Kolkata Court June 2007 Judgments
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Dayanand Gupta Vs. Gobind Lall Bangur and ors.
Court: Kolkata
Decided on: Jun-29-2007
Reported in: AIR2007Cal247,(2007)3CALLT379(HC),2007(3)CHN665
Jyotirmay Bhattacharya, J.1. This appeal is directed against the judgment and decree dated 11th October, 1985, passed by the learned Judge, VII Bench, City Civil Court at Calcutta in Ejectment Suit No. 391 of 1976.2. The defendant (tenant) in a suit for eviction under the West Bengal Premises Tenancy Act, 1956, is the appellant before us.3. The suit was filed by the plaintiff/respondent (landlord) for eviction of the tenant from the suit premises on various grounds such as - (i) causing nuisance and annoyance to the plaintiffs and the other occupants of the said premises and (ii) for violation of Clauses (m), (O), (p) of Section 108 of the Transfer of Property Act.4. The suit was ultimately decreed by the learned Trial Judge on the ground of violation of Clause (p) of Section 108 of the Transfer of Property Act, as the learned Court below held that the defendant/appellant raised permanent structure in the suit premises without consent of the landlord.5. The learned Trial Judge, however...
United India Insurance Co. Ltd. Vs. Puti Mahato and ors.
Court: Kolkata
Decided on: Jun-29-2007
Reported in: 2008ACJ127
Pranab Kumar Deb, J.1. The instant application under Article 227 of the Constitution of India has been directed against the order dated 12.12.2006 passed by the learned Judge, Motor Accidents Claims Tribunal, Purulia in Motor Accident Claim Case No. 156 of 2004, whereby the opposite party No. 1/petitioner United India Insurance Co. Ltd. was directed to pay Rs. 50,000 by way of interim award.2. Challenging the impugned order, Mr. K.K. Das, learned Counsel, representing the petitioner, submitted that in passing an award under Section 140 of Motor Vehicles Act, 1988, the learned Tribunal failed to appreciate that insurance company could not be saddled with the liability of paying the compensation under the provision of Section 140 of the Motor Vehicles Act.3. It is submitted that in terms of the provision of Section 140 of the Motor Vehicles Act, only the owner of the vehicle shall, or as the case may be, the owners of the vehicles shall, jointly and severally, be liable to pay compensati...
Chairman, West Bengal School Service Commission and ors. Vs. Shobhit K ...
Court: Kolkata
Decided on: Jun-29-2007
Reported in: 2008(1)CHN194
Ashim Kumar Banerjee, J.1. West Bengal School Service Commission (hereinafter referred to as the 'Commission') published an advertisement, inter alia, for filling up post of Hindi teacher in Western Region. Pursuant to such advertisement the respondent Nos. 1 and 2 applied and passed out in the regional level selection test. The result was published by the Commission as appears from page 147 of the Paper Book which would show that there were four male vacancies for Hindi which were to be filled up from the panel prepared out of the said selection test. In the panel the respondent Nos. 1 and 2 were empanelled at serial Nos. 5 and 6 whereas two female candidates having secured more marks than the respondent Nos. 1 and 2 were placed above the said respondents. All the four vacancies were filled up by first four candidates according to merits. Hence, the respondents No. 1 and 2 could not get any appointment. They approached the learned Single Judge by filing the writ petition. It was conte...
Moushumi Sarkar Vs. Abhijit Sarkar
Court: Kolkata
Decided on: Jun-29-2007
Reported in: 2008(2)CHN149
Tapan Mukherjee, J.1. This revisional application is directed against the order dated 10.1.07 passed by the learned Magistrate, 1st Class in case No. M 488 of 2004 under Section 125 Cr.PC.2. The petitioner filed a petition under Section 125 Cr.PC, against her husband for monthly maintenance allowance of Rs. 15,000/- contending that the petitioner was subjected to cruelty by her husband and other in-laws after marriage and due to torture, the petitioner has been living in her paternal house. The o.p.-husband, in spite of having sufficient means is not maintaining the petitioner who is unable to maintain herself and hence this petition for maintenance allowance was filed.3. Learned Magistrate disbelieved the story of torture and dismissed the application.4. Being aggrieved by the said order, the petitioner-wife has preferred this revision.5. It has been contended by the learned lawyer for the revisionist that the learned Magistrate committed serious and grave error in recording the actua...
i.B. Enterprise and ors. Vs. Cesc Ltd. and ors.
Court: Kolkata
Decided on: Jun-28-2007
Reported in: AIR2007Cal286
ORDERJayanta Kumar Biswas, J.1. The three petitioners in this writ petition dated June 26th, 2007 are seeking writs in the nature of certiorari, prohibition and mandamus directing and commanding CESC Ltd. (the first respondent) not to award the contract for which notice inviting expression of interest was issued on February 27th, 2007 to any third party and to consider their bettered offer.2. Counsel for CESC has raised the question of maintainability of the writ petition. His submissions on the preliminary issue are these, CESC is just a company incorporated under the Companies Act, 1956. It is a private person. The tender process was initiated in connection with its commercial activities, which had nothing to do with any public duty or function. Since it is not a State within the meaning of Article 12 of the Constitution of India, alleging violation of Article 14 no writ petition can be moved against it. To show that CESC is not a State within the meaning of Article 12, he has relied...
Exide Industries Limited and anr. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Jun-27-2007
Reported in: 2007CriLJ206,[2007]292ITR470(Cal)
Ashim Kumar Banerjee, J.1. Section 43B(f) is called in question in this appeal. The said section is quoted below:43B. Certain deductions to be only on actual payment.- Notwithstanding anything contained in any other provision of this Act, a deduction otherwise allowable under this Act in respect of-....(f) any sum payable by the assessee as an employer in lieu of any leave at the credit of his employee.shall be allowed (irrespective of the previous year in which the liability to pay such sum was incurred by the assessee according to the method of accounting regularly employed by him) only in computing the income referred to in Section 28 of that previous year in which such sum is actually paid him:...2. Chapter IV of the IT Act, 1961 (hereinafter referred to as the said 'Act of 1961') deals with computation of business income. Section 36 provides for allowable deductions while computing the income referred to in Section 28. Under Sub-section (1)(ii) of Section 36 any sum paid to an emp...
Debranjan Biswas Vs. State of W.B.
Court: Kolkata
Decided on: Jun-27-2007
Reported in: 2007(4)CHN225
1. By this application, the applicant has challenged the order of the Tribunal dated 12th May, 2004 whereby and whereunder the petitioner's application being O.A. No. 653 of 2003 has been dismissed. Before the Tribunal, the petitioner challenged the order of the Revenue Officer who refused to accept the case of the petitioner that he has filed return in B Form under the West Bengal Estates Acquisition Act, 1953. Consequently order of vesting passed earlier was affirmed and retained and the case was not reopened at all.2. According to the applicants before us, on commencement of the West Bengal Estates Acquisition Act by operation of the law, vesting took place in case of excess land beyond the ceiling limit fixed under the aforesaid statute. In terms of the aforesaid Act, intermediary was supposed to file return in prescribed B Form. According to the petitioner, the vesting order was passed against the dead person. Initially no return was filed as the petitioner contends that the petit...
Bani Rani Das Vs. Manager, National Insurance Co. Ltd. and anr.
Court: Kolkata
Decided on: Jun-27-2007
Reported in: 2008ACJ538
Alok Kumar Basu and Jyotirmay Bhattacharya, JJ.1. This appeal has been directed against the judgment and order of the learned Judge, Motor Accidents Claims Tribunal, Jalpaiguri passed in connection with M.A.C. Case No. 182 of 1996.2. One Bani Rani Das filed an application under Section 140 of Motor Vehicles Act claiming compensation to the tune of Rs. 50,000 on account of death of her son, Pranab Das, out of a motor accident which occurred on 11.3.1996 at about 9.45 a.m. involving the vehicle No. WGV 2556 and the said accident took place when the vehicle while crossing an unmanned railway level crossing at Dakshin Barupara within the P.S. Kotwali in the district of Jalpaiguri collided with the running Trivandram Express and as a result of the accident, Pranab Das along with several other passengers of the vehicle died on the spot.3. The respondent insurance company contested the claim application before the learned Tribunal but the owner of the vehicle, being the opposite party No. 2 o...
Angur Bala Sur and ors. Vs. Saktipada Sur and ors.
Court: Kolkata
Decided on: Jun-26-2007
Reported in: 2007(3)CHN673
Arun Kumar Bhattacharya, J.1. In the present revisional application under Article 227 of the Constitution of India, the petitioner/plaintiffs have sought to assail the order being No. 70 dated March 2, 2007 passed by the learned Civil Judge (Senior Division), Bankura in T.S. 76/2002 refusing their prayer for local investigation.2. The circumstances leading to the above application are that the predecessor of petitioner Nos. 1(a) to 1(e) and 2 to 12 instituted the above suit for declaration of title and injunction. The O.P./defendants described the disputed property as jungle and not bastu, garden and agricultural land, as claimed by the petitioners. So, the petitioners filed an application under Order 26 Rule 9 read with Section 151 CPC for local investigation to ascertain whether there is any jungle in the disputed property etc. which was turned down by the impugned order.3. Being aggrieved by the said order, the petitioners have come up before this Court.4. The object of local invest...
Jyotish Chandra Das Vs. Calcutta Port Trust and ors.
Court: Kolkata
Decided on: Jun-26-2007
Reported in: (2008)ILLJ466Cal
1. This appeal is arising out of an order passed by the Hon'ble First Court dated February 25, 1997 whereby the Hon'ble First Court was pleased to dismiss the writ application filed by the writ petitioner.2. The facts of the case briefly are as follows:In and around 1969, the appellant was appointed as unskilled labourer in Dock Basin Machinery and was promoted to the post of Fitter sometime in 1981. At the relevant point of time the petitioner was acting as senior Fitter in the Department of Chief Mechanical Engineer, Calcutta Port Trust. On May 14, 1992, the appellant availed of a journey to Simla by availing the Leave Travel Concession (hereinafter referred to as 'the LTC') facilities, which the appellant was entitled to enjoy as an employee of the Calcutta Port Trust.3. On September 29, 1992 a charge-sheet was issued to the appellant amongst others on the allegation that neither such journey was undertaken by the appellant nor the 90% LTC advance taken by him was refunded to the re...
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