Kolkata Court February 2007 Judgments

Pampasar Distillery Ltd. Vs. Asstt. Cit

Court: Income Tax Appellate Tribunal ITAT Kolkata

1. ITA No. 304/Kol./2005 and CO. Nos. 227 and 228/Kol./2005 are filed by the assessee for assessment years 1999-2000 to 2001-02 respectively.The ITA No. 558/Kol./2005, ITA No. 559/Kol./2005 and ITA No. 560/ Kol./2005 are the appeals filed by the revenue for assessment years 1999-2000 to 2001-02. All the above appeals by the revenue and appeal and cross-objection by the assessee are directed against the common order of Commissioner (Appeals)-V, Kolkata dated 19-11-2004. ITA Nos.1672 to 1676/Kol./2005 are filed by the revenue for assessment years 1994-95 to 1998-99.2. In the assessee's appeal in ITA No. 304/Kol./2005 as well as in Cross Objection Nos. 227 and 228/Kol./2005 filed by the assessee, it has raised additional ground which reads as under: The order needs to be vacated as on the date of passing of order the company was non-existent having merged with Shah Wallace Distilleries Ltd. with effect from 1-7-2000.3. At the time of hearing before us it is stated by the ld. Counsel that...

Jagannath Business Service Pvt. Ltd. and anr. Vs. West Bengal Financia ...

Court: Kolkata

Reported in: AIR2007Cal117

Girish Chandra Gupta, J.1. A notice dated 6th July, 2005 is the subject-matter of challenge in this writ petition. The facts and circumstances of the case briefly stated are as follows:2. The respondent No. 1 the West Bengal Financial Corporation (WBFC for short) and the respondent No. 4 the West Bengal Industrial Development Corporation Ltd. (WBIDC for short) are both the mortgagees in respect of the immovable properties belonging to S.P. Cycles Limited situate at Narendrapur in the district of 24-Parganas (South). The respondent No. 4/WBIDC advertised a sale notice intending to sell the fixed assets of the aforesaid S.P. Cycles Ltd. on terms and conditions available with the Follow Up and Recovery Division. Intending purchasers were to submit their tender to be opened on 10th November, 1997. The writ petitioner's offer to purchase the assets at a sum of Rs. 69 lakhs was accepted by WBIDC by its letter dated 9th February, 2000. The sum of Rs. 69 lakhs included down payment of a sum of...

Prabir Das Vs. State of West Bengal

Court: Kolkata

Reported in: 2007(3)CHN91

S.P. Talukdar, J.1. Petitioner by filing the instant application under Section 401 read with Section 482 of the Criminal Procedure Code sought to assail Order No. 1 dated 12.09.2006 passed by the learned Additional District and Sessions Judge, 9th Fast Track Court, Bichar Bhavan, Kolkata.2. Grievances of the petitioner may briefly be stated as follows:On 21.12.2004 one, Narayan Chandra Saha, lodged a complaint alleging that on the said night at about 12.30 a.m. one, Prabir Das, son of late Nanda Lal Das, assaulted him with fists and blows. As a result, he sustained injury on his right eye. He was taken to R.G. Kar Medical College & Hospital and was admitted in the Eye Department of the said hospital. On the basis of such complaint Burtolla Police Station stated a case under Section 323/341 of Indian Penal Code. The said case was duly investigated and after completion of investigation police submitted chargesheet in the said case for the offence under Section 304 of Indian Penal Code. T...

Nascent Laboratory (Pvt.) Limited and anr. Vs. Regional Provident Fund

Court: Kolkata

Reported in: 2007(3)CHN570,[2008(116)FLR188]

Ashim Kumar Roy, J.1. This criminal revision is directed against the judgment of an Appellate Court, whereby the learned Appellate Court confirmed the order of conviction and sentence of the petitioners passed by the Trial Court in connection with the offence punishable under the provisions of Employees' Provident Fund and Miscellaneous Provisions Act.2. The brief facts of the case are as follows:The accused No. 1, M/s, Nascent Laboratory (Private) Limited occupier of M/s Pharmachem Laboratory is an establishment covered under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952. Accused Smt. Balaka Nath, Chairman along with Sudhamoy Nath, Managing Director, at all material times were person in-charge of the establishment and were responsible to conduct its business and in discharge of such responsibility took part in running of the said business. The accused persons being the employers failed to pay the contribution amounting to Rs. 2,238/- for the month of October, 19...

Afjal HossaIn and ors. Vs. State of West Bengal and anr.

Court: Kolkata

Reported in: 2007(4)CHN482

Ashim Kumar Roy, J.1. Aggrieved by a judgment and order of the learned Additional Sessions Judge setting aside the order of acquittal of the petitioners for the alleged offences under Section 498A/323 of the Indian Penal Code and directing their re-trial, the petitioners moved this criminal revision before this Hon'ble Court.2. The petitioners were placed on trial before the learned Judicial Magistrate, Uttar Dinajpur, Raigunge to answer a charge under Section 323/498A of the Indian Penal Code. The learned Judicial Magistrate by a judgment and order dated July 29, 2003, acquitted the petitioners of the said charges.Against the said order of acquittal the opposite party No. 2, the de facto-complainant of the case moved a criminal revision before the Sessions Court, Uttar Dinajpur. The learned Additional District and Sessions Judge, Fast Track, 2nd Court, Raigunge, Uttar Dinajpur by his judgment and order dated January 21, 2005 set aside the said order of acquittal and remanded back the ...

Contai Co-operative Bank Ltd. Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: AIR2008Cal46

ORDERJayanta Kumar Biswas, J.1. The petitioner is a Co-operative society registered under the West Bengal Co-Operative Societies Act, 1983. It is aggrieved by the order of the Registering Authority, M.V. Department, Paschim Medinipur dated November 20,2006, relevant portion whereof is : 'In connection with the above mentioned subject, this to inform you that as the R.O. of the vehicle has raised strong objection against transfer of ownership and as you have not produced any order of any Hon'ble Court regarding transfer of property, so you are directed to submit the order of the Hon'ble Court to this authority in support of transfer of ownership of this vehicle.'2. The vehicle in question was purchased by the fourth respondent (Sri Gour Chandra Roy) with the fund of the society lent to the fourth respondent. The parties entered into a hypothecation agreement in terms whereof on the fourth respondent's failure to repay the loan the society was to acquire the right to take possession of t...

Badal Sardar and ors. Vs. State of West Bengal

Court: Kolkata

Reported in: 2007(2)CHN670

Kalidas Mukherjee, J.1. This appeal is directed against the judgment of conviction and sentence passed by the learned Additional Sessions Judge, 1st Court-Alipore, 24-Parganas (South) in Sessions Case No. 6 (10)/90 corresponding to the Sessions Trial No. (4)/92 convicting the accused persons and sentencing them to suffer imprisonment for life under Section 302/34 Indian Penal Code.One Dibakar Sardar lodged the complaint with the police station alleging that on 8.7.87 at about 5.30 a.m. he along with his father Kalipada, uncle Nemai Sardar and cousin Nirmal Sardar went to plough their lands at plot No. 980. Suddenly his neighbour and cousin brother Bhola Sardar, Badal Sardar, Kartick Sardar, Ganesh Sardar and Subal being armed with lathi, spears, sword, iron rod came to assault them The informant Dibakar and his father Kalipada were running away out of fear and Kalipada being an old person fell down on the ground. Bhola struck Kalipada on the head with iron rod and the others assaulted ...

State of West Bengal Vs. Banshidhar Dawn, Utpal Das, Haradhan @ Bhalta ...

Court: Kolkata

Reported in: 2007(3)CHN608

Alok Kumar Basu, J.1. One Smt. Sitarani Jha, wife of Upendranath Jha, of village Mahindarpur of district Begusarai, on 29th April, 1984 at 10.45 a.m. coming to Bardhaman P.S. lodged a written complaint to the effect that on previous day that is on 28th April, 1984 at about 8 p.m. when she came at Bardhaman Railway Station and was about to go to Badamtala bus stand in a rickshaw, she was intercepted on her way by four of five persons and thereafter she was taken forcibly to a house under construction and thereafter two of those persons forcibly committed rape on her one after another. Smt. Sitarani Jha further stated in her complaint that after commission of rape she was left in a nearby tea stall and after sometime one Parimal Babu and Probal Babu and some other public rescued her from the shop and took her to the house of one of her relative. Smt. Jha further stated in her complaint that on the next morning i.e. on 29th April, 1984 local people brought one Utpal Das, one Haradhan @ Vh...

State of West Bengal and ors. Vs. Sampa Ghosh and ors.

Court: Kolkata

Reported in: 2007(3)CHN693

1. Both the appeals have been preferred against a common judgment and order whereby and whereunder the learned Single Judge has set aside the appointment of one Sri Shyama Prosad Mandal who is the appellant in the appeal being M.A.T. No. 4751 of 2005 and the writ petitioner (respondent No. 1 in M.A.T. No. 4751 of 2005) viz. Smt. Sampa Ghosh was directed to be appointed by the learned Single Judge.2. The writ petition was filed by Sampa challenging formation of the panel prepared on 29th June, 2005 for the purpose of appointment to the post of Clerk-cum-Typist under Mathurapur- I Panchayat Samity, District- 24-Parganas (South) and further to initiate fresh selection process involving the same set of candidates for the said post of Clerk-cum-Typist under Mathurapur-1 Panchayat Samiti. Therefore, the challenge was basically against formation of the panel. The learned Single Judge after hearing the parties and considering the materials placed before him found that the selection process, pa...

Khandeker Moazzem HossaIn and anr. Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: 2007(2)CHN201

1. Pursuant to the earlier order, today Mr. Roy, the learned Advocate General appearing on behalf of the State-respondent, has given a further report pointing out different cases initiating by the State Government against owners of the vehicles who had unauthorizedly used red light for their vehicle. Let the said report be kept with the record.2. As regards the allegation of the writ petitioner made in the supplementary affidavit pursuant to our order dated 2nd February, 2007, Mr. Roy submits that his client will file further affidavit disclosing what actions have been taken against those persons or whether those allegations are at all true or not. Let such affidavit be given within fortnight.3. One thing, however, is clear from the provisions contained in Rule 226 of the West Bengal Motor Vehicles Rules, 1989 that even if a person is entitled to use red light on the car, such red light should not be fitted at the top of the front side of the vehicle except in cases of Ambulance, Polic...