Kolkata Court March 2009 Judgments

Tapesh Prasad Chowdhury Vs. State of West Bengal

Court: Kolkata

Ashim Kumar Banerjee, J.1. One Indra Bhusan Chowdhury was the owner of the subject land. After his death the land devolved upon the heirs of Indra Bhusan Chowdhury, including Tapesh Prasad Chowdhury. On a family arrangement Tapesh became the owner of 1.99 acres of land being the subject matter of the writ petition. The land being Dag No. 352/917 was conveyed in favour of Tapesh by the other heirs pursuant to Registered Deed of Exchange executed on May 25, 1995. Dag No. 354 was conveyed by a Registered Deed of Sale in favour of Tapesh on May 30, 1991 whereas Dag No. 366 was conveyed in his favour by Registered Deed of Sale dated June 1, 1991. The private respondents claimed that their father Nakul Chandra Das was a Bargadar under Indra Bhusan Chowdhury. After the death of Indra Bhusan, sons of Nakul being the respondent Nos. 6 to 9 were in possession of the land in question as Bargadar. There was no dispute between the owner and the Bargadar at any point of time until 1998. However, on ...

Sasanka Sekhar Bhattacharyya and anr. Vs. Surajit Mohan Bardhan

Court: Kolkata

Bhaskar Bhattacharya, J.1. This first appeal is at the instance of the plaintiffs in a suit for specific performance of contract and is directed against the judgment and decree dated 7th May, 1997 passed by the Assistant District Judge, Ninth Court, Alipore, District-South 24-Parganas, in Title Suit No. 32 of 1991 thereby granting a decree for recovery of possession of Schedule 'A' property, as mentioned in the counterclaim, in favour of the defendant with a direction upon the plaintiffs to hand over possession in favour of the defendant within three months from the date of passing of decree.2. Being dissatisfied, the plaintiffs have come up with the present first appeal.3. It appears from record that in the suit for specific performance of contract, the written statement was filed in the month of August, 1991 and long thereafter, on 16th June, 1994, while the hearing of the suit was going on by leading evidence, the defendant came up with an application for amendment of the written st...

G.E. Capital Transportation Financial Services Ltd. Vs. Amritajit Mitr ...

Court: Kolkata

Bhaskar Bhattacharya, J.1. The above twenty-one first miscellaneous appeals with the connected applications were heard analogously as the points involved in all these appeals were more or less similar. The facts involved in these appeals are also to some extent similar with slight variations in some of the cases. Accordingly, we decided to hear out all these appeals together and have heard the learned Counsel appearing for the respective parties.2. All these appeals are preferred by the financier and are directed against similar orders passed by the learned Trial Judge thereby extending the ad interim order of injunction earlier granted in the proceeding by restraining the financier from taking possession of the vehicle which is the subject-matter of the dispute till the disposal of the application for temporary injunction in spite of the fact that the financier-appellant entered appearance and filed applications under Sections 5 and 8 of the Arbitration and Conciliation Act pointing o...

Subhas Chandra Bhaniramka Vs. Assistant Commissioner of Income Tax

Court: Kolkata

Reported in: (2009)226CTR(Cal)84,[2010]321ITR349(Cal)

Soumitra Pal, J.1. Subhash Chandra Bhaniramka, the writ petitioner, has challenged the notice dt. 31st Aug., 2007 under Section 158BD of the IT Act, 1961 (in short 'the Act') issued by the Asstt. CIT, Circle-38 Kolkata, the respondent No. 1. The facts, as stated in the petition, in brief are that the Asstt. CIT, Central Circle XXIII, Kolkata, respondent No. 2, by a notice dt. 18th Aug., 2005 requested the petitioner to prepare a true and correct return of total income including the undisclosed income in the status of a company for the block period from 1st April, 1996 to 28th Oct., 2002 under Section 158BD(a) of the Act. Accordingly, on 7th Nov., 2005 as he is assessed as an individual, the petitioner filed the return in the said status. By notice dt. 5th July, 2006 the respondent No. 2 requested the petitioner to attend before the respondent No. 2 regarding the return filed, which he attended. In continuation thereof, a notice dt. 31st July, 2007 was issued calling upon the petitioner...

Sri Upendra Nath Ghosh Vs. Sri Somnath Ghosh

Court: Kolkata

Kalidas Mukherjee, J.1. This appeal is directed against the judgment and decree passed by the learned Additional District Judge, 1st Court, Alipore in Title Appeal No. 110 0f 2001 affirming the judgment and decree passed by learned Civil Judge, Senior Division, 6th Court at Alipore in T.S. No. 99 of 1996. The suit was instituted for ejectment. The case of the plaintiff/respondent, in short, is that the defendant is an ordinary premises tenant under the plaintiff in respect of the part of the premises No. 7/2, Ashutosh Mukherjee Road, Budge Budge, 24 Parganas (South) at a rental of Rs. 90/- per month payable according to Bengali calendar month. The plaintiff is the absolute owner of the suit premises by virtue of a registered deed of gift executed by Santosh Kumar Karmakar in his favour. The fact of the transfer of the property was communicated to the defendant who also sent a letter dated 20.7.1995 to the plaintiff in reply to the plaintiff's letter dated 13.7.1995. The defendant defau...

Asharani Das Vs. Union of India (Uoi), Represented by the General Mana ...

Court: Kolkata

Reported in: AIR2009Cal205

Bhaskar Bhattacharya, J.1. This first appeal is at the instance of a claimant in a proceeding under Section 16 of the Railway Claims Tribunal Act, 1987, and is directed against an award dated 29th April, 2008, passed by the Railway Claims Tribunal, Kolkata Bench, thereby dismissing the said application on the ground that the claimant failed to prove the bona fide as well as accidental fall and the resultant death of her husband from the running train. According to the Tribunal, the applicant also failed to produce any eyewitness to prove the accidental fall causing death of her husband.2. Being dissatisfied, the claimant has come up with the present first appeal.3. The appellant before us lodged a claim under Section 16 of the Railway Claims Tribunal Act, 1987 thereby praying for compensation of Rs. 4 lakh for the death of her husband on the allegation that on 4th March, 2005 while he was travelling from Sainthia to Bolpur by Down Ganodevta Express with a valid second class ticket, he ...

Sri Barun Kumar Sukul and ors. Vs. Steel Authority of India and ors.

Court: Kolkata

Debasish Kar Gupta, J.1. This appeal is directed against the judgment and order dated June 20, 2008, passed in W.P. No. 5690(W) of 2004. The above writ application was dismissed by the impugned judgment and order.2. According to the appellants a settlement dated October 11, 1972 was arrived at agreeing by and between the Durgapur Employees Co-operative Society Ltd., (hereinafter referred to as the said society), the Durgapur Steel Plant Employees Co-operative Society Ltd., Workers' Union (hereinafter referred to as the said union) in presence of the conciliation officer and Assistant Labour Commissioner, Durgapur to implement the following terms of settlement:(a) The staff of the said Society would be treated at per with the staff of the Durgapur Steel Plant for the purpose of allotment of residential accommodation.(b) The staff of the said society would be treated at per with the contract labour for the purpose of absorption as unskilled workers in Durgapur Steel Plant.(c) Each ward o...

West Bengal Industrial Development Corporation Ltd. and anr. Vs. Nicco ...

Court: Kolkata

Reported in: AIR2009Cal193

1. This appeal has been filed by the West Bengal Industrial Development Corporation Limited against the judgment and order of the learned single Judge dated 22nd January, 2008, whereby the learned single Judge allowed a recalling application, being G.A. No. 1939 of 2006, taken out by five of the six guarantors sued by the West Bengal Industrial Development Corporation Limited. While allowing the guarantors' application, the learned single Judge also dismissed the petition filed by the West Bengal Industrial Development Corporation Limited under Section 31(1)(aa) of the State Financial Corporations Act, 1951, by ASFC No. 3 of 2005.2. Briefly stated, case of the appellants is that the appellant No. 1 had given financial assistance to the respondent No. 1, a private limited company. West Bengal Industrial Development Corporation Limited (hereinafter referred to as WBIDC) sanctioned and disbursed a term of loan of Rs. 55,00,000/-(Rupees fifty five lakhs) to the respondent No. 1, which was ...

B. Doloi @ Bhagwan Doloi Vs. the Commandant, Cisf Unit, Farakka Barrag ...

Court: Kolkata

Indira Banerjee, J.1. This appeal is against a judgment and order dated 19th June, 2001, of the learned Single Judge dismissing the writ application being C.R. No. 13010 (W) of 1982, filed by the appellant.2. The appellant was a Constable under the Central Industrial Security Force (CISF). On 17th May, 1980, when the appellant was posted at the CISF unit at Farakka, a charge-sheet was issued to the appellant, wherein it was alleged that the appellant had wilfully not attended the Commandant's ''Sabha'' held at 17.00 hours on 16th May, 1980 and had instigated other personnel of the CISF not to attend the same, thereby acting in a manner unbecoming of a member of the CISF.3. It is not in dispute that the appellant was not present at the Commandant's 'Sabha'. The appellant's case was that the appellant was not aware of the 'Sabha' and accordingly went to a cinema show.4. By a letter dated 28th May, 1980, the appellant sought inspection of the report of the preliminary enquiry and the stat...

Pampa Banik and ors. Vs. the New India Assurance Company Ltd. and anr.

Court: Kolkata

Bhaskar Bhattacharya, J.1. This appeal is at the instance of claimants in a proceeding under Section 166 of the Motor Vehicles Act and is directed against an award dated 31st January, 2008, passed by the learned Judge, Motor Accident Claims Tribunal, Jalpaiguri, in M.A.C. Case No. 102 of 2007 thereby disposing of the said proceeding by awarding a sum of Rs. 8,90,000/- in favour of the three claimants. The Insurance Company was directed to pay the said amount in a manner described in award within two months form the date of the award with a stipulation that in default of payment of such amount within the said period, interest on the awarded sum would accrue at the rate of 9% per annum from the date of filing of claim-application i.e. 23rd April, 2007 till the payment.2. Being dissatisfied, the claimants have come up with the present appeal.3. The claimants are three in number. The appellant No. 1 is the widow, the appellant No. 2 is the mother and the appellant No. 3 is the father of th...