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Hind Spectron Manufacturers Pvt. Ltd. and anr. Vs. Uco Bank and ors.

Court : Kolkata

Reported in : 2007(3)CHN223,(2007)3CompLJ450(Cal)

..... approach the tribunal under section 17 of the act, it is hereby directed that if an application is filed before the concerned tribunal by the petitioners within 3 weeks from date with requisite fees, the ..... for the reasons aforesaid, the writ petition stands dismissed.19. it would be open to the petitioners to approach the debts recovery tribunal having jurisdiction under section 17 of the act. as has been fairly submitted by mr. mitra, learned counsel for the respondent bank, that the point of limitation would stand waived if the petitioners ..... it found the proposals of the petitioners as not acceptable and this is good reason for not relegating the petitioners to the forum created by section 17(1) of the act. with regard to the other submission of mr. mitra regarding special laws having overriding effect over general laws, he submits that such submission is .....

Hindustan Copper Limited Vs. Bank of Baroda

Court : Kolkata

Reported in : 2007(3)CHN382

..... division bench presided over by ruma pal, j and ansari j. (as their lordships then were). the appeal arose out of an order passed under section 9 of the arbitration and conciliation act, 1996 by which the learned trial court passed an order dated 4th may, 1998 directing the appellant to return the two bank drafts both dated 8th ..... in the case of mahijibhai bhai v. patel manibhai reported in : [1965]2scr436 , wherein the following view was expressed:it is the duty of the court under section 144 of the civil procedure code to place the parties in the position which they would have occupied, but for such decree or such part thereof as has been varied or reversed ..... . nor indeed does this duty or jurisdiction arise merely under the said section it is inherent in the general jurisdiction of the court to act rightly and fairly according to the circumstances towards all parties invloved.3. in spite of service no one has appeared to oppose this .....

Chhedi Lal Gupta Vs. Suresh Damani and anr.

Court : Kolkata

Reported in : 2007(2)CHN273

..... is almost unanimous judicial opinion that necessary averments ought to be contained in a complaint before a person can be subjected to criminal process. a liability under section 141 of the act is sought to be fastened vicariously on a person connected with a company, the principal accused being the company itself. it is a departure from the rule ..... part of a person and not merely on account of holding an office or a position in a company. therefore, in order to bring a case within section 141 of the act, the complaint must disclose the necessary fact which make a person liable.'17. the supreme court thereafter discussed several decisions of different high courts as to ..... 1 and in that letter they denied everything. the averments made in the petition of complaint as disclosed above are sufficient compliance of the provisions of section 141 of the n.i. act.10. i am unable to agree with the views of mr. bose, the learned advocate for the petitioner that there was no material at all against .....

Ganesh Chakraborty and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2007(2)CHN134

..... small car project and accordingly, inter alia, objections were called for from owners of the lands in question. thereafter, it appears that declaration in terms section 6 of the said act was published on 28.9.06. since the lands to be acquired for the tata small car project were predominantly agricultural lands, there has been ..... at the bar, certain facts may be noted.3. by notification dated 21.7.06 the collector, hooghly had issued notification under section 4 of the land acquisition act, 1894 (hereafter the said act) conveying that lands as mentioned in the schedule therein (being lands in different mouzas within singur police station) were needed to be ..... stand of the respondents is as follows:*** on 4th february, 2007, the officer-in-charge of this singur police station requested him to promulgate an order under section 144 of the criminal procedure code. in a complaint the said officer-in-charge informed him that on 28th january, 2007, the agitated mob damaged the fencing of the .....

Amit Biswas Vs. State of W.B. and ors.

Court : Kolkata

Reported in : 2007(2)CHN9

..... suspension was not rescinded.10. the aforesaid order dated 22nd june, 2006 passed by the employer gave rise to filing of the third application under section 19 of the act before the tribunal and by the order impugned in this application, the tribunal has disposed of the said application by directing the respondents-authority to ..... conclusion.8. however, being dissatisfied with the aforesaid order dated 3rd january, 2006 passed by the employer, the writ petitioner filed another application under section 19 of the act before the tribunal and the tribunal by order dated 10th march, 2006 disposed of such application by directing the employer to make review of the suspension ..... final judgment from the court of law.5. in the past, the writ petitioner challenged the aforesaid order of suspension by filing another application under section 19 of the act before the tribunal and the tribunal by order dated 4th october, 2005 disposed of the same by directing the employer to treat the said application .....

Bani Israil Zinnatunnessa Bibi Vs. State of West Bengal

Court : Kolkata

Reported in : 2008(3)CHN295,2007CriLJ1859

..... together' theory cannot help the prosecution case as sought to be built against bani israil under section 364 of the ipc and for all these reasons, the learned judge, merely acting on conjecture and surmise, held bani israil guilty under section 364 of the ipc without finding any iota of legal evidence to substantiate this charge against ..... bani israil.18. mr. bagchi contends that bani israil and the female appellant were found guilty both under section 302/34 of the ipc ..... by the investigating officer for holding inquest and for identification of the place wherefrom such recovery was made and mr. bagchi submits that under the provision of section 174 of the ipc, in such a peculiar situation, service of an executive magistrate was mandatory.21. mr. bagchi contends that after alleged recovery and .....

Tustu Pada Bera Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2007(2)CHN193

..... his demarcated portion to the said respondent. the petitioner apprehending that the private respondents would commit cognizable offences had approached the executive magistrate by filing an application under section 144(2) of the code of criminal procedure giving rise to m.p. case no. 1204/06. on consideration of the said application, the executive magistrate ..... police station to cause a local enquiry after serving notice to the concerned parties with a further direction to maintain peace and to ensure that no illegal act is committed by any party. the police report was directed to be filed on 9th february, 2007.2. it is the grievance of the petitioner that ..... ought to be exercised in favour of the petitioner in exercise of writ jurisdiction.8. the petitioner has approached the executive magistrate by filing an application under section 144(2) of the code of criminal procedure and 9th february, 2007 has been fixed as the date for submission of police report. having approached the .....

Calcutta Soft Drinks Pvt. Ltd. Vs. Calcutta Municipal Corporation and ...

Court : Kolkata

..... jurisdiction to impose tax in those circumstances. in the case before us, the appellants having successfully brought their cases within the purview of sub-section (2) of section 204 of the act, they are entitled to resist the claim of the corporation towards advertisement-tax for erecting advertisement of their goods over the premises occupied by ..... were also being utilized for the sale of the goods of other manufacturers, the appellants were not entitled to get the benefit of sub-section (2) of section 204 of the act.10. being dissatisfied, the appellants preferred the present mandamus-appeals and as indicated earlier, there was difference of opinion between the two judges ..... tax, justice tapan kumar mukherjee was, on the other hand, of the view that the cases of the appellants fall within the purview of section 204(2) of the act and as such, the kolkata municipal corporation is not entitled to realise advertisement-tax from the appellants for giving advertisements on the various shops .....

Chief Secretary to the Government of West Bengal and anr. Vs. Gurupada ...

Court : Kolkata

Reported in : 2007(3)CHN497

..... service (appointment by promotion) regulations, 1955 and in such a situation, the application was quite maintainable in view of the provisions contained in section 14 of the act.6. therefore, the only question that arises for determination in this writ application is whether the tribunal below was justified in allowing the amendment ..... was not entitled to maintain a second application on the identical cause of action. mr. roy further submits that in an alike application under section 19 of the act a division bench of this court having specifically held that the such application with the original relief claimed herein was not maintainable before the ..... as preliminary issue. the writ petitioners also to be pointed that the respondent no. 1, in the past, having filed another application under section 19 of the act but having withdrawn the said application with liberty to seek appropriate remedy before appropriate forum, the second application claiming self-same relief was not maintainable .....

The Statesman Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2007)112TTJ(Kol.)593

..... building is recognized in law. a person can hold the land and another person can be owner of the building or superstructure constructed thereon. this is fully recognized under the act. section 132 provides for depreciation on buildings, etc. from its very nature, land neither requires insurance against destruction nor any repair nor does it depreciate in value by use. [para ..... of land and building even if they are sold as unit, if the lands are held by the assessee for a period more than that prescribed under section 2(42a) of the income tax act, 1961, namely 36 months. it is not possible to say that by construction of the building, the land which was a long term capital asset, has ..... . 1,97,933/- for the year under appeal, in terms of the order dated 25.1.2006 passed by the ld. acit, circle-7, kolkata under section 154/143(3) of the said act. (7) that the impugned appellate order dated 23^rd august, 2006 as well as the impugned assessment order dated 21^st november, 2005 passed by the ld .....