Kolkata Court April 2009 Judgments

Secretary, United Order and Supply Co-op. Ltd. Vs. Shiba Prasad Banerj ...

Court: Kolkata

Reported in: AIR2009Cal258

1. The appellant is a cooperative society registered under the West Bengal Co-operative Societies Act and Rules framed thereunder. The appellant claims that under a valid certificate issued by the Co-operative Societies department, the society is eligible to purchase consumer goods and to supply the same in different institutions. The appellant also claims that the society is eligible for exemption from payment of earnest money and security deposit against Government tenders in terms of G.O. No. 4141(68)/Co-op. dated 24th November, 1966 of the Co-operative Department. The certificate has been renewed from time to time. For the year 2007/2008, the Chief Medical Officer of Health, Burdwan issued a tender notice for supply of cooked diet in different hospitals of the district. The appellant participated in the aforesaid tender process along with others. The tender was due to be opened on 25th September, 2007. The opening of the tender was delayed, as respondent No. 1, viz. Shiba Prasad Ba...

Sri Sudhangsu Sekhar Ghosh Vs. Manindra Nath Ghosh and ors.

Court: Kolkata

Bhaskar Bhattacharya, J.1. This first appeal is at the instance of the defendant No. 1 in a suit for partition and is directed against the judgment and decree dated 25th June, 1998, passed by the Civil Judge, Senior Division, Seventh Court, Alipore, in Title Suit No. 63 of 1986, thereby passing a preliminary decree and declaring one-fourth share of each of the parties to the proceedings including that of the appellant.2. Being dissatisfied, the defendant No. 1 has come up with the present first appeal.3. There is no dispute that the plaintiff and the defendants are the children of one Surendra Nath Ghosh who used to reside at 28/10, Mahendra Banerjee Road, Behala. The said Surendra Nath Ghosh died in the month of February, 1986. In the month of May, 1986, the plaintiff, the younger son of Surendra Nath Ghosh, filed the suit being Title Suit No. 63 of 1986 thereby claiming one-fourth share in the list of movable and immovable properties allegedly left by Surendra Nath Ghosh.4. In the sc...

Smt. Sikha Das and anr. Vs. Sri Jitendra Kumar Boral and ors.

Court: Kolkata

Bhaskar Bhattacharya, J.1. This first appeal is at the instance of the defendant Nos. 1 and 2 in a suit for declaration and permanent injunction and this appeal is preferred against the judgment and decree dated 30th May, 1998, passed by the learned Trial Judge, Eleventh Bench, City Civil Court at Calcutta in Title Suit No. 270 of 1994 thereby passing a decree in the said suit.2. The respondent filed a suit being Title Suit No. 270 of 1994 against the appellants for declaration that sale of premises No. 7/1, Jhamapukur Lane, Calcutta effected on 16th December, 1992 by the defendant No. 2 in favour of the defendant No. 1 was void, inoperative and not binding upon the plaintiff and for further declaration that the defendant No. 1 was not the owner of the said premises by purchase from the defendant No. 2. The plaintiff further prayed permanent injunction restraining the defendant No. 1, her men and agents from transferring, assigning for otherwise dealing with the said premises.3. The ca...

Raj Kumar Somani Vs. Ram Dulani Mittal

Court: Kolkata

Reported in: AIR2009Cal198

ORDERBiswanath Somadder, J.1. By consent of the parties, the aforementioned CAN 2011 of 2009 is treated as on day's list.2. Heard the learned advocates appearing for the parties.3. This is an application under Section 5 of the Limitation Act of 1963 in respect of an application for review of an order dated 26th June, 2008 passed by this Court in CO. 3009 of 2006.4. Upon considering the submissions made and upon perusing the instant application, I am satisfied that sufficient cause has been shown by the applicant for condo-nation of delay of 215 days in filing the Re- view application. The delay is condoned and the application thus stands allowed.Re : RVW 39 of 20095. Heard the learned advocates for the parties. This application, styled as a review 3 application, is in respect of an order passed by this Court on 26th June, 2008 in CO. 3009 of 2006.6. The applicant before this Court was the defendant/opposite party in a revisional application, being CO. No. 3009 of 2006. By the order dat...

Rajat Kumar Bandyopadhyay Vs. the State of West Bengal and anr.

Court: Kolkata

Reported in: 2009CriLJ3360

Ashim Kumar Roy, J.1. This is an application for quashing of B.G.R. Case No. 1099/07 now pending before the Learned Additional Chief Judicial Magistrate at Alipore, 24-Parganas (South), arising out of Jadavpur Police Station Case No. 165 (4)/07 relating to offences punishable under Section 3(1)(viii)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and under Section 120B of the Indian Penal Code.2. On the basis of a written complaint made to the Chief Judicial Magistrate, Alipore, 24-Parganas (South) by the opposite party No. 2 herein alleging commission of offences punishable under Section 3(1)(viii)(x) and Section 6 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Section 120B of the Indian Penal Code against the petitioner and Ors. the Learned Magistrate in exercise of power conferred under Section 156(3) of the Code of Criminal Procedure referred the same to the Officer-in-Charge, Jadavpur Police Station...

Sri Paritosh Goswami Vs. State of West Bengal and ors.

Court: Kolkata

Prasenjit Mandal, J.1. This appeal is directed against the judgment and order dated 17.03.2005 passed by the learned Single Judge in W. P. No. 17135(w) of 2000 whereby the learned Judge dismissed the writ application.2. The writ petitioner claims himself to be a freedom fighter. He applied for pension stating, inter alia, that he had suffered imprisonment for 7 months as an undertrial prisoner leading to his acquittal. He also suffered by internment for one year. He applied to the concerned authority for pension under the Swatantrata Sainik Samman Pension Scheme formerly known as Freedom Fighter Pension Scheme, 1972. But his application was not favourably considered. For that reason, he filed one earlier Writ Petition No. 8095(w) of 1996 which was disposed of by the Hon'ble Court directing the Government of India to verify the claim of the petitioner and to take a decision. Then after holding verification, the Government of India took the decision rejecting the claim of the petitioner ...

Commissioner of Income-tax Vs. Pradeep Kumar Todi

Court: Kolkata

Reported in: [2009]181TAXMAN29(Cal)

1. This is an appeal under Section 260A of the Income-tax Act, 1961 ['said Act' in short] against an order dated 5-9-2008 passed by Income-tax Appellate Tribunal ['said Tribunal' in short] pertaining to the assessment year 2003-04.2. On or about 1-12-2003, the assessee submitted his return showing nil income. The Assessing Officer issued notices under Section 131 of the said Act to the brokers through whom the transactions took place. The said brokers appeared before the Assessing Officer and submitted necessary details. It appears from the records that the assessee, also, produced true copy of his demat account. The Assessing Officer held as many as nine hearings before passing his order of assessment on 21-11-2005 under Section 143(1) of the said Act.3. The Commissioner of Income-tax, by order dated 28-2-2008, exercised his power of revision holding that the aforesaid order of assessment dated 21-11-2005 passed by the Assessing Officer was erroneous insofar as it is prejudicial to th...