Kolkata Court December 2010 Judgments
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Ms. Anmol Biscuits (P) Ltd. Vs. Sri Amar Chand Nag and ors.
Court: Kolkata Appellate
Decided on: Dec-24-2010
Heard the learned Advocates appearing for the parties. 1. This revisional application has been directed against the order No. 60 dated 13th February, 2007 passed by Sri R. Chakraborty, learned Civil Judge (Senior Division), 4th Court at Alipore in title suit No. 60 of 2001, whereby the learned Civil Judge concerned has rejected the petition of the defendant No. 5 under Order 1 Rule 10(2) read with Section 151 of the Code of Civil Procedure praying for expunging or striking out the name of the defendant No. 5 Company from the cause title of the plaint. 2. It is the case of the applicant/defendant No. 5 that the opposite party No. 2 M/s Golden Biscuits Co. Pvt. Ltd. was the defendant No.1 and opposite party No. 2 was the absolute owner of the factory premises at Panchghara. The West Bengal Financial Corporation (WBFC) had charge over said property and the said defendant company in liquidation was wound up by an order dated March 10, 1999 passed by the Honble High Court, Calcutta and the ...
Sri Prabhat Kumar Chakravarty. Vs. Reserve Bank of India and ors.
Court: Kolkata
Decided on: Dec-24-2010
1. This appeal has been preferred at the instance of the appellant/ writ petitioner assailing the judgment and order dated 7th September, 2009 passed by the learned Judge of this court whereby and whereunder the said learned Judge dismissed the writ petition on merits with costs assessed at 300 G.Ms. The appellant/writ petitioner filed the writ petition challenging the decision of the authorities of the respondent-bank to transfer the said appellant/writ petitioner by issuing the Memo dated August 18, 2009 to Guwahati office on the ground that the said writ petitioner is entitled to exemption from transfer in terms of the policy decision of the bank. The aforesaid order of transfer issued by the respondent-bank under Memo dated August 18, 2009 is set out hereunder:No.DAPM(Kol).ST. 1814/03.34.03/2009-10 August 18, 2009Sri Prabhat Kumar Chakravarty (CC-0227) Assistant Manager Department of Administration & Personnel Management Reserve Bank of India KolkataDear SirStaff Class I Assistant ...
Smt. Sangita Agarwal. Vs. Commissioner of Income Tax.
Court: Kolkata
Decided on: Dec-24-2010
1. The above appeal was admitted by an order dated 16th September 2009 on the following questions of law.1. Whether the Tribunal misdirected itself in law inasmuch as it adopted a wholly erroneous approach in interpreting the provisions of subsections (2) and (5) of section 10A of the Income Tax Act, 1961, and in denying the assessees claim for exemption from tax under section 10A of the said Act in respect of the profits and gains of Rs.19,99,084/-, derived by her new industrial undertaking, set up at Falta Free Trade Zone, during the financial year relevant to the assessment year 2005-06, and, in that view of the matter, in arbitrarily reversing the order passed by the Commissioner of Income Tax (Appeals) XIX, Kolkata, whereby such exemption was allowed? 2. Whether on a correct interpretation of Section 10A of the Income Tax Act, 1961, the Tribunal substantially erred in law in holding that the assessee shifted/transferred her existing business from Non-SEZ Area to Falta Free Trade Z...
Ram Sevak GuptA. Vs. Union of India and ors.
Court: Kolkata Appellate
Decided on: Dec-24-2010
1. In the instant case, we are required to decide whether any illegality can be allowed to be sustained on the sole ground of delay and laches. 2. The petitioner herein is aggrieved by the judgment and order dated 31 st August, 2007 passed by the Central Administrative Tribunal, Calcutta Bench whereby and whereunder the said learned tribunal refused to entertain the original application filed by the said petitioner and accordingly dismissed both the original application being O.A. 257 of 2006 and the connected application being MA 235 of 2006 on the ground that the same were time barred. 3. From the records we find that the petitioner herein applied for the post of Assistant Station Master in response to an advertisement issued by the Railway Recruitment Board. The Railway Recruitment Board thereafter, conducted written examination as well as viva voce for the purpose of selecting candidates. The petitioner was selected in the said written examination and viva-voce test. Accordingly, t...
Sri Subir Banerjee Vs. Union of India and ors.
Court: Kolkata Appellate
Decided on: Dec-24-2010
1. In the instant application the judgement and order dated 28.02.2008 passed in F.M.A. No. 744 of 2007 have been sought to be reviewed by the appellant on grounds of dismissal of the same on technical grounds without considering the merits and all the facts on record and pleaded.2. The appellant/petitioner contends that his father was a lower division clerk in the headquarter, Calcutta sub-area Alipore. On account of death of his father in harness on 8th February, 1987 on compassionate grounds he was provisionally appointed as a messenger against regular vacancy with effect from 1st February, 1992. But on a few occasion he could not attend his duty and by a letter dated 18th June, 1996 Brigadier, O.H.G. G.O.C. issued notice of termination of his service under Rule 5(1) of the Central Civil Services) Temporary Service 1995 intimating the petitioner that his service will be terminated with the expiry of a period of one month. He was also not given salary in proper time. According to the...
M/S. Jessop and Co. Ltd. Vs. Aditya Estate Developers and ors.
Court: Kolkata Appellate
Decided on: Dec-23-2010
1. This Court has heard the learned Counsels for the respective parties. The facts of the case, briefly, are as follows: - 2. The plaintiffs/respondents filed title suit No. 301 of 1998 against the defendant/appellant and such suit was placed before the learned Third Court of Civil Judge, (Junior Division) at Sealdah. The plaintiffs in the said suit prayed for a declaration that the defendant-company, a Government Undertaking, is a mere licensee or a lessee at sufferance on and from 1.5.1969 and also a decree for eviction against the said defendant. The plaintiffs further prayed for damages and mesne profits with effect from 1.8.1998 till the defendant is evicted in due course of law and also a decree for a permanent injunction. The plaintiffs case was that Smt. Mahamaya Dutta and 29 others were the joint owners of premises No.33, Khudiram Bose Sarani, Calcutta 700028 with building structure and garden and the defendant was inducted in the suit property by the predecessors of the plain...
Tirtha De Vs. the State of West Bengal
Court: Kolkata Appellate
Decided on: Dec-23-2010
1. FACTSOn or about March 20, 2006 one Tirtha Kumar Dey of village Singrapur in the district of Hooghly made a written complaint to Goghat Police Station. As per his complaint, Tirthas daughter Shampa got married with Ashok Mondal being the Appellant no.1 above named. On March 19, 2006 Shampa committed suicide at her in-laws place. Her husband Ashok, father-in-law Santinath, mother-in-law Bimola and brother-in-law Taraknath subjected Shampa to mental torture. Complainant also asserted that his daughter had committed suicide by way of hanging due to unbearable torture. Police acted on the said complaint, held inquest and got the dead body examined by the Autopsy Surgeon being PW-17 The Autopsy Surgeon opined, death was due to the effects of hanging as noted above - ante mortem in nature. The Police carried out the investigation and charged Asoke, Santinath, Taraknath and Bimala inter alia under Section 498-A read with Section 306 of the Indian Penal Code.All the three accused pleaded no...
Sanjib Kumar Ghosh. Vs. Rabi Ganguly.
Court: Kolkata Appellate
Decided on: Dec-23-2010
1. The instant application Under Article 227 of the Constitution of India, is directed against the order dated 6th November, 2008 passed by the learned 6th Civil Judge (Junior Division) at Alipore in Rent Control Suit No.289 of 2004. From the materials on record it could be gathered that the present opposite party by filing the aforesaid Rent Control Suit No.289 of 2004 prayed for a decree for recovery of Khas possession in respect of the tenanted property as also for certain other reliefs against the petitioner. The present petitioner appeared in the said suit and filed a petition Under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 as also the written statement. The learned Court below with a view to disposing of the application Under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 examined the petitioner as PW-1 in full on 10th August, 2007 and subsequently plaintiffs son was examined as O.P.W-1 in part and next date was fixed on 20th November, 2007, but the m...
Delta International Limited and anr. Vs. the Commissioner of Customs a ...
Court: Kolkata
Decided on: Dec-23-2010
1. One is an appeal from the Judgment and Order dated 12th January 2006 passed by the Honble First Court in W.P. No. 672 of 1998, Delta International Limited v The Commissioner of Customs and others. This judgment and order adopts the judgment and order 12th May 2003 in W.P. No. 900 of 1998, where the facts are identical. This judgment and order is also under appeal before us. We will discuss the facts of W.P. No. 900 of 1998, as it will cover the facts of the other writ as well.2. The subject matter of challenge is very short. But these proceedings have continued in this court for a period of about twelve years or so. The writ challenges a show cause notice dated 13th August 1997 issued by an Assistant Commissioner of Customs. In it, against the caption subject it was stated non-realisation of customs duty. In the body of the show cause notice, which is very terse and ambiguous, it is stated that customs duty amount of Rs.7,08,98,160/- was short levied for a consignment. Perusal of th...
Hare Krishna Chakraborty. Vs. the State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Dec-23-2010
1. In the instant appeal the legality and propriety of the judgement and order passed by a Learned Judge of this Court in W. P. No. 23678(W) of 2005 has been challenged. 2. The brief facts of this case is that the petitioner appellant is a science graduate from the University of Calcutta. On 9th March, 1999 the managing committee of Dhakuria High School (Chandpara) under Gaighata P.S. of District North 24 Parganas took a resolution to appoint the petitioner temporarily to the post of clerk. Accordingly on 15th March, 1999 appointment letter was issued in his favour by the Secretary of the school asking him to join. Accordingly he joined as a clerk on 01.04.1999 and is continuing in service since then. On 17.01.2004 the managing committee decided to fill up the vacant post of clerk and accordingly the headmaster concerned on 17.02.2004 approached the Additional District Inspector of Schools (S.E.), Bongaon sub division to accord permission for filling up the said post of clerk. 3. On re...
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