Kolkata Court July 2007 Judgments
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G.S. Atwal and Co. Vs. Ito
Court: Kolkata
Decided on: Jul-04-2007
Reported in: (2007)213CTR(Cal)565
Ashim Kumar Banerjee, J.1. Messrs G. S. Atwal and Company (Asansol) was a partnership firm carrying on construction business at Asansol. One Surjit Singh Atwal was a partner of the said firm who retired from partnership with effect from December 31, 1961. The said firm, however, continued with the other partners as well as new incoming partners. In November 1965, one of the partners named Surinder Singh Atwal being appellant No. 2 made an application for disclosure of income before the income-tax authority and offered to pay tax on the said amount. It was disclosed in the said petition that the said income was for the assessment years 1958-59 to 1961-62 during the period when Surjit was a partner. The income-tax authority allowed the application by accepting such undisclosed income of Rs. 46.15 lakhs and assessed tax accordingly. The income-tax authority imposed the assessed tax accordingly amongst the partners including Surjit. When the order was served on Surjit, Surjit by letter dat...
NizamuddIn Ahmed and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-04-2007
Reported in: AIR2007Cal267,(2007)3CALLT288(HC),2008(1)CHN180
Pratap Kr. Ray, J.1. Challenging the judgment and order dated 25th January, 2006 passed by learned trial Judge in W.P. No. 23160 (W) of 2005, whereby and whereunder learned trial Judge disposed of the writ application without granting any relief in view of the earlier order dated 20th December, 2004 passed in another writ application being W.P. 16621 (W) of 2004, despite a finding that the writ petitioner had made out a prima facie good case, this appeal has been filed by writ petitioners/appellants.2. A stay application was moved by the writ petitioners/appellants praying stay of the selection process for the post of Muslim Marriage Registrar in an office under Kakdwip Police Station, the process of which started in compliance with the order dated 20th December, 2004 aforesaid passed in said writ application. This stay application, registered as CAN 1354 of 2006, was rejected by the order dated 22nd March, 2006 passed by the Division Bench (Coram : Asok Kumar Ganguly, J., as his Lords...
Union of India (Uoi) and ors. Vs. Ashok Biswas and ors.
Court: Kolkata
Decided on: Jul-03-2007
Reported in: 2007(4)CHN252
1. All these five writ applications were heard together as those are preferred against a common order dated May 25, 2007 passed by the Central Administrative Tribunal, Calcutta Bench (Circuit at Port Blair) thereby disposing two applications under Section 19 of the Administrative Tribunals Act (hereinafter referred to as the Act).2. O.A. No. 3/AN/2007 was filed by one T. Wajith, while the other application being O.A No. 11/AN/2007 was filed by 23 other persons before the Tribunal thereby, inter alia, praying for directing (1) Union of India, (2) The Lieutenant Governor, A & N Islands, (3) The Chief Secretary, A & N Administration, (4), The Secretary, Andaman Public Works Department, (5) The Chief Engineer, Andaman Public Works Department and (6) The Assistant Secretary, Andaman Public Works Department, to consider the case of regularization of the applicants' service or to continue the services of the applicants by not giving any effect to the Press Note dated December 14, 2006 by whic...
Bengal Peerless Housing Development Co. Ltd. Vs. Urmila Roy and ors.
Court: Kolkata
Decided on: Jul-02-2007
Reported in: 2007(3)CHN640
S.S. Nijjar, C.J.1. These appeals (FMA Nos. 672 of 2004 and 671 of 2004) have been filed by the State of West Bengal (hereinafter referred to as 'the State') and Bengal Peerless Housing Development Co. Ltd. (hereinafter referred to as 'The Bengal Peerless') against the judgment of the learned Single Judge dated 18.5.2004 passed in W. P. No. 10051/2002/2004 whereby the learned Single Judge has disposed of the writ petition by setting aside the land acquisition proceedings being L.A. Case No. 4/14 of 2000-2001 initiated by the State in respect of the land owned by the respondents. FMA No. 790 of 2006 has been filed by Smt. Krishna Majumdar and others. This common judgment will dispose of all the aforesaid three appeals, as the facts and the law involved are common.2. Two facts as called out from the judgment of the learned Single Judge and the pleadings of the parties are as under:Respondent Nos. 1 to 4 claim to be owners of 6.78 acres of land. According the respondents, they purchased t...
Himangshu Maity and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-02-2007
Reported in: 2007(3)CHN692
Soumitra Pal, J.1. Let affidavit of service filed in Court today be kept with the records.2. In spite of service none appears on behalf of the respondents.3. In the writ application, the petitioner has prayed for a direction upon the respondents to renew the licence regarding storage and sale of mohua flowers for the year 2007-08. Submission has been made that though the petitioner has all along complied with all formalities and has carried out the business in accordance with law, yet the respondents for the reasons best known to them are accepting the application for renewal of licence for the year 2007-08.4. Having heard the learned Advocate for the petitioner and considering the facts and circumstances of the case, the writ petition is disposed of by directing the ADM-cum-Collector of Excise, Paschim Midnapore, the respondent No. 3, to accept the application from the petitioner for grant of renewal of licence regarding storage and sale of mohua flowers for the year 2007-08 unless it...
In Re: Mursalim Sk.
Court: Kolkata
Decided on: Jul-02-2007
Reported in: 2007CriLJ4783
ORDERPratap Kumar Ray, J.1. Heard the learned Advocates appearing for the parties.2. This is an application under Section 439 of the Code of Criminal Procedure which has been referred to this Bench by the Hon'ble the Chief Justice by order dated 18th June, 2007 in view of conflicts of opinion of the Hon'ble members of the Division Bench (Coram : Amit Talukdar and Arun Kumar Bhattacharya, JJ.) while considering the application under Section 439 of the Code of Criminal Procedure filed prior to the statutory period of 90 days was over in terms of Section 167(2) of the Code of Criminal Procedure, a time limit for filing the charge-sheet. From the First Information Report lodged by the complainant to the concerned Officer in charge of the Police Station, it appears that the allegation was made by the complainant, a poor lady, that the accused on the assurance to marry her cohabited and as a resultant effect she became pregnant, but ultimately the accused refused to marry her. It was further...
Girdhar Gopal Dalmia and ors. Vs. Belgachi Tea Co. Ltd. and New Terai ...
Court: Kolkata
Decided on: Jul-02-2007
Reported in: 2007(4)CHN155
Aniruddha Bose, J.1. The present two appeals arise out of two company petitions filed before the Company Law Board (which I shall refer to as the 'Board' in this judgment) under the provisions of Sections 397 and 398 of the Companies Act, 1956, by a group of shareholders in two companies, the Belgachi Tea Company Ltd. and the New Terai Association Ltd. alleging mismanagement of the affairs of the company as well as commission of acts which are harsh, oppressive and burdensome. The two petitions, along with a third petition involving Bateli Tea Company Ltd., in which the main parties to the present two appeals are the main shareholders, was disposed of by the Board by a common order passed on 22nd August, 2006. There are two cross-objections in respect of these two appeals, and the appellants in A.P.O. No. 44 (concerning The New Terai Tea Association Ltd.) has taken out an application being TA/ 301/07 bringing on record certain facts arising subsequent to the order passed by the Board. ...
Manchura Bibi @ Baby Begum Vs. Abdul Majid Mondal and anr.
Court: Kolkata
Decided on: Jul-02-2007
Reported in: 2008(1)CHN1043
Tapan Mukherjee, J.1. This application under Section 482, Criminal Procedure Code is directed against the order dated 20.9.03 passed by learned Chief Judicial Magistrate, Nadia in Misc. Case No. 277(iv) of 2002 under Section 125, Cr.PC.2. The petitioner is a divorced wife of the O.P. No. 1, She filed an application under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act, 1986 and on 30.9.99 the same was disposed of by the Judicial Magistrate, 3rd Court, Krishnanagar granting Rs. 101/- as dower, Rs. 500/- per month for maintenance for iddat period. Then the petitioner filed an application under Section 125, Cr.PC for monthly maintenance at the rate of Rs. 1,500/- per month from the O.P. No. 1 from the date of application. The said application was rejected by the learned Magistrate on 20.9.03 holding that the petitioner has reaped benefit under Section 3 of the Muslim Women (Protection of Rights on Divorce) Act and law does not permit her to maintenance under Section 12...
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