Kolkata Court June 2004 Judgments
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New India Assurance Co. Ltd. Vs. Naba Kumar Mondal and anr.
Court: Kolkata
Decided on: Jun-28-2004
Reported in: 2005(3)CHN524
1. In spite of service of notice of this appeal upon the respondent No. 2, the owner of the vehicle, no one is appearing on behalf of him.2. The short question, that arises for consideration, in this appeal, is whether, in view of the provisions of Section 149(2)(i)(a) of the Motor Vehicles Act, 1988 (hereinafter called as the said Act) where the offending vehicle was insured as a private vehicle with limited use by the insured for his personal, domestic, pleasure and own business purposes, the insurer could be made liable for payment of compensation for the death of a person who was travelling in the said vehicle upon payment of fare.3. In this case the fact of the accident as occurred on 10.6.1999 was proved in evidence. The appellant-insurer before the Claims Tribunal took a specific plea that the offending vehiple was insured with the insurer for the use by the owner as his private car and not for carrying passengers on hire. In support of such plea, the appellant insurer had filed...
Kolkata Municipal Corporation Vs. Harbans Lal Malhotra and Sons Pvt. L ...
Court: Kolkata
Decided on: Jun-28-2004
Reported in: 2006(3)CHN237
Alok Kumar Basu, J.1. Both sides are present at the time of resumed hearing. After hearing, the learned Advocate for the appellant Kolkata Municipal Corproation and the opposite party on the last occasion the points for determination arose whether the Tribunal in its order impugned in this application was justified for the purpose of making annual valuation of the property in dispute to treat the vacant land as part of the building standing on it.2. Mr. Das Adhikary submits that the Tribunal in its order relied on earlier assessment for the third quarter of 1976-77 and third quarter of 1982-83 to hold that in earlier assessment vacant land was not treated as a separate unit for assessment of valuation, but, according to Mr. Das Adhikary, this observation of the Tribunal was neither legal nor justified simply because in the 1980 Act there has been Section 174(2) read with sub-Section (4A) which would come to indicate that under Section 174(1) there must be separate assessment for the pu...
Lala Shyamlal JaIn Ship Breaking Co. Pvt. Ltd. and ors. Vs. State of W ...
Court: Kolkata
Decided on: Jun-26-2004
Reported in: 2004CriLJ4067
ORDERPradip Kumar Biswas, J.1. In C.R.R No. 303 of 2003, petitioner No. 1 Lala Shaymlal Jain Ship Breaking Co. Pvt. Ltd. and six others have filed one application under Section 482 of the Code of Criminal Procedure seeking for quashing of Charge sheet under Section 198 dated 27-11-2002 under Sections 420/403/ 406/421/422/120B of the Indian Penal Code pending before the Ld. Sub Divisional Judicial Magistrate, Howrah (Sadar) in connection with G.R. Case No. 85 dated 15-5-2002 under Sections 420/403/406/421/ 422/120B of the Indian Penal Code.2. Similarly, in C.R.R. No. 304 of 2003. M/s. Amar Steel Industries and six others have also filed another application under Section 482, of Cr.P.C. seeking for quashing of the charge sheet No. 199 dated 27-11-2002 under Sections 420/421/422/ 403/406/120B of I.P.C. now pending before the Ld. S.D.J.M., Howrah (Sadar) in connection with G.R. Case No. 790 dated 15-5-2002 under Sections 420/403/406/421/422/ 120B of I.P.C.3. The broad facts of challenge in...
Asim Bhattacharya Vs. Smt. Saswati Bhattacharya Chakraborty
Court: Kolkata
Decided on: Jun-25-2004
Reported in: (2004)3CALLT243(HC)
A.K. Bhattacharya, J.1. The hearing stems from an application filed by the petitioner praying for revision of the order being No. 25 dated 07.03.2003 passed by the learned Additional District Judge, 3rd Court, Alipore in Misc. Case 3 of 2002 arising out of MAT Suit No. 28 of 2001.2. The circumstances leading to the present revision are that the O.P./ wife instituted the said suit for divorce and filed an application under section 24 of the Hindu Marriage Act, 1955, being registered as Misc. Case 3 of 2002, on 15.01.2002 praying for alimony pendente lite @ Rs. 3,000/- p.m. and litigation cost of Rs. 5,000/-. After considering the facts, circumstances and evidence on record, the learned Court below, by the impugned order, granted Rs. 2,000/- p.m. as alimony pendente lite and Rs. 5,000/- as litigation cost.3. Being aggrieved by and dissatisfied with the said order, petitioner/ husband has preferred the present revision.4. Mr. S.P. Roy Chowdhury, learned counsel for the petitioner, on refe...
Swapan Kumar Dutta Vs. Bimala Devi Shaw Alias Jaiswal and ors.
Court: Kolkata
Decided on: Jun-25-2004
Reported in: (2004)3CALLT414(HC)
A.K. Basu, J.1. An interesting point of law has been raised through this application filed under Article 227 of the Constitution of India and the said point of law relates to the question as to whether the principle of concurrent lease is applicable in India notwithstanding the provisions of section 54 of the Transfer of Property Act.2. The background of the present hearing may be briefly narrated in this way:One Sanjib Shaw alias Saha filed Ejectment Suit No. 222 of 2000 in the Small Causes Court, Calcutta against the present opposite parties. During pendency of that Ejectment suit the present petitioner Swapan Kr. Dutta filed an application before the trial Court under Order 22 Rule 10 read with section 151 of the Code of Civil Procedure for impleading his name as plaintiff in place of original plaintiff Sanjib Shaw alias Saha on the ground that during the pendency of the suit said Sanjib Saha has executed a deed of lease regarding the entire property including the suit property and ...
Jagadhatri Rice Mills Vs. Food Corporation of India and anr.
Court: Kolkata
Decided on: Jun-25-2004
Reported in: I(2005)BC584,(2004)3CALLT320(HC)
A.K. Bhattacharya, J.1. The hearing stems from an application filed by the petitioner M/s. Jagadhatri Rice Mills, hereinafter referred to as the said Mills, praying for revision of the order dated 16.08.2002 passed by the learned District Judge, Hooghly in Miscellaneous Appeal No. 47/2001 arising out of order No, 68 dated 17.03.2001 passed by the learned Civil Judge (Senior Division), 1st Court, Hooghly in Miscellaneous J. Case No. 10 of 1992.2. The circumstances leading to the above revision are that there was an agreement dated 17.12.1971 between the petitioner and Food Corporation of India, respondent No. 1, hereinafter referred to as the respondent, for milling of paddy by the former and delivery of the milled rice to the latter. One of the terms of the said agreement was that all disputes and differences concerning the agreement shall be referred to the sole arbitration of any person appointed by the Managing Director of the respondent. The respondent vide its letter dated 22/24.0...
Sandip Kumar Samanta Vs. Dilip Kumar Samanta and anr.
Court: Kolkata
Decided on: Jun-25-2004
Reported in: (2004)3CALLT545(HC)
A.K. Bhattacharya, J.1. The hearing stems from an application filed by the petitioner praying for revision of the order being No. 46 dated 01.08.2002 passed by the learned Civil Judge (Sr. Division), 2nd Court, Howrah in T.S. 47 of 1999.2. The circumstances leading to the above revision are that the present petitioner, O.P. No. 1 and their younger brother Pradip Kumar Samanta purchased 3 cottahs of bastu land within municipal holding No. 46/1, Kamini School Lane, Salkia, Dist. Howrah by a deed dated l2.08.1972. and constructed a two-storeyed building thereon. Due to inconvenience in using the said property jointly, the said O.P./defendant instituted a suit being T.S. 160 of 1995 in the Court of learned Assistant District Judge, 2nd Court, Howrah for partition which was disposed of on compromise, and the 'Kha' schedule property was allotted to the O.P./ defendant, 'Ga' schedule to the petitioner and 'Gha' to Pradip. The said 'Kha' schedule is to the contiguous south-west of the allotted...
Bhola Shankar Cold Storage Pvt. Ltd. Vs. Joint Commissioner of Income- ...
Court: Kolkata
Decided on: Jun-24-2004
Reported in: (2004)192CTR(Cal)625,[2004]270ITR487(Cal)
R.N. Sinha, J.1. This appeal was admitted on the question whether, on the facts and circumstances of the case, section 68 of the Income-tax Act, 1961, could be invoked against the company floating the shares even if it is on the facts found that the applicants who had been allotted shares are not genuine inasmuch as the applicant or the person who had paid the money would be the person against whom section 68 would be invoked not the assessee until the link between the assessee-company and the shareholders' unaccounted money is established and thus it could not be regarded as undisclosed income of the assessee.The assessee-company during the financial year 1995-96 relating to the accounting year 1996-97 introduced share capital to the tune of Rs. 29/54/000. Most of the share applicants are of rural areas of Burdwan district in West Bengal. The Assessing Officer proceeded to verify the genuineness of such huge share capital introduced. He issued summons under section 131 of the Income-t...
Dilip Chand Kankaria Vs. Pradip Kumar Ghosh and ors.
Court: Kolkata
Decided on: Jun-24-2004
Reported in: (2004)3CALLT233(HC),[2005]128CompCas803(Cal)
A.K. Ganguly, J.1. This appeal arises out of an Order dated 20.06.03 passed by the learned Judge, 9th Bench, City Civil Court at Calcutta holding therein that the plaintiff/appellant has chosen a wrong forum in filing the plaint before the Civil Court at Calcutta and the learned Judge directed that the plaint along with all documents be returned to the plaintiff/ appellant in view of the provisions of Order 7 Rule 10 of the Civil Procedure Code, 1908 for being presented before the appropriate forum.2. The material facts of the instant case, which led to the said order, are as follows :A suit, being Title Suit No. 213 of 2002, for declaration and injunction was filed by the plaintiff/appellant in the City Civil Court at Calcutta alleging therein various mis-management in the affairs of the Company, namely Northern Properties Private Ltd., (hereinafter referred to as the 'said Company). It is not in dispute that the said Company was incorporated under the Companies Act, 1956 on or about ...
Sri Asim Chatterjee Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-24-2004
Reported in: (2004)3CALLT247(HC)
P.K. Chattopadhyay, J.1. The petitioner herein has challenged the order of termination dated 8th May, 2000 issued by the Chief Executive Officer of the Burdwan Central Co-operative Bank Limited in pursuance to the resolution of the Board of Directors of the said bank.2. It has been alleged on behalf of the petitioner that the respondent authorities herein have terminated the service of the petitioner illegally, wrongfully and in violation of the prescribed service rules as applicable to the petitioner herein. The learned counsel of the petitioner submits that the acts of misconducts were allegedly committed by the petitioner while serving as an employee of a different organisation before joining the services of the respondent Burdwan Central Co-operative Bank Limited.3. It has also been alleged on behalf of the petitioner that the respondent Burdwan Central Co-operative Bank Limited being the subsequent employer had no lawful jurisdiction and/or authority to initiate the disciplinary p...
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