Kolkata Court September 2007 Judgments
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Joy Mukhopadhyay Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-10-2007
Reported in: [2007(115)FLR1160]
Jayanta Kumar Biswas, J.1. The petitioner in this writ petition dated March 6th, 2002 is seeking a mandamus directing the fourth respondent (the Secretary, West Bengal Regional School Service Commission, Western Region) to recommend him to any secondary school in the state for appointment as an assistant teacher of bio-science (zoology).2. He took the Regional Level Selection Test, 1998 conducted by the West Bengal Regional School Service Commission, Western Region for selecting candidates for appointment as assistant teachers in the secondary schools of the state. The commission conducted the test as the competent authority under the West Bengal School Service Commission Act, 1997. For bio-science a list of one hundred and forty-seven men-candidates was drawn up. The notified vacancies were seventy-eight (fifty-four for men and twenty-four for women) Fifty-six men-candidates were recommended for appointment. The list was to remain alive for one year from the date it was drawn up. Howe...
Joint Commissioner of Income Tax, Vs. I.T.C. Ltd.
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Sep-07-2007
Reported in: (2008)112ITD57(Kol.)
1. This Special Bench has been constituted under Section 255(3) of the Income Tax Act, 1961 by the Hon'ble President, I.T.A.T. in the case of M/s. I.T.C. Ltd. vide I.T.A. No. 1541 (Cal)/2000 for assessment year 1997-98 to consider the following questions: (1) That on the facts and in the circumstances of the case, the Hon'ble CIT(A) has erred in deleting addition of Rs. 38,64,1091-debited to year's revenue account as value of stores written off by holding that it is for the A.O. to prove that consumable stores had either not been used or individually costed less than Rs. 5,0001-ignoring, in the process, the findings in assessment that claim could not be established on record. (2) That, on the facts and in the circumstances of the case, the Hon'ble CIT(A) has erred in deleting addition of Rs. 5,00,000/- on account of building, furniture, fixture & fittings thereby contravening enunciation by the jurisdictional High Court to the defect that prohibition against guest house expenses s...
Joint Commissioner of Income Tax Vs. I.T.C. Ltd.
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Sep-07-2007
Reported in: (2008)115TTJ(Kol.)45
This Special Bench has been constituted under Section 255(3) of the IT Act, 1961 by the Hon'ble President, Tribunal in the case of M/s ITC Ltd. vide ITA No. 1541/Cal/2000 for asst. yr. 1997-98 to consider the following questions: (1) That on the facts and in the circumstances of the case, the Hon'ble CIT(A) has erred in deleting addition of Rs. 38,64,109 debited to year's revenue account as value of stores written off by holding that it is for the AO to prove that consumable stores had cither not been used or individually costed less than Rs. 5,000 ignoring, in the process, the findings in assessment that claim could not be established on record. (2) That, on the facts and in the circumstances of the case, the Hon'ble C1T(A) has erred in deleting addition of Rs. 5.00,000 on account of building, furniture, fixture and fittings thereby contravening enunciation by the jurisdictiorial High Court to the defect (sic-effect) that prohibition against guest house expenses stipulated in Section...
Hooghly Division P.H.E. Contractors Association and ors. Vs. State of ...
Court: Kolkata
Decided on: Sep-07-2007
Reported in: 2007(4)CHN407
Bhaskar Bhattacharya, J.1. This mandamus appeal is the instance of the writ petitioners and is directed against order dated 12th July, 2007 passed by a learned Single Judge of this Court thereby rejecting the prayer of interim order by which the writ petitioners prayed for restraining the respondent authority from giving any effect or further effect to the notice inviting tender dated 30th May, 2007 till the disposal of the writ application.2. The writ petitioners are all Class-I contractors enlisted with the Public Health Engineering Directorate and working with the respondent authority for years. By the writ application, they have challenged the notice inviting a tender dated 30th May, 2007 issued by the respondent No. 7 for improvement of drinking water supply facility of Ramkrishna Math and Ramkrishna Mission, Belur Math, Howrah, on lump sum basis including the supply of all the requisite materials along with design, drawing and specification.3. According to the writ petitioners, i...
Upananda Chatterjee Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-07-2007
Reported in: 2007(4)CHN605
Bhaskar Bhattacharya, J.1. This mandamus appeal is at the instance of an unsuccessful writ petitioner and is directed against an order dated July 24, 2007 passed by a learned Single Judge of this Court by which His Lordship dismissed the writ application filed by the appellant.2. The facts giving rise to filing of the writ application out of which the present mandamus appeal arises may be epitomised thus.3. The appellant was the Pradhan of a Gram Panchayat. On June 1, 2007, several members of the Panchayat issued a notice asking him to convene a meeting for discussion on the issue of 'no confidence' and his consequent removal from the office of the Pradhan. The appellant did not summon a meeting in response to such notice within 15 days in terms of the requirement of the West Bengal Panchayat Act. In view of such refusal on the part of the appellant, the requisitionists called a meeting on June 29, 2007, vide the notice dated June 21, 2007 for holding the same in the office of the Gram...
Rabi Barman Vs. State of W.B.
Court: Kolkata
Decided on: Sep-07-2007
Reported in: 2007CriLJ4469
Girish Chandra Gupta, J.1. The appellant-Rabi Barman, aged about 65 years, by an order dated 22nd January, : 2001 was charged under Section 302 for intentionally causing death of his wife Shanti Barman, aged about 27 years, on 2nd June, ; 1997. He was convicted by the learned Additional Sessions Judge, Fast Track Court, Cooch Behar by a judgment and order dated 21st August, 2004. By an order dated 23rd August, 2004 he was sentenced to suffer rigorous imprisonment for life as also to pay fine of Rs. 2,000/-, in default, to undergo further imprisonment for a period of three months. The appellant has come up in appeal.2. The actual date of marriage between the appellant and his deceased-wife is not available. The FIR reveals that they were married about 8 years prior to the date of occurrence. The case of the prosecution briefly stated is that the deceased-Shanti led conjugal life with the appellant for 4' years but she did not conceive. At that stage she discovered that her husband Rabi ...
Roney Dubey Vs. State of West Bengal
Court: Kolkata
Decided on: Sep-07-2007
Reported in: 2008(1)CHN883,2007CriLJ4577
Girish Chandra Gupta, J.1. The appellant-Roney Dubey, a resident of Jammu, was charged under Sections 498-A, 489-C, 489-D and 489-E. He was convicted by a judgment and order dated 25th November, 2008 passed by the learned Additional Sessions Judge, 1st Court, Jalpaiguri in Sessions Trial No. 19/2002 arising out of Sessions Case No. 37/2002 for offences under each of the aforesaid sections and by a further order passed on the same date, he was sentenced to suffer imprisonment for 10 years as also to pay fine of Rs. 5,000/-, in default, to suffer further imprisonment for six months under Section 489-A of the Indian Penal Code; imprisonment for 7 years for offence under Section 489-C and further imprisonment- for 10 years as also to pay fine of Rs. 5,000/-, in default, to suffer further imprisonment for six months for the offence under Section 489-D of the Indian Penal Code. All the sentences were directed to run concurrently subject to the provisions of Section 428 of the Code of Crimina...
Satya Ranjan Mondal and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-07-2007
Reported in: 2007(4)CHN761
Bhaskar Bhattacharya, J.1. This mandamus appeal is at the instance of the writ petitioners and is directed against the Order dated 30th June, 2005 passed by a learned Single Judge of this Court by which His Lordship dismissed the writ application filed by the appellants wherein they challenged the writ application filed by the appellants wherein they challenged two identical notices both dated May 18, 2005 issued by the Sub-Divisional Officer, Kandi, Murshidabad, in terms of the provisions of Rule 3(2) of the West Bengal Scheduled Castes and Scheduled Tribes (Identification) Rules, 1995 asking them to deposit the caste certificates earlier issued to them as he being prima facie satisfied has decided to start proceeding in terms of Rule 3(1) for cancellation of those certificates earlier issued.2. It appears from record that subsequently a further notice has also been issued in terms of Rule 3(3) asking them to show-cause why the caste certificates earlier issued to them should not be c...
Gopal Porey @ Paria Vs. State of West Bengal
Court: Kolkata
Decided on: Sep-07-2007
Reported in: 2007CriLJ4769
Girish Chandra Gupta, J.1. This appeal has been preferred against the judgment dated 11-9-2003 and order dated 12-9-2003 passed by the learned Additional Sessions Judge, Midnapur in Sessions Trial No. VII (Feb.) 2002.2. Gopal Porey alias Paria was charged under Section 302 of the Indian Penal Code for intentionally and knowingly causing death of Smt. Leela Chakraborty, wife of Shri Shibram Chakraborty on 27th April, 2000. The learned trial Judge by a judgment and order dated 11th September, 2003 held the charge to have duly been proved and convicted the accused. By an order dated 12th September, 2003 the accused was sentenced to suffer rigorous imprisonment for life as also to pay fine of Rs. 2,000/-, in default, to suffer rigorous imprisonment for a period of three months. It is against this conviction and sentence that the present appeal has been preferred.3. The prosecution case briefly stated is as follows:The accused enamoured by the looks of the deceased would frequently visit th...
Ajoy Kumar Ghosh Vs. the State of West Bengal and anr.
Court: Kolkata
Decided on: Sep-07-2007
Reported in: (2008)3CALLT97(HC),2008(1)CHN148,2008CriLJ276
ORDERAshim Kumar Roy, J.1. On June 7. 2005 at around 12 noon the opposite party No. 2 herein Pradip Kumar Chatterjee, Assistant Engineer.(E), S & L.P. Unit, Hooghly (D) Circle, W.B.S.E.B. Taldanga, Chinsurah being accompanied by other officers of WBSEB had been to the business premises of the petitioner where the petitioner, was found running, a husking mill by drawing electricity supplied by the W.B.S.E.B, through the service connection No. GI-358, against his consumer No. 1240417. When upon inspection of his service connection installed at the aforesaid premises, in presence of the local independent witnesses and the representatives of the consumer theft of electricity by dishpnestly tampering Meter and interference with the supply line was detected.The details of tampering detected by W.B.S.E.B. officers are as follows:(a) Tampering of manufacturing paper seals No. (L) 2341495 and (R) 2341495 having 'VOID' marks on both sides of the Meter were detected.(b) On close inspection tamper...
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