Kolkata Court February 2005 Judgments
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Regional Provident Fund Commissioner and ors. Vs. Atreyee Welfare Trus ...
Court: Kolkata
Decided on: Feb-07-2005
Reported in: 2005(3)CHN613,[2005(107)FLR780],(2005)IIILLJ161Cal
Dilip Kumar Seth, J.1. As prayed for, the name of the appellant No. 1 be deleted from the cause title at the risk of the appellant. The cause title be corrected here and now. The corrected Vakalatnama has since been filed today be taken on record. The defect, thus, stands removed. After having heard the learned counsel for the parties, the application for] addition of parties, being CAN 10673 of 2004, is allowed. Let the applicants be added as respondents in the appeal without prejudice to the rights and contentions of the parties and subject to such objection that might be taken; at the time of hearing. Let the names of the added respondents be included in the Memorandum of Appeal. The application, thus, stands disposed of.In Re: CAN 5492 of 2002 & MAT 817 of 2002.2. While addressing the Court on the question of interim order of stay, the learned counsel for the respective parties had addressed the Court on the merit of the appeal. After having heard the application for interim order,...
Mihir Saha and anr. Vs. Tanmoy Saha and ors.
Court: Kolkata
Decided on: Feb-04-2005
Reported in: AIR2005Cal231,2005(1)CHN606
Bhaskar Bhattacharya, J.1. This application under Article 227 of the Constitution of India is at the instance of Joint Executors in proceedings for grant of probate and is directed against Order No. 57 dated April 25, 2004 passed by the learned District Delegate, Burdwan in Misc (Will Probate) Case No. 38 of 1996 thereby directing the petitioners to pay further Court-fees of Rs. 40,000/- for the purpose of getting probate of the Will or to wait for valuation report from the Collector. Burdwan regarding the property mentioned in item No. 2 of the schedule of the Will.2. The following facts are not in dispute:(a) The petitioners as executors filed an application under Section 276 of Indian Succession Act praying for grant of probate of the last Will and testament of one Promotho Nath Saha. Such application was filed with copy of the original Will annexed and it was registered in the Court of the learned District Delegate at Katwa, Burdwan and numbered as Misc (Will Probate) Case No. 38 o...
Ashima Dutta and anr. Vs. Chandra Nath Bhattacharya
Court: Kolkata
Decided on: Feb-04-2005
Reported in: 2005(2)CHN139
Bhaskar Bhattacharya, J.1. This application under Article 227 of the Constitution of India is at the instance of the opposite party in an application under Section 8 of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as the Act) for pre-emption of the suit property on the ground of adjoining ownership and is directed against order dated 5th January, 2004 passed by the learned Additional District Judge, 2nd Court, Mursidabad in Misc. Appeal No. 42 of 2003 thereby reversing the Order No. 60 dated 16th July, 2003 passed by the learned Civil Judge (Junior Division) Additional-1st Court, Berhampore in Misc. Case No. 5 of 2001 since renumbered as Misc. Case No. 10 of 2003.2. The case made out by the pre-emptor in the application for pre-emption may be summed up thus:(a) The property mentioned in schedule 'Ka' of the application comprising of holding No. 127, Netaji Road, under Berhampore Municipality recordes in R.S. Plot No. 689 and L.R. Plot No. 1284 originally belonged to ...
Chanchal Kumar Das and ors. Vs. Pasupati Nath Das and ors.
Court: Kolkata
Decided on: Feb-04-2005
Reported in: AIR2005Cal212,2005(2)CHN289
D.K. Seth, J.The Backdrop :1. Out of four principal issues involved in the judgment under appeal, three were decided in favour of the propounder of the Will. The Will was found to be (1) duly executed and attested; (2) and genuine; (3) the caveators failed to substantiate that (b) the testatrix at the time of execution of the Will suffered from in senile dimentia. So far issues No. 3(a) and 4 are concerned, it was found that the Will being the product of undue influence exercised by Harendra Nath Das and the execution of the Will being surrounded by suspicious circumstances, the propounder failed to satisfy the conscience of the Court that the Will was the produce of the testatrix's own will and volition and not made under the influence of the propounder.1.1. Against this decision the propounder has preferred this present appeal. No cross-objection or cross-appeal has been filed by the caveator. In this context, the Court has to find out whether the learned Single Judge was right in ho...
Namita Sarkar Vs. Commissioner of Income Tax
Court: Kolkata
Decided on: Feb-04-2005
Reported in: (2005)195CTR(Cal)157,[2005]275ITR590(Cal)
1. The present appeal has been filed by the assessee against the order passed by the learned Tribunal for the asst. yr. 1999-2000.2. The appeal was admitted in terms of the following questions.(i) Whether, upon a true and proper construction of the final decree dt. 10th Feb., 1986 in Title Suit No. 84 of 1956 and the Compromise Petition on the basis of which the same was passed, the Tribunal was justified in law in holding that the sum of Rs. 1,00,000 was mentioned therein as representing the fair market value of the property in the year 1986 or that there are any admission in that regard by the appellant and its purported findings in that behalf are arbitrary, unreasonable and perverse ?(ii) Whether the. Tribunal was justified in law in rejecting the report dt. 20th Sept., 1994 of M/s Talbot & Co. determining the fair market value as on 1st April, 1981 at Rs. 1,35,000 per cottah on the basis of sale instances relating to properties at Wood Street and Ashoka Road, Alipore and in estima...
Sasanka Sekhar Maity Vs. Dulal Kumar Maity and ors.
Court: Kolkata
Decided on: Feb-04-2005
Reported in: 2005(3)CHN259
Asok Kumar Ganguly, J. 1. This appeal has been filed against the judgment and decree dated 30.05.1988 passed by the learned Assistant District Judge at Contain in Other Suit No. 116 of 1980/Other Suit No. 29 of 1979.2. By the judgment and decree under appeal, the learned Judge held that the Probate of the Will was earlier obtained fraudulently by the defendant No. 1, the appellant before us, and the same is liable to be revoked and, accordingly, the learned Judge granted a decree for revocation of the grant of the Probate of the Will by a reasoned judgment. In the said judgment, it was held that the grant of the Probate of the Will obtained in Judicial Miscellaneous Case No. 126 of 1961 in the Court of the learned District Delegate is liable to be revoked and the same was revoked by the judgment under appeal.3. The material facts of the case are that one Upendra Nath Maity, father of the original plaintiff, viz. Subodh Kumar Maity, died on 10.01.1960 leaving behind his wife, three sons...
Shibnath Mukherjee and ors. Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Feb-04-2005
Reported in: 2005(4)CHN447
P.N. Sinha, J.1. This revisional application under Section 482 of Cr. PC has been preferred by the petitioners for quashing complaint case No. C-661 of 2002 under Sections 419 and 420 of the Indian Penal Code (in short IPC) now pending in the Court of the learned Chief Judicial Magistrate (in short CJM), Barasat and the order dated 16.9.02 passed by the learned CJM issuing process against the petitioners and another accused.2. The aforesaid complaint case was started on the basis of complaint lodged by O.P. No. 2 as complainant in the Court of the learned CJM against these petitioners and another accused. It was the allegation of complainant that on the basis of an advertisement in 'Bartaman' Bengali daily newspaper dated 21.2.99 a marriage negotiation between Pranabesh Bagchi, son of complainant and petitioner No. 2 Mohua Bagchi nee Mukherjee was made and in the newspaper the advertisement was published as 'quick marriage, East Bengal Mukherjee, 20/5'1' class X standard, really beauti...
Sk. Noor Mohammad Vs. Samerunnisa Bibi and ors.
Court: Kolkata
Decided on: Feb-04-2005
Reported in: 2005(3)CHN132
Bhaskar Bhattacharya, J.1. These two matters were taken up together as those are interlinked. C.O. No. 1566 of 2004 is at the instance of an applicant for grant of probate and is directed against Order No. 37 dated 9th September, 2003 and Order No. 38 dated 19th September, 2003 passed by the Additional District Judge, 2nd Court, Bankura in Judicial Misc. Case No. 2 of 2003 arising out of Probate Suit No. 4 of 1999. By Order No. 37 the learned Trial Judge allowed the application for restoration of the probate proceedings on payment of costs of Rs. 5,000/- to the respondents. By the subsequent Order No. 38, the Court rejected the application filed by the petitioner for reducing the said costs of Rs. 5,000/- and at the same time dismissed the Misc. Case No. 2 of 2003 for non-compliance of the earlier Order No. 37. The suo motu rule being C.R. 2272 of 2004 was issued by this Court calling upon the respondents to show-cause why earlier Order No. 34 dated 16th July, 2003 passed by the learne...
Sudhangshu Das Vs. Tapan Kumar Adhikary and anr.
Court: Kolkata
Decided on: Feb-04-2005
Reported in: 2006(4)CHN336
Jyotirmay Bhattacharya, J.1. This second appeal is directed against the judgment and decree dated 30th October, 2003 passed by the learned Additional District Judge, Hooghly in Title Appeal No. 174 of 2001 affirming the judgment and decree dated 22nd June, 2001 passed by the learned Civil Judge (Junior Division), 1st Court, Hooghly Sadar in Title Suit No. 224 of 1996.2. The defendant in a suit for eviction under the Transfer of Property Act is the appellant in this appeal.3. The plaintiffs/respondents filed a suit for eviction on termination of relationship of landlord and tenant between the parties after service of notice under Section 106 of the Transfer of Property Act upon the defendant.4. The said suit was decreed on contest by the learned Trial Judge on 22nd June, 2001 whereby the defendant was directed to deliver khas possession of the suit property to the plaintiffs within three months from the date of the decree, failing which the plaintiffs were given liberty to put the decre...
West Bengal Rolling Mills Association and ors. Vs. West Bengal Electri ...
Court: Kolkata
Decided on: Feb-03-2005
Reported in: AIR2005Cal326,(2005)2CALLT104(HC),2005(2)CHN357
Altamas Kabir, A.C.J.1. This appeal has been filed by the West Bengal Rolling Mills Association, a society duly registered under the West Bengal Societies Registration Act, 1961, together with a member of the said association along with a partner of such member, under Section 27 of the Electricity Regulatory Commission Act, 1998, in respect of two orders dated 11th November, 2002 and 16th December, 2002, passed by the West Bengal Electricity Regulatory Commission with regard to the electricity tariff for the years 2000-01 and 2001-02 to be charged by CESC Ltd. from its consumers. In fact, the appeal has been argued on behalf of the appellants by Shri Suresh Agarwal, the appellant No. 2 and the honorary General Secretary of the petitioner association.2. Appearing in support of the appeal, Mr. Agarwal submitted that prior to 1948 tariff determination was done by a Rating Committee under the Electricity (Supply) Act, 1948, wherein the consumers had no role to play. The provisions for such...
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