Kolkata Court May 2007 Judgments
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Ramesh Dey and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: May-16-2007
Reported in: 2007(3)CHN775
Kalidas Mukherjee, J.1. This appeal is directed against the judgment of conviction and sentence passed by the learned Additional Sessions Judge, 2nd Court, Bankura in Sessions Trial No. 9(8) of 2001 corresponding to Sessions Case No. 11(3) of 2000 convicting the appellants viz. Ramesh Dey, Mrityunjay Digar and Jayanta Santra Under Section 302/34 and sentencing them to suffer imprisonment for life and to pay a fine of Rs. 5,000/- each in default S.I. for six months. The appellants have also been convicted Under Section 324/34 IPC and sentenced to suffer R.I. for one year and to pay a fine of Rs. 1,000/- each in default to suffer S.I. for two months with the direction that both the sentence shall run concurrently.One Tarapada Mondal lodged complaint with the Kotalpur P.S. alleging that on 27.05.97 at about 9.00 p.m. his sister Kumari Padma Mondal, his mother Sudhamayee Mondal and his aunt Sujata Dey with her little son Suman Dey aged about 4 years sat in the courtyard of the house. At th...
Sri Shyam Sunder Kayal Vs. Mist Valley Binimoy Pvt. Ltd.
Court: Kolkata
Decided on: May-15-2007
Reported in: (2007)3CALLT560(HC),2008(1)CHN900
Tapan Kumar Dutt, J.1. Heard the learned advocates for the respective parties. The facts of the case very briefly are as follows:By a registered deed of settlement dated 25th January, 1968 one Sushil Chandra Kayal conferred life interest in respect of the suit property in favour of his second wife Nalinibala Kayal and it appears that it was stipulated in the said deed of settlement that so long as Nalinibala Kayal will be alive, she will possess, enjoy and maintain the suit property by mutating her name and paying taxes and that from the income of the said property the said Nalinibala Kayal (second wife of Sushil Chandra Kayal) will maintain herself and also one Kalyani Kumar, as indicated in the said deed. It appears that it was further stipulated in the said deed of settlement that the said Nalinibala Kayal will never be able to sell the suit property to any person, but, Nalinibala Koyal will be able to let out the said property and will also hold festival every year on the birth day...
Sunirmal Kumar Roy Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: May-15-2007
Reported in: 2008(1)CHN702,[2007(115)FLR1055]
Ashim Kumar Banerjee, J.1. Moot question involved in this appeal is whether Capexil (previously known as Chemical & Allied Products Export Promotion Council) is amenable to writ jurisdiction or not.2. Appellant filed a writ petition challenging the order of suspension as well as chargesheet issued by Capexil and for other reliefs. The learned Single Judge held that Capexil was not amenable to writ jurisdiction. Hence, this appeal.3. Mr. Arunava Ghosh, learned Counsel appearing for the appellant, contended that the Capexil was an autonomous body set up with the patronage of Ministry of Commerce, Union of India for the purpose of promoting export of chemical and allied products abroad. He drew our attention to various documents pertaining to the formation of Capexil to show that there had been deep and pervasive control by the Central Government over Capexil. Moreover, Capexil was discharging public duty on behalf of the Union. Earlier this Court declared Engineering Export Promotion Cou...
Cycle Corporation of India Ltd. (In Liquidation) Vs. West Bengal Small ...
Court: Kolkata
Decided on: May-15-2007
Reported in: [2008]87SCL267(Cal)
Sanjib Banerjee, J.1. Some startling facts have come to light upon this apparently innocuous application and innocent prayers made by the official liquidator. His action in the entire matter calls for a strict scrutiny as indicated hereinafter.2. The company (in liquidation) had use of a land at the Kalyani Industrial Estate. It appears from the valuer's report that was obtained before the company's assets were put up for sale that sheds 2 to 6 out of the immovable property occupied by the company (in liquidation) had been let out by the Government of West Bengal or one of its agencies, to the company (in liquidation). The unpriced copy of the valuer's report relied upon in the official liquidator's affidavit-in-reply has this to say on the matter:Factory - Units-I and II at Kalyani - Factory units-I and II of the aforesaid liquidated company have been established on monthly rental basis in the Kalyani Industrial Estate. The verbal informations what I have gathered from Sri Tanmoy Bhat...
Pijush Kanti Chowdhury Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-14-2007
Reported in: (2007)2CALLT577(HC),2007(3)CHN178
Bhaskar Bhattacharya, J.1. This application under Article 226/227 of the Constitution of India is at the instance of an unsuccessful applicant before the West Bengal Land Reforms and Tenancy Tribunal and is directed against order dated 19th May, 2006 passed by the Tribunal thereby dismissing the application filed by the writ petitioner challenging the order of vesting under Section 14T(3) of the West Bengal Land Reforms Act in a writ application under Article 226 of the Constitution of India which had been transferred to the Tribunal after constitution of the same under the provisions of the West Bengal Land Reforms and Tenancy Tribunal Act.2. Being dissatisfied, the writ petitioner has come up with the present writ application under Article 226/227 of the Constitution of India.3. Dr. Mondal, the learned Advocate appearing on behalf of the writ petitioner has raised a pure question of law in support of this application.4. According to Dr. Mondal, a Division Bench of this Court in the c...
Asian Leather Limited and anr. Vs. Kolkata Municipal Corporation and o ...
Court: Kolkata
Decided on: May-14-2007
Reported in: (2007)3CALLT64(HC),2007(3)CHN476
Bhaskar Bhattacharya, J.1. All these mandamus appeals along with a separate writ application have been assigned to this Bench for hearing inasmuch as common questions of law arise for determination in all these matters.2. The mandamus appeals are directed against the common judgment dated November 19, 2003 passed by a learned Single Judge of this Court by which His Lordship disposed of nine different writ applications heard analogously by directing the Kolkata Municipal Corporation to accord sanction of the building plans to the respondents without realising any Drainage Development Fees and to refund such fees if already realised. In other words, His Lordship was of the view that the Kolkata Municipal Corporation had no right to realise the Drainage Development Fees as no such right has been conferred upon the Corporation by virtue of the provisions of the Kolkata Municipal Corporation Act or the Rules or the Regulations famed thereunder. In the other writ application, a different lea...
Linkmen Services P. Ltd. and ors. Vs. Tapas Sinha and ors.
Court: Kolkata
Decided on: May-14-2007
Reported in: [2008]141CompCas198(Cal),(2008)2CompLJ61(Cal),[2008]83SCL143(Cal)
Sanjib Banerjee, J.1. The principal challenge in this appeal under Section 10F of the Companies Act from an order disposing of a petition under Sections 397 and 398 of the Act, is as to the finding that the articles of a company cannot empower it to forfeit shares on account of dues other than unpaid calls. The appellants assert that the view taken by the Company Law Board is clearly at variance with the law laid down by the Supreme Court in the judgment Naresh Chandra Sanyal v. Calcutta Stock Exchange Association Ltd. : [1971]2SCR483 , which was cited before the Board.The company is engaged in the business of distribution of satellite signals, as a master control room, to the cable television operators. Its members are the cable operators each of whom has a dual relationship with the company. Members of the company are also its only clients. Amid charges of mismanagement brought by the respondents, the amendment of two articles of the company and the forfeiture of their shares pursuan...
Debarpita Ray Vs. West Bengal University of Health Sciences and ors.
Court: Kolkata
Decided on: May-14-2007
Reported in: 2009(1)CHN76
Pratap Kumar Ray, J.1. Heard the learned Advocates appearing for the parties.2. In terms of our earlier order the appeal as arose out of rejection of the interim order, as prayed for, and the writ application both are taken up for final bearing. The respective parties have filed their respective affidavits-in-opposition and the replies thereof. Since the issue involved herein relates to the simple question as to whether 100 point roster as was directed to be followed by issuing information Booklet and the brochure for admission and on the basis of which selection process started for selecting the meritorious candidates for admission in the Master of Dental Surgery course, hereinafter referred to as MDS course for brevity, could be changed and modified after rank position of the respective candidates in the written test was declared and very precisely at the time of counselling by any roster schedule, namely, 1050 point roster by starting the roster point from the initial first point of...
Pfh Mall and Retail Management Vs. Ito
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: May-11-2007
Reported in: (2008)110ITD337(Kol.)
1. These two appeals of the assessee one is directed against the order dated 24-1-2006 of the learned CIT, Kol.-III passed under Section 263 for assessment year 2001-02 and the other is directed against the order dated 11-10-2006 of learned Commissioner (Appeals)-VIII, Kolkata for assessment year 2003-04 - are disposed of by this common order since the principal issue agitated in both these appeals is substantially the same.2. This appeal by the assessee is directed against the order of the learned CIT, Kol.-IH, passed under Section 263 of the Act for the assessment year 2001 -02. All the grounds originally taken by the assessee are in respect of cancellation of assessment under Section 263, and issuance of direction to assess the income of Rs. 1,75,20,000 under the head of 'Income from house property'. Subsequently the assessee had taken an additional ground challenging the assumption of jurisdiction under Section 263 of the Act by the learned C.I.T., we shall take up the original gr...
Ashok Kumar Gupta and ors. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: May-11-2007
Reported in: AIR2007Cal195,(2007)2CALLT522(HC),2007(3)CHN107
Pranab Kumar Chattopadhyay, J.1. On behalf of the respondent company, a preliminary objection has been raised regarding maintainability of this appeal in view of cessation of the status of the respondent company. In the aforesaid circumstances, we are of the opinion that the issue relating to the maintainability of this appeal should be decided first before deciding any other issue raised in this appeal on merits. Therefore, only point is to be decided at this stage is whether the instant appeal is maintainable. The learned Counsel of the respective parties has also confined their arguments only in relation to the question of maintainability of the instant appeal.2. The writ petition out of which the present appeal arises was filed when the respondent-company was treated as sick company and the question of revival was pending before the BIFR. The writ petitioners, who were employees of Jessop & Co. Ltd. took voluntary retirement under the Voluntary Retirement Scheme, 1998 during March ...
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