Kolkata Court December 2009 Judgments

Bajranglal Sarda and ors. Vs. State of West Bengal and ors.

Court: Kolkata

Dipankar Datta, J.1. Challenge in this petition is to an order passed by the Municipal Commissioner, Kolkata Municipal Corporation (hereafter the Corporation) holding that the plot of land which the petitioners intend to develop was a tank/water body and therefore the bar of Section 17A of the West Bengal Inland Fisheries Act, 1984 (hereafter the Fisheries Act) is attracted. It was further held by him that since the petitioners had been gradually filling up the tank/water body, they shall restore the same in its original position.2. The impugned order is undated and has been forwarded to the first petitioner by the Executive Engineer (C)/PMU of the Corporation by his letter dated 19.4.2008.3. For the purpose of proper adjudication of the issue involved in this writ petition, the genesis of the dispute may be noticed.4. The first two petitioners are joint directors of M/s. Ornate Builders Private Limited, a company within the meaning of the Indian Companies Act, the third petitioner (he...

Ratan Gangopadhyay Vs. Union of India (Uoi) and ors.

Court: Kolkata

Dipankar Datta, J.1. The petitioner is the Container Terminal Manager of the Kolkata Port Trust (hereafter the Trust) since 20.2.1995. He challenges the process of selection leading to appointment of Sri Sanjoy Mukerji, respondent No. 7, as Chief Mechanical Engineer of the Trust. It is, however, not disputed at the bar that the respondent No. 7 on being selected and offered appointment in the post of Chief Mechanical Engineer of the Trust accepted such offer, joined the post and has since resigned with effect from 29.12.2008.2. Notwithstanding such resignation, the petition would not fail for one of the contentions of the petitioner is that his candidature was not considered in the proper perspective. It was contended by Mr. Moitra, learned Senior Advocate representing the petitioner that remarks made against the petitioner, in the comparative statement/broad-sheet containing particulars of contenders for the post that was placed for consideration of the Selection Committee members, we...

Don Bosco Educational Society and anr. Vs. Registrar of Firms Society ...

Court: Kolkata

Syamal Kanti Chakrabarti, J.1. In the instant writ petition the petitioner No. 1 Don Bosco Educational Society has contended that they are a registered society which administers and runs the affairs of a reputed Anglo-Indian school namely, Don Bosco School governed by the provisions of the Code of regulations for Anglo-Indian and other listed schools, 1993 and the petitioner No. 2 is the President of the society. The respondent No. 1, Registrar of Firms, Societies and Non-Trading Corporation is empowered under the West Bengal Societies Registration Act, 1961 to register and regulate the affairs and functions of registered societies. On the application of respondent No. 2, United Guardian Forum, the respondent No. 1 has granted registration to them and under the garb of protecting the interest of guardians of the school, they are now trying to interfere with the day to day administration and functions of the petitioner's school. The further contention of the petitioners is that the resp...

The Registrar of Firms, Societies and Non-trading Corporations and anr ...

Court: Kolkata

Bhaskar Bhattacharya, A.C.J.1. This Mandamus-Appeal is at the instance of the Registrar of Firms, Societies and Non-Trading Corporations, West Bengal, and is directed against an order dated 28th October, 2009 passed by a learned Single Judge of this Court by which His Lordship disposed of the writ-application by directing the appellants to grant registration of the partnership firm of the writ-petitioners within a fortnight from the petitioners' compliance with the requisite formalities.2. Being dissatisfied, the Registrar of Firms, Societies and Non-Trading Corporations, West Bengal, has come up with the present appeal.3. It appears that the writ-petitioners prayed for a direction upon the appellant to register their partnership firm, named, 'Sri Hari Trading Company' on the allegation that in spite of complying with all the formalities required under law, the Registering Authority was not granting registration of the firm which was desirous of carrying on business in foreign liquor a...

Binapani Samanta Vs. Sambhu Mondal and ors.

Court: Kolkata

Prasenjit Mandal, J.1. This first appeal is at the instance of an applicant for revocation of Probate and is directed against the judgment dated September 4, 1990 passed by the learned Additional District Judge, Ninth Court, Alipore, District - South 24 Parganas, in Original Suit No. 5 of 1983 thereby dismissing the proceedings on contest.2. The short fact of the case made out by the appellant is that one Lalit Mohan Das and his wife, Dalimmoyee, had no issue of their own and they adopted the appellant as their own daughter after observing ceremonies in presence of the local people and near relations. The adoptive parents arranged for education and marriage of the adopted daughter. The respondents are the near relations of Dalimmoyee but they did not attend any ceremony of Dalimmoyee being envious of them. Even on the death of Dalimmoyee in 1974, the respondents did not perform any funeral rites and Sradh ceremony. Dalimmoyee was suffering from various ailments at her old age and the a...

Hotel Regal International and anr. Vs. Income-tax Officer and anr.

Court: Kolkata

Reported in: [2010]320ITR573(Cal)

Soumitra Pal, J.1. In the writ petition the petitioners have challenged the notice dated July 16, 2009 issued under Section 148 of the Income-tax Act, 1961 (for short 'the Act') and the notices issued under Sections 142(1) and 143(2) of the Act dated October 21, 2009 and the order dated December 8, 2009 passed by the Income-tax Officer, Ward-2(1), Asansoi, respondent No. 1. The assessment year involved is 2006-07. In brief the facts are that after the petitioner filed the return, the case was selected for scrutiny under Section 143(3) of the said Act. Accordingly, notices were issued by respondent No. 1. The petitioners were represented at the time of proceedings. The case was discussed and heard. The submission is the assessee had disclosed fully and truly the material facts. In the assessment order dated December 29, 2008 under Section 143(3) it was recorded that 'On examination of the relevant documents no specific and mention-worthy discrepancies were found. Therefore, the return f...

Bankura District Diet Suppliers Welfare Association and anr. Vs. the S ...

Court: Kolkata

Bhaskar Bhattacharya, A.C.J.1. Both these mandamus-appeals were taken up together as a common question of law arises for determination in these appeals which have been preferred against a common judgment dated October 1, 2008 passed by a learned Single Judge of this Court by which His Lordship disposed of several writ- applications by a common judgment.2. In all the writ-applications a Memo dated 26th September, 2007, issued by the Joint Secretary to the Government of West Bengal, Department of Health and Family Welfare, was the subject-matter of challenge.3. Prior to November 26, 2001 the system of supplying diet to the indoor patients of the hospitals under the control of the State Government was that the raw materials for diet were supplied by the selected contractors after competitive bidding and food was cooked in the hospitals' kitchens by the cooks/GDAs, being the employees of the Government. Receipt of raw materials, cooking of meals and distribution of the same to the patients...

Smt. Rekha Saha Vs. Commissioner of Income-tax

Court: Kolkata

Reported in: [2010]320ITR568(Cal)

Soumitra Pal, J.1. In the writ petition, the petitioner has challenged the legality and validity of the order dated February 18, 2009 passed by the Commissioner of Income-tax, Durgapur, respondent No. 1, under Section 264 of the Income-tax Act, 1961 (for short 'the Act') and the assessment order dated December 11, 2007 passed under Sections 143(3)/147 of the Act by the Assistant Commissioner of Income-tax, Circle-2, Durgapur, respondent No. 2 and the notice of demand issued pursuant thereto and the notice dated March 16, 2009, under Section 226(3) of the Act for recovery of income-tax demanded relating to the assessment year 2004-05 and proceedings thereunder and in pursuance thereof.2. The facts in brief are that the petitioner is engaged in the business of mechanical fabrication and erection pursuant to orders received from customers. At times, a part of the contract is entrusted to sub-contractors. From the payments required to be made to the sub-contractors, the petitioner deducts ...

Dabriwala Vanijya Udyog Ltd. Vs. Smt. Alka Dalmia and anr.

Court: Kolkata

Reported in: [2010]154CompCas131(Cal)

Bhaskar Bhattacharya, Actg. C.J.1. This appeal is at the instance of a petitioning creditor and is directed against an order dated April 24, 2009, passed by the learned single judge in C.A. No. 344 of 2009 arising out of C.P. No. 242 of 2008 by which the said learned judge stayed the previous order of winding up passed by his Lordship with a direction upon the official liquidator to hand over possession of the hotel owned by the company in liquidation to the said company. His Lordship, accordingly, stayed the order of winding up and the official liquidator was directed to hand over possession of the hotel in question in the course of that day. His Lordship further recorded that the company in liquidation was ready to hand over a pay order amounting to Rs. 2,11,500 and as the petitioning creditor was not in a position to accept the same on that day, the question would be considered on the next adjourned date.2. Being dissatisfied, the petitioning creditor has come up with the present ap...

Sayed Ali and ors. Vs. the State of West Bengal and ors.

Court: Kolkata

Bhaskar Bhattacharya, A.C.J.1. Both the appeals were taken up together as the order impugned in these two appeals is the same one being order dated 17th November, 2009 passed by a learned Single Judge of this Court in W.P. No. 18234(W) of 2009 by which His Lordship allowed the writ-application by passing a direction for holding a fresh meeting for the removal of the Pradhan on 22nd December, 2009 at 12:00 hours in the office of the Gram Panchayat with a direction upon the Requisitionists to serve fresh notice upon all the members through Registered Post with acknowledgement due card with the intimation of the scheduled meeting for removal of the Pradhan.2. Being dissatisfied, the Pradhan has preferred M.A.T. No. 1223 of 2009 while the Requisitionists have preferred the other appeal being AST 1038 of 2009.3. The following facts are not in dispute:In the concerned Gram Panchayat, the total number of members is 17 and 10 out of those members were dissatisfied with the conduct of the Pradh...