Kolkata Court September 2008 Judgments
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Ram Chandra Behera Vs. Sambhu Nath Behera and anr.
Court: Kolkata
Decided on: Sep-17-2008
Reported in: AIR2009Cal94
ORDERBiswanath Somadder, J.1. Pursuant to direction given by this Court on 15th September, 2008 service was effected by the learned advocate for the petitioner upon the respondent No. 2, who also appears before this Court. The affidavit of service, filed in Court today be kept on record.2. Heard the learned advocates appearing for the parties.3. This is an application under Article 227 of the Constitution of India directed against an order, being Order No. 12 dated 5th July, 2008 passed by the learned District Judge-in-charge, Alipore, South 24-Parganas in Miscellaneous Appeal No. 321 of 2008.4. By the order impugned, the learned Court below, in connection with the appeal preferred by the plaintiff against the order of the learned trial Court refusing to grant an ad interim order for appointment of a receiver, allowed the same, ex-parte, with the following observations:On perusal of the said application and on perusal of the entire record with meticulous care, I think that the instant ...
Sujit Alias Jhantu Pradhan and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-16-2008
Reported in: 2009CriLJ1201
Ashim Kumar Banerjee, J.1. On January 18, 1986 Kaberi (not real name) and Kabita (not real name) resident of the District of Baleswar, Orissa came to watch a movie near Thikra More, Police Station-Mohanpur in the District of West Midnapore, West Bengal. After watching the movie they came to Thikramore and were trying to find out a conveyance to go back to their respective residence. They met two boys namely Mantu and Badal being P.W. 3 and P.W. 4. the girls requested the said two boys to arrange for a conveyance for them. They got a rickshaw who demanded Rs. 15.00. The girls could not agree due to paucity of fund. When they were walking through the road the accused got hold of them and brought them to the nearby sweetmeat shop belonging to the appellant No. 2, Shri Gouranga Jana. They promised that they would accompany them to their respective houses. Appellant No. 1 along with one Kesto Das (died before trial) took one of the girls Kaberi to a nearby school by rickshaw. They took her ...
Om Prakash Kajaria Vs. Circular Investment Trust Ltd.
Court: Kolkata
Decided on: Sep-16-2008
Reported in: AIR2009Cal66
ORDERBiswanath Somadder, J.1. Heard the learned advocates appearing on behalf of the parties.2. This is an application under Article 227 of the Constitution of India primarily directed against two orders, being Order No. 84, dated 9th April, 2008 and Order No. 85, dated 10th April, 2008 both passed by the learned Civil Judge (Senior Division), 3rd Court at Alipore, South 24-Parganas in Title Suit No146 of 1981.3. The petitioner in the instant application is the defendant in respect of the suit pending in the Court below.4. By the order impugned, the learned Court below was pleased to allow an application under Order 26, Rule 1 read with Section 151 of the Code of Civil Procedure filed by the plaintiff-company for the purpose of examination and cross-examination of the Managing Director of the plaintiff-company for issuance of a commission.5. The learned advocate appearing on behalf of the petitioner submits that the order impugnsd has been passed by the learned Court below on the basis...
The Municipal Commissioner, the K.M.C. and ors. Vs. Kedar Nath Bansal ...
Court: Kolkata
Decided on: Sep-15-2008
Reported in: (2008)IVCALLT275(HC)
Pratap Kumar Ray, J.1. Assailing the judgment and order dated 3rd March, 2006 passed by learned trial Judge in W.P. No. 2016 of 2005. this appeal has been preferred by the Municipal Commissioner, Kolkata Municipal Corporation and other Officers of the said Corporation. By the impugned judgment under appeal learned trial Judge allowed the writ application filed by the writ petitioners by quashing/setting aside the decision of Municipal Building Tribunal passed in B.T. Appeal No. 49 of 2002 confirming the order of demolition passed by Special Officer (B) in Demolition Case No. 25-D/01-02 and passed the direction to regularize the unauthorized construction by conversion of parking space as servants' room on realizing the penalty as per rule. The relevant portion of the impugned judgment under appeal reads such:I have already mentioned above that neither the Special Officer (Building) nor the Appellate Authority came to a finding regarding violation of any specific Building Rules, in such ...
Southern Cooling Towers Pvt. Ltd. Vs. the State of West Bengal and ors ...
Court: Kolkata
Decided on: Sep-15-2008
Reported in: (2008)4CALLT334(HC)
Ashim Kumar Banerjee, J.1. The appellant is engaged in manufacturing of cooling towers, commonly used in various industrial sectors. For the purpose of manufacturing cooling towers the appellant uses imported pine wood being one of the main ingredients of the cooling tower. Appellant imported pine wood through a Gujarat Importer. On the perusal of the sale documents it appears that the entire sale took place at Gujarat outside State of West Bengal. The appellant after bringing the pine wood logs from Gujarat manufactures cooling towers in its factory situated at Dhakuria, within the jurisdiction of Alipore Sadar Regulated Market Committee. The appellant applied for a licence before the said Market Committee. The Market Committee also granted them licence to deal with such agricultural produce. Xerox copy of the relevant licence would appear from page 26-27 of the paper book.2. In 1998 the Market Committee asked the appellant to submit return for the purpose of calculation of levy payab...
Sanjib Kumar Agarwal Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Sep-15-2008
Reported in: [2009]310ITR295(Cal),[2009]176TAXMAN443(Cal)
ORDER1. We have heard the learned Counsel for the parties.2. In this reference under Section 256(2) of the Income-tax Act, 1961 for the assessment year 1989-90, the following questions have been referred for the opinion of this Court:(i) Whether on the facts and in the circumstances of the case, the Tribunal was justified in holding that the Commission for the period 1-7-1988 to 31-3-1989 accrued to the assessee in the previous year relevant to the assessment year 1989-90?(ii) Whether on the facts and in the circumstances of the case and having regard to the true meaning of the word 'accrual', the assessee had a right to receive the commission income in the previous year relevant to the assessment year 1989-90 and there was accrual of such income in the hands of the assessee during the said period?3. It appears that the assessee was whole time Director of the company in question, namely, M/s. Hidusthan Safety Glass Works Limited (hereinafter referred to as 'the said company'). As per t...
Vivek Kathotia Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-15-2008
Reported in: 2009(1)CHN119
INTRODUCTION1. What was felt to be just desert by the opposite party Nos. 2, 3 and 4 was not found to be just justice for the petitioner. This antithesis has paved the way for filing of this application at the instance of the petitioner, who feels that he has not received just justice while the opposite party Nos. 2,3 and 4 has sought to sustain their sense of just desert.BACKGROUND FACTS2. The petitioner hereinabove had taken out an application under Sub-section (3) of Section 156 before the learned Chief Judicial Magistrate, Alipore on 18.02.2008 praying for necessary direction upon Bhowanipore Police Station for causing an investigation into the allegations contained in the said petition in respect of the offence punishable under Sections 420, 406, 467, 468, 471 of the Indian Penal Code by way of treating the same as a First Information Report.Acting on the basis of the same, the learned Chief Judicial Magistrate, Alipore directed Bhowanipore Police Station to cause an investigation...
R.S. Lodha Vs. Laxmi Devi Newar
Court: Kolkata
Decided on: Sep-12-2008
Reported in: (2008)4CALLT370(HC)
Kalyan Jyoti Sengupta, J.1. The Court: On 9th May, 2008 in terms of the direction of the Hon'ble Supreme Court this Court took up hearing of the Testamentary Suit being T.S. 6 of 2004 (previously PLA 204 of 2004-In the goods of Priyamvada Devi Birla, since deceased).2. Mr. A.K. Mitra appearing with Mr. P. Chatterjee, learned Senior Advocates for the plaintiff/applicant raised the question of jurisdiction of this Court contending that there has been no lawful assignment of the said testamentary matter. Their basic arguments were noted in the order dated 9th May 2008. Counter-arguments advanced by Mr. S. Pal appearing with Mr. S.P. Sarkar, senior advocates, on behalf of the defendants were also noted. In addition thereto, on several days thereafter detailed arguments were advanced. Before detailed arguments were advanced all the xerox copies of the orders of assignment made by the then Hon'ble Acting Chief Justice had also been supplied to the parties. Presently argument center round in ...
Narbheram Finance Company Limited Vs. Parijat Vyapaar Pvt. Limited
Court: Kolkata
Decided on: Sep-11-2008
Reported in: (2009)1CALLT146(HC)
Sanjib Banerjee, J.1. These matters have seen more than the fair share of confusion that is associated with execution proceedings. Between the judgment-debtors' attempt to depress figures and the decree-holder financier's insatiable craving for interest, there is the understandable yawning gap between what is claimed to be due by the decree-holder and the refund claimed by the judgment-debtors. But the disarray in both ranks, the disagreement between the two sides on the interpretation of a simple mistaken reference in the consent terms and the inexplicable confusion over documents and dates leading to waste of court time have been the avoidable impediments.2. Arbitration references made in respect of two hire purchase agreements of July 23, 1999 and February 24, 2001 were disposed of by terms of settlement filed before the arbitral tribunal on December 12, 2003. Under the agreement of 1999 the decree-holder had financed an excavator and under the agreement of 2001 the decree-holder ha...
Sri Tarak Nath Paul Vs. Sri Joy Krishna Dhara and ors.
Court: Kolkata
Decided on: Sep-11-2008
Reported in: (2008)IVCALLT57(HC)
Partha Sakha Datta, J.1. This Second Appeal is directed against the judgment and decree dated 3rd December, 1992 passed by learned Additional District Judge, 1st Court, Howrah allowing the appeal and thereby dismissing the suit on contest after reversing the judgment and decree dated 27th of June, 1990 passed in Title Suit No. 20 of 1985 by the learned Assistant District judge, 3rd Court, Howrah whereby the suit was decreed on contest.2. Bereft all necessary verbiages the plaint case of the appellant-plaintiff is that the suit properties comprised in good number of plots appertaining to Khatian No. 1369 in Mouza - Khariap under P.S. Amta in the district of Howrah belonged to Smt. Parul Bala who died in 1940 leaving behind her three sons i.e. Biswanath, Baidyanath and Tarak Nath. Biswanath is the defendant No. 3, Baidyanath is proforma defendant No. 5 and Taraknath is the plaintiff. Some time after the death of Parul Bala her husband Nanda Kumar Pal became untraced and remained unheard ...
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