Kolkata Court March 2005 Judgments
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Shri Bhagirath Lohar Vs. Sreematya Sandhya Malakar
Court: Kolkata
Decided on: Mar-07-2005
Reported in: (2005)2CALLT580(HC)
Jyotirmay Bhattacharya, J.1. This application under Article 227 of the Constitution of India is directed against an order dated 24th September, 2004 passed by the learned Civil Judge (Junior Division), 1st Court, Chinsurah, Hooghly in Title Suit No. 22 of 2004 rejecting the petitioner's prayer for setting aside the order of ex parte hearing of the suit on acceptance of written statement filed by the defendant beyond the time allowed to him by the learned Trial Court.2. The petitioner in this revisional application is the defendant in a suit for eviction of licensee and for recovery of damage and injunction.3. June 8, 2004 was fixed by the learned Trial Court for filing the written statement by the defendant. On that date, the written statement could not be filed by the defendant as the learned advocate who was engaged by the defendant in the Court below not only returned the brief on account of his personal inconvenience but also retired from the case on the very same date i.e. June 8,...
Sanjay Kumar Modi Vs. Director of Income-tax (investigation) and ors.
Court: Kolkata
Decided on: Mar-07-2005
Reported in: (2005)199CTR(Cal)666,[2005]278ITR374(Cal)
Kalyan Jyoti Sengupta, J.1. This writ petition is directed against the search warrant dated December 16, 1999, search and panchanama dated December 17, 1999, notice dated December 20, 2000, order dated December 29, 2000, and letter dated May 8, 2001, and all proceedings, notices and orders. The Revenue Department on or about December 17, 1999, at about 8.45 a.m. carried out search and seizure of the petitioner's residence at I/A, M. L. Mitra Road, Calcutta-700 017, purported to be under Section 132 of the Income-tax Act, 1961 (hereinafter referred to as 'the said Act'). Admittedly, in the search warrant and notice, the name of the petitioner was not there. One Sashi Kumar Modi and K. R. International Pvt. Ltd., were the noticees and/or the persons concerned in the search warrant. After completion of the search and seizure of documents and the books of accounts, the writ petition was filed. The petitioner meanwhile also explained and further objected to this action of search and seizure...
Birendra Nath Sharma Vs. Superintendent of Police, Central Bureau of I ...
Court: Kolkata
Decided on: Mar-03-2005
Reported in: 2005(3)CHN188
P.N. Sinha, J.1. This revisional application under Sections 401 and 482 of Cr. PC is directed against orders dated 21.5.04 and 17.6.04 passed by the learned Judge, 1st Special Court, Alipore, South 24-Parganas in RC. AC 2/02A of 2003 granting pardon to two accused persons.2. Mr. Milon Mukherjee, learned Advocate for the petitioner submitted that by the order dated 21.5.04 learned Judge allowed the prayer of prosecution under Section 5 of the Prevention of Corruption Act (P C Act) and tendered pardon to accused No. 3 Sk. Ansu and accused No. 6 Sk. Sadiq Mallick. Subsequently, by order dated 17.6.04 learned Judge allowed the prayer of prosecution and petition of aforesaid two persons relating to acceptance of conditions for the tender of pardon. In view of provisions of Section 5 of the P C Act and Section 306 of Cr. PC, the learned Judge before tendering pardon must satisfy as to whether the person accepting tender of pardon is really interested in making true and full disclosure of the...
Delta Limited and anr. Vs. Regional Provident Fund Commissioner-ii and ...
Court: Kolkata
Decided on: Mar-03-2005
Reported in: 2006(2)CHN271,[2005(106)FLR16],(2005)IIILLJ258Cal
D.K. Seth and Soumitra Pal, JJ.The Background:1. The hearing on the application was concluded and the matter was directed to be placed for orders. The matter appeared for orders today. While addressing the Court on the application for interim order, both the learned counsel had addressed the Court on the merit of the appeal. Therefore, we treat the appeal by consent of the parties as on the day's list for hearing and dispose of the same as hereafter.2. This appeal is preferred against the order dated November 25, 2004 passed by the learned single Judge in W.P. No. 1874 of 2004 dismissing the writ petition. The writ petitioner/appellant was granted exemption by the appropriate authority under the provisions of the Provident Fund Act, 1925 since replaced by the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. On the ground of certain default, a notice was issued by the Regional Provident Fund Commissioner asking the petitioner to show cause why the exemption so granted ...
Maili Biswakarma Vs. Oriental Insurance Co. Ltd. and ors.
Court: Kolkata
Decided on: Mar-03-2005
Reported in: I(2006)ACC198,2005ACJ1758
P.K. Samanta, J.1. This miscellaneous appeal involves a vexed question as to whether a married sister is entitled to a compensation under no fault liability as per the provisions of Section 140 of the Motor Vehicles Act, 1988 (hereinafter called as 'the said Act') on the death of her brother in a motor accident.2. The claim petition was filed under Section 140 of the said Act by the married sister of the deceased. Her case in short is that her brother, namely, Kancha Biswakarma was taking water from a roadside tap on the right side of N.H. 31. At that time the offending vehicle coming from Siliguri at a very high speed hit her brother who died on the spot.3. The respondent insurance company contested the claim case by filing written statement. Although in the said written statement the respondent insurance company denied the fact of accident taking place on the alleged date, time and place but at the hearing of the aforesaid claim case only question raised was as to her entitlement to ...
West Bengal State Electricity Board Vs. Deputy Commissioner of Income ...
Court: Kolkata
Decided on: Mar-02-2005
Reported in: (2005)198CTR(Cal)122,[2005]278ITR218(Cal)
D.K. Seth, J.1. The points raised :In exercise of the powers conferred under Section 120(2) of the IT Act, 1961 (IT Act), the jurisdiction in relation to Chapter XVII-B except Section 195 and those relating to Section 221 were conferred on newly created wards in a newly created income-tax range.-Based on this creation of jurisdiction, two points in this case have since been raised by Dr. Pal, appearing on behalf of the assessee, since opposed by Mr. Agarwal for the Department.1.1 The first point that has been raised is with regard to the charging of interest under Section 201(1A) on the amount defaulted. Dr. Pal contended that interest payable in terms of Sections 234A, 234B and 234C where the statute used the expression 'liable to pay interest' alike Section 201(1A), was held to be discretionary by a circular issued by the Board on 23rd May, 1996, since published in : [1997]225ITR101(Mad) . At the same time, an order passed under Section 201 is appealable under Section 246. Therefore,...
Bajaj Parivahan (P) Limited Vs. Commercial Tax Officer, Howrah Range a ...
Court: Kolkata
Decided on: Mar-02-2005
Reported in: [2005]142STC393(Cal)
S.P. Talukdar, J.1. The present application under Article 226 of the Constitution of India is directed against the judgment and/or order dated March 24, 2004 passed by the West Bengal Taxation Tribunal, hereinafter referred to as 'the Tribunal' in the Case No. RN-110 of 2004.2. The petitioner approached the Tribunal by filing of an application under Section 8 of the West Bengal Taxation Tribunal Act, 1987 and challenged the seizure of 339 bags of various grades of tea by the Commercial Tax Officer, Howrah Range, on March 5, 2004 and the order of penalty dated March 9, 2004 under Section 71 of the West Bengal Sales Tax Act, 1994.3. Petitioner's grievance, as ventilated before the Tribunal, was that the authority concerned in a mechanical way seized the goods being various grades of tea though documents like challans, invoices and consignment notes in respect of the goods loaded in the truck for transportation outside West Bengal were duly shown.4. The said case was contested by the pres...
Coastal Roadways Ltd. Vs. Kanoi Plantation (P) Ltd.
Court: Kolkata
Decided on: Mar-02-2005
Reported in: [2006]132CompCas503(Cal)
Kalyan Jyoti Sengupta, J.1. This batch of execution applications raise legal points as to whether the orders passed by the company court are executable or not, and further whether these orders can be enforced by this Court being the principal civil court. The facts of the execution case are as follows : In each case the petitioners approached the company court initiating proceedings under Sections 433, 434 and 439 of the Companies Act, 1956. The learned company judge disposed of all the proceedings by passing almost identical orders allowing the respective companies to pay the debts by instalments and in default liberty was given, inter alia, to apply for execution of these orders treating them to be decrees. I felt the aforesaid two questions are considerably important, so I took assistance of Mr. A. C. Kar, learned advocate, as amicus curiae.2. Mr. Kar submits drawing my attention to the various provisions of the Companies Act, 1956, that the company court has jurisdiction to pass an...
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