Kolkata Court April 2004 Judgments
Union of India Vs. Kamrup Industrial Gases Ltd.
Court: Kolkata
Decided on: Apr-29-2004
Reported in: 2004(3)ARBLR618(Cal),(2004)3CALLT179(HC)
D.K. Seth, J.1. The defendant/appellant, Union of India, entered into an agreement with the plaintiff/respondent, Kamrup Industrial Gases Limited, for purchase of Oxygen and Acetylene industrial gases on the terms and conditions contained therein. Pursuant to the said agreement, the plaintiff was allowed to install a plant for manufacturing of the industrial gases for supply to the defendant on a site allotted by the defendant within its factory premises agreeing to purchase the entire production. In consideration the defendant agreed to supply water and electricity to the plaintiffs plant on the terms and conditions stipulated. The said agreement also contained an agreement for arbitration.1.2. In the present appeal arising out of an award passed by the umpire purported be acting on the basis of the arbitration agreement in respect of the dispute relating to supply of electricity by the defendant to the plaintiff. We are, therefore, confined only in relation to the supply of electrici...
Tag this Judgment!Employees' State Insurance Corporation Vs. Ramadhar Jaiswal and Anr.
Court: Kolkata
Decided on: Apr-29-2004
Reported in: [2004(102)FLR1002],(2004)IIILLJ998Cal
Alok Kumar Basu, J.1. In spite of service of notice, nobody appears on behalf of the opposite parties to contest this application which has been filed by the Employees' State Insurance Corporation challenging Order No. 18, dated February 7, 1997 and order No. 21 dated August 19, 1997, passed by the learned Judge, Employees' Insurance Court, West Bengal in Case No. 97 of 1994. 2. Opposite party No. 1 Sri Ramadhar Jaiswal being an employee under opposite party No. 2 Texmaco Ltd., approached the Employees' Insurance Court for giving necessary direction to the Corporation for referring the case of the opposite party No. 1 to the Medical Board for assessment of his disability so that he can get the benefit of the Act.3. Opposite party No. 2, in course of the; proceeding filed its written statement. The learned Judge of the Employees' Insurance Court did not under objection raised by the Corporation that said Ramadhar Jaiswal cannot be considered to be an employee for getting the; benefit un...
Tag this Judgment!Sri Dipak Kumar Sarkar Vs. Sm. Sima Sarkar
Court: Kolkata
Decided on: Apr-29-2004
Reported in: (2005)1CALLT162(HC),I(2005)DMC577
Joytosh Banerjee, J.1. The instant appeal is directed against the judgment and decree of dismissal dated 23.3.91 passed by the Additional District Judge, 11th Court, Alipore in Mat. Suit No. 72/86.2. Briefly stated the facts and circumstances leading to filing of the instant appeal are as follows:The petitioner Dipak Kumar Sarkar filed an application mainly praying for a decree of divorce dissolving the marriage between the petitioner and the respondent, Sima Sarkar. In the original petition, the petitioner alleged that the marriage between the parties was solemnized according to Hindu rites at Sodepur within P.S. Khardah in the District of 24-Parganas (at present North 24-Parganas) in the father's house of respondent on 6th of December, 1976. The marriage between the parties was a negotiated one. It was alleged there that the parties lived together as husband and wife till the end of January, 1984 and out of the wedlock a female and a male children were born. At the time of filing the...
Tag this Judgment!Nirmmal Kumar Bothra and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-29-2004
Reported in: 2005(2)CHN88
Sadhan Kumar Gupta, J.1. This revisional application has been filed under Section 397/401 read with Section 482 of the Cr. PC. The case of the petitioners is that petitioner No. 4 is a company, registered under the Companies Act, 1956 and is engaged in the business of manufacturing and sale of tea. Petitioner Nos. 1 & 2 are the Directors and the petitioner No. 3 is the Sale Supervisor of the said company. South Port Police Station Case No. 124 of 1993 dated 14.05.1993 under Section 120B/272 of the Indian Penal Code was registered against the petitioners on the basis of G. D. Entry No. 1100 dated 14.05.93 by the Sub-Inspector Shri B. Saha. It was alleged in the said G. D. Entry that the complainant received an information to the effect that one Ganesh Prosad with his associates were running a business of adulteration of tea inside a warehouse situated at P-4/4, Watgunge. On the basis of the said information, the police party left the police station for raiding the said warehouse along w...
Tag this Judgment!V.T.R Marketing Vs. Asstt. Cit
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Apr-28-2004
Reported in: (2005)1SOT205(Kol.)
This appeal by the assessee for the assessment year 1994-95 is directed against the order of the CIT (A). The revised grounds of appeal filed by the assessee are as under:- "1. The learned CIT (A)-XlX, Kolkata erred in confirming the action of the assessing officer in treating of the loans of Rs. 1 lakh received from two loan creditors as unexplained credit under section 68 of the Income Tax Act in the hands of the appellant firm.2. The learned CIT (A) erred in confirming the disallowance of interest amounting to Rs. 11,154 paid to the two loan creditors." The learned counsel for the assessee stated that the assessee had discharged its onus by filing loan confirmations from the two creditors who are existing income-tax assessees. The loans were received through banking channel and are genuine. The learned counsel has relied on the Confirmation of Statement of Accounts of the creditors wherein the creditors have confirmed the transactions and have also mentioned their income-tax assess...
Tag this Judgment!Jayanta Kumar Banerjee Vs. Uco Bank and ors.
Court: Kolkata
Decided on: Apr-28-2004
Reported in: 2004(3)CHN380
Amit Talukdar, J.1. Should the Writ Court shrink to the suggestion that the relief sought for by the petitioner is covered with a tapestry of civil nature? Or should it shy away from the suggestion that there exists a viable and efficacious alternate remedy?2. Either of those, if true, shutters have to be rolled down on the face of the petitioner who has claimed the following relief:'A writ of and/or in the nature of Mandamus commanding the respondent Nos. 1 to 6 to cancel, rescind and/or withdraw the communication dated 9.10.92, being Annexure 'K' herein, and to take immediate steps for fixation of rent payable in respect of the premises in question with effect from the expiry of the original lease deed i.e. from 30th September, 1987 and then to enhance the same at an interval of every 5 years in terms of the directives and/or guidelines issued by the respondent No. 8 as mentioned in Annexure 'A' herein; keeping in mind the prevailing market rate.'3. Prior to slamming the heavy Doors ...
Tag this Judgment!Sukdeb Das and ors. Vs. Kumari Samanta and ors.
Court: Kolkata
Decided on: Apr-28-2004
Reported in: 2004(3)CHN565
Ashok Kumar Mathur, C.J.1. We have heard the learned Counsel for the parties and perused the impugned order dated 18.2.2004.2. The learned Counsel for the appellants submits that the respondent/writ petitioner No. 1 is not the owner of the land comprising plot No. 547 of Mouza Kakharda and she is only the owner of 1 dec. of land out of this plot and there are other owners of the said land.3. Be that as it may we direct that in case the respondent/writ petitioner No. 1 does not give her consent for drawing the power line then the power line cannot be drawn over the land of the respondent/writ petitioner No. 1. However it will be open for the appellant/State Electricity Board to draw transmission line from the plot of others with their consent and in accordance with law.4. With the above observations the application for stay and the appeal treating the same as on day's list stand disposed of.5. No order as to costs....
Tag this Judgment!Windson Electronics Pvt. Ltd. and anr. Vs. Union of India (Uoi) and or ...
Court: Kolkata
Decided on: Apr-27-2004
Reported in: (2004)191CTR(Cal)542,[2004]269ITR481(Cal)
Kalyan Jyoti Sengupta, J.1. This batch of petitions raises common question of fact and law with an insignificant variation. In all these cases the petitioners herein have prayed for a writ of mandamus commanding respondents Nos. 1 to 6 to restrain from appropriating and/or withdrawing any amount lying in favour of the petitioners from respondent No. 7 and further in particular appropriating and/or withdrawing any amount in respect of the several managers' cheques all dated February 19, 2004. Further direction has been sought for commanding respondents Nos. 7 and 8 to honour the managers' cheques issued by City Bank drawn in favour of the petitioners as and when presented.2. The common grievance of the petitioners is that despite presentation of the managers' cheques, the bank authorities are not honouring because of the preventive and obstructive action being taken by the Revenue authorities. The petitioners and each of them at an earlier point of time came to this court for identical ...
Tag this Judgment!State of West Bengal and anr. Vs. Pintu Nandi and ors.
Court: Kolkata
Decided on: Apr-27-2004
Reported in: 2005(1)CHN277
Soumitra Pal, J.1. Instant appeal arises out of an order dated 8.8.1997 passed by the learned Trial Judge, inter alia, granting liberty to the Chairman to comply with the Court's order by issuing an appointment letter in favour of the petitioner by 19.9.1997.2. The facts are that Gangadhar Nandy, the Headmaster of a school and father of the respondent/ writ petitioner died on 21.12.1991 at the age of 62 years and 21 days, that is, after he was superannuated at the age of 60 years. At the time of death the said Gangadhar Nandy was on a third extension on his prayer for extension of such service. After the death of the said Gangadhar Nandy, his son filed an application for being appointed as an Assistant Teacher as a dependent heir or ward of a teacher who died-in-harness. Pursuant to such application his prayer was considered but the respondents declined his prayer for appointment on compassionate ground.3. In such circumstances being aggrieved, the petitioner being the son of the decea...
Tag this Judgment!Dr. Soumyendra Chandra Gooptu Alias Dr. Soumyendra Chandra Gupta Vs. I ...
Court: Kolkata
Decided on: Apr-26-2004
Reported in: (2004)192CTR(Cal)472,[2004]270ITR170(Cal)
M.H.S. Ansari, J.1. The unsuccessful writ petitioner is the appellant before us. The appeal is directed against the judgment and order dated April 27, 1989, whereby writ petition being C. R. No. 5559 (W) of 1997 was dismissed and rule discharged.2. The brief facts of the case are that :For the assessment year 1970-71, the assessee (appellant before us) filed four returns, the first such return was filed on September 29, 1970 and the last such return was filed on July 4, 1974. According to the appellant, assessment could have been made but was not made within March 18, 1976 and, therefore, the Income-tax Officer ceased to have jurisdiction to make any assessment. The assessee was served with a notice dated August 28, 1977, calling upon him to show cause why a penalty should not be levied on him under Section 140A(3) of the Income-tax Act. The reason for such notice is stated to be that the tax payable by the assessee on self-assessment as required under law has not been paid by the asse...
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