Kolkata Court July 2004 Judgments
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Manoranjan Das and ors. Vs. Bishnupada Bhattacharya and ors.
Court: Kolkata
Decided on: Jul-22-2004
Reported in: (2004)3CALLT514(HC),2005(1)CHN254
A.K. Mitra, J.1. This Second Appeal has been preferred challenging the judgment and decree dated 28.2.1979 passed by the learned Subordinate Judge VIIIth Court at Alipore in Title Appeal No. 168 of 1978 affirming the judgment and decree dated 27.01.1978 passed by the learned Munsif, 1st Court at Baruipur in Title Suit No. 57 of 1969.2. This appeal arises out of a suit for declaration of title and permanent injunction in respect of suit property.3. The case as has been made out by the plaintiff is inter alia as follows:One Haridas Bhattacharya and his brother Phanibhushan Bhattacharya were the owners of the land recorded in C.S. Khtian No. 212 and Surabala Debi, wife of Haridas Bhattacharya was the recorded owner of C.S. Khatian No. 210/1 of Mouza-Panchghara, P.S.-Baruipur. Phanibhusan died leaving behind him no other heir except his brother Haridas. Accordingly, Haridas became the sole owner of the land in C.S. Khatian No. 212. Plaintiffs are the heirs of Haridas and Surabala and as su...
Sri Swapan Karak Vs. Allahabad Bank and ors.
Court: Kolkata
Decided on: Jul-22-2004
Reported in: (2004)3CALLT631(HC),2005(4)CHN391
Arun Kumar Mitra, J.1. This is an application under Article 227 of the Constitution of India which challenges order dated September 10, 2002 passed in the Case No. DRAT/CAL/8/2002/874 by Hon'ble Mr. Justice Ronojit Kumar Mitra, Chairperson, Debts Recovery Appellate Tribunal, Calcutta affirming the order dated 15th May, 2002 passed by the learned Officer, Calcutta Debts Recovery Tribunal No. 2 in T.A. No. 665 of 2001.2. The Allahabad Bank authorities submitted a claim against the petitioner before the Calcutta Debts Recovery Tribunal No. 2. The said claim case was registered as O.A. No. 149 of 1995.3. In the said claim case the petitioner filed an application under Order VII, Rule 11 of the Code of Civil Procedure. The said application was rejected. The petitioner moved this High Court on an application under Article 227. The High Court passed an Order on the said application under Article 227 and observed that since there is appellate authority over the Tribunal, the petitioner should ...
Tega India Ltd. and ors. Vs. West Bengal State Electricity Board and o ...
Court: Kolkata
Decided on: Jul-22-2004
Reported in: AIR2005Cal62
ORDERSengupta, J. 1. By this application the petitioner consumer being the limited company has challenged the constitutional validity of Clause 16.(1) of the Agreement entered into between the petitioner No. 1 and, the respondent No. 1 to the extent the same mandates Annual Minimum Guarantee Charges (hereinafter referred to in short as 'AMQR') even during the period the petitioner's supply line remains disconnected, and also asks for relief by setting aside and/or quashing the bill for payment Of AMGR for the period 1996-97 and 1997-98.2. The petitioner had been a consumer of bulk supply from the respondent No. 1 for which a written agreement in specified format was entered into between them. Under the format the period of contract was for five years during which neither of the parties could unilaterally determine the same. There was no dispute and differences with regard to the performance of the contractual obligation of the parties mutually till September 1994. The petitioner had pa...
Jagatdal Jute and Industries Ltd. Vs. Dy. Cit
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Jul-21-2004
Reported in: (2004)1SOT210(Kol.)
The assessee is in appeal against the order dated 4-4-2003 passed by the learned Commissioner (Appeal) in the matter of an assessment made under sections 143(3) and 147 of the Income Tax Act, 1961 (hereinafter referred to as the Act) for the assessment year 1996-97.The main issue involved in this appeal is with regard to the disallowance of the following amounts under section 43B of the Act:. (i) Rs.12,47,552 as Provident Fund Contribution. (ii) Rs.5,61,170 as Provident Fund Contribution (Pension Scheme) (iii) Rs.5,14,124 (Rs.5,13,049 + 1,075) as contribution of E.S.I.The effective ground on merit relating to these disallowances raised by the assessee is as under : "For that on the facts and in the circumstances of the case, the learned Commissioner (Appeals) order upholding the disallowances made by learned assessing officer of the sum of Rs.12,47,522 as Provident Fund Contribution, of the sum of Rs.5,61,710 as Provident Fund Contribution (Pension Scheme) and of the sum of Rs.5,14,12...
Sanjoy Kumar Dam Vs. Punjab National Bank and ors.
Court: Kolkata
Decided on: Jul-21-2004
Reported in: (2005)ILLJ529Cal
ORDERJayanta Kumar Biswas, J.1. By order dated January 7, 2002 this writ petition was admitted only regarding its prayer (d). The petitioner abandoned other prayers.2. Prayer (d) of the writ petition reads as follows:'A Writ in the nature of prohibition prohibiting the respondents in (sic) withholding payment of subsistence allowance on the basis of revision of pay'.3. I find that while arguing this case, learned advocates were oblivious of the order dated January 7, 2002. At the time of preparation of the judgment it has come to my notice from the records of the case.4. In view of the order dated January 7, 2002 there is no necessity at all to consider the arguments regarding prayers (a), (b) and (c) of the writ petition.5. The only issue that requires decision is whether with respect to subsistence allowance the petitioner was entitled to get the benefits of the revisions of pay.6. The petitioner was suspended with effect from July 6, 1995. After his suspension the pay scale was revi...
Devadi Rajeshwar Rao Vs. Employees' State Insurance Corporation
Court: Kolkata
Decided on: Jul-20-2004
Reported in: (2005)ILLJ512Cal
Soumitra Sen, J.1. The petitioner has challenged the judgment and order dated October 23, passed by the Employees' State Insurance Corporation. By the said impugned order the learned Court below has assessed the loss of earning capacity to 30%.2. The petitioner contends that in accordance with the Second Schedule Part II Item 10 there has been a complete and permanent loss of the use of his right hand and therefore, he is entitled to be compensated assessing his loss of earning capacity as 60%.3. The petitioner was employed under a contractor deployed in the factory of Hindustan Motors Ltd. On June 17, 1999 while working in the factory the petitioner suffered injury on his right hand. As a result his right hand upto elbow was crushed. Thereafter the petitioner went through extensive medical treatment but his hand was permanently disabled. A Medical Board was formed to assess his disablement. The said Board assessed such disablement at 20% whereas a private Doctor assessed his loss of e...
Chayan Dutta Roy Vs. Chayanika Chatterjee and anr.
Court: Kolkata
Decided on: Jul-19-2004
Reported in: (2005)2CALLT631(HC),2005(1)CHN115
D.K. Seth, J.In Re: CAN 3174 of 20041. We had permitted withdrawal of the Memorandum of Appeal along with the certified copy of the judgment and decree of the lower Court for the purpose of presenting the same before the learned District Judge, Howrah by our order dated 4th March, 2004, It appears that our attention was not drawn to the fact that the said appeal was not governed under Section 388 of Indian Succession Act, on the impression whereof we had granted such permission. The learned Counsel for the respondent, who had lodged caveat before the learned District Delegate in the proceeding under Part IX of the Indian Succession Act, points out that the order cannot be sustained, therefore, he had prayed for recalling of the said order. Notices were directed to be given to the appellant as well as to the learned Counsel representing the appellant. Notices have since been served upon the appellant and affidavit-of-service has since been filed. Acknowledgement Card has since come back...
Commissioner of Income-tax Vs. Ashim Krishna Mondal
Court: Kolkata
Decided on: Jul-16-2004
Reported in: (2004)192CTR(Cal)336,[2004]270ITR160(Cal)
D.K. Seth, J.1. This appeal has been preferred on four grounds of which the fourth one is general and is implicit in ground No. 1. Before we take up ground No. 1, we propose to deal with grounds Nos. 2 and 3, viz. :'II. For that the Income-tax Appellate Tribunal erred in directing that figure of disclosed income of the block period should be taken as per Section 158BB(1)(c) of the Income-tax Act, 1961, the same should be taken as nil.III. For that the Income-tax Appellate Tribunal is wrong in observing in para. 13 of the order that the figure of disclosed income for the purpose of undisclosed income under Section 158BB should be taken as per books of the assessee when there is no legal requirement for the assessee to file his return of income which is in contravention of Section 158BB(1)(c) of the Act.' Grounds Nos. 2 and 3 :In this case in the block assessment after search and seizure held in the previous year 1995-96 ten (10) earlier previous years from 1986-87 were included as law t...
istakuddIn Mondal Alias Haradhan Mondal Vs. the State of West Bengal a ...
Court: Kolkata
Decided on: Jul-16-2004
Reported in: (2004)3CALLT407(HC),2005(4)CHN320
P.K. 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 Istakuddin Mondal alias Haradhan Mondal, petitioner herein, seeking to set aside the order dated 04-07-2000 passed by Sri D. Sarkar, learned Sub-Divisional Judicial Magistrate at Suri, Birbhum whereby the petitioner's prayer for further investigation in connection with Mohammadbazar P.S. Case No. 53/99 dated 19-6-1999 (G.R. Case No. 429/99) was rejected alleging mainly that the learned Magistrate ought to have taken into consideration the materials produced before him by the petitioner which clearly reveal that further investigation of this case should be made by the Investigating Agency but the learned Magistrate having failed to take into consideration those materials and consequent rejection of the prayer will certainly be taken as an attempt by the investigating agency to save the skin of the actual offender from the punishment, required in con...
Kolkata Municipal Corporation Vs. Kamal Hyder Siddique and anr.
Court: Kolkata
Decided on: Jul-16-2004
Reported in: 2005(2)CHN146
Alok Kumar Basu, J.1. Both sides are present in connection with this hearing which arose out of an application filed under Article 227 of the Constitution of India by the Kolkata Municipal Corporation, which shall be referred to hereinafter as the 'Corporation' for the purpose of brevity. The opposite party No. 1 has filed his written objection and the Corporation has also filed reply thereto and both of them be kept on record.2. A very short question has been raised on behalf of the Corporation through the present application as to whether the Municipal Assessment Tribunal, Kolkata was legally justified by entertaining the application for condonation of delay in preferring Municipal Assessment Appeal No. 469 of 2002 when admittedly, the said appeal was preferred after a lapse of more than seven years from the statutory period.3. The learned Advocate appearing for the Corporation contends with reference to the impugned order and also the application preferred by the opposite party No. ...
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