Kolkata Court March 2004 Judgments
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Amarendra Kumar Pal Vs. Maya Pal
Court: Kolkata
Decided on: Mar-12-2004
Reported in: 2004(3)CHN86
Arunabha Barua, J. 1. This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure whereby the petitioner-husband, Amarendra Kumar Pal is up against his wife Smt. Maya Pal, being aggrieved by judgment and order dated 18.2.97 passed in Criminal Motion No. 285 of 1994 by the learned Additional Sessions Judge, Murshidabad at Berhampur.2, By that order dated 18.2.97 the learned Additional Sessions Judge had dismissed a criminal motion made by the husband and affirmed an order dated 13.7.94 passed in Misc. Case No. 6 of 1993 by the Chief Judicial Magistrate, Murshidabad, which directed the petitioner-husband to pay a monthly maintenance allowance of Rs. 450/- to each of the three children with effect from February, 1993. This order of the learned Chief Judicial Magistrate was dated 13.7.94 though the learned Magistrate ordered payment of maintenance from a date prior to that is from February, 1993.3. The revisional applicant-husband in the instant revisio...
Bhabi Properties Private Limited Vs. Deputy Commissioner of Income Tax ...
Court: Kolkata
Decided on: Mar-11-2004
Reported in: 2004(2)CHN73
1. Heard Mr. Majumdar, learned Advocate for the applicant/assesses.2. Since the issue involved is same, it is disposed of by a common order.3. The assessee has filed applications for a stay of the penalty proceedings under Section 18(1)(c) of the Wealth Tax Act, 1957 (hereinafter referred to as the said Act) for the assessment years 1990-91, 1991-92 and 1992-93 initiated by the Assessing Officer and communicated to the assessee by letter dated 8.12.2003/15.1.2004 being Annexure P-10 to the applications.4. Mr. Majumdar submitted that the High Court admitted appeals preferred by the assessee under Section 27A of the said Act against the order dated 27.6.2003 passed by the Tribunal for the assessment years 1990-91, 1991-92 and 1992-93, since it found that there were substantial questions of law arising out of the said orders of the Tribunal and the penalty proceedings initiated were relating to the same assessment years. It was submitted that since the said appeals are pending penalty pro...
Jayanta Saha Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Mar-11-2004
Reported in: (2004)2CALLT314(HC),2004(4)CHN105
Sadhan Kumar Gupta, J.1. This revisional application has been filed under Section 482 of the Code of Criminal Procedure praying for quashing of the investigational proceeding of Baranagar P.S. Case No. 144 dated 23.09.2002. After filing of the said revisional application a supplementary affidavit has been filed by the petitioner wherein it has been stated that during the pendency of this proceeding, charge sheet has been illegally submitted against the petitioner and as such, the petitioner has prayed for quashing of the entire proceeding as pending before the learned SDJM, Barrackpur.2. It is the case of the petitioner that the opposite party No. 2 started a partnership business along with the petitioner which is styled as M/s. J.K. Distributors through a Deed of Partnership. Said partnership firm obtained distributorship from Savita Chemicals Ltd. for the purpose of sale and carrying business of lubricating oil under the brand name 'IDEMITSU'. The clearing and forwarding agent of sai...
State Vs. Jane Alam and anr.
Court: Kolkata
Decided on: Mar-11-2004
Reported in: 2004(3)CHN171
Nure Alam Chowdhury, J.1. The present appeal is directed against the order of acquittal passed by the ld. Additional Sessions Judge, 1st Court, Burdwan in Sessions Case No. 303/1991 (S. T. 19/1993) on 11.014994. The prosecution case, in brief, is that the de facto complainant's daughter Alina Bibi @ Kali, aged about 22 years, was given in marriage with accused Jane Alam about 1 1/2 years ago according to Mahomedan rites, and at that time Rs. 21,000/- as dowry, gift and ornaments were given. She was subjected to torture by the said accused for more money. On 20.01.1989 at about 3.00 p.m. on coming to learn about her serious injury due to burn, they had been to Katwa Hospital on the next morning and on query she reported that the above accused Jane Alam and her parents-in-law caused her to wear terricot saree, blouse & petticoat and they set fire on her person resulting in her burn injuries. On 23.01.1989 she was transferred to Burdwan Hospital where she expired at about 10.45 p.m. Hence...
Sibaji Mitra Vs. Smt. Prakashwati Chopra and anr.
Court: Kolkata
Decided on: Mar-11-2004
Reported in: (2004)2CALLT555(HC)
1. The Court: This is an application under Chapter 13A of the Original Side Rules. The plaintiff is the executor, heir, legal representative and a legatee of the last Will and testament of his father, late Sachindra Nath Mitra.2. Mr. Pratap Chatterjee, learned senior counsel, appears for the plaintiff. He submits that in the capacity of executor the plaintiff has filed the suit, and in the suit the present application has been filed under Chapter 13A. The suit has been filed for eviction of the defendants from the suit properties. The suit properties were properties of the testator. The plaintiff has applied for probate of the Will. Such application is pending. In the circumstances, on the basis of the ratio of the Division Bench decision of this Court in Prabhat Nath Das v. Ramendra Kumar Saha, ILR 61 1081, the present application may be adjourned for some time. At the present moment, in the absence of probate, the plaintiff will not be entitled to recover the decree, if one is passed...
Monoranjan Mondal @ M.R. Mondal Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Mar-11-2004
Reported in: 2004(4)CHN233,2005CriLJ1098
Dilip Kumar Seth, J.1. The judgment and order dated 12th of February, 2004 passed by the learned Single Judge in W. P. No. 12086(W) of 1999 with CAN 712 of 2004 dismissing the writ petition is under challenge in this appeal. In the writ petition, the appellant had prayed for quashing of the First Information Report (FIR) dated 24th May, 1999 lodged against him.Submission of the appellant:2. Mr. Saktinath Mukherjee, learned Senior Counsel appearing on behalf of the appellant, made it clear that the challenge was not on the ground that the FIR does not make out a case but altogether on a different ground viz. that no proceeding can be taken or investigation can be undertaken except on the First Information Report viz. the report conveying the information for the first time to the investigating authority. An investigation initiated on the basis of a subsequent FIR is wholly incompetent. There cannot be successive FIR. There cannot be successive investigation or fresh investigation on the ...
Bhabi Properties (P) Ltd. Vs. Dy. Cit and ors.
Court: Kolkata
Decided on: Mar-11-2004
Reported in: [2004]267ITR583(Cal)
Soumitra Pal J.Heard. Mr. Majumdar, the learned advocate for the applicant/assessee.Since the issue involved is same, it is disposed of by a common order.2. The assessee has filed applications for a stay of the penalty proceedings under section 18(1)(c) of the Wealth Tax Act, 1957 (hereinafter referred to as 'the Act'), for the assessment years 1990-91, 1991-92 and 1992-93 initiated by the assessing officer and communicated to the assessee by letter dated December 8, 2003/January 15, 2004, being annexure P10 to the applications.3. Mr. Majumdar submitted that the High Court admitted the appeals preferred by the assessee under section 27A of the said Act against the order dated June 27, 2003, passed by the Tribunal for the assessment years 1990-91, 199192 and 1992-93, since it found that there were substantial questions of law arising out of the said orders of the Tribunal and the penalty proceedings initiated were relating to the same assessment years. It was submitted that since the sa...
Pawan Bagaria Vs. Gontermann-peilpers (India) Ltd.
Court: Kolkata
Decided on: Mar-10-2004
Reported in: 2004(3)ARBLR158(Cal),(2004)2CALLT466(HC)
J.K. Biswas, J.1. The defendant in Civil Suit No. 390 of 2003 has filed this application (G.A. No. 101 of 2003) dated January 3rd, 2003. It prays for rejection of the plaint, and in the alternative, for referring the disputes involved in the suit to arbitration in view of Section 8 of the Arbitration and Conciliation Act, 1996. The plaintiff has filed opposition dated March 21st, 2003. The defendant has filed a reply dated March 26th, 2003.2. Mr. Chatterjee, learned counsel for the defendant, has raised three contentions--(1) the plaint does not disclose a cause of action against the defendant; (2) the suit is barred by law; (3) the contract on which the suit is based contains an arbitration agreement, and hence the parties should be referred to arbitration. Mr. Tiwari, learned counsel for the plaintiff, has refuted these contentions.3. Mr. Chatterjee first submits that admittedly, the defendant purchased M.S. melting scraps from M/s. Shree Balaji Steels having it place of business at ...
Anima Biswas Vs. Dipanker Biswas
Court: Kolkata
Decided on: Mar-10-2004
Reported in: 2004(4)CHN93
Asit Kumar Bisi, J. 1. Mr. Tapan Kumar Rakshit, learned Advocate, appears for the petitioner, Mr. Puspal Satpati, learned Advocate, appears for opposite party No. 1. None appears on behalf of opposite party No. 2.2. Heard Mr. Rakshit for the petitioner and Mr. Satpati for opposite party No. 1.3. This revision application has been preferred by the petitioner, Smt. Anima Biswas, against the judgment and order dated 24.12,98 passed by the learned Judicial Magistrate, 2nd Court, Krishnanagar, Nadia, in Misc. Case No. 408(IV) of 1995 corresponding to T. R. No. 18 of 1996.4. By the judgment and order impugned, the learned Magistrate dismissed the application for maintenance, under Section 125 of the Code of Criminal Procedure, filed by the petitioner against opposite party No. 1, Dipanker Biswas.5. On hearing the learned Advocates for the parties and going through the materials on record, I find that the petitioner filed the application under Section 125 Cr. P. C. claiming maintenance from o...
Capital One Financial Corporation Vs. Capital One Private Ltd. and ors ...
Court: Kolkata
Decided on: Mar-10-2004
Reported in: (2004)3CALLT450(HC)
J.K. Biswas, J.1. This is an interlocutory application by the plaintiff in its passing off action. The prayers in this application are as follows:'a) Interim order of injunction restraining the respondents, their agents, assigns employees, servants, dealers, retailers and all persons acting on their behalf or under them from passing off their goods and/or service and/or business by marketing, selling, advertising, or otherwise dealing in goods/services under the trade mark/name 'CAPITAL ONE', or otherwise using the expression CAPITAL ONE, whether in isolation or in conjunction with any other word/expression, in respect of any goods or services or as corporate name or domain name or in any other manner whatsoever;b) Ad interim order in terms of prayer (a) above; c) Receiver;d) costs;e) Any other order or orders as this Hon'ble Court deems fit and proper in the facts and circumstances of the present case be passed in favour of the petitioner and against the respondents.'2. The plaintiff ...
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