Kolkata Court July 2004 Judgments
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Seth Mehta Pvt. Ltd. and anr. Vs. Standard Chartered Bank
Court: Kolkata
Decided on: Jul-08-2004
Reported in: 2004(4)CHN272
Asok Kumar Ganguly, J. 1. This appeal is directed against a judgment and order dated 21st March, 2002 passed in Title Suit No. 1465 of 2002 by the learned Judge, 7lh Bench in the City Civil Court at Calcutta. By the judgment and order under appeal the learned Judge vacated the ad interim order of injunction which was passed on 30th August, 2000. By the order dated 30th August, 2000 the learned Judge, on the application of the plaintiff-appellant, granted an ad interim exparte order of injunctjon restraining the defendant from obstructing the plaintiff from clearing the garbage on the common passage of the plaintiff and also from repairing the pipeline and the sewerage system.2. Upon being served with the ad interim order of injunction, the respondent-bank filed an application under Order 39 Rule 4 and thereafter the order under appeal was passed. Prior to the filing of this appeal, another appeal (FMAT No. 2943 of 2001) was filed at the instance of the Standard Chartered Bank (hereinaf...
Sourav Jhunjhunwalla Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Jul-08-2004
Reported in: (2005)196CTR(Cal)145,[2005]273ITR225(Cal)
D.K. Seth, J.1. At the admission stage of this appeal, it appeared to us that this can be disposed of on a very limited ground. Therefore, we had granted liberty to Mr. Khaitan to serve notice. Accordingly, notices were served. Mr. Som appears for the respondents.2. We have heard Mr. Khaitan on the question of admission of appeal. While addressing the court, Mr. Khaitan had virtually addressed on the merits of the appeal itself. Mr. Som, on the other hand, was requested to address the court on the question of admission. Mr. Som had advanced his arguments on the merits of the appeal itself while opposing the admission. Normally right of hearing at the stage of admission is not allowed. But having regard to the facts and circumstances of the case we thought it fit that we should dispose of the appeal at the admission stage itself. Therefore, we prefer to hear Mr. Som at this stage. The appeal is, therefore, treated as on the day's list for hearing by consent of the parties.3. The learned...
Hem Prakash Surana and anr. Vs. Bijay Singh Surana and ors.
Court: Kolkata
Decided on: Jul-08-2004
Reported in: 2005(1)CHN565
ORDERSubhro Kamal Mukherjee, J.1. The plaint in this suit was presented on June 28, 2004. The plaint was admitted subject, however, to scrutiny by the department. 2. In connection with the said suit an interlocutory application, inter alia, for appointment of receiver and injunction being G. A. No. 2370 of 2004 is filed by the plaintiff. When the said interlocutory application is moved, upon notice to the learned advocates for the caveators, it is submitted by the learned advocates for the caveators that the suit is not maintainable before this Court.3. My attention has been drawn to paragraph 28 of the plaint of this suit, which runs as under:'28. For the purpose of Court-fees and jurisdiction, this Suit is valued at Rs, 10,00,000/- and appropriate ad volarem Court-fees has been paid thereon. The plaintiffs undertake to put in further Court-fees in the event of those paid are found deficient.'4. Mr. Bimal Kumar Chatterjee, learned senior advocate, appearing on behalf of the plaintiffs...
Gobinda Prasad Mula Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Kolkata
Decided on: Jul-07-2004
Reported in: (2005)(2)SLJ294CAT
1. Shri Gobinda Prasad Mula, has assailed the order dated 31.8.2000 (Annex p. 3) by which his services came to be terminated and has prayed for its quashment.2.This case was listed for hearing on admission stage. The pleadings are complete. We have hard the learned Counsel for both the parties and have carefully perused the records of this case. The respondents were directed to make available the records relating to initiation of disciplinary proceedings. But the learned Counsel for the respondents has expressed his inability to produce the same by stating that there was some mistake from his side, while the order dated 10.12.2003 was passed.3. The case of the applicant as may be succinctly put in, is that the applicant was initially appointed as Clerk-cum-Assistant Manager on 1.4.93 in the Unit Run Canteen (for brevity URC) in the office of 22 Wing Air Force Station, Silchar, Assam, Subsequently he was appointed to the post of Manager, with effect from 1.9.93 while holding the post o...
Vidhyawati Vs. A. Guruswamy
Court: Kolkata
Decided on: Jul-07-2004
Reported in: II(2005)ACC426,2005ACJ433,2005(1)CHN22
Bhaskar Bhattacharya, J.1. This appeal under Section 173(1) of the Motor Vehicles Act, 1988, ('Act') is at the instance of the applicants under Section 163A of the Act and is directed against the award dated 14th July, 2003 passed by the Motor Accident Claimant Tribunal, A & N Islands, Port Blair.2. By the said award, the Tribunal has allowed the claim of the appellants in part to the extent of Rs. 1, 90,570/-. The Tribunal has awarded the aforesaid amount only for the injury sustained by the deceased but no amount has been sanctioned for the loss of life.3. Being dissatisfied, the applicants have come up with the present appeal.4. The following facts are not in dispute:On September 3,1997, the predecessor-in-interest of the present appellants was proceeding on foot from Aberdeen Bazaar towards his residence when a taxi bearing No. AN 6426 dashed against him, as a result, he sustained bleeding injuries including fracture of his right leg. The victim underwent treatment as an indoor pat...
Rama Devi Mishra Vs. Jyoshoda Mishra
Court: Kolkata
Decided on: Jul-06-2004
Reported in: 2004(4)CHN626
Sadhan Kumar Gupta, J.1. This revisional application has been preferred under Article 227 of the Constitution of India. The case of the appellant/petitioner is that she filed an application for grant of a Letter of Administration before the learned Court below in respect of the estate of deceased Kalpa Devi Mishra, who died on 29.12.94. Said application was contested by the opposite party by filing written objection claiming therein that Kalpa Devi did not execute any Will in favour of the petitioner. The O.P. also alleged that the Will was manufactured by the husband of the petitioner in connivance with the writer and witnesses of the Will. On 24.7.2002 the said case came up before the learned Additional District Judge, Second Court, Hooghly and on that day the petitioner's evidence was recorded. Similarly on 20.9.2002 the evidence of the P.W. 2 was also recorded. Thereafter on 11.2.2003 evidence of the P.W. 3 Bimal Singh was recorded. But said Bimal Singh did not support the petition...
Commissioner of Income-tax Vs. Soorajmall Baijnath Agencies (P.) Ltd.
Court: Kolkata
Decided on: Jul-06-2004
Reported in: [2005]272ITR325(Cal)
D.K. Seth, J.1. The assessee has a business in iron and steel. He had also a speculation business in which certain loss was incurred but the same could not be adjusted or set off against any income of any other speculation business in that year, namely 1996-97. This speculation loss was carried forward and was adjusted against an income from speculation business for the year 1997-98. Learned counsel for the appellant pointed out that in view of Sub-section (1) of Section 73, this speculation loss could be set off against an income from another speculation business not from the same business.2. The submission of learned counsel is fallacious. Inasmuch as Sub-section (1) of Section 73 prescribes that loss in a speculation business can be set off or adjusted against income of another speculation business in respect of the concerned previous year. There is no question of adjustment or set off of the loss of the particular previous year against an income of the same speculation business of ...
Kolkata Municipal Corporation Vs. Chanda Properties Private Limited
Court: Kolkata
Decided on: Jul-06-2004
Reported in: 2005(1)CHN501
Girish Chandra Gupta, J.1. A notice dated 4th September, 2003 was issued by the Kolkata Municipal Corporation under Section 184(3) and (4) of the Calcutta Municipal Corporation Act, 1980 proposing annual valuation of premises No. 223, Bidhan Sarani at a sum of Rs. 6,43,210/- with effect from 4th quarter of the Financial Year 1998-99. By the notice the assessee was notified that he might file objection, if any, to the proposed annual valuation and that the hearing would take place on 14th June, 2004.2. On or about 11th December, 2003, the assessee filed a suit in the City Civil Court at Calcutta which was registered as Title Suit No. 1788 of 2003 claiming the following reliefs :(i) The plaintiff is entitled to a Decree for declaration that the purported annual valuation and/or the rise from Rs. 76,290/- to Rs. 6,43,210/-with effect from 4th quarter 1998-1999 in respect of the premises No. 223, Bidhan Sarani, Kolkata-700006, P. S. Jorasanko is bad, illegal and not binding upon the plaint...
In Re: Diamond Shipping Co. Ltd.
Court: Kolkata
Decided on: Jul-06-2004
Reported in: [2005]59SCL555(Cal)
Ashim Kumar Banerjee, J. 1. Despite notice, none appears to oppose this application.2. This winding up petition relates to a claim for money lent and advanced amounting to Rs. 5 lakhs. The company issued an account-payee cheque dated July 1, 2002 for the said amount which was dishonoured for nonpayment, Statutory notice of demand has not been replied to. Hence, it appears that the company has no defence to the just claim of the petitioning creditor.3. Winding-up petition is thus admitted for the said sum of Rs. 5 lakhs together with interest on and from 1st April, 2002 till 14th June, 2004 being the date of filing of the winding-up petition @ 15 per cent per annum and thereafter @ 9 per cent per annum until payment. The company is given liberty to make payment of the aforesaid sum in 24 equal monthly instalments commencing from 1st September, 2004 and thereafter on the first day of each succeeding month. In case of default of payment of any one instalment the petitioning creditor would...
Royal Engineer's Co-operative Society Ltd. and Anr. Vs. State of West ...
Court: Kolkata
Decided on: Jul-05-2004
Reported in: 2004(4)CHN490
Soumitra Pal, J.1. The petitioner No. 1 is Co-operative Society and the petitioner No. 2 is the Secretary of the Society. Pursuant to an advertisement inviting applications for grant of Licence of Foreign Liquor (OFF) and Country Spirit in the District of Hooghly, the petitioner made an application for a liquor shop in Pandua Bazar and in its vicinity. The proposed liquor shop at Pandua Bazar was reserved for firms/Societies formed by unemployed youth registered with the employment exchange. According to the Explanation in the notification dated 4.2.2000 containing the order (for short 'the order') unemployed youth meant any person of or above the age of 21 years but not above 37 years. A lottery among the applicants was conducted. The Society secured the first position in a panel of three. Thereafter, the petitioner came to learn that an objection was raised in respect of granting of said licence as one of its members had crossed the age bar of 37 years. The petitioners received a let...
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