Kolkata Court September 2004 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Joynab Mirza and anr. Vs. State and anr.
Court: Kolkata
Decided on: Sep-28-2004
Reported in: 2005(3)CHN527
Sankar Prasad Mitra, J.1. This is an application under Section 482 of the Code of Criminal Procedure filed by the petitioners praying for quashing the chargesheet being No. 48 of 2003 dated 25.7.2003 under Section 498A/506 of the Indian Penal Code submitted in the Court of the learned Sub-Divisional Judicial Magistrate, Bolpur, District-Birbhum in G.R. No. 191 of 2003 arising out of Labpur Police Station Case No. 35 of 2003 dated 5.6.2003.2. On the basis of a written complaint lodged by Sayeeda Khan against the present petitioners before SDJM, Bolpur, the learned Judge referred the case to Labpur Police Station under Section 156(3) of Cr. PC directing the police to lodge FIR and accordingly the case was started and the I.O. took of investigation of the case and ultimately the chargesheet under Section 498A/506 was submitted against the present petitioners whereupon the learned SDJM took cognizance of the offence and issued warrant of arrest against the present petitioners fixing 8.9.20...
Mahendra Shivlal Gandhi and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-28-2004
Reported in: 2005(3)CHN11
Asok Kumar Ganguly, J. 1. This appeal has been filed against an order dated 19.5.04 passed by the learned Judge of the Writ Court refusing to grant any order staying the operation of an order passed by the appellate authority under the Bengal Excise Act, 1909. The learned Judge instead of granting any stay directed the matter to be heard upon affidavits.2. Before this Court, all the contesting parties submitted and prayed for final hearing of the entire matter including the writ petition. Affidavits were filed by the parties. As much, this Court, with the consent of parties, heard the matter finally and by this judgement, both the appeal and writ petition are disposed of.3. The dispute is over the running of the retail business of Indian made foreign liquor by the parties and the various orders passed by the Excise authorities from time to time in the matter.4. Initially, one Dhirendra Kumar Vyas, the husband of Bhanumati Vyas, the respondent No. 6, carried on the said business. The ex...
Uma Gupta Vs. Mahesh Kumar Prahladka
Court: Kolkata
Decided on: Sep-27-2004
Reported in: AIR2005Cal5,2005(2)CHN152
ORDERSubhro Kamal Mukherjee, J.1. The plaintiff, Shrimati Uma Gupta, for self and on behalf of all the owners and occupiers of premises No. 33A Jawaharlal Nehru Road, Calcutta-1, save and except the office bearers of CIC society, instituted the present suit against Mahesh Kumar Prahladka, the General Secretary of CIC society, an unregistered association, for self and on behalf of all persons claiming to be the members of the said society, inter alia, for framing of a scheme for management and administration of the common areas and facilities available at the said premises. The plaintiff of the said suit was presented before this Court and the said plaintiff obtained leave under Order 1, Rule 8 of the Code of Civil Procedure.2. The notices were published once in The Telegraph and once in the Bartaman. Various applications for addition of parties were made and they were allowed from time to time.3. The present application for addition of party being G.A. No. 2569 of 2004 is filed by nine...
Srihari Charan Senapati Vs. Sri Padma Lochan Patra and anr.
Court: Kolkata
Decided on: Sep-27-2004
Reported in: (2005)1CALLT503(HC),2005(3)ESC1812
P.K. Ray, J. 1. Heard the learned advocates appearing for the parties.2. The contemner, Shri Joy Prakash Maity, holding the post of Assistant Inspector of Schools (SE), Contai Sub-Division District -Purba Medinipore is present today before this Court. In answer to the contempt application, a compliance report was filed detailing the steps as taken by the said officer in pursuance of the order dated 16th March, 2004 to reconstitute of the Managing Committee. It appears that in the compliance report nothing has been said about the completion of the election office bearers save and except a plea that for unavoidable reason the matter could not be completed and thereby the contemner has tendered unconditional apology. From the records it appears that due to the fact that the reconstitution of the Managing Committee was long pending, the Court by the judgment dated 16th March, 2004 directed the respondents to place the departmental nominee within two weeks from that date. Office bearer elec...
Mujibar Rahman Mondal Vs. Md. Abdulla Molla and ors.
Court: Kolkata
Decided on: Sep-27-2004
Reported in: 2005(4)CHN387
Arun Kumar Bhattacharya, J.1. The hearing stems from an application filed by the petitioner praying for revision of the order being No. 103 dated 29.01.2000 passed by the learned Civil Judge (Sr. Div.), Diamond Harbour in T.S. No. 124/1994.2. The circumstances leading to the above revision are that the disputed property belongs to O.P. Nos. 5 to 7. There was an agreement dated 15.06.1992 between O.P. No. 4 and the said O.Ps. 5 to 7 for sale of the property. As the said O.Ps. 5 to 7 refused to execute the deed after tender of Rs. 1,75,000/- on 25th Aswin, 1399 B.S. by O. P. No. 4, the latter instituted T.S. No. 124/1994 in the Court of learned Civil Judge (Sr. Div.), Diamond Harbour for specific performance of contract. The present petitioner who was added as a plaintiff in the said suit filed a 'Sikritipatra' dated 07.10.1994 executed between him and plaintiff/O.P. No. 4 which was marked 'exhibit' after objection. O.P. Nos. 1 to 3 were subsequently added as defendants. O.P. Nos. 1 & 2 ...
Shree Digambar JaIn Vidyalaya and anr. Vs. Mahendra NaraIn Pathak and ...
Court: Kolkata
Decided on: Sep-24-2004
Reported in: 2004(4)CHN523
1. Education with which we are concerned here is the subject-matter of Directive Principles of the State Policy contained in Chapter IV of the Constitution. It is the obligation of the State to create appropriate environment for imparting appropriate education to its future citizens. Largely education in this State depends on the aid made available by the State to the institutions imparting education. Even the appellant institution gets such aid. The members of the present Managing Committee of the appellant had no contribution in establishing the institution. They became members of the Managing Committee of the appellant in view of Rule 6 of the 1969 Management Rules which has directed constitution of a Managing Committee by the members representing the guardians, members representing the teaching and non-teaching staff and members to be nominated by the State and its officers. The Managing Committee of the appellant school is receiving aid from the State to the extent of dearness all...
Arjun Mandi and anr. Vs. State of West Bengal
Court: Kolkata
Decided on: Sep-24-2004
Reported in: 2005(1)CHN410
Amit Talukdar, J.1. This appeal has been filed under Section 48(1){b) of the West Bengal Children Act, 1959 (hereinafter referred to as 'the said Act') on behalf of the two appellants who faced Sessions Trial No. XII of January 1990, before the learned Additional Sessions Judge, Sixth Court, Midnapore.2. The two appellants were found guilty in respect of the offence of Section 302/34 of the Indian Penal Code and sentenced to suffer imprisonment for life; while another co-accused Tota Mandi was, however, acquitted.3. Before we proceed to consider the appeal on merit it is necessary to lay out certain basic facts. Altogether ten (10) accused persons were arrayed in connection with G. R. Case No. 451 of 1986. Since the present petitioners/ appellants were minors their case was spilt up and were tried separately under the provisions of the said Act in Sessions Trial No. XII of January, 1990 while the seven other accused persons were placed on trial in Sessions Trial Case No. X of January, ...
Consolidated Fibres and Chemicals Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Sep-24-2004
Reported in: (2005)195CTR(Cal)605,[2005]273ITR353(Cal)
D.K. Seth, J.1. Identical question has been set forth before us for decision in this reference under Section 256(2) of the Income-tax Act 1961, and the appeal under Section 260A thereof. Therefore, both these cases were taken up together and have been addressed by learned counsel for the respective parties simultaneously. The assessee being one and the same and it related to only two different assessment years consecutively, we have taken up the matter together and propose to dispose of the same by one common judgment.The question:2. The questions that have been set forth in the reference are as follows :'(1) Whether, on the facts and in the circumstances of the case, the amount of interest paid is allowable as a deduction under Section 57 of the said Act while computing the interest income assessed as income from other sources under Section 56 of the Act ?(2) Whether, on the facts and in the circumstances of the case, the hon'ble Tribunal was justified in holding that there was no nex...
Britannia Industries Ltd. Vs. Joint Commissioner of Income-tax and ors ...
Court: Kolkata
Decided on: Sep-23-2004
Reported in: (2005)193CTR(Cal)26,[2004]271ITR123(Cal)
D.K. Seth, J. 1. The relevant assessment year involved in this case is 1988-89. The question that has arisen has to be answered on the basis of the law, as it stood for the previous year relevant for the assessment year. The question raised in this case relates to the eligibility of deduction under section 32AB of the Income-tax Act, 1961. Having regard to section 32AB as it stood then whether the income derived under the head 'Income from business or profession' only would be eligible for deduction under section 32AB(l)(ii) or this deduction would be allowable on the income of the eligible business contemplated under sub-section (3) of section 32AB. In other words, whether this 20 per cent. income is to be allowed on the income of the eligible business contemplated under sub-section (3) of section 32AB irrespective of the fact that it might include income from sources other than income from business or profession. The Tribunal had held against the assessee that the income derived unde...
In Re: Satidas Mukherjee Alias S.D. Mukherjee, Decd.
Court: Kolkata
Decided on: Sep-23-2004
Reported in: (2005)2CALLT169(HC),2005(1)CHN27
ORDERSubhro Kamal Mukherjee, J.1. The Court: An application for grant of probate of the alleged last Will and testament of Satidas Mukherjee, since deceased, was filed by the executor named and appointed in the said Will.2. Since a caveat was lodged, the proceeding became contentious.3. Unfortunately, before the Will could be proved, the executor died on September 15, 2002.4. The present application has been filed by one of the legatees under the Will for leave to proceed with the said application upon conversion of this proceeding for grant of probate into a proceeding for grant of letters of administration.5. Mr. Debasish Kundu, learned Advocate, appearing in support of the application, cites the cases of Shambhu Prasad Agarwal v. Bhola Ram Agarwal, reported in 2000(9) SCC 714 and Santi Swarup Sarkar v. Pradip Kumar Sarkar and Ors., reported in : AIR1997Cal197 .6. Mr. Saha, learned Advocate, appearing for the caveator, opposes this application.7. In the case of Haripada Saha and Anr....
- ‹ Prev
- 1
- 3
- 4
- 5
- 6
- 7
- 8
- Next ›
- Last »