Kolkata Court July 2004 Judgments
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Dilip Das Vs. New India Assurance Co. Ltd. and anr.
Court: Kolkata
Decided on: Jul-16-2004
Reported in: I(2006)ACC494,2005ACJ1986
Prabir Kumar Samanta and Aniruddha Bose, JJ.1. This is a miscellaneous appeal by claimant victim against the judgment and award passed in a motor accidents claim case on an application under Section 166 of the Motor Vehicles Act, 1988. The victim suffered injury on his person causing permanent partial disablement.2. In this appeal the quantum of compensation as awarded by Claims Tribunal has been challenged by claimant-appellant on the ground that such determination has been made much on the lower side.3. Evidently, the claimant victim was treated in the Calcutta Medical College for the injuries suffered by him. From the discharge certificate as issued by the Calcutta Medical College it appears that the victim suffered injuries in three fingers in the right hand. While the victim has deposed in the claim case by saying that because of such injury he is not at all in a position to work with his hands, the medical certificate issued by a doctor who did not treat him shows that he has suf...
Sk. Noor Box and anr. Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Jul-16-2004
Reported in: 2005(3)CHN668
Joytosh Banerjee, J.1. The present hearing arises out of an application under Section 401 read with section 482 of the Code of Criminal Procedure, 1973 for quashing the chargesheet being chargesheet No. 31/2002 dated 15.6.2002 submitted under Sections 447/379/506 of the Indian Penal Code filed in connection with Daspur P.S. Case No. 22/2002 corresponding to G. R. Case No. 96/2002 pending before the Sub-Divisional Judicial Magistrate, Ghatal in the District of Midnapore.2. In short the case of the petitioners is that the petitioner No. 1 purchased 16 decimals of land from the defacto-complainant, O.P. No. 2 after paying consideration amount of Rs. 999/- and the said transfer was made by a registered deed of sale. O.P. No. 2 purchased the land described in the schedule of the petition by a registered sale deed dated 22.3.1971 from Sk. Hessamuddin and sold the same to the petitioners No. 1 as stated above on 26.3.1971. It is alleged that O.P. No. 2 filed an application under Section 4 of ...
Suniti Mondal Vs. New India Assurance Co. Ltd. and ors.
Court: Kolkata
Decided on: Jul-15-2004
Reported in: 2005ACJ272
Prabir Kumar Samanta, J.1. An unfortunate mother of the victim is the appellant in this miscellaneous appeal which arises out of the judgment and order dated 18.4.2002 passed in motor accidents claim case thereby dismissing the petition under Section 166 of the Motor Vehicles Act, 1988.2. The facts are that on 6.11.2000 at about 5 p.m. on G.T. Road the deceased victim who was aged about only four years was standing by the right side of the road. The offending vehicle bearing No. WB 41-A 1978, which was proceeding towards Simlagarh from Pandua in a high speed and being driven negligently by its driver hit the victim who was brought dead to the hospital.3. The involvement of the offending vehicle in the said accident and rash and negligent driving of the said offending vehicle by its driver have been proved in evidence by an independent witness, namely, PW 2, who was present at the spot of the accident. Such finding of rash and negligent driving of the offending vehicle by its driver has...
Jangipara Panchayat Samity and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-15-2004
Reported in: 2005(1)CHN632
Amitava Lala, J.1. It appears to this Court that in spite of giving several directions for appearance in the earlier occasion, nobody appeared on behalf of the respondents to oppose this writ petition when it has been placed under the heading 'Old Matters'.2. It appears to this Court that the Panchayat Samity itself had taken out the writ petition to stop granting licence for cattle hat or running the same under the West Begnal Agricultural Produce Marketing (Regulation) Act, 1972. According to Mr. Mallick, cattle hat cannot be treated to be agricultural produce at any stretch of imagination. It can be covered by such Act. Upon going through preamble I find that this Act has been provided for regulation of marketing of agricultural produce in West Bengal and for matters connected therewith. Under Section 13 of such Act, there is a provision for grant of licence for carrying out the business as a trader, commission agent, broker, weighman, measurer, warehouseman or surveyor, or sell or ...
Shiv Kumar Gupta Vs. Smt. Lakshmi Devi Gupta
Court: Kolkata
Decided on: Jul-14-2004
Reported in: (2004)3CALLT174(HC),I(2005)DMC272
A.K. Ganguly, J.1. An application has been filed by the petitioner/ husband seeking review of the judgment and order dated 13.05.2002 passed by Division Bench of this Court, to which I was a party.2. By the said judgment and Order, a Division Bench of this Court, while admitting an appeal filed by the respondent/wife (F.M.A.T.No.42220 of 2001), disposed of the said appeal in view of the submission made before the Court that no attempt was made under Section 23(2) of the Hindu Marriage Act, 1955 by the learned trial Judge for re-conciliation between the parties. The Court, therefore, felt that as the learned trial Judge did not discharge its statutory duty, the judgment and order dated 19.03.2001, decreeing the Matrimonial Suit ex-parte could not be sustained. As such, the Division Bench set aside the said ex-parte decree and directed the hearing of the suit on a peremptory basis and also directed the trial Court to make an attempt for re-conciliation. The Division Bench directed the su...
Governing Body of Krishnagar Women's College Vs. Smt. Gouri Phani Chak ...
Court: Kolkata
Decided on: Jul-14-2004
Reported in: (2004)3CALLT372(HC)
A. Kabir, J.1. The respondent No. 1 in the appeal was appointed as the principal of the Krishnanagar Women's College and her service was confirmed on 22nd December, 1990. On 24th March, 2000, she was served with a notice to show cause in respect of various allegations. The respondent No. 1 replied to the show cause notice on 7th April 2000, denying all the allegations contained therein. On 11th April, 2000, the Governing Body of the College decided to issue a charge sheet to the respondent No. 1 and placed her under suspension on the same day.2. The order of suspension was challenged by the respondent No. 1 in a writ petition numbered A.S.T. No. 1562 of 2000 and on 16th May, 2000, the learned single Judge directed the respondent No. 1 herein to hand over the keys and other documents pertaining to the College to the Chairman of the Governing Body. The learned Judge also directed that the suspension order would be kept in abeyance, but granted liberty to the College authorities to take n...
income-tax Settlement Commission and ors. Vs. Netaji Chandra Rarhi and ...
Court: Kolkata
Decided on: Jul-14-2004
Reported in: (2005)1CALLT247(HC),(2005)193CTR(Cal)430,[2004]271ITR514(Cal)
D.K. Seth, J.1. The decision by the learned single judge dated April 25, 2003 (reported in [2003] 263 ITR 186), is under challenge before us. The learned single judge had found that rectification sought for in this case by the Department does not come within the narrow scope and ambit of Section 154 of the Income-tax Act, 1961, for the reasons given in the said judgment. The Department has preferred this appeal in this court.Appellant's points :2. Mr. Shome, learned senior counsel for the appellant, had pointed out that the law with regard to the power of the Settlement Commission in waiving interest is settled in the case of Anjum Mohammed Hussain Ghaswala, In re : [1998]230ITR1(SC) . It is pointed out that the Commission had no power to waive interest chargeable under Sections 234A, 234B and 234C. Therefore, it is a case covered under the provisions of Section 154. Elaborate submission was made by Mr. Shome with regard to the applicability of the various decisions cited by Mr. R. N. ...
Chanda Engineers (India) Ltd. and anr. Vs. U.C.O. Bank
Court: Kolkata
Decided on: Jul-14-2004
Reported in: AIR2005Cal28,[2005]125CompCas708(Cal)
ORDERAmitava Lala, J.1. This is an application under Article 227 of the Constitution of India. This application has arisen out of an order passed by the Debts Recovery Tribunal (D.R.T.) followed by an appellate order passed by the Debts Recovery Appellate Tribunal (D.R.A.T.). Although the parties argued at length in the merit but at the end of the argument Mr. Ajoy Krishna Chatterjee, Learned Senior Counsel, appearing for the respondent Bank, raised a point about the scope' and ambit of the Article 227 of the Constitution of India in this respect. Possibly he wanted to see no stone unturned. Even then I am not inclined to give incidental value to such part of the argument because it may ultimately touch the foundation of the jurisdiction of the Court. Articles 226 and 227 are plenary powers of the High Court under the Constitution of India. Such plenary power of the High Court is exhaustive in nature. The same cannot be curtailed. Even then the Writ Court in its wisdom tries to avoid t...
Kesoram Industries Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Jul-13-2004
Reported in: (2005)1CALLT151(HC),(2005)194CTR(Cal)50,[2004]271ITR501(Cal)
D.K. Seth, J.Facts :1. The appellant had submitted its return for the years 1981-82 and 1982-83 which was assessed under Section 143(3)/144B. Subsequently, in respect of those two assessments years, the assessee/appellant submitted a return under the amnesty scheme and offered the gratuity liability on the basis of actuarial certification for taxation. The assessments were completed under Section 143(3)/231/147 and interest was charged under Sections 139(8) and 215 of the Income-tax Act, 1961. This was subjected to certain proceedings and ultimately by an order dated March 17, 1989, the Commissioner of Income-tax (Appeals) held that no interest can be charged either under Section 139(8) or under Section 215 in a reassessment made under Section 147.2. While giving effect to this order dated March 17, 1989, instead of waiving interest since held not chargeable under Section 139(8) and under Section 215 by an order dated May 1, 1989, the Assessing Officer fully waived interest under Secti...
Arun Kumar Jhunjhunwala Vs. Santosh Kumar Agarwalla
Court: Kolkata
Decided on: Jul-13-2004
Reported in: 2005(1)CHN58
Narayan Chandra Sil, J.1. This is to consider an application filed by Smt. Chandrakala Agarwalla, Dipak Agarwalla, Sandip Agarwalla and Smt. Nina Jhunjhunwala for an order that the Testamentary Suit Nos. 3 of 1999 has since abated or alternatively be dismissed on the ground of non-payment of ad valorem Court- fees. There is another alternative prayer for an order that if the suit is not dismissed, the death of Santosh Kumar Agarwalla, predecessor-in-interest of the petitioners be recorded and the petitioners be substituted as defendants in place of Santosh Kumar Agarwalla. It is stated further that on December 23, 1997, the application being P.L.A. No. 295 of 1997 was filed by Arun Kumar Jhunjhunwala for grant of probate on the strength of the alleged Will dated 9th July, 1987 executed by the deceased Bhagwati Prasad Agarwalla. Bhagawati died leaving two sons namely Santosh Kumar and Prem Kumar and the purported Will is in favour of Prem Kumar to the exclusion of his other son Santosh ...
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