Kolkata Court August 2004 Judgments
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University of Technology and ors. Vs. Sumanta Ghosh and ors.
Court: Kolkata
Decided on: Aug-11-2004
Reported in: (2004)2CALLT617(HC)
Ashoke Kumar Mathur, C.J. 1. This is an appeal directed against an interim order passed by the learned single Judge dated 16th May, 2003 whereby the learned single Judge passed an order in terms of prayer (c) of the writ petition. Prayer (c) of the writ petition reads as under:'(e) Ad interim order of injunction directing the respondents, their men, agents, assigned subordinates to allow the petitioners to appear in the examination on and from 19.5.03 on the basis of acceptance of examination fee made annexure 'P-2' herein and further to issue admit card till disposal of the Rule;' 2. It was further observed by the learned single Judge that this order was made without prejudice to the rights and contentions of the parties to the writ petition including the petitioners. Aggrieved against this order the present appeal was filed by the University of Technology. The appeal was filed without the certified copy of the order, however, looking to. the nature of the case that interest of studen...
West Bengal Rifle Association and anr. Vs. Kalyan Banerjee and ors.
Court: Kolkata
Decided on: Aug-11-2004
Reported in: (2005)1CALLT277(HC),2004(4)CHN241
Subhro Kamal Mukherjee, J.1. I am considering three applications filed in connection with C.S. No. 400 of 2001 together as similar questions are involved in all those applications.2. These three applications are : (1) An application for withdrawal of the suit filed by the plaintiffs on July 28, 2003. The said application has been registered as G.A. No. 2653 of 2003. (2) The application filed by the defendant No. 9, namely, Dhirendra Nath Das, on August 14, 2003 for deletion of the name of the plaintiff No. 2 and for substitution of the defendant No. 9 instead and1 in place of the said plaintiff No. 2 in the suit upon his transposition from the category of the defendants to the category of the plaintiffs. The said application has been registered as G.A. No. 2896 of 2003. (3) The other application filed by the said defendant No. 9 is, in substance, for a direction on the erstwhile members of the committee of the West Bengal Rifle Association to handover the charge of management and admin...
Dilip Das Vs. State of West Bengal
Court: Kolkata
Decided on: Aug-11-2004
Reported in: 2004(4)CHN655
Amit Talukdar, J.1. Questions that have fallen for consideration in these appeals have strictly been taken care of the statute itself. That is how those are to be disposed.2. At the Bar it has been submitted that as the amount of the HEROIN (Mat. Exts. I, II and III) falls within the category of small quantity the conviction recorded by the learned Trial Court in respect of the charge of section 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the said Act) was not maintainable. Further it has been canvassed that the evidence on record does not fulfill the ingredient of the charge of section 27A of the said Act as there is no material either with regard to harbouring of any offender or financing any business in respect of narcotic drugs.3. Shri Pradeep Kumar Roy, learned Senior Counsel appearing in support of the appellants Utpal Deb and Paritosh Debnath (for short, A1 and A2 respectively) in C. R. A. No. 424 of 2002 further submitted that the...
The Kolkata Port Trust Vs. Santanu Das and ors.
Court: Kolkata
Decided on: Aug-11-2004
Reported in: (2004)3CALLT420(HC),2005(185)ELT346(Cal)
A.K. Ganguly, J.1. This Court has heard the parties at length. With the consent of the parties, the appeal is treated on the day's list and the appeal along with the stay application is disposed of by the following order:2. This appeal has been filed by the Kolkata Port Trust (KPT) challenging the order dated 13.05.2004 passed by the learned Judge of the Writ Court in W.P. No. 1663 of 2000. By the said order under appeal the learned Judge of the writ Court, after hearing the learned counsel for the parties, directed the respondents including the appellants to deliver the goods covered under Lot Nos. 851 and 881 of the Tender Notice No. 6 of 2003 to the writ petitioners without asking for rent and demurrage charges, allegedly claimed by the KPT in respect of the lots sold on auction. The undisputed facts of the case arc follows:A Tender Notice dated 19.11.2003 was published by the Assistant Commissioner of Customs, Appraising Disposal Unit, inviting tenders for sale of various types of ...
Partha Majumdar Vs. Smt. Sharmistha Majumdar and anr.
Court: Kolkata
Decided on: Aug-11-2004
Reported in: 2005CriLJ3834,I(2006)DMC793
ORDERP.N. Sinha, J.1. The instant revisional application has been filed by the husband petitioner under Sections 397/401 read with Section 482 of the Code of Criminal Procedure (hereinafter called the Code) assailing the order dated 29-9-2003 passed by the learned Judicial Magistrate, 5th Court, Barrackpore in Misc. Case No. 212 of 2002 thereby refusing the prayers of the petitioner for DNA Test of petitioner, his wife, male child and one Sankar Biswas and also to accept supplementary written objection filed by him and to pass order that this petitioner is not pressing the previous written objection tiled by him.2. The facts of the case giving rise to the instant revisional application, as disclosed in the revisional application, in brief, are as follows :The petitioner was married with O.P. No. 1 on 12-2-2001 and thereafter on 26-2-2001 the petitioner took away his wife to his working place at Madhya Pradesh for leading marital life. The O.P. wile developed an illicit and adultery rel...
Src Steel (P) Ltd. Vs. Bharat Industrial Corporation Ltd.
Court: Kolkata
Decided on: Aug-11-2004
Reported in: 2005(4)CHN343,(2005)6CompLJ401(Cal)
Ajoy Nath Ray, A.C.J.1. This is an appeal from a receiving order passed by the Company Court on the 22nd of July, 2004, whereby the respondent's petition for winding up of the appellant company was admitted and directions for advertisement were given.2. The statutory notice dated 31st July, 2003 had been served on the appellant company for a debt of Rs. 52.33 lac approximately. The case of the respondent in the statutory notice as well as in the winding up petition was put very simply. According to them during the period October, 2001 and January, 2003 they had supplied the company diverse quantities of steel plates and H.R. Coils, and upon such supplies being made and received they also raised upon the company the corresponding bills from time to time, the bills representing separate supplies individually. In the petitioning creditor's chart the bills aggregate approximately Rs. 5.09 crore and they have given credit to the company for the payments made by it from time to time aggregat...
Howrah Mills Co. Ltd. and Anr. Vs. Employees' State Insurance Corporat ...
Court: Kolkata
Decided on: Aug-10-2004
Reported in: 2004(4)CHN357,[2006]129CompCas418(Cal),(2005)ILLJ774Cal,[2006]71SCL131(Cal)
Amitava Lala, J.1. This writ petition is arising out of a very important question whether BIFR Scheme under the Sick Industrial Companies (Special Provisions)Act, 1985 will have overriding effect over the Employees' State Insurance Act; 1948 or not. The line of argument of Mr. Partha Sarathi Sengupta, learned Sr. Counsel appearing for the petitioner is that there are four points to consider 358 Howrah Mills Co. Ltd. vs. Employees' State InsuranceCorpn. 2004(4)CHN the same. Firstly, whether 'special' will prevail over the 'general' or not. Whether the latter Act will prevail over the earlier Act or not. Whether the Sick Industrial Companies (Special Provisions) Act, 1985 provides any non-obstante clause over and above the Employees' State Insurance Act, 1948 or not. Whether the Sick Industrial Companies (Special Provisions) Act, 1985 is special to the special Act, i.e., the Employees' State Insurance Act, 1948 or not.2. At the threshold, I find that a claim of the Employees' State Insur...
Smt. Kajal Roy Vs. Prasanta Kr. Roy
Court: Kolkata
Decided on: Aug-10-2004
Reported in: (2005)2CALLT567(HC)
Mahammad Habeeb Shams Ansari, J.1. Instant appeal is field by defendant-wife aggrieved by the judgment and decree dated September 21, 2000 passed by the learned Additional District Judge, Howrah in Matrimonial Suit No. 37 of 1994. Thereby the suit for divorce filed on the ground of cruelty by the husband was decreed.2. A perusal of the judgment under appeal would show that the petition under Section 13 was filed by the husband praying for a decree of divorce under Section 13 on the ground of cruelty and desertion. Learned trial Court found that the ground of desertion is not established and with regard to the ground of cruelty it was noticed that the same was founded on the ground that the wife left the matrimonial home at regular intervals and used to come back after 15/20 days and that she refused cohabitation with the husband and that finally on November 13, 1993 she left the matrimonial home with bag and baggage without the consent and knowledge of the petitioner and against the wi...
Hindustan Cables Ltd., Rupnarainpur Unit Vs. Appellate Authority Under ...
Court: Kolkata
Decided on: Aug-10-2004
Reported in: 2005(2)CHN123,[2005(106)FLR1205],(2005)IILLJ732Cal
Amitava Lala, J.1. A short point is involved in this writ petition. The point is that even after recovery of the amount by the respondent No. 3-applicant/employee as per the terms and conditions of the contract for voluntary retirement, can he restrain the company's quarter beyond the period of two years without leave as a special case on payment of normal rent or not. The need of such retention of the company's quarters is not reflected from any of such documents particularly in view of the fact that the petitioner is admittedly residing at a different place at 26, Padmapukur Road, P. O. Fingapara, Dist. 24-Parganas (North). The description of such address is given by the respondent No, 3-applicant/employee in the affidavit to support his vacating application being CAN No. 6085/2004 of his own. Under such circumstances, a question arose as regards payment of interest on the gratuity amount to be paid to the petitioner or not. The petitioner recovered his Provident Fund dues to the tun...
Asstt. Cit Vs. Smt. Uma Badhia
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Aug-09-2004
Reported in: (2004)1SOT159(Kol.)
The revenue is in appeal against the order dated 10-9-2003 passed by the learned CIT (A) for the assessment year 1999-2000. The grounds raised by the revenue are as under : (1) That the learned CIT (A) erred in stating that the assessee satisfied the condition of purchase of a residential house within stipulated time as provided in section 54(1) without appreciating that the assessee made merely an advance purchase of residential property but there was no actual acquisition of the property by way of conveyance deed within the time stipulated under section 54(1), and for that matter he also erred in stating that there was no need to refer or apply section 54(2).(2) That as the assessee failed to follow the provisions of section 54(2) so far as she did not deposit the amount or capital gain in specified bank or institution within the time allowed for furnishing the return under section 139(1), the assessee was not entitled to claim deduction under section 54.(3) That on the facts and ci...
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