Court : Kolkata
Reported in : AIR2007Cal176
..... a particular colour scheme in terms of rule 88b as framed whereby state government has empowered itself to fix the colour scheme for different types of passenger transport vehicles. it is contended that the word 'regulating' does not include the prohibition and as such the' state government cannot prohibit the transport ..... scheme and direct the state transport authority or the regional transport authority, as the case may be, to maintain the colour scheme for different types of passenger transport vehicles including the state carriage and the contract carriage, plying with the permit issued by the respective authorities. such colour scheme, as may be notified ..... 2005 on inserting rule 88-b in the west bengal motor vehicles rules, 1989 empowering the state government to fix different colour schemes for different types of passenger transport vehicles and challenging the notification no. 2076-wt/3m-177/ 04pt dated 27th april, 2005 issued by the principal secretary to the government of west .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2001Cal177
Pranab Kumar Chattopadhyay, J.1. This is an appeal against the judgment and decree of a learned single Judge of this Court in a suit for specific performance of a contract. The contract was for the grant of lease in respect of four floors, namely ground, 1st, 2nd, and 3rd of the premises No. 1/1. Lower Circular Road, Calcutta (hereinafter called the said premises) for a period of 25 years at a monthly rent of Rs. 42.50 per 100 sq. ft., M/s. Talbot & Co. carried on negotiations between the parties with regard to the grant of lease and/or letting out of the said premises in respect of the aforesaid four floors, namely ground, 1st. 2nd and 3rd for an area of 12,500 sq. ft. approximately in each floor.2. The plaintiff claimed that it had entered into a concluded agreement with the owner of the said building National Properties Ltd, the appellant, herein on the basis of correspondences which were exchanged between the parties and/or with M/s. Talbot & Co., the broker, appointed by the appel...
Tag this Judgment!Court : Kolkata
Reported in : (2000)1CALLT107(HC),2000(1)CHN245
G.R. Bhattacharjee, J.1. Both the above noted Death Reference and the criminal appeal are being dealt with and disposed of by this Judgment as they arise out of the same Judgment of the 3rd court of Additional Sessions Judge, Allpore. The trial court by its judgment and order dated 26-8-92 acquitted the accused Sanda Akhtar and the accused Hossaln Chowdhury but convicted the accused Naslm @ Naso and the accused Lokman Shah under section 302/149 IPC and further convicted the accused Naso under sections 148, 201/149 IPC. Subsequently after giving a hearing on the question of sentence the trial court by Its order dated 31-8-92 sentenced both the accused Naso @ Naslm and Lokman Shah to death for their conviction under section 302/149 IPC for the murder of V.K. Mehta and also sentenced the accused Nase to R.I. for 3 years and fine of Rs. 2.000/- i.d. to R.I. for 6 months for the offence of rioting punishable under section 148 IPC and also sentenced him to R.I. for 3 years and a fine of Rs. ...
Tag this Judgment!Court : Kolkata
Reported in : (1997)140CTR(Cal)454
..... of years that the route permits acquired some value because of various factors, namely, development of roads, passenger traffic, frequency of buses, etc. the value of the permit could not be evaluated as on the date of acquisition. in such circumstances, the consideration in terms of money is realised on its transfer could not be ..... miscellaneous application. the word 'spontaneous' means unaided; voluntary; growing naturally without cultivation; occurring without external cause; which presupposes, there was neither any cost of acquisition nor any cost of growing. this aspect of the matter was accepted by the ao despite the deed of purchase of the year 1978 being in the record ..... it then added that the tribunal was influenced by the fact that ao while taxing the receipt as capital gain, did not attribute anything towards cost of acquisition and, therefore, on the basis of material on record, the tribunal held that the assessee by selling trees realised capital and, therefore, receipt was of .....
Tag this Judgment!Court : Kolkata
Reported in : (1994)1CALLT84(HC)
Siba Prasad Rajkhowa, J.1. The Learned Additional Sessions Judge, Cooch Behar, by his Judgment and order dated 25.11.92 passed in sessions case No. 12 of 1987, has convicted accused Gour Guha under Section 302 of the Indian P.C. and has awarded death penalty. The Learned Trial Judge has made a reference to this Court under Section 366 of the Code of Criminal Procedure for confirmation of the death sentence.2. The convict has also filed Crl. Appeal No. 322 of 1992 against the said order of conviction and sentence.3. Both the reference and the appeal are heard together.4. The first information report, Ext. 5, was lodged with the Officer-incharge, Toofanganj Police Station on 19.7.85 by an officer of Assam Police, i.e., Shyam Kumar Dutta, Sub-Inspector of Police and the same reads as follows :-'I beg to state that on 18.7.85 at 3/3.30 hours my sister's husband, Gour Guha poured kerosene oil in the body of my sister Basanti and set fire for causing her death. Just after setting fire in the...
Tag this Judgment!Court : Kolkata
Reported in : AIR1989Cal23,[1989]74STC221(Cal)
..... collected under this act on the entry of any specified goods into the calcutta metropolitan area if such goods: are brought into that area --(a) as personal luggage by a passenger and the value of the number or quantity thereof does not exceed the prescribed amount of limit, as the case may be, or(b) in such circumstances and subject to .....
Tag this Judgment!Court : Kolkata
Reported in : [1989]65CompCas625(Cal)
Pratibha Bonnerjea, J.1. The parties to these proceedings had entered into a contract on August 31, 1951, containing an arbitration Clause for adjudication of disputes arising out of the contract or relating thereto by two arbitrators. Disputes and differences having arisen between the parties from time to time, five separate references were started between the parties. All the five references were private references and were as follows:1. In 1961, the respondent company as the claimant made the first reference against the Union of India for recovery of Rs. 2,08,12,135 and the Union of India made certain counter-claims therein. 2. In March, 1964, the Union of India as the claimant made the second reference for recovery of Rs. 1,00,90,041.39 and the respondent company made certain counter-claims in that reference. 3. In July, 1964, the respondent started the third reference claiming Rs. 39,00,000 and the Union of India made certain counter-claims therein. 4. In October, 1969, the fourth...
Tag this Judgment!Court : Kolkata
Reported in : [1985]58STC370(Cal)
M.N. Roy, J.1. M/s. Eastern Trading Company, a partnership firm registered under the Indian Partnership Act, 1932 and which at the material time had the petitioners and one Smt. Kankan Wari Baid as partners, carried on the business of selling various articles and luxury goods, apart from dealing with hire-purchase agreement of those articles and were registered dealers both under the Bengal Finance (Sales Tax) Act, 1941 (hereinafter referred to as the said Bengal Act) and also the Central Sales Tax Act, 1956 (hereinafter referred to as the said Central Act). The said Smt. Kankan Wari Baid died on or about 9th May, 1973 and it has been stated that after her death, her heirs and legal representatives did not join the petitioners in the said partnership business and the intimation of carrying on such business by the petitioners, was given to the respondent No. 1, the Commercial Tax Officer concerned.2. It was the case of the petitioners that thereafter four applications were moved under A...
Tag this Judgment!Court : Kolkata
Reported in : AIR1984Cal69
..... detain such article for the purpose of being returned to him on his leaving india. by making the declaration under section 77, and the request under section 80 the passenger expresses his intention not to import such an article. the question that was debated at the bar is whether the petitioner can be deemed to have imported the goods ..... also substantiated by section 15. therefore, the relevant date for import of the goods was the date of presentation of the bill of entry and not the date when the ship arrived at the port. though the decision was based on the meaning of the expression 'import', the fads of that case were entirely different. mr. justice s. s. ..... property in the country they could not be said to have been imported. thus it could not be said that the moment the aircraft landed at the airport or the ship entered into the territorial waters of india, an importation had taken place. importation could only be said to have taken place when the goods had crossed the customs barrier .....
Tag this Judgment!Court : Kolkata
Reported in : (1983)IILLJ122Cal
..... koley : air1969cal224 . it was further submitted that in state of haryana v. rattan singh : (1982)illj46sc , supreme court has held that when some statements of passengers were not recorded that will not vitiate the enquiry.132. we are unable to accept the contentions of the appellant's counsel on this issue. as stated earlier that ..... of article or as a container. yet a bed sheet was found in the apprehended package. similarly, he maintains that leather pieces are not generally imported by passengers and in the present case there was definitely no leather pieces with mr. dadlani. despite, leather pieces were found place in the apprehended packages.it is ..... department was that 2 suit-cases were delivered by vaswani, but at the enquiry it was sought to be proved that he delivered aforesaid 3 packages to the passenger's representative. the taxi driver and s.n. banerjee, superintendent (preventive) were the principal witnesses on behalf of the prosecution. it appears from the enquiry proceedings .....
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