Kolkata Court June 2011 Judgments
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The Council of the Institute of Chartered Accountants of India Vs. Shr ...
Court: Kolkata
Decided on: Jun-16-2011
1. This is a reference under Section 21 of the Chartered Accountants Act, 1949 (“Act”). The facts giving rise to presentation of the present reference may be summed up thus: a) In a complaint verified on 9th February, 1994 the Registrar of Company, West Bengal, made the following allegations against D.K. De, Partner of M/s. Dey Dutta Lunawat & Co., Chartered Accountants, Calcutta, the respondent in these proceedings:- “The Respondent undertook the audit of M/s. Sunbeam Trading Company Pvt. Ltd. for the period ended 31.3.1989 with the full knowledge that his partner Shri K.C. Lunawat is a director in the said Company and as per Section 226(3) © of the Companies Act, 1956 he being a partner/of an officer [which includes a Director under Section 2(30) of said Act] was not qualified for appointment as auditor of the said Company. The Respondent has made a statement in his audit report about the true and fair view of the state of affairs of the Company without dis...
M/S. Pcbl Industrial Ltd. Vs. Commissioner of Income-tax, Kolkata-ii a ...
Court: Kolkata
Decided on: Jun-16-2011
1. This appeal is at the instance of the assessed and is directed against an order dated 6th August, 2003, passed by the Income-tax Appellate Tribunal, “C” Bench, Kolkata, in ITA No.1146 (Kol) of 2001 relating to the Assessment Year 1997-98 dismissing the appeal preferred by the assessed. Being dissatisfied, the assessed has come up with the present appeal. 2. The facts leading to the filing of this appeal may be summed up thus: a) The appellant before us is a company incorporated under the Companies Act, 1956 as a Public Company limited by share. b) For the Assessment Year 1997-98, the appellant on 30th November, 1997 filed its return of income along with Auditors Report and audited statement of account. In the said return for the abovementioned Assessment Year, the appellant disclosed a loss of Rs.15,61,89,342/- and the same was processed under Section 143(1) of the Act. On 30th June, 1998, the appellant filed a revised computation during the course of assessment showing ...
National Insurance Co. Ltd. Vs. Commissioner of Income-tax, Kol-ii and ...
Court: Kolkata
Decided on: Jun-16-2011
1. This appeal under Section 260A of the Income-tax Act, 1961 read with Section 21 of the Interest Tax Act, 1974 is at the instance of an assessee and is directed against order dated 19th December, 2003 passed by the Income-tax Appellate Tribunal, “B” Bench, Kolkata, in Interest Tax Appeal No.11(Cal) of 1997 relating to the Assessment Year 1992-93 dismissing the appeal field by the assessee. 2. The facts giving rise to filing of this appeal may be summed up thus: a) The appellant is a company mainly engaged in the business of insurance other than that of life insurance. The petitioner company is also categorized as Public Financial Institution under Section 4A of the Companies Act, 1956 and is also engaged in the investment activities like purchase and sale of shares, debentures, bonds, government securities etc. As part of its investment business, the appellant also provides various types of loans and advances to different companies as well as Credit Institutions under dif...
National Insurance Co. Ltd. Vs. Commissioner of Income-tax-ii, Kolkata ...
Court: Kolkata
Decided on: Jun-16-2011
1. This appeal under Section 260A of the Income-tax Act, 1961 read with Section 21 of the Interest Tax Act, 1974 is at the instance of an assessee and is directed against order dated 19th December, 2003 passed by the Income-tax Appellate Tribunal, “B” Bench, Kolkata, in Interest Tax Appeal No.11(Cal) of 1997 relating to the Assessment Year 1992-93 dismissing the appeal field by the assessee. 2. The facts giving rise to filing of this appeal may be summed up thus: a) The appellant is a company mainly engaged in the business of insurance other than that of life insurance. The petitioner company is also categorized as Public Financial Institution under Section 4A of the Companies Act, 1956 and is also engaged in the investment activities like purchase and sale of shares, debentures, bonds, government securities etc. As part of its investment business, the appellant also provides various types of loans and advances to different companies as well as Credit Institutions under dif...
M/S. Pcbl Industrial Ltd. Vs. Commissioner of Income-tax, Kol-ii and a ...
Court: Kolkata
Decided on: Jun-16-2011
1. This appeal is at the instance of the assessee and is directed against an order dated 6th August, 2003, passed by the Income-tax Appellate Tribunal, “C” Bench, Kolkata, in ITA No.1146(Kol) of 2001 relating to the Assessment Year 1997-98 dismissing the appeal preferred by the assessee. 2. Being dissatisfied, the assessee has come up with the present appeal. The facts leading to the filing of this appeal may be summed up thus: a) The appellant before us is a company incorporated under the Companies Act, 1956 as a Public Company limited by share. b) For the Assessment Year 1997-98, the appellant on 30th November, 1997 filed its return of income along with Auditors Report and audited statement of account. In the said return for the abovementioned Assessment Year, the appellant disclosed a loss of Rs.15,61,89,342/- and the same was processed under Section 143(1) of the Act. On 30th June, 1998, the appellant filed a revised computation during the course of assessment showing a...
Sri Tapan Ghosh Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-15-2011
1. Pursuant to the prior permission granted by the Additional District Inspector of School (S.E.) Serampore, a selection process was initiated by Serampore Mission Girls High School for filling up the vacancy in the post of Group ‘D’ staff from General (E.C.) category. Such process was not only initiated prior to the introduction of the new Recruitment Rules of 2009 but such selection process also commenced prior to the introduction of the Rules of 2009. 2. Name of twenty suitable candidates were sponsored by the Employment Exchange for the said post. Since the name of the petitioner was not sponsored by the Employment Exchange, he approached this Hon’ble Court with a writ petition being W.P. No. 27460(W) of 2006, inter alia praying for issuance of direction upon the selection authority for allowing him to participate in the selection process for the said post. 3. An interim order was passed by a learned Single Judge of this Court on 20th December, 2006, in the said w...
Sri Madhu Sudan Mondal and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-15-2011
ORDER:1. By this writ-petition, the petitioners have sought cancellation of auction notice dated 30th May, 2011. 2. The case of the petitioners is that a Ferry Ghat in the concerned Gram Panchayat was settled in their favour for 2011-2012 and the bid price was being paid in instalments granted by the respondent No.5. Two instalments have already been paid and just prior to payment of the third instalment the said notice has been issued. As a vested right of the petitioners is sought to be unsettled, this application has been filed and orders sought. 3. Counsel for the State-respondents submits that ferries as defined under Section 2(7) of the 1955 Act so also all interest and benefits arising there from is “land”. The Land Management Manual of 1991 provides for certain ferries to be handed over to Panchayat Institutions. Ferries which are declared as Public Ferries under the 1885 Act have not been transferred to the Panchayat Institutions. Section-6 of the 1997 Act deals wi...
Mr. Ravi Saberwal Vs. Saturday Club Limited and Others
Court: Kolkata
Decided on: Jun-15-2011
1. Going by the names of the subscribers to the memorandum of association of the first defendant club, this court may have some excuse in taking interest in matters pertaining to it; yet that can be no reason to give a go-by to the principle that civil courts should leave the management of a company to its members and office-bearers, more so if it is a social club. Five barristers and two solicitors got together in 1909 to set up the Saturday Club and had their agreement witnessed by two other barristers and another solicitor. 2. The suit is by the president and two other members of the general committee of the club challenging their temporary suspension from the club. The reliefs claimed in the suit also call upon the court to ratify certain decisions relating to the club’s affairs taken at the instance of the plaintiffs and in which they betray considerable personal interest. At the interlocutory stage, however, the argument has been confined to the decision of the club to susp...
Sahjahan Mondal Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-15-2011
1. The petitioner was an aspirant for the post of Siksha Samprasarak in English in Gobindapur Madhyamik Siksha Kendra under Raipur Gram Panchayat, within Hariharpara Panchayat Samity in the District of Murshidabad. Though the petitioner had the requisite eligibility for the said post but he could not participate in the selection process for the said post for want of wide publication of the said recruitment process. 2. It is alleged that the concerned authority completed the said selection process without following the relevant guidelines and/or orders issued by the Government in this regard and ultimately the respondent no.10 was selected for his engagement as Siksha Samprasarak in English in the said M.S.K. 3. However, the selection of the respondent no.10 was ultimately challenged in a writ petition being W.P. No. 16909(W) of 2008 (Afajuddin Sk. v. State of West Bengal and Ors.) and on the basis of an order passed by a learned Single Judge of this Court in the said writ petition, the...
Md. Shahjahan Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-15-2011
1. Since, no one was appearing for the State, We asked Mr. Bag, learned Advocate for the petitioner to serve a copy of the petition upon Mr. Sadhan Roy Chowdhury, learned Senior Government Advocate. Accordingly, Mr. Roy Chowdhury has been served. Let his engagement be regularized. Heard Mr. Bag for the petitioner, Mr. Roy Chowdhury for the State and Mr. Hazra for the Pension Authority. 2. The petitioner was an Inspector working in West Bengal Police. While he was posted at Jagatdal Police Station he was entrusted to investigate into a crime. Later on the case was transferred and assigned to some other Officer upon finding some irregularity. While was posted at Howrah he was served with a charge sheet appearing at page 55-58 of the petitioner. He was proceeded with departmentally, however, before the proceeding could be completed he reached the age of superannuation. Pertinent to note, he was not placed under suspension during pendency of the proceeding. 3. The petitioner was allowed to...
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