Kolkata Court December 2006 Judgments

Jharna Sarkar and anr. Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: 2007(1)CHN514

Bhaskar Bhattacharya, J.1. This mandamus appeal is at the instance of the unsuccessful writ petitioners and is directed against the order dated November 25, 2005, passed by a learned Single Judge by which His Lordship dismissed a writ application filed by the present appellants.2. The facts giving rise to filing of the said writ application may be summarized thus:(a) The appellant No. 1 is a partnership firm being represented by the appellant No. 2, one of its partners. The appellant No. 1 carries on business as a wholesale dealer in superior kerosene oil (hereinafter referred to as SKO) having various storage points including the one situated in Metiabruz and also having the required licence for all the storage points separately and has been receiving supply of SKO from Indian Oil Corporation, one of the respondents herein.(b) The grievance of the appellants in the writ application was that the Indian Oil Corporation had illegally curtailed the required quota of the kerosene oil for t...

Amlanabha Das Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: 2007(3)CHN49

Dipankar Datta, J.1. Respondent Nos. 4 and 5 are monthly tenants under the petitioner in respect of a property situate at 103/1, Basanta Lal Saha Road, P.S. Behala, Kolkata - 700 073 (hereafter the said premises). RespondentNo. 4 is the holder of a licence, under the Drugs and Cosmetics Rules, 1945 (hereafter the said rules), authorised to manufacture for sale of drugs specified in Schedule C and C(1) (excluding those specific in Schedule X). The licence, on renewal by the licensing authority, is valid till 26.12.2006.2. Alleging that the respondent Nos. 4 and 5 had been carrying on unauthorised construction in the said premises, the petitioner had approached the Kolkata Municipal Corporation (hereafter the Corporation) with the prayer to initiate appropriate action against them. The Corporation not having acted on the basis of the petitioner's prayer, Writ Petition No. 16602 (W)/05 had been instituted by the petitioner in this Court. By order dated 23.11.2005, the writ petition stood ...

Sudhir D. Ahuja Vs. Employees' State Insurance Corporation and Ors.

Court: Kolkata

Reported in: 2007(2)CHN649

Jayanta Kumar Biswas, J.1. The petitioner is questioning the steps taken by the Employees' State Insurance Corporation for the purpose of recovery of contribution for the period from January, 1990 to March, 1992. He is also questioning the notice dated July 30th, 1991 issued by the corporation asking him to implement the provisions of the Employees' State Insurance Act, 1948.2. The first question that has arisen for consideration is whether this writ petition dated December 20th, 2006 is maintainable at all. Questioning the notice dated July 30th, 1991 and certain other steps taken by the corporation with a view to enforcing provisions of the Employees' State Insurance Act, 1948. The petitioner filed a writ petition in this Court in 1992. In that an order dated May 7th, 1992 was made giving directions for affidavits and granting an interim order in terms of prayer (g) of that writ petition, or condition that the petitioner must invest rupees five thousand in short term deposit in a nat...

Sankar Chandra Ghosh Vs. Smt. Sovarani Bhowmick

Court: Kolkata

Reported in: (2007)2CALLT481(HC)

Arun Kumar Bhattacharya, J.1. The revisional application under Article 227 of the Constitution of India is directed against the order dated 08.09.2006 passed by the learned Civil Judge (Jr. Division), Second Additional Court at Alipore in T.S. 6/2005 refusing the prayer of the petitioner for rejection of the learned Advocate Commissioner's report.2. The circumstances leading to the above application is that the plaintiff/opposite party instituted T.S. 228/94, subsequently renumbered T.S. 6/2005 on transfer to the Court of learned Civil Judge (Jr. Division), second Additional Court at Alipore against the petitioner for eviction inter alia on the ground of reasonable requirement for own use and occupation and filed an application under Order 39 Rule 7 read with Section 151 CP Code for local inspection for (a) noting down the number and measurement of the rooms and other space in occupation of the plaintiff in the ground floor of the disputed premises save and except areas measured earlie...

Shri Sudeep Rai Sharma Vs. the Lieutenant Governor and ors.

Court: Kolkata

Reported in: (2007)2CALLT598(HC)

Pratap Kumar Ray, J.1. The appeal and the connected stay application both were taken up together for final hearing and it was heard on several dates.2. This present appeal being MAT No. 38 of 2006 has been preferred by one Shri Sudip Rai Sharma, Councillor of Ward No. 7 of Port Blair Municipal Council (hereinafter referred to as 'said Council' for brevity), Port Blair, A&N; islands assailing the Judgment and order dated 17.11.2006 passed by D.P. Sengupta, J. In WP No. 20034 (W) of 2006 whereby and whereunder the writ application was allowed by quashing and setting aside the impugned order in the writ application dated 19.8.2006 passed by the Administrator, A&N; Islands disqualifying the writ petitioners who are respondent Nos. 1 to 4 in this appeal, on taking a decision under Regulation 12(4) of the Andaman and Nicobar Islands (Municipal) Regulation, 1994 (hereinafter referred to as 'said Regulation' for brevity).3. The present appellant was one of the elected councillor of the said Co...

Siddhanath Chatterjee and ors. Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: 2007(4)CHN66

Bhaskar Bhattacharya , J.1. This writ application under Article 226/227 of the Constitution of India is at the instance of applicants before the West Bengal State Administrative Tribunal and is directed against the order dated December 15, 2004 passed by the State Administrative. Tribunal in T.A. No. 250 of 2001 arising out of C.O. No. 15740 (W) of 1986 by which the Tribunal has rejected the application filed by the petitioners.2. The writ petitioners are seven in number and out of them, four have already retired from service and the others were serving under the Collector of Birbhum. The petitioner No. 3 has died during the pendency of the present writ application and on his death, his heirs and legal representatives have been brought on record by allowing an application for substitution.3. The case made out by the writ petitioners may be summed up thus:(a) All the seven writ petitioners were appointed as Lower Division Clerk during the years 1965-1969 as direct-recruits and all of th...

In Re: Rehabilitation Industries Corporation Ltd.

Court: Kolkata

Sanjib Banerjee, J.1. The company has sought an order directing it to be wound up on the strength of a special resolution passed at a general meeting of the company on 24-6-2005. By such resolution the company had resolved that steps be taken for it to be wound up.2. The Rehabilitation Industries Corporation Ltd. ('the company'), was incorporated in 1959, and promoted by the Central Government, inter alia, to establish industries and enterprises to provide employment to displaced persons from erstwhile East Pakistan and West Pakistan and repatriates for the then Burma and the then Ceylon.3. In the course of time funds have been poured into the company by the Central Government in furtherance of the cause for which the company was set up. There was little or no return but that was a social cost that the Central Government incurred through the instrumentality of the company. In course of time the company has outlived its purpose and does not carry on any business. The paltry amounts of i...

Agarwala and Co. and ors. Vs. Union of India (Uoi) and ors.

Court: Kolkata

Reported in: AIR2007Cal90

ORDERDebasish Kar Gupta, J.1. The petitioners file this application under Article 226 of the Constitution of India praying for a writ in nature of mandamus to set aside and cancel the memorandum of demand being annexure 'E' to E3 to this writ petition and to forebear the respondents from enforcing realisation of impugned demand in any manner whatsoever.2. The fact of the ease in a nutshell is this on October 8, 1991 M/s. Hari Trading Company and M/s. Laxmi Trading Company despatched iodised salt consignments from Chirai, Gujarat to Bharampur (West Bengal in 30 wagons against bills for Rs. 3,20205/- and Rs. 2,42,831/- respectively. The railways authority at Chirai issued receipts against the loading of such consignments containing endorsements as follows : 'Senders weight accepted SM enroute to weigh and advise jointly destination to weight before delivery'. The senders engaged J. B. Boda surveyors Pvt. Ltd., for supervision of crushed salt in bags for human consumption inB. G. wagons a...

National Insurance Co. Ltd. Vs. Swapan Mudi and anr.

Court: Kolkata

Reported in: 2007ACJ1495

Subhro Kamal Mukherjee and Prabuddha Sankar Banerjee, JJ.1. Since the owner of the offending vehicle, that is, the respondent No. 2 did not contest the case in the court below, service of notice of the appeal on the respondent No. 2 is dispensed with.2. Since Mr. Jayanta Kumar Mondal, learned advocate appears for the claimant-respondent No. 1, the appeal is treated as ready for hearing by appearance.3. Although this is an application for stay, by consent of the parties, we take up the appeal for final hearing.4. This is an appeal against an award passed by Motor Accidents Claims Tribunal awarding Rs. 2,00,000 to the claimant on account of death of his son. Admittedly, the victim was aged about three years at the time of accident.5. It is settled law that in case of a victim, who is a minor having no possibility of earning at the material point of time, compensation should be determined on the footing of non-earning person having the notional income as provided in the Second Schedule to...

Faridabad Investment Company Ltd. Vs. Commissioner of Income-tax

Court: Kolkata

Reported in: (2007)210CTR(Cal)64,[2007]289ITR273(Cal)

Ashim Kumar Banerjee, J.1. The appellant received substantial sums during the assessment years 1991-92, 1992-93, 1993-94 and 1994-95 in consideration of giving up their rights to carry on business of X-ray Medical Systems under a non-competition agreement. According to the appellant such receipts were capital receipts and as such not taxable. The Assessing Officer rejected such contention and assessed those amounts as revenue receipts. The Commissioner of Income-tax (Appeals) reversed the decision of the Assessing Officer and gave full exemption for the amounts involved in the said four assessment years to the appellants. The Revenue preferred an appeal before the Tribunal.2. While the appeal was pending before the Tribunal the Central Government came up with a scheme called 'Kar Vivad Samadhan Scheme, 1998' (hereinafter referred to as the 'said Scheme of 1998'). Under the said Scheme of 1998 where disputes remain pending as on the stipulated date where the assessee was litigating befo...