Court : Kolkata
Decided on : Feb-20-1990
Reported in : [1993]201ITR716(Cal)
Suhas Chandra Sen, J.1. The Tribunal has referred to this court the following questions of law under Section 256(2) of the Income-tax Act, 1961 :' 1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that, for the purpose of computing the fair market value of the capital asset of the assessee under Section 55(2) Of the Income-tax Act, 1961, the surplus to be taken into consideration was 3V: per cent., which was the minimum permissible under Explanation 2 to paragraph 1 of Part A of the First Schedule to the Life Insurance Corporation Act, 1956, and not the surplus allocated by the assessee to the shareholder during the relevant period ? 2. Whether, on the facts and in the circumstances of the case and on a proper interpretation of Section 55(1)(b) of the Income-tax Act, 1961, the Tribunal was right in holding that there was improvement in the capital asset of the assessee after January 1, 1954 ? 3. Whether there was any evidence to support th...
Tag this Judgment!Court : Kolkata
Decided on : Jan-15-1990
Reported in : (1990)2CALLT102(HC),94CWN393
P.D. Desai, C.J.1. In order to appreciate the issues arising for decision in this Contempt Petition, it is necessary to set out the facts in. some detail.2. The petitioners are the owners of a property being land with superstructures bearing premises No. 14, Ballygunge Park, Calcutta. They intended to demolish the existing super-structures and to raise a twelve storied residential building on the said premises. They, therefore, submitted the requisite sets of Building Plans for sanction to the Calcutta Municipal Corporation, hereinafter referred to as 'the Corporation Authorities', on or about August 26, 1987. The Building Plans were 'accepted conditionally for further scrutiny' subject to certain conditions by the Corporation Authorities. From time to time thereafter certain objections/ requisitions were served upon the petitioners and they are stated to have been duly complied with by the submission of revised Building Plans whenever necessary or required.3. It is the case of the pet...
Tag this Judgment!Court : Kolkata
Decided on : Aug-08-1990
Reported in : (1992)1CALLT384(HC)
Monoranjan Mallick, J.1. This is a suit Under Section 20 of the Indian Arbitration Act for filing the Agreement and for passing some consequential order in terms of Clause 39 of the Agreement which, according to the plaintiff, is the Arbitration Clause.2. On behalf of the defendant, Life Insurance Corporation of India, a preliminary objection has been raised and an application has also been filed to that effect. An affidavit-in-opposition has also been filed raising preliminary objection against the maintainability of the petition.3. My attention has been drawn to Clause 39 of the Agreement and it is submitted that the present plaintiff has sought to file the Arbitration Agreement and also sought for reference to the Arbitrator as disputes have arisen on the following two points, namely,(1) Termination of Agreement; and(2) Demand of about Rs. 7,00,000/- from the defendant, Life Insurance Corporation of India.4. It is submitited that the termination order is an excepted matter, not refe...
Tag this Judgment!Court : Kolkata
Decided on : Mar-26-1990
Reported in : I(1991)ACC46,AIR1990Cal303
ORDER1. The instant writ petition was moved, inter alia, for issuance of a writ in the nature of Mandamus directing New India Assurance Company the respondent No. 1 to pay the claim of the writ petitioner arising outof the transaction in respect of Policy No. 2312100641 2312100641 (2) dated Septembers, 1981. The writ petition was admitted by Susanta Chatterjee. J. on July 14, 1988 when the petitioner was directed to serve copy of the writ petition upon the respondents within four weeks. Thereafter, hearing of the writ petition was fixed by my order dated December 20, 1988 and the writ petition was heard in presence of the respondents after completion of affidavits.2. The facts of the writ petition are as follows :--Diiip Kumar Ghosh the petitioner herein carries on business under the name and styie of 'Jayer Exports' as sole proprietor thereon having its office and place of business at Village -- Santoshpur, Police Station --Maheshiala District 24-Parganas. The main business of the pet...
Tag this Judgment!Court : Kolkata
Decided on : Jul-05-1990
Reported in : AIR1991Cal256,95CWN394
ORDER1. The petitioner seeks to assail the orders for eviction and other reliefs passed against him by the Estate Officer under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and affirmed on appeal by the Chief Judge, City Civil Court and the main brunt of his attack is that the impugned orders are bad for violation of the rules of Natural Justice. It is not easy to appreciate the significance of the adjective Natural qualifying the word Justice in the expression 'Natural Justice'. I would have thought that unnatural justice is a contradiction in terms. Natural Justice is not something like the Law of Nature or Jus Naturale of the Romans, some sort of a hypothetical law of an ideal nature of the golden age. The principles that go by the name of Rules of Natural Justice are very much the principles of Justice simpliciter which any adjudicatory authority required to administer justice would have to observe, unless such observance is ruled out by expr...
Tag this Judgment!Court : Kolkata
Decided on : Feb-14-1990
Reported in : [1997]227ITR480(Cal)
S.C. Sen, J. 1. The Tribunal has referred the following question of law under Section 256(1) of the Income-tax Act, 1961 ('the Act') : ' Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that the interest paid by the assessee-company was in respect of deposits received by it and, as such, 15 per cent. thereof was not allowed as deduction under Section 40A(8) of the Income-tax Act, 1961 ?' 2. The relevant assessment year is 1982-83, for which the year of accounting was 1981-82. 3. The Tribunal has stated the following facts set out in the statement of the case : ' The assessee-company is admittedly neither a banking company nor a financial company. It claimed to have had incurred an expenditure of Rs. 99,320 by way of interest in respect of moneys received by it. The Income-tax Officer disallowed Rs. 14,989 under Section 40A(8) of the Act being 15 per cent. of Rs. 99,320, The assessee took up the matter in appeal before the Commissioner (Ap...
Tag this Judgment!Court : Kolkata
Decided on : Nov-07-1990
Reported in : AIR1991Cal128,(1991)1CALLT324(HC),1991(1)CHN75,[1991]71CompCas397(Cal),95CWN798
ORDER1. The petitioner is the duly constituted nominee in respect of a Safety Locker in the Durgapur Branch of the Punjab National Bank, which was hired by her deceased husband, but the Bank has decided to deny to the petitioner any access to that Locker unless she produces a succession certificate in support of her right. I have no doubt that the Bank has gone entirely wrong in doing so.2. It is true that the law in India is, by and large, against any interference with the ordinary course of intestate succession, save and except by a valid testamentary disposition strictly in accordance with the law governing testamentary disposition. We have got to, as pointed by the Supreme Court in Sarbati Davi v. Usha Devi : [1984]1SCR992 , bear in mind the anxious care that our law takes in the matter of execution and proof of testamentary instruments which have the effect of diverting the estate of the deceased or any part thereof from the ordinary course of intestate succession. If any post-mor...
Tag this Judgment!Court : Kolkata
Decided on : Nov-28-1990
Reported in : (1991)2CALLT214(HC)
Anandamoy Bhattacharjee, J.1. Even though Tennyson criticised British Laws as 'the Lawless Science of our Laws', as 'myriads of precedents' resulting in 'wilderness of single instances', the Poet also eulogised the system as where 'freedom broadens from precedent to precedent'. Some amount of 'wilderness'' also crept in our laws modelled on the British pattern and both certainty and also uniformity were very often the casualties.2. But very soon our Courts could get over the outdated legal logomachy and hair-splitting niceties and becoming fully alive to the mandate of our National Charter to secure social and economic justice and to ensure that socio-economic justice 'shall inform all the institutions of the national life', have made spirited endeavours to broaden the scope of socio-economic justice from 'precedent to precedent'. As a result, we have now evolved a new juristic principle, a new Jurisprudential approach, to the effect that whenever socio-economic justice appears to be i...
Tag this Judgment!Court : Kolkata
Decided on : May-08-1990
Reported in : AIR1991Cal272,94CWN919
ORDER1. In this application filed by the respondents for vacation of the ex parte interim order of injunction issued against them, the two questions that have arisen for consideration are -- (a) whether the ex parte interim order has automatically stood vacated on the ground of the application for vacation not having been disposed of within the period specified in Clause (3) of Article 226, and (b) whether on the facts and circumstances and the relevant law on the point, the order, if still in operation, should be discharged or otherwise altered, or, if the order is no longer in operation, a fresh interim order is warranted.2. Where an interim order has been made after giving the party affected an opportunity of being heard, such an order is ordinarily not to be discharged or varied unless such discharge or variation has been necessitated by a change in the circumstances or unless the Court is satisfied that the order has caused undue hardship. But when such an interim order has been m...
Tag this Judgment!Court : Kolkata
Decided on : Jul-23-1990
Reported in : AIR1991Cal123,(1991)1CALLT447(HC),1991(1)CHN244,95CWN486,II(1991)DMC35
ORDERA.M. Bhattacharjee, J.1. Thesuit was rightly dismissed and the appeal therefore must follow suit or follow the suit.2. The husband-appellant sued the wife-respondent for dissolution of marriage on the ground specified in Section 13(1)(iii) of the Hindu Marriage Act, 1955, namely, the respondent wife 'has been incurably of unsound mind or has been suffering continuously or intermittenly from mental disorder of a such kind and to such an extent that the petitioner can not be reasonably expected to live with the respondent.3. Sound health, in these days of pollution of air and water, adulteration of foodstuff and drugs and all that is a rare species. So is sound mind, as a result of all the stress and strain, anxiety and tension of the modern age. The legislature has not made unsound-ness of mind or mental disorder, by itself, a matrimonial fault unless the unsoundness is incurable or the disorder is such as to disable the person to become a reasonably tolerable matrimonial partner.4...
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