Kolkata Court September 2004 Judgments
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Khitish Chandra Rabidas Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Sep-13-2004
Reported in: (2005)IILLJ1015Cal
ORDERJayanta Kumar Biswas, J.1. The writ petitioner is aggrieved by (a) the charge-sheet dated December 5, 2003, whereby a disciplinary proceeding has been initiated against him; (b) the decision whereby his prayer for engaging a lawyer as defence helper has been rejected; and (c) the manner in which the enquiry officer has so far proceeded.2. The petitioner's case is this. He is a cobbler (mochi) by caste, and hence belongs to a Scheduled Caste. On March 1, 1979 he joined the respondent-bank. Till October 1991, when he joined its Malda Branch, there was no problem in his place of work. During the period from January 1992 to April 1997 he did not get due salary and allowances, and hence he moved this Court by filing Writ Petition No. 13253 (W) of 1997. Alleging that he was subjected to untouchability both mental and physical, at the place of his work (in Malda branch of the bank), in March 1998 he lodged a complaint with the District Magistrate, Malda. On December 15, 1999 he was sever...
Smriti Properties Pvt. Ltd. Vs. Settlement Commission (it and Wt) and ...
Court: Kolkata
Decided on: Sep-13-2004
Reported in: (2005)199CTR(Cal)261,2005(191)ELT128(Cal),[2005]278ITR274(Cal)
Kalyan Jyoti Sengupta, J.1. All these matters were heard together as the points involved therein are identically the same. Therefore, the decision to be rendered will cover all these four matters.2. The facts are more or less identical. On different dates the learned Settlement Commission of the Income-tax Department accepted the proposal of the assessees for settlement of the cases and dues of the respective petitioners. In the case of Smriti Properties Private Ltd., the assessment years related to 1989-90 to 1994-95 and the orders were passed by the Settlement Commission by the Bench of three learned members on March 16, 1999. By the said order, interest which would ordinarily have been chargeable under the various provisions of the said Act was either partially or fully waived.3. On March 10, 2003, the income-tax authorities filed a miscellaneous petition before the Commission whereby it was contended on behalf of the Revenue that the said orders need rectification in view of the de...
Uma Talapatra Vs. Manabendra Talapatra
Court: Kolkata
Decided on: Sep-13-2004
Reported in: 2008(4)CHN488
Joytosh Banerjee, J.1. The insant appeal is directed against judgement dated 11.6.97 passed in Mat. Suit No. 20/95 by the Judge, Family Court Calcutta, whereby the matrimonial suit was decreed and the marriage between the parties was dissolved by a decree of divorce. Being aggrieved by such judgement, the wife has filed the present appeal.2. The husband Manabendra Talapatra filed the petition under Section 27 of the Special Marriage Act for a decree of divorce and that suit was registered as Mat. Suit No. 101/1993 in the City Civil Court, Calcutta. The said suit was later on transferred to the Family Court and was re-numbered as indicated above.3. In his petition, the husband alleged that both the petitioner and the respondent were employees of L.I.C. of India and they developed intimacy, fell in love, although the respondent was physically handicapped lady being polio stricken from her childhood, decided to marry, and when their decision was accepted by their respective parents and fa...
Bhadreswar Bera Vs. Mathura Mohan Shaw and ors.
Court: Kolkata
Decided on: Sep-10-2004
Reported in: 2004(4)CHN349
Bhaskar Bhattacharya, J.1. This application under Article 227 of the Constitution of India is at the instance of a pre-emptee in proceedings underSection 8 of the West Bengal Land Reforms Act (hereinafter referred to as the Act) and is directed against order dated 5th May, 2004 passed by the learned Additional District Judge, 1st Track Court, Chandernagore in Misc. Appeal No. 167 of 1995 thereby setting-aside Order No. 24 dated August 30, 1995 passed by the Munsif, 1st Court, Chandernagore in Misc. Case No. 10 of 1987.2. The opposite party No.1 filed the aforesaid Misc. Case No. 10 of 1987 underSection 8 of the Act for pre-empting a sale transaction executed by opposite partyNos. 2 to 6 in favour of the present petitioner on the allegation that he is an adjoining owner of the plots involved in the said transaction.3. There is no dispute that by a registered sale deed executed on 8th October, 1986 the opposite party Nos. 2 to 6 transferred two plots, namely, plot Nos. 1034 and 87 in fav...
Nikhilesh Bagchi Vs. Metropolitan Co-operative Housing Society Ltd. an ...
Court: Kolkata
Decided on: Sep-10-2004
Reported in: 2004(4)CHN632
Bhaskar Bhattacharya, J.1. This application under Article 227 of the Constitution of India is at the instance of an appellant before the West Bengal Co-operative Tribunal under section 136 of the West Bengal Co-operative Societies Act (hereinafter referred to as the Act) and is directed against Order No. 94 dated February 4, 2002 passed by the West Bengal Co-operative Tribunal, Calcutta in Misc. Case No. 8 of 2000 arising out of Appeal No. 10 of 1994.2. The present petitioner filed a disputed case under section 95 of the Act before the Registrar of Co-operative Society, West Bengal thereby claiming relief both against the Co-operative Society, being respondent No. 1 and the respondent No. 2. On contested hearing the Assistant Registrar of Co-operative Society to whom the matter was referred, passed an award on March 3, 1994.3. Being dissatisfied with such award dated March 3, 1994, the petitioner preferred an appeal under section 136 of the Act before the Co-operative Tribunal ('Tribun...
Jawar Prasad Shaw and ors. Vs. Jharna Ghosh and ors.
Court: Kolkata
Decided on: Sep-10-2004
Reported in: 2005(1)CHN12
Bhaskar Bhattacharya, J.1. This civil revisional application under Article 227 is at the instance of heirs and legal representatives of a deceased defendant and is directed against Order No. 4 dated 18th May, 2004 passed by the learned Civil Judge (Sr. Division), Sealdah in Misc. Appeal No. 24 of 2002 thereby affirming Order No. 67 dated 30th March, 2004 passed by the learned Munsif, Second Court, Sealdah in Misc. Case No. 48 of 1994 rejecting an application under Order 9 Rule 13 of the Code of Civil Procedure filed by the predecessor-in-interest of the present petitioners.2. The following facts are not in dispute:The opposite party filed a suit being Title Suit No. 175 of 1989 in the Second Court of Munsif, Sealdah for eviction of one Motilal Shaw, the predecessor-in- interest of the present petitioners on the grounds mentioned in the Section 13 of the West Bengal Premises Tenancy Act, 1956. The said suit was decreed ex parte on 30th November, 1993.3. In the month of April, 1994, Moti...
Paresh Nath Bakshi and anr. Vs. S.N. Bhattacharya and ors.
Court: Kolkata
Decided on: Sep-10-2004
Reported in: II(2005)BC277,(2005)1CALLT38(HC)
A.K. Bhattacharya, J.1. The hearing stems from two applications filed by the petitioners praying for revision of the judgment and orders dated 19.09.1998 & 21.02.1998 respectively passed by the Full Bench of the Court of Small Causes of Calcutta in Suit Nos. 618/1992 & 380/1993.2. The circumstances leading to the above applications are that in view of requisition orders of Respondent No. 3, Respondent No. 4 took possession of the petitioners' premises and the monthly compensation in respect of one requisitioned portion was accepted by the petitioners. Due to default and delayed payment of such compensation, the petitioners instituted six suits for recovery of interest and obtained decree. Against the judgment and decree of the first suit only being 3892/84 which was contested, Respondents 3 & 4 made an application under Section 38 of the Presidency Small Causes Act, 1882 for 'new trial' of the suit, and the Full Bench upheld the decision of the trial Court on 06.04.1988. The decreetal ...
Kanak Projects Ltd. Vs. Anz Grindlays Bank Ltd. and ors.
Court: Kolkata
Decided on: Sep-10-2004
Reported in: (2005)1CALLT42(HC)
Narayan Chandra Sil, J.1. The Court: This is to consider an application filed by the plaintiff for passing a decree upon admission against the defendant for eviction from the suit property described in Schedule 'A' to the plaint along with other incidental reliefs.2. The case of the petitioner Company in brief is that a Company known as Standard Chartered Grfndlays Bank Ltd. (Respondent No. 1) filed an application being G.A. No. 4040 of 2001 in the instant suit praying inter alia for an order allowing them to be added as defendant in the instant suit which was allowed by the order of the Court dated January 17, 2002. After having been added as a defendant the Respondent No. 1 filed an application being G.A. No. 824 of 2002 praying inter alia for dismissal of the instant suit but the same was dismissed by an order dated 27.06.2002. Neither the original defendant nor the added defendant has filed any written statement. In those applications being G.A. No. 4040 of 2001 and G.A. No. 824 of...
Special Officer and Additional Commissioner of Commercial Taxes and or ...
Court: Kolkata
Decided on: Sep-10-2004
Reported in: 2005(3)CHN621,[2005]140STC89(Cal)
Sankar Prasad Mitra, J.1. This writ petition has been filed by the petitioners challenging the judgment dated December 24, 2003 passed by the West Bengal Taxation Tribunal in Case No. R.N. 489 of 2001*. By the said judgment the Tribunal held that the seizure dated January 17, 2001 of the books of accounts and documents of respondent No. 1 by the Assistant Commissioner of Commercial Taxes, Bureau of Investigation was bad in law. However, the respondent-authority, the petitioners herein were given liberty to take steps under Section 30(3) of the West Bengal Sales Tax Act, 1994 (hereinafter referred to as 'the Act 1994') on the basis of the materials disclosed by the documents and records seized.2. The petitioner's case is that the respondent No. 1 a dealer using the veil of a 'broker' being proprietor of M/s, Shri Ranisati and Company, 30, Maharshi Debendra Road, Kolkata 700 007 had delivered oil cake and de-oiled cake in all forms, an item taxable at the rate of 4 per cent as per serial...
Sanjoy Bansal, Vs. Addl. District Magistrate (L.R.R.M.) Section
Court: Kolkata
Decided on: Sep-10-2004
Reported in: 2005(1)CHN490
Arun Kumar Bhattacharya, J.1. The hearing stems from three applications filed by three petitioners praying for revision of the orders dated 02.06.2000 passed by the Divisional Commissioner, Burdwan in Appeal Case Nos. 6/95, 7/95 & 8/95 which have been heard analogously for the sake of convenience and gravity as same questions of law and fact are involved.2. The circumstances leading to the aforesaid revision are that the property comprised in holding No. 58 (57) Atwalnagar S.B. Garai Road, Asansol-1 belonged to one Surinder Kaur who let out distinct portion of the said premises to Nirmala Devi & Ram Baboo Bansal at a monthly rental of Rs. 1000/- & Rs. 300/- respectively inclusive of municipal taxes as she agreed to pay municipal taxes, and according to the agreement of tenancy, the tenants were entitled to make addition and alteration and to let out whole or part of the respective demise premises. Accordingly, Nirmala Devi and Ram Baboo Bansal made addition and alteration as also const...
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