Kolkata Court March 2004 Judgments
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Kamal Basu Mazumdar Vs. Usha Bhadra Chowdhury
Court: Kolkata
Decided on: Mar-08-2004
Reported in: AIR2004Cal185,2004(2)CHN383
Ajoy Nath Ray, J.1. This is an appeal from a final decree of partition. The appeal is urged only with regard to the dwelling house, now wholly occupied by the parties, i.e. the appellant brother and the respondent sister.2. Their ancestor, i.e, their father died on the 10th June, 1973, leaving him surviving, his then alive widow and the two parties herein.3. Each of them had undivided 1/3rd share in the house at that time, which was also partly tenanted. Paragraph 8 of the plaint states the fact of such tenancy.4. The partition suit was filed by the widow. Subsequently her 1/3rd share came to the respondent daughter who became the plaintiff and now supports the decree which gives her 2/3rd allotment by way of separation and possession of the partitioned allotment.5. The point urged is Section 23 of the Hindu Succession Act, 1956. The said Section is set out below :'23. Special provisions respecting dwelling houses.--Where a Hindu intestate has left surviving him or her both male and fe...
K. Ganesh Vs. the State
Court: Kolkata
Decided on: Mar-08-2004
Reported in: (2004)2CALLT85(HC),2004(3)CHN78
Asit Kumar Bisi, J. 1. This appeal is by the appellant and it arises out of the judgment and order of conviction and sentence passed by Sri A.B. Mukherjee the learned Judge, Second Special Court, Alipore, 24-Parganas on 28.11.86 in Special Case No. 2A of 1983. By the judgment and order impugned the learned Judge, Second Special Court, Alipore found the accused K. Ganesh presently the appellant guilty of the offence under Section 409 of Indian Penal Code and also under Section 5(1C) read with Section 5(2) of the Prevention of Corruption Act, convicted him and sentenced him to rigorous imprisonment for three years and fine of Rs. 2,000/- in default to further rigorous imprisonment for two months for the offence under Section 409 of Indian Penal Code and further sentenced him to rigorous imprisonment for one year and fine of Rs. 500/- in default to rigorous imprisonment for fifteen days for the offence under Section 5(IC) read with Section 5(2) of the Prevention of Corruption Act. The lea...
Sri Amalesh Maity Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-08-2004
Reported in: (2004)2CALLT490(HC)
P.K. Chattopadhyay, J. 1. The petitioner herein has filed this writ petition challenging the validity and/or legality of the order of dismissal issued by the respondent No. 4 pursuant to the decision of the Board of Directors of the Dakshin Paikbarh Samabay Krishi Unnayan Samity Limited.2. The petitioner was appointed as a Cashier at Baguranjalpai Branch of Dakshin Paikhbarh Samabay Krishi Unnayan Samity Limited. Subsequently, the said petitioner was selected for the post of Branch Cashier and was also appointed as Ledger Keeper (In-charge), Deposit Section, in the Head Office.3. The Chairman of the Dakshin Paikbarh Samabay Krishi Unnayan Samity Limited served a notice upon the petitioner on 11th September 2000 asking him to show cause explaining his conduct in respect of the various allegations and/or misconducts mentioned in the said show cause notice. The petitioner replied to the said show cause notice denying all the allegations mentioned therein.4. Subsequently, the Board of Dire...
Commissioner of Income-tax Vs. Himachal Terepene Products Pvt. Ltd.
Court: Kolkata
Decided on: Mar-08-2004
Reported in: (2004)192CTR(Cal)344,[2004]269ITR538(Cal)
1. The instant reference is at the instance of the Revenue under Section 256(1) of the Income-tax Act, 1961, whereby the following question of law arising out of the order dated September 6, 1993, of the Tribunal in I. T. A. No. 783/Cal of 1990 has been referred for the opinion of this court :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in deleting the addition of Rs. 2,42,342 made under Section 40A(3) of the Income-tax Act, 1961 ?'2. The brief facts of the case are that the Assessing Officer (AO) found that the aforesaid sum of Rs. 2,42,342, break up of which according to the assessee, is as under :Rs.Coal account (freight) 31,860Sales and forwarding 23,750Stores purchase 23,374Raw materials account (freight) 45,547Miscellaneous 40,866Freight 76,945--------2,42,342'--------was paid in cash and, therefore, the Assessing Officer held that the said payments were hit by the provisions of Section 40A(3) of the Income-tax Act, 1961. It was pointed ...
Dr. Basabi Bhattacharya Vs. Jadavpur University and ors.
Court: Kolkata
Decided on: Mar-08-2004
Reported in: (2004)3CALLT301(HC)
P. Ray, J.1. Jadavpur University issued an advertisement being its Employment Notification No.A/2/C/7/2002 inviting application for appointment to various teaching posts including the post of Professor of Applied Economics (Financial Economics) at serial No.l(b) (hereinafter referred to as the 'disputed post'). For the disputed post prescribed essential and desirable qualifications were :Qualification Essential: For the posts of SI. No.l(b) to l(d).An eminent scholar with published work of high quality actively engaged in research with 10 years' of experience in post-Graduate teaching and/or research at the University/National level Institutions, including experience of guiding research at doctoral level.ORAn outstanding scholar with established reputation who has made significant contribution to knowledge.For the post of Applied EconomicsPost Graduate degree in Economics or related relevant disciplines.Desirable: For the post of Sl. No.l(b)Proven ability to teach Economics Theory, rel...
Saraswat Trading Agency Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Mar-04-2004
Reported in: AIR2004Cal267,2004(3)ARBLR492(Cal),(2004)2CALLT604(HC),2005(2)CHN420; AIR2002Cal51(DB)
ORDERJayanta Kumar Biswas, J.1. The Court: This is an application under Section 47 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the CPC'). The judgment-debtor (Union of India, through the General Manager, South Eastern Railway, Garden Reach) has filed this application.2. Briefly stated, the facts relevant for disposal of this application are these. In terms of a contract executed between the judgment-debtor and the award-holder on February 25th, 1886 the award-holder was engaged for handling goods, parcels and luggage booked at Itwari, Kamptee, Kanhan Bhandara Road, Tumsar Road and Tirora Stations. Clause 24(b) of the contract provided as follows:'24(b). The Contractor/Contractors is/are required to give a no claim certificate before the security deposit is refunded to him/ them. The right to claiming any amount or disputing any decision shall be deemed to have been waived as soon as the Security Deposit is received back by the Contractor/Contractors on submission ...
State of West Bengal Vs. Hari Ramalu
Court: Kolkata
Decided on: Mar-03-2004
Reported in: 2004(2)CHN438,2004CriLJ2659
Arun Kumar Bhattacharya, J.1. The hearing stems from an appeal preferred against the order of acquittal passed by the learned Additional Sessions Judge, 6th Court, Midnapore in ST No. VIII of February, 1996 on 28.01.97.2. The miniaturised version of the prosecution is that on 21.08.94 at about 15:45 hrs. on receipt of an information from the SDPO, Haldia regarding the death of Sunita Ramalu (35 years), wife of Sri Hari Ramalu, I.A.S., Chief Executive Officer, Haldia Development Authority, P.S. Durgachak, District Midnapore, who used to stay at his residential bungalow at Basudevpur, P.S. Durgachak with his wife and two minor daughters -- the eldest being Niki, aged about 7 years, the de facto complainant S.I. Kamal Bairagya had been there within ten minutes, found the dead body of Sunita in the first floor south-west room lying on its back with some marks of injuries, on a cot. On receipt of a written information about unnatural death of Memsahib from one Vivekananda Roy, cook of the s...
Madhumita Das Vs. University of Calcutta and ors.
Court: Kolkata
Decided on: Mar-01-2004
Reported in: 2005(1)CHN313
Bhaskar Bhattacharya, J.1. By this writ application, the petitioner, a student of LL.B. Course in the Jogesh Chowdhury Law College under Calcutta University has prayed for the following reliefs:(A) A declaration that the circular as disclosed in Annexure P-10 to this application, which prohibits registration of students under the University of Calcutta, who passed Senior School Certificate Examination from Central Board of Secondary Education through Patrachar Vidyalaya, is violative of Articles 14 and 16 of the Constitution of India and accordingly be struck down.(B) A writ of and/or in the nature of mandamus commanding the respondents to forthwith revoke/set aside/cancel the order of the respondent No. 2 which was communicated to the petitioner vide letter No.ADM/CE/0/2003 dated 26-9-2003;(C) Issue a writ of and/or in the nature mandamus directing the respondents concerned to give registration number to your petitioner as a student of University of Calcutta forthwith;(D) Issue a writ...
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