Kolkata Court June 2004 Judgments
Santipada Muhuri Vs. State
Court: Kolkata
Decided on: Jun-30-2004
Reported in: 2004(4)CHN303
1. Mr. Santipada Muhuri by this application under Section 482 of the Code of Criminal Procedure has prayed for quashing of the order dated 28.4.97 passed by the Additional Sessions Judge, Islampur, district Uttar Dinajpur in Sessions Case No. 4/96 arising out of Goalpukur P. S. Case No. 173 dated 23.12.92 corresponding to G. R. Case No. 911 of 1992. By the said order the Additional Sessions Judge framed charge under Section 498A/302 of IPC against Prabir Kumar Muhuri and under Section 498A of the IPC against the present petitioner Santipada Muhuri. Immediately after filing of this application this Court by an order dated 20.6.97 directed service of the application on the opposite party, and ordered that the trial of the accused Santipada Muhuri be separated and the trial against Prabir Kumar Muhuri be proceeded. It was further directed that the trial of Santipada Muhuri in the separate case be stayed till the disposal of this application.2. In view of the said order dated 20.6.97 the t...
Tag this Judgment!Menoka Malik and ors. Vs. State and ors.
Court: Kolkata
Decided on: Jun-30-2004
Reported in: 2004(4)CHN662
Pradip Kumar Biswas, J.1. This is an application under section 397 of the Code of Criminal Procedure filed at the instance of Smt. Menoka Malik and three others as petitioners seeking for setting aside of the judgment and order dated 15lh December, 2001 passed by the ld. Sessions Judge, Burdwan in Sessions Case No. 91 of 1998 [Sessions Trial No. 10(7) of 2000] and for sending back the aforesaid case for rehearing.2. The short facts leading to the filing of this revisional application are as under:Petitioner No. 1 as de facto complainant made a statement before the police on 31.05.1993 which was reduced in writing and treated as the First Information Report and based on that the Memari P. S. Case No. 82/93 dated 31.05.1993 was registered under Sections 147/148/149/342/448/325/326/436/379/307/302 of the Indian Penal Code.3. It was alleged in the First Information Report that in the Panchayat Election of the locality, the candidates of the political party (IPF) lost the election to the ca...
Tag this Judgment!Murari Mohan Koley Vs. the State and anr.
Court: Kolkata
Decided on: Jun-30-2004
Reported in: (2004)3CALLT609(HC)
Pradip Kumar Biswas, J.1. This is an application under Section 401 read with Section 482 of the Code of Criminal Procedure filed at the instance of Sri Murari Mohan Koley, petitioner herein, praying for setting aside of an order dated 11.09.2002 passed by Sri P. P. Roy, learned Sub Divisional Judicial Magistrate, Howrah, whereby he has taken cognizance of the offence under sections 314/201 of the Indian Penal Code and/or for quashing the impugned proceeding being G.R. Case No. 245 of 2001 dated 06.11.2001 under Section 314 of Indian Penal Code.2. The short facts leading to the filing of this revisional application reads as under:3. The petitioner herein, is an authorised Medical Practitioner as described under the Medical Termination of Pregnancy Act, 1971 (hereinafter referred to as the 'Act of 1971') and is a public servant and in charge of the Family Planning Department of Howrah General Hospital and also the Bed-in-Charge (Visiting Gynaecologist) and the petitioner is an MBBS (Cal)...
Tag this Judgment!Dalhousie Institute Vs. Assistant Commissioner, Service Tax Cell
Court: Kolkata
Decided on: Jun-30-2004
Reported in: 2005(180)ELT18(Cal),2006[3]STR311
Kalyan Jyoti Sengupta, J.1. In this case the applicant initially having accepted the applicability of the Finance Act, 1994 as amended by Finance Act, 1997 (hereinafter referred to as the aforesaid Act) to it, the club/petitioner has asked for a declaration that the said Act does not apply. So, they prayed for quashing and rescinding of the communications letters dated 21st October, 1997, 12th October, 1998 and November 26, 1998 and also the Registration Certificate dated 19th November, 1997. The short fact of the case is that the petitioner No. 1 is a body, formed under the West Bengal Societies Registration Act, 1961 by its members and with an object to achieve various purposes as mentioned in the object Clause of its bye-laws. It is stated that the petitioner No. 1 is non-profit making body and extends amenities and facilities to its members only and/or their guests. In the bye-laws there is no provision for allowing the outsider to participate in the club function and affairs excep...
Tag this Judgment!K.R. Modi and Co. Vs. Deputy Director of Income-tax (investigation) an ...
Court: Kolkata
Decided on: Jun-30-2004
Reported in: (2005)195CTR(Cal)45,[2005]272ITR587(Cal)
Kalyan Jyoti Sengupta, J.1. The petitioner being a partnership firm and an assessee of the income-tax initially challenged the search warrant dated December 16, 1999, search and panchanama dated December 17, 1999, notice dated December 20, 2000, order dated December 29, 2000 and order dated December 14, 2001, and all proceedings, notices and orders relating thereto and thereunder. When the writ petition was filed the prayer made therein was very relevant. Now after affidavit-in-opposition having been filed, it appears to me that the challenge against the search warrant and panchanama dated December 17, 1999, and notice dated December 20, 2000, have now become infructuous in view of the stand taken by the Revenue in the affidavit-in-opposition that the proceedings Under Section 158BC of the Income-tax Act, 1961 (hereinafter referred to as 'the said Act'), as against the petitioner have been dropped. In view of dropping of the proceedings now the question remains as to whether seized boo...
Tag this Judgment!Karunasindhu Masanta Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-30-2004
Reported in: (2005)1CALLT380(HC)
Pratap Kumar Ray, J.1. Heard the learned advocate appearing for the parties.2. In the instant case, the petitioner has assailed the order dated 26th November, 2002 issued under Memo No. 568/1(S)-CC passed by the Director of School Education, West Bengal whereby and whereunder the pay fixation as was earlier done by the District Inspector of Schools (SE) Midnapore vide Memo No. 4774-S dated 22nd December, 1988 considering the petitioner's qualification as M.A. in Bengali and diploma in English education by fixing Rs. 625/- with effect from 1.4.81 was modified by fixing the admissible pay as Rs. 600/- with effect from 1.4.81 on interpreting the circular letter being Memo No. 171-Edn.(B) dated 15th May, 1984, the concerned memo formulating the guidelines to fix the pay scale on qualification diploma in English literature. It is submitted by the learned advocate for the petitioner that since the petitioner was deputed to undergo training in diploma in English literature at the Institute of...
Tag this Judgment!W.H. Brady and Co. Ltd. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-29-2004
Reported in: 2004(4)CHN528,[2005(106)FLR91]
Amitava Lala, J. 1. It appears to this Court that in spite of repeated service no-one appeared on behalf of the workman. State opposed this application on behalf of the employer who has challenged the order impugned beingOrder No. 22 dated 24th April, 2003 passed by the learned Judge of the Second Labour Court, West Bengal. Since the point agitated before this Court is a question of law, this Court does not feel like to give any direction for filing affidavits. The entire submission is restricted in the order impugned. The order impugned is quoted hereunder :'Order No. 22 dated 24.4.03.Learned representative for the O. P. appears and files further copies of documents. Copy served. Learned rep. for the O.P. files a petition praying for hearing the maintainability points first before going into the merits of the case on the ground stated therein. Otherside receives copy with objection. Let the petition be kept with the record and the matter be placed for hearing after disposal of issue N...
Tag this Judgment!idcol Cement Ltd. Vs. P. Roy Chowdhury and Company and ors.
Court: Kolkata
Decided on: Jun-29-2004
Reported in: 2005(1)CHN158
Subhro Kamal Mukherjee, J.1. The plaintiff instituted this C. S. No. 298 of 2001, inter alia, praying for a decree for Rs. 22,84,357.18 paise as against the defendant Nos. 1 to 3 jointly and severally; decree for Rs. 16,71,252.72 paise as against the defendant Nos. 4 to 16 jointly and severally; mandatory injunction directing the defendant Nos. 1 to 3 and each one of them to render true and faithful accounts of all the dealings and transactions entered into by the defendant Nos. 1 to 3 as the agent of the plaintiff and for the decree for such sum as might be found due and payable upon such accounts being taken; mandatory injunction directing the defendant Nos. 1 to 3 to allow inspection of the stocks, books and registers of the said defendants maintained in connection with the dealings and transactions entered into by defendant Nos. 1 to 3 as the agent of the plaintiff, interim interest and interest upon judgment at the rate of 24% per annum.2. The plaintiff alleged in the plaint that ...
Tag this Judgment!In Re: Jaya Computers and Software Ltd.
Court: Kolkata
Decided on: Jun-29-2004
Reported in: [2005]57SCL244(Cal)
Ashim Kumar Banerjee, J.1. One Ranjan Goenka of the company above named and one Amarjot Singh Lamba, the petitioner No. 2 were close friends. The parties have entered into a memorandum of understanding on February 13, 2001 to the effect that the petitioners would supply software device to the company and the company in turn will pay a sum of Rs. 25 lakhs in cash and Rs. 25 lakhs by way of allotment of shares in the company above named. According to the petitioner a sum of Rs. 2.74 lakhs was paid in a phased manner leaving a balance sum of Rs. 22.26 lakhs. According to the petitioner, the shares have not been allotted. The first statutory notice of demand was issued on August 6, 2002. The same was replied to by the company through its advocate-on-record on August 28, 2002 wherein the company for the first time raised various disputes with regard to the working of the arrangement as stipulated in the memorandum of understanding. According to the company, the software was not complete and...
Tag this Judgment!Union of India (Uoi) Vs. Nandalal Kushwaha and ors.
Court: Kolkata
Decided on: Jun-29-2004
Reported in: 2005(1)CHN594,2004(176)ELT78(Cal),[2005]64SCL342(Cal)
D.K. Seth, J.Background:1. An appeal under Section 52(2) of the Foreign Exchange Regulation Act, 1973 (1973 Act) was pending before the Board when the Foreign Exchange Management Act, 1999 (1999 Act) came into force. By reason of Section 49 of 1999 Act, the 1973 Act stood repealed and the Board constituted under Section 52(1) of the 1973 Act stood dissolved. Sub-section (5) clause (b) of Section 49 of the 1999 Act provided that such appeal pending before the Board on the constitution of the Tribunal shall stand transferred to and be disposed of by the Appellate Tribunal, so constituted under the 1999 Act. In the present case, the appeal preferred by the respondent before the Board has since been transferred to the Tribunal and this appeal has been preferred to this Court after the expiry of 120 days from the communication of the order passed by the learned Tribunal. Accordingly, an application under Section 5 of the Limitation Act has been made.Objection to the applicability of Section...
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