Kolkata Court August 2005 Judgments
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Jai Krishna Arora Vs. Maulvi Abdur Rab Firoze Ahmed and Co.
Court: Kolkata
Decided on: Aug-24-2005
Reported in: (2006)1CALLT109(HC),2006(1)CHN26
Soumitra Sen, J.1. By this order the above two applications are being disposed of. G. A. No. 2590 of 2003 has been filed on behalf of the plaintiff, inter alia, praying for the following reliefs:a) Sheriff of Calcutta be directed to put the plaintiff in possession of the entire 1st and 2nd floor of the said premises No. 86, Purushottam Roy Street, Calcutta by removing the defendant and any other person found therein in terms of the order dated 11th May, 1976;b) The Officer-in-Charge, Burrabazar Police Station be directed to depute sufficient number of police personnel at the premises No. 86, Purushottam Roy Street, Calcutta and to break open the lock of any room if any for the purpose of execution of the decree in terms of the order dated 11th May, 1976;c) Suitable direction be given to the Officer-in-Charge, Burrabazar Police Station to depute adequate number of police personnel at premises No. 86, Purushottam Roy Street, Calcutta to render all kinds of assistance for recovery of poss...
Feroz Belal and ors. Vs. Bengal Properties Pvt. Ltd.
Court: Kolkata
Decided on: Aug-24-2005
Reported in: 2006(1)CHN145
Soumitra Sen, J.1. The petitioner has filed a suit against the respondent No. 1, inter alia, for a decree for recovery of peaceful and vacant possession of Premises No. 54/2, Rafi Ahmed Kidwai Road, Calcutta-700 016, and a money decree for a sum of Rs. 3.50 crores towards rates and taxes to be paid to the respondent No. 2 and for other reliefs. The circumstances leading to the filing of the said suit are as follows :(i) The suit property is a wakf property. The original plaintiff was the mutawalli of the said property. The petitioners are now the mutawalli in place and stead of the original plaintiff.(ii) Pursuant to a sanction given by this Court a lease for 51 years was granted in respect of the suit property in favour of the respondent No. 1. The said lease was for a period of 51 years commencing from 5th of April, 1967.(iii) Under the said lease the respondent No. 1 was to pay a premium of Rs. 2,30,000/- and a monthly lease rent of Rs. 3,000/-.(iv) It is alleged by the petitioner t...
Sk. Lutfar Rahaman Vs. Abu HossaIn and anr.
Court: Kolkata
Decided on: Aug-24-2005
Reported in: (2006)3CALLT472(HC)
Arun Kumar Mitra, J.1. This second appeal arises out of a suit for declaration and for injunction. The appellant in this appeal challenged the Judgment and decree passed by the learned Additional District Judge, First Court at Howrah in Title Appeal No. 185 of 1986 on November 22, 1988 affirming the Judgment and decree dated June 28, 1986 passed by the learned Munsif, Amta, Howrah in Title Suit No.8 of 1984. The case made out by the appellant/plaintiff in the plaint in brief is as follows:The properties measuring 1 acre 32 decimals has been described in Schedule-'Ka' to the plaint. The said Schedule- 'Ka' property originally belonged to one Hossain Baksh. A registered deed of settlement dated 22.05.1970 was executed by Hossain Baksh in respect of the disputed properties along with other properties in favour of his wife Mati Bibi. Possession was delivered in her favour. She cultivated some properties personally and the rest were given under Barga cultivation. She sold suit properties to...
Subal Chandra Sahu Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-24-2005
Reported in: 2006(4)CHN853
Arun Kumar Mitra, J.1. In this writ petition the petitioner has prayed for conversion of his option from Contributory Provident Fund scheme to the pension scheme including General Provident Fund that is Pension including Family Pension. The petitioner alleged that he is an assistant teacher in Amarshi Brindaban Chandra Girls High School. VIII and P.O. Amarshi, District-Purba Midnapore and he is an approved teacher.2. In the year 1985 the State Government has issued a notification under Memo No. 136-Edn. (B) dated 15.05.1985 for availing the opportunity for Contributory Provident Fund-cum-Gratuity and in pursuance to the said notification the petitioner exercised his option with a view to availing the opportunity of Contributory Provident Fund.3. Subsequently in relaxation of Memo No. 136-Edn. (B) dated 15.5.1985 and partial modification the Government issued another Memo being No. 496-Edn. (S)/39/91 dated 16.12.1991. In this memo it was observed that the approved teaching and non-teach...
Ajab Ali @ Rajab Ali Vs. State of West Bengal
Court: Kolkata
Decided on: Aug-23-2005
Reported in: 2006(1)CHN102
Debiprasad Sengupta, J.1. This appeal was preferred against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Murshidabad in Sessions Trial No. 3 of March 1999 thereby convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a line of Rs. 5,000/-, in default to suffer R.I. for a further period of 6 months.2. Prosecution case, in short, is that on 23.7.96 at about 7.00 a.m. there was a quarrel between the mother of the de facto complainant and the accused Ajab Ali over the dispute regarding some utensils. At the intervention of the de facto complainant the quarrel subsided to some extent and the de facto complainant (P.W. 1) proceeded towards the house of his father-in-law and within ten minutes thereafter he was informed by one Badsa Sk. that his mother was murdered. P.W. 1 immediately rushed to the place of occurrence and when his mother was being brought to the do...
Manik Shaw Vs. State of West Bengal
Court: Kolkata
Decided on: Aug-23-2005
Reported in: (2006)1CALLT82(HC)
A.K. Bhattacharya, J.1. The present appeal is directed against the judgment and order of conviction and sentence passed by the Learned Additional Sessions Judge, First Court, Hooghly in Sessions Trial Case No. 2(7) of 1999 on 19.01.2000.2. Shortly put, the prosecution case is that on 26.06.1998 at about 10.00 p.m. on receipt of an information from one Narayan Thakur (P.W. 12) regarding lying of defacto complainant's brother Lakshman Mahapatra with bleeding injury in front of water-tap of Akhra, the defacto complainant (P.W. 1) had been there, found the said brother injured in the abdomen caused by knife and on his query Lakshman informed that on the same date at about 9.30 p.m. when accused Manik Shaw asked for khaini, he could not offer, for which the accused abused him followed by stabbing him on his abdomen after drawing out a knife from waist resulting in his fall on the ground and on his raising an alarm while the neighbourers rushed there, he fled away. The complainant removed th...
Noyel Barla Vs. the State of West Bengal
Court: Kolkata
Decided on: Aug-23-2005
Reported in: (2006)1CALLT240(HC),2006(2)CHN442,I(2006)DMC737
Debiprasad Sengupta, J. 1. The present appeal was preferred against the Judgment and order of conviction and sentence dated 29.11.99 passed by the learned Additional Sessions Judge, Alipurduar in Sessions Trial No. 18/1998 (Sessions Case No. 4/98) thereby convicting the accused appellant under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Rs. 2.000/-, in default to suffer R.I. for a further period of 6 months.2. Prosecution case, in short, was that on 19.4.96 at about 8.30 P.M. when the victim Juhuri Barla was engaged in cooking food in the Courtyard, her son and daughter, namely Anil Barla and Santi Barla were sitting by her side and were assisting their mother. Accused Noyel Barla, husband of the victim, was in his room. Suddenly accused Noyel Barla came out of his room with a 'jhurni' in his hand, struck victim Juhuri on her neck and fled away. Victim Juhuri Barla fell down on the Courtyard and died instantly. PW 6 Sunil...
Sridhar Ruidas Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-23-2005
Reported in: 1(2006)CLT379
Arun Kumar Bhattacharya, J.1. The present appeal is directed against the Judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Durgapur in Sessions Case No. 21 of 1993 (S.T. No.20 of 1995) on 20.12.1996.2. The miniaturised version of the Prosecution is that on 27.10.1991, Sunday, at about 1.00 p.m. finding that his third daughter Jayanti Ruidas, aged about ten years, who went to Saraika pond for washing clothes at about 9.00 a.m., did not yet turn up, the defacto complainant Sudhakar Ruidas (P.W. 1) went to the said pond in search of her but could not find her. He informed the matter to his neighbourers. Arun Ruidas (P.W. 3} informed him that he saw Jayanti to wash clothes at the said pond and a number of drenched currency notes kept on the grass near the bank of pond for drying up, and on his query Jayanti reported that at the time of washing clothes, those currency notes kept in the pocket of shirt became, drenched, for which she kept those no...
Mahabir Ghosh Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-23-2005
Reported in: 1(2006)CLT372
Debiprasad Sengupta, J.1. This appeal is preferred against the Judgment and order of conviction and sentence dated 13.7.2001 passed by the learned Additional Sessions Judge, 2nd Court, Malda in Sessions Trial No. 6 of 2001 arising out of Sessions Case No. 74 of 1996 thereby convicting the accused appellant under Sections 307 and 326 of the Indian Penal Code and sentencing him to suffer R.I. for 10 years for the offence under Section 307 and to suffer R.I. for 7 years for the offence under Section 326 of the Indian Penal Code and also to pay a fine of Rs. 5.000/-, in default to suffer further R.I. for 6 months.2. Prosecution case, in short, was that on 5.11.91 at about 3.00/3.30 A.M. when victim Arati Ghose came out of her room to attend nature's call, accused Mahabir Ghosh, who happened to be cousin of Arati, caught hold of Arati, tied her mouth by a gamcha and dragged her to the mango garden of one Fakir Chand Mondal. Accused tried to commit rape on Arati by force and on being resiste...
Abn Amro Bank Nv Vs. Assistant Director of Income-tax
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Aug-22-2005
Reported in: (2006)280ITR117(Kol.)
1. The President, Tribunal, has constituted this Special Bench to decide the following question (in the cases of ABN Amro Bank NV) : "Whether the provision of interest by a permanent establishment of a foreign enterprise payable to head office and/or other branches outside India is allowable deduction and if so, whether the provision of Section 40(a)(i) is attracted in respect of such payment/provision ?" 2. The question in the case of Bank of Tokyo is whether assessee has committed any default in not deducting tax from the payment of interest to its head office or other branches under Section 195 and thereby made itself liable for payment under Section 201 of the Act.3. We shall first take the case of ABN Amro Bank. The assessee-bank in this case is incorporated in Netherlands with a limited liability having its original office at Singapore. It had a branch in India registered in terms of Schedule II of the Reserve Bank of India (RBI) Act, 1934. It carries on banking business in Indi...
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