in the Statesman and once in the Biswamitra. Against the said order of the learned Company Judge, an appeal has been preferred and the Appellate Court by an order dated 23rd September, 1997, while admitting the appeal, ordered that no further steps be taken pursuant to the advertisement so published. While considering this appeal we have found that in the order under appeal the learned Company Judge held that there are some disputes raised by the Company but there is no finding by the learned Company Judge that the disputes are not bona fide disputes.2. The material facts are that petitioning creditor filed a winding up petition after serving a statutory notice of demand. The service of notice of demand is also disputed. The claim is for goods sold and delivered. While disputing the claim...
Prasanta Kumar Chakravarti Vs. the President, West Bengal Board of Sec ...
Court: Kolkata
Decided on: Feb-09-2004
Reported in: (2004)2CALLT259(HC)
Jayanta Kumar Biswas, J.1. In this Letters Patent appeal the sole writ petitioner is the appellant. His writ petition [C.R. No. 5728 (W) of 1983] was dismissed by the learned single Judge by judgment and order dated August 12th, 1996.2. As in July 1981 the appellant was working as Headmaster of Aswini Pally High School at Barasat of the District 24-Parganas (now North 24-Parganas). With effect from January 15th, 1981 the school was under the management and control of an administrator, who issued a charge-sheet dated July 27th, 1981 against the appellant. Levelling twenty-seven charges the administrator asked the appellant to show cause why disciplinary action should not be taken against him. The charges levelled in this charge-sheet were:-- (a) fabrication and forgery of records of the school, (b) misappropriation of school funds, etc.3. The appellant was a member of the teaching staff of the school, which was a recognised non-Government aided secondary school. Hence the disciplinary a...
Kolkata Municipal Corporation Vs. Netai Sundar Dutta and anr.
Court: Kolkata
Decided on: Feb-09-2004
Reported in: 2004(2)CHN616
S.P. Talukdar, J.1. Both the cases being No. 2470 of 2003 and 2471 of 2003 are directed against judgment and order dated 19.01.2001 passed by the Municipal Assessment Tribunal. The Tribunal by the said common order decided two cases being Municipal Assessment Appeal (MAA) 1564 of 1996 and Municipal Assessment Appeal 1565 of 1996.2. Appellant before the Tribunal, which is opposite party No. 1 in the present cases, by filing the said two appeals, being MAA 1564 of 1996 and MAA 1565 of 1996, challenged two orders of the Hearing Officer-XII dated 19.6,96 fixing the annual valuation of 171C, Acharya Prafulla Chandra Road, Kolkata-700 004, Ward No. 11 at Rs. 15,120/- with effect from 2/92-93 and at Rs. 16,090/- with effect from 2/94-95 on the ground that the valuations made are excessive, improper and unjust.3. Petitioner prayed for setting aside of the order dated 19.01.01 passed by the Tribunal on the ground that it was passed without considering the fact and materials and there was no app...
Sri Rama Krishna Seva Kendra and anr. Vs. State of West Bengal and ors ...
Court: Kolkata
Decided on: Feb-09-2004
Reported in: (2004)2CALLT453(HC)
A. Kabir, J.1. The petitioner No. 1 is a Society registered under the West Bengal Societies Registration Act, 1961, and the petitioner No. 2, a Chartered Accountant, is the Joint Secretary thereof. At the request of the State Government the Society which was operating in Tripura set up a Bull Mother Farm-cum-Rural Training and Demonstration Centre at Ramshai in Jalpaiguri for imparting rural training and cross-breeding on lands allotted by the Government of West Bengal, comprising an area measuring 96.61 acres under plot Nos. 1410 to 1425, 1677/78 and 1236, J.L. No. 83(9) under new mouza Ramshai, Thana Maynaguri in the District of Jalpaiguri. Such allotment was subsequently formalised by execution of a registered Indenture of Lease dated 18th March, 1983, whereby the West Bengal Government granted to the Society a lease of the said lands for 30 years commencing from 26th May, 1981, on payment of the stipulated premium and annual rent.2. Apart from the above, the Society decided to esta...
Anil Kumar Mukherjee and ors. Vs. District Consumer Disputes Redressal ...
Court: Kolkata
Decided on: Feb-09-2004
Reported in: 2005(1)CHN570
Barin Ghosh, J.1. A private limited company took certain amount from the private respondent herein. The said private limited company issued cheques in favour of the private respondent of the amount so received. The cheque was dishonoured by non-payment. The private respondent then approached the Consumer Forum to redress his grievances. It is quite surprising that the Consumer Forum entertained the matter. Be that as it may, the Consumer Forum not only proceeded against the private limited company but also against its Shareholders and Directors and passed a composite award against the private limited company as well as against its Shareholders and Directors. The Company Law has not been changed since the pronouncement of Salmon v. Salmon. The Corporate veil cannot be lifted in the manner the Consumer Forum sought to lift. There was no contention that the Directors and the Shareholders of the private limited company are sitting behind the veil of the Corporation for the purpose of defra...
Subrata Mondal Vs. State of West Bengal
Court: Kolkata
Decided on: Feb-06-2004
Reported in: 2004(2)CHN331
1. This revisional application under Section 397 read with Section 482 of Cr. P. C. has been filed by the accused petitioner praying for quashing the criminal proceeding being case No. N-19/96 now pending before the learned Additional Sessions Judge, 6th Court (Judge, N.D.P.S. Act), Barasat.2. Learned advocate for the petitioner contended that in connection with the abovestated case the petitioner was brought under arrest before the learned Judge on 24.2.96 for his alleged possession of 'Ganja' whose gross weight including the papers found was 38.800 miligram and excluding the paper packets the weight of the 'Ganja' found in possession of the petitioner was 33.800 miligram. After statutory period of detention of 60 days he was enlarged on bail but as he did not appear after submission of chargesheet warrant was issued against him and he surrendered before the learned Judge on 16.6.03. On 17.9.03 charge under Section 20(a) of N.D.P.S. Act (hereinafter called the 'Act') was framed. There...
J. Thomas and Co. Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Feb-06-2004
Reported in: (2004)190CTR(Cal)355,[2004]267ITR585(Cal)
Aloke Chakrabarti J.1. This is a reference under Section 256 of the Income-tax Act, 1961.2. The statement of case shows that the assessee-company initially was subjected to tax at 55 per cent, of the total income by treating it as within 'in any other case' mentioned in Part III, Paragraph E, of the respective Finance Acts. Subsequently, by proceeding under Section 154 of the Act the assessee was subjected to tax at 60 per cent, of the total income by treating it as a trading company mentioned in Part III, Paragraph E of the Finance Acts. The contention of the assessee is that it is not a trading company and therefore, not to be taxed at 60 per cent, as its business was of tea brokers and auctioneers which involved wide range of services like sampling, testing, valuing and cataloguing. The order of rectification was passed by the Assessing Officer under Section 154 of the Act for the three assessment years, viz., 1986-87, 1987-88 and 1988-89, and the assessee-company treated as a tradi...
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