Kolkata Court November 2005 Judgments
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Md. Ismail Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Nov-09-2005
Reported in: (2006)1CALLT267(HC),2006(1)CHN390
Jyotirmay Bhattacharya, J.1. The legality and/or validity of the notice by which a meeting was requisitioned by 14 out of 21 members of Chakulia Gram Panchayat for transacting the business on the agenda of removal of Pradhan of the said Gram Panchayat, has been challenged by the Pradhan of the said Gram Panchayat on the following grounds :Firstly on the ground that the requisition of the meeting for the second time within six months from the date appointed for holding the earlier meeting for the said purpose, is barred under the third proviso to Section 12 of the West Bengal Panchayat Act, 1973 (hereinafter referred to as the said Act).Secondly on the ground that requisition of the meeting by the requisitionists without service of prior notice in writing upon the Pradhan requesting him to call a meeting for the said purpose, is illegal being contrary to the scheme as provided in the second proviso to Section 16 of the said Act.2. Mr. Ganguly, learned Advocate, appearing for the petitio...
Syed Mehdi Vs. Md. Ali Jaffar and ors.
Court: Kolkata
Decided on: Nov-09-2005
Reported in: 2006(3)CHN132
Asok Kumar Ganguly, J.1. Both these appeals were filed against an order dated 17th December, 1997 passed by a learned Judge of the First Court. By the said order dated 17th December, 1997, the learned Judge was, inter alia, pleased to dismiss two petitions being G.A. No. 3079 of 1997 and G.A. No. 3732 of 1997 filed by the appellant praying for certain orders. Both the petitions were filed in connection with the Suit No. 2137 of 1965 which was heard and disposed of by a judgment and decree dated 12th June, 1967. It was a proceeding under Section 92 of the Civil Procedure Code.2. The learned Judge of the First Court, however, was pleased to hold that the scheme which was framed in the suit of 1965 cannot remain under the supervision of the Court perpetually since the current events have no connection whatsoever with the plaint filed in the said suit. As such, the learned Judge was pleased to give liberty to the appellant to file, if so advised, a suit in connection with the grievances ra...
Prasanta Ghosh and anr. Vs. Pushkar Kumar Ash and ors.
Court: Kolkata
Decided on: Nov-09-2005
Reported in: 2006(2)CHN277
1. This second appeal is at the instance of the tenant-defendants in a suit for eviction and is preferred against a judgment of affirmation. 2. The respondents filed a suit for eviction of the present appellants on various grounds including the ground of default. 3. After entering appearance in the suit the present appellants filed an application under Section 17(2) of the West Bengal Premises Tenancy Act, but such application was dismissed on the ground that the same was not maintainable as the West Bengal Premises Tenancy Act has no application to the area where the suit premises are situated. 4. It appears that the present appellants preferred a revisional application under Section 115A of the Code of Civil Procedure before the learned Revisional Court below, but the same was found to be not maintainable in view of amendment of Code of Civil Procedure. The appellants however did not pursue further and came up with an application for amendment of written statement alleging that the t...
J.K. Industries Ltd. Vs. Acit
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Nov-08-2005
Reported in: (2006)98ITD158(Kol.)
1. This appeal is against the revisional order Under Section 263 passed by the CIT, Central-I, Calcutta for the A.Y. 1991-92. In the Grounds of appeal the assessee has taken several grounds but in sum and substance the assessee has objected to the legal validity of the CIT's order Under Section 263 directing the A.O. to withdraw the deductions Under Section 80HH & 801 which the A.O. allowed in respect of profits derived from a New Industrial Undertaking situated at Kankroli, Dist. Udaipur, Rajasthan. Before dealing with the grounds of appeal and the arguments of the rival parties it is necessary to set out the undisputed facts.2. The assessee is a Public Limited Company. It was carrying on the business of manufacture of Tyres and Tubes. For the A.Y. 1991-92 the assessee filed its original return on 31st December 1991 declaring income of Rs. 16,05,85,900/-. In this return deductions Under Section 80HH & 80I were not claimed. A revised return was thereafter filed on 30th March 1...
Durgadas Mukhopadhyay Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Nov-08-2005
Reported in: 2007(4)CHN382
1. The principal appeal, being MAT No. 2643 of 1998, was disposed of earlier. It was contended that the other connected appeal being MAT No. 2589 of 1998 and the cross-objection, being COT No. 3019 of 1998, though was heard, was not disposed of. It appears from the order disposing of the principal appeal that no order was passed in relation to the other appeal and the cross-objection. This matter was mentioned, accordingly, it was placed and the matter has been heard on the other appeal, being MAT No. 2589 of 1988 and the cross-objection, being COT No. 3019 of 1998.2. The principal appeal was dismissed and the order of the learned Single Judge was not interfered with. The learned Single Judge was pleased to set aside the disciplinary proceedings with liberty to proceed afresh within three months from the date the decision of the learned Single Judge was rendered in 1998. In view of the pendency of the appeal, the appellant did not proceed with the disciplinary proceedings. Initially, t...
income-tax Officer Vs. Budge Budge Co. Ltd.
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Nov-07-2005
Reported in: (2006)100ITD387(Kol.)
1. This appeal preferred by the revenue is directed against the order passed by the Ld. CIT(A) dated 21-3-2005 for the assessment year 1992-93.2. Briefly stated facts of the case are that the assessee is a sick company, declared by the BIFR. It was running a jute mill, chemical division etc. As the accumulated loss of the assessee-company as on 31-3-1992 exceeded the net worth as on that date, and Industrial Finance Corporation of India (IFCI), the operating agency appointed by BIFR has considered the company unviable, therefore, BIFR declared the assessee-company a sick industrial company. The return showing a loss of Rs. 46,95,467 was filed on 31-12-1992. However, the assessment was completed under Section 144 on 22-3-1995 at 'Nil' income. On first appeal, the Ld. CIT(A) set aside the assessment for reconsideration.During the second round of the assessment, it was found by the Assessing Officer that the assessee claimed depreciation of Rs. 32,77,267 despite the fact that in the year...
Atanu Maity Vs. West Bengal State Electricity Board and ors.
Court: Kolkata
Decided on: Nov-07-2005
Reported in: 2006(1)CHN640
Jayanta Kumar Biswas, J.1. The petitioner is aggrieved by the decision of Station Manager of WBSEB dated September 16, 2005 declining to give him supply of electricity unless he produced no objection and way leave from one Sukesh Chandra Jana.2. Said Sukesh Chandra Jana is the fourth respondent in this writ petition. It has been stated in the writ petition that he is the landlord of the petitioner who is running a shop from the premises concerned.3. It has been stated in the petition that in the capacity of tenant the petitioner had been enjoying electricity through the meter standing in the name of his landlord, but in August, 2005 supply was disconnected illegally. There is no dispute that the petitioner submitted his application for supply of electricity through a separate meter. Said Sri Jana submitted an objection to such application. He stated that since the land and property belonged to him, no meter should be given to the petitioner for supply of electricity. These are the reas...
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