Kolkata Court August 2005 Judgments
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Priya Nath Basuri and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: Aug-08-2005
Reported in: 2006(1)CHN90
Arun Kumar Bhattacharya, J.1. The present appeal is directed against the judgment and order of conviction and sentence passed by the ld. Additional Sessions Judge, 2nd Court, Midnapore in Sessions Trial case No. XXX/September, 1996 on 29.06.1998.2. The prosecution case, in short, is that on 11.09.1994 at about 12.00 hrs. accused Kameshwar Basuri, Deben Basuri, Pulin Basuri, Jaggeswar Basuri & Gyan Basuri prevented Aswini Basuri (P.W.6) and Ashok Basuri (P.W.8) from catching fish from their purchased land at Charchita Mouza and abused them filthily. At the intervention of Bimal Basuri (P.W.5) the dispute ended were. At about 1.00 p.m. all those accused persons along with accused Priyanath Basuri, Mrityunjoy Basuri, Mrigen Basuri and Satyaban @ Baidyanath Basuri being armed with deadly weapons raided the house of Ashok Basuri and as soon as his father Padmalochan came out, they assaulted him with arrows, axes and crowbars resulting in his death on the spot. When Ashok and Aswini reached ...
In Re: Ushacomm India Private Ltd.
Court: Kolkata
Decided on: Aug-08-2005
Reported in: 2006(2)CHN473
Indira Banerjee, J.1. This is an application under Section 78 read with Sections 100 to 103 of the Companies Act, 1956, hereinafter referred to as the said Act, for confirmation of the proposed reduction of the securities premium account of the petitioner, hereinafter referred to as the company.2. Pursuant to a notice dated 8th December, 2004, an extraordinary general metting of the company was held on 13th December, 2004. A special resolution was adopted at the said extraordinary general meeting, to reduce the securities premium account of the company from Rs. 4649/- lacs to Rs. 2292.95 lacs subject inter alia to confirmation by this Court.3. The special resolution for reduction of the securities premium account of the company was necessitated by reason of loss of the value of intangible assets of the company such as goodwill, trade mark and copyright. The company proposes to adjust the aforesaid loss against its securities premium account.4. Pursuant to an order dated 21th March, 200...
In Re: Atn International Limited
Court: Kolkata
Decided on: Aug-08-2005
Reported in: (2006)2CALLT167(HC)
Indira Banerjee, J.1. This is an application under Sections 100, 101, 102 and 103 of the Companies Act, 1956, hereinafter referred to as the said Act for confirmation of the Special Resolution for reduction of the share capital of the petitioner, hereinafter referred to as the Company, by reducing the face value of equity shares from Rs. 10 per share to Rs. 4 per share, as resolved in the Extra Ordinary General meeting of the Company held on 17th January, 2005.2. The company, which was previously engaged in capital market activity and in running a wind power project, now carries on media and entertainment related business.3. By reason of the crash in the capital market, rush of depositors to prematurely withdraw and/or en-cash their fixed deposits with the Company, and the non functioning of the wind power project of the Company from August 1997 onwards, the Company incurred huge losses. The Company had to dispose of its fixed assets to raise funds to discharge its liabilities towards ...
Hotel Mount View Vs. Commissioner of Income Tax and ors.
Court: Kolkata
Decided on: Aug-05-2005
Reported in: (2006)1CALLT545(HC),(2005)198CTR(Cal)435,[2006]280ITR51(Cal)
D.K. Seth, J.1. The questions:In this appeal two questions have since been framed for being answered by this Court, viz. :(i) Whether the reopening of the assessment under Section 148 Read with Section. 147 of the Act after the expiry of four years can be made on the basis of the report of the valuation officer who has been appointed under Section 131(1)(d) of the Act for proper valuation of the cost of construction of the building ?(ii) Whether the report of the valuation officer in any event is merely an opinion and can be relied upon as a material or evidence on the basis of which the sum of Rs. 12,32,954 can be treated as the undisclosed income of the assessee when the said amount of Rs. 12,32,954 as undisclosed income of the assessee is without any material or evidence ?Submission on behalf of the appellant/assessee :2. Dr. D. Pal, learned senior counsel, appearing on behalf of the appellant, submits that in this case the assessment for the relevant asst. yr. 1993-94 was complete ...
Ashoke Refractories (P) Ltd. Vs. Commissioner of Income Tax
Court: Kolkata
Decided on: Aug-05-2005
Reported in: (2005)199CTR(Cal)115,[2005]279ITR457(Cal)
D.K. Seth, J.1. The question :In this appeal the question to be answered is as follows :'Whether the Tribunal was justified in law in holding that the GP of the appellant for the asst. yrs. 1990-91 and 1991-92 should be calculated at the GP of the asst. yr. 1989-90 at 18.71 per cent and whether the purported findings of the Tribunal in this behalf are based on any material and/or have been arrived at by ignoring the relevant materials and/or by taking into consideration irrelevant and/or extraneous materials and/or are otherwise arbitrary, unreasonable and perverse ?'The facts :2. In this case the assessment years involved are 1990-91 and 1991-92. The AO had found so far as the year 1990-91 is concerned that no stock register or production register was maintained by the assessee. Item-wise quantity of goods produced, the opening stock, the closing stock, the purchases and the sales were not verifiable. The stocks are sold at different rates revealing that the same stock was sold at a l...
Santosh Kumar Dey and anr. Vs. Jayanti Sanyal
Court: Kolkata
Decided on: Aug-05-2005
Reported in: 2005(4)CHN431
Jyotirmay Bhattacharya, J.1. This second appeal is directed against the judgment and decree dated 9th June, 1992 passed by the learned Assistant District Judge 1st Court at Howrah in Title Appeal No. 41 of 1991 affirming the judgment and decree dated 21st December, 1990 passed by the learned Munsif, 2nd Court at Howrah in Title Suit No. 220 of 1986.2. The defendants in a suit for declaration and injunction are the appellants before this Court.3. The plaintiff/respondet filed a suit for declaration of her absolute right of easement by way of grant over the 'B' Schedule passage and for permanent injunction for restraining the defendants, their men and agents from invading upon and/or interfering with the smooth user and enjoyment of the 'B' Schedule property. Thus, the subject-matter of the suit is the passage measuring about 41'6' X 6' over which the plaintiff is claiming her right of easement by way of grant.4. Admittedly one Nandadulal Dutta was the owner of 7 cottah of land at premis...
G. Phalaguna and ors. Vs. the General Manager and ors.
Court: Kolkata
Decided on: Aug-05-2005
Reported in: (2005)3CALLT404(HC)
Jayanta Kumar Biswas, J. 1. Six persons have joined together in this writ petition seeking a mandamus directing the respondents (South Eastern Railway Authorities) not to evict the occupants of a piece of railway land without initiating proceeding under provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.2. The petitioners claim that they are the office bearers of an association (not claimed to be registered) formed by the occupants of the land, commonly known as 'the old settlement area' within P.S. Kharagpur Town in the district of Medinipur (West). They want leave to sue in representative capacity.3. On the admitted facts I am going to indicate presently, and for the reasons which are leading to rejection of the writ petition, I see no scope to make any order regarding the petitioners' prayer to permit them to sue in representative capacity.4. Advocate argues that though the occupants, stated to be there from the year 1964, have no established right to o...
Kawsar Ali Alias Kawsar Sk. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-05-2005
Reported in: AIR2006Cal65,(2005)3CALLT495(HC),2006(3)CHN488
Jayanta Kumar Biswas, J.1. The petitioner is aggrieved by the order of final assessment (described as final assessment bill) dated June 06, 2005 (annexure P/2) made by the Station Manager in the capacity of Assessing Officer within the meaning of Section 126 of the Electricity Act, 2003.2. It has been specifically stated in para 14 of the writ petition that without making any order of provisional assessment, though it was a mandatory statutory duty of the Assessing Officer to make such order, the Assessing Officer made the most arbitrary order of final assessment.3. The order of final assessment (the relevant portions) reads as follows :Your premises bearing at village Haribati having service connection No. IND/149, Consumer No. 155063 was inspected by the Assistant Engineer, S&LP;, Murshidabad Dist. Circle, along with Station Manager, Panchthupier. St. and other staff of WBSEB on 28.05.2005 at about 5.20 A.M. During inspection it was found that you were consumed electricity for runnin...
National Insurance Co. Ltd. Vs. Abdul Khan and ors.
Court: Kolkata
Decided on: Aug-05-2005
Reported in: II(2006)ACC520,2006ACJ1168
P.K. Samanta and Tapan Kumar Dutt, JJ.1. This appeal is by appellant insurance company against the judgment and award passed in the claim case being M.A.C.C. No. 265 of 1995 by the Motor Accidents Claims Tribunal, 2nd Court of the Additional District Judge at Alipore. The aforesaid claim case arose out of an application under Section 166 of the Motor Vehicles Act, 1988 filed by the parents of the deceased victim who met with the unfortunate accident on 2.7.1995 caused by the offending vehicle being lorry No. WBK 1463.2. The learned Claims Tribunal disposed of the same by awarding a total sum of Rs. 1,54,500 by way of compensation to the claimants, parents, on the death of their minor child in the said accident.3. In this appeal, the appellant insurance company has not disputed the involvement of the offending vehicle in the said accident causing the death of the minor. It is not in dispute in this appeal that the said accident occurred due to rash and negligent driving of the said vehi...
Tata Iron and Steel Co. Ltd. Vs. Standard Chrome Ltd.
Court: Kolkata
Decided on: Aug-05-2005
Reported in: 2006(2)CHN378
Pinkai Chandra Ghose, J.1. This appeal is directed from an order dated February 7,2005 whereby the Hon'ble First Court rejected an application filed by the appellant under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act). 2. In this appeal two questions arose before us :-- (a) Whether the appeal is maintainable; (b) Whether the agreement in question contained an Arbitration Clause. 3. Facts also pleaded in the petition that under an agreement dated 5th August, 1993 the appellant herein was to supply the chrome ore to the respondent herein for conversion and for return of the finished materials to the appellant herein. Accordingly, respondent started lifting the chrome ore and receiving the same as well as coke from the appellant. The appellant further incurred various expenses and raises its debit notes in respect thereof as a result a sum of Rs. 2,51,60,753.81/- have become due and payable by the respondent to the appellant in spite of ...
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