Kolkata Court August 2008 Judgments
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Punjab National Bank Vs. Bengal Potteries Ltd. (In Liqn) and ors.
Court: Kolkata
Decided on: Aug-06-2008
Reported in: 2008(4)CHN727
1. The Court: In view of the judgment rendered by a learned Single Judge of this Court on 15th December, 1995 in the case of UCO Bank v. Concast Products Ltd. (now in liquidation) reported in 1996(1) CLJ 380, the appellant bank chose to file the suit in this Court on 28th August, 1996. The suit was filed after obtaining specific leave from this Court to institute the suit under Section 446 of the Companies Act, 1956. Leave was granted by Hon'ble Mr. Justice Shyamal Kumar Sen by order dated 20th August, 1996. Soon after institution of the suit the plaintiff filed an application for amendment of the plaint, to make a minor correction in the amount claimed. The second application was an interlocutory motion seeking injunction and attachment before judgment against respondent Nos. 2 and 3. Thereafter, the original respondent No. 3 (substituted respondent Nos. 3a to 3d) moved an application for rejection of the plaint and/or dismissal of the suit. All these applications were filed in the ye...
Sudhansumoy Majumdar Vs. the State of West Bengal
Court: Kolkata
Decided on: Aug-05-2008
Reported in: (2008)3CALLT481(HC),2008(4)CHN341
Indira Banerjee, J.1. In this writ application, the petitioner has prayed for orders on the respondents, to count the period of service rendered by the petitioner with Indian Railways, that is, the period from 6th May, 1955 to 1st May, 1964 towards the period of total service rendered, for computation of pension.2. The petitioner was appointed Assistant Teacher of Channdannagore Institute, hereinafter referred to as the Institute on 2nd September, 1964.3. In the writ petition it is stated that the petitioner joined the Institute after obtaining permission from his earlier Employer, that is, the Indian Railways (Eastern Railway), Howrah Division.4. The petitioner retired from service of the School on 28th February, 2005. The pension payable to teachers of recognized non government Schools aided by the Government of West Bengal is governed by the West Bengal Recognized Non government Educational Institution Employees' (Death-cum-retirement) Benefit Scheme, 1981. The 1981 Scheme provides ...
Commissioner of Income-tax Vs. Supreme and Co.
Court: Kolkata
Decided on: Aug-05-2008
Reported in: [2009]177TAXMAN457(Cal)
1. After hearing the learned advocates for the parties and perusing the application for condonation of delay, we are satisfied with the grounds stated in the petition. Accordingly, the delay is condoned. The application under Section 5 of the Limitation Act is allowed. GA No. 1473 of 2008 is thus disposed of.2. We now take up the application for admission of appeal. We have heard learned Advocates for the parties. We have also perused the order passed by the Tribunal. It appears that the Tribunal has specifically held as follows:9. The Id. DR relied on the remand report of the Assessing Officer and contended that the disallowance made by the Assessing Officer was justified. The Id. DR, however, could not assail the argument of the Id. A/R that no item of expenditure under the head commission was found unverifiable.10. We have considered the rival submissions made by both the sides and gone through the records. Prima facie the Assessing Officer neither in the original settlement nor in ...
Chandan Chowdhury and anr. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Aug-04-2008
Reported in: AIR2009Cal56,(2008)IVCALLT54(HC)
Tapan Kumar Dutt, J.1. One Smt. Madhabi Chowdhury, since deceased, who happened to be the sister of the petitioners and one Debu Chowdhury, since deceased, died as an unmarried woman and during her lifetime she had made certain investments with Netaji Colony Post Office and such investments are in the nature of National Savings Certificates, Kishan Vikas Patras (hereinafter referred to as the NSCs and KVPs), Time Deposit Account and Savings Bank Account. In so far as the Time Deposit Account and the Savings Bank Account are concerned there has been no dispute in between the parties since there was no nomination in such investment. But in so far as the NSCs and KVPs are concerned nominations were made by the said Madhabi Chowdhury in favour of the respondent No. 6, Smt. Sanghita Debi.2. The petitioners' case is that the said respondent No. 6, Smt. Sanghita Debi, has since died, and the learned Advocate who was appearing on behalf of the respondent No. 6 had also appeared before this Cou...
Cit Vs. Cpl Tannery
Court: Kolkata
Decided on: Aug-04-2008
Reported in: [2009]138ITR179(Cal)
ORDER1. Perused the petition for condonation of delay. We are satisfied with the grounds made in the petition for condonation of delay. Hence delay is condoned. Accordingly, this application being G.A. No. 867 of 2008.2. It appears that the Tribunal has specifically held as follows:We have heard and considered the rival submissions. We find that in the immediately preceding year, in assessee's own case, there is an order of this Tribunal accepting the fact that the suppliers of hides and skin are processors and are to be recognized as producer of hides and skin, a consequence of which the benefit of Rule 6DD(f)(ii) becomes available to them. The ITAT in assessee's own case vide ITA No. 2472/Kol./2005 for assessment year 2002-03 dated 16-6-2006 has observed as under:We have given our thoughtful consideration to the arguments advanced from both sides and also perused carefully the relevant papers. We find that the assessing officer in his order at para 3.8 states that 'The assessee has a...
Bengal Steel Industries Ltd. Vs. Bank of India and ors.
Court: Kolkata
Decided on: Aug-01-2008
Reported in: (2008)4CALLT113(HC)
Sanjib Banerjee, J.1. In this application for summary judgment under Chapter XIIIA of the Rules on the Original Side of this Court, the plaintiff in this suit for eviction upon expiry of the lease by efflux of time seeks a decree for eviction against the sub-lessees; the lessee having accepted the expiry and having surrendered that part of the leasehold premises that was under her direct occupation.2. Two preliminary points have been taken by the sub-lessees. The first defendant, one of the sub-lessees, says this application is not maintainable as it has not been filed within the window provided by the rules under Chapter XIIIA. The first defendant shows that it has filed a written statement and the application was taken out way beyond the time permissible under the rules following the filing of a written statement. The second defendant, the other sublessee, says that the subject matter of the claim in respect whereof summary judgment is sought is not covered by the first rule under Ch...
Sk. Fakir Mohammad and ors. Vs. Sk. Jan Mohammad and ors.
Court: Kolkata
Decided on: Aug-01-2008
Reported in: (2008)IVCALLT68(HC),2008(4)CHN324
Bhaskar Bhattacharya, J.1. This first appeal is at the instance of the defendants in a suit for partition and is directed against judgment and decree dated 16tn July, 1968 passed by the Subordinate Judge, Purulia, in Title Suit No. 45 of 1961 thereby passing a preliminary decree in a suit for partition by declaring share of the respective parties.2. The case made out by the plaintiffs-respondents may be summed up thus:(a) That the parties were the descendants of Sk. Abdul Chik who was the paternal grandfather of the plaintiff Nos. 1 to 8. Sk. Abdul Chik had three wives, namely, Rahamat Bibi, Jumma Bibi and Batulan Bibi, the defendant No. 3. Of the said three wives, Rahamat and Jumma Bibi died during the lifetime of their husband Sk. Abdul Chik. The defendant No. 4, viz. Abdul Aziz, is the only child of Sk. Abdul Chik through Batulan Bibi. Sk. Pir Ali, the father of the plaintiff Nos. 1 to 8, was the only child of his father through Jumma Bibi. Sk. Pir Ali died at Purulia on 10th March,...
Nagar Sankar Rajendra Vs. Vice-chancellor, West Bengal National Law Un ...
Court: Kolkata
Decided on: Aug-01-2008
Reported in: (2009)1CALLT69(HC),2008(4)CHN349
Soumitra Pal, J.1. The petitioner had appeared in the Common Law Admission Test (hereinafter referred to as 'the CLAT') held pursuant to a Memorandum of Understanding entered into by seven National Law Schools situated in various parts of India. By the said understanding it was resolved that for the purpose of admission to the seven National Law Schools a common admission test - CLAT - would be held which would be conducted on rotation by each of the said schools. As the National Law School of India University, Bangalore (for short 'NLSIU') was the oldest law school, process was set in motion by the said school by giving an undertaking to conduct the admission test for the academic session 2008-2009.2. The petitioner being a member of the scheduled caste community filled up the form for appearing in the Admission Test. His preferences for the institutions were (1) National Law School of India University, Bangalore, (2) NALSAR University of Law, Hyderabad and (3) The West Bengal Nationa...
Biproarshi Guha Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-01-2008
Reported in: (2008)IVCALLT266(HC)
Jayanta Kumar Biswas, J.1. The petitioner has filed this writ petition dated May 15, 2007 seeking a mandamus directing the police to co-operate with the Kolkata Municipal Corporation for carrying into effect and enforcing the demolition order of the special officer (building) of the corporation dated May 29, 2004 made under Section 400(1) of the Kolkata Municipal Corporation Act, 1980.2. On the basis of complaint of the owners of the lands, particulars whereof have been given in the writ petition, dated June 30, 2000 the competent authority of the corporation issued notice under Section 400(1) dated February 12, 2004 initiating the demolition proceedings. The allegation was that on the lands the twelfth and thirteenth respondents, Garia Sabuj Dal, a club registered under the Societies Registration Act, 1963 and Secretary, Garia Sabuj Dal respectively, unauthorisedly erected structures. After making necessary inquiry recording evidence, and hearing the parties, in the proceedings the sp...
Abhijit Kundu and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-01-2008
Reported in: (2008)IVCALLT262(HC)
1. This is an application against the judgment and order of the West Bengal Land Reforms and Tenancy Tribunal dated 19th May, 2006 passed in O.A. No. 1736 of 2004. By the judgment and order impugned, the applicants' application challenging the order of the Block Land and Land Reforms Officer, Matigarah, in the district of Darjeeling as well as the order of the appellate authority being the District Land and Land Reforms Officer, passed in connection with a suo motu proceedings under Section 14T(3) of the West Bengal Land Reforms Act (hereinafter referred to as the said Act), has been dismissed. The aforesaid proceedings was initiated by the Block Land and Land Reforms Officer in the name of the partnership firm viz. Friends and Company.2. Short fact of the case is that one Paresh Nath Kundu, since deceased and one Amulya Kumar Dutta, formed a partnership firm on the basis of an oral agreement. Thereafter, the said oral partnership agreement was reduced in writing by a deed of partnersh...
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