Court : Kolkata
Decided on : Feb-10-1998
Reported in : (1998)2CALLT249(HC),1998(1)CHN492
orderthe court 1. these appeals arise out of a common judgment and order passed by a learned single judge of this court in writ petition no. 2281 of 1996, whereby and whereunder the petitioners' writ petition questioning the orders of revision in valuation of the premises dated 27.8.1996 as contained in annexure 'f' to the writ application were allowed.2. the basic fact of the matter is not in dispute. the petitioners are residents of separate flats situated in a multi-storeyed building at premises no. 14, ballygunge park. calcutta-19.3. from annexure 'a' to the writ application it appears that one mr. aditya kanoria, who is said to be the original owner of the land and the building, had furnished the details as regards the floor no., unit no., name and address of the occupier, the unit area sq. ft. including common areas, value of agreements (rs.), dates of agreements, dates of registration of land. date of possession. accommodation type, car parks, drivers' quarters/stores, etc. of the flats occupied by 21 persons. pursuant to or on the basis of the said details furnished by the said sri kanoria, the calcutta municipal corporation had assessed 21 owners of flats separately and pursuant whereto a notice as contained in annexure 'c' to the writ application had been issued, in the grounds of revision mentioned in the said notice, it is stated that the same was done as 'a new value of the new buildings on mutation and apportionment on estimated yearly reasonable rental value .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-25-1998
Reported in : AIR1999Cal205
1. the liability of a tenant to pay consolidated rate in respect of a building in its occupation to the calcutta municipal corporation under the calcutta municipal corporation act, 1980 (hereinafter referred to as the act) falls for our consideration in this appeal. 2. the basic fact of the matter is not in dispute. strand properties ltd, respondent no. 9 in thewrit application was owner of premises at 16, strand road, calcutta-1 which was leased out to the 1 st petitioner. a sub-lease has been granted by the petitioner to 12 companies, viz. (1) steel authority of india ltd., (2) blacker & company pvt. ltd., (3) itc limited, (4) pigott chapman & company, (5) eastern railways, (6) india jute & industries ltd., (7) ici (india) limited, (8) indian bank, (9) luoyds register of shipping, (10) allahabad bank, (11) ratnakar shipping company ltd., and (12) west bengal rolling mills association. 3. allegedly in terms of the deed of lease, municipal rates, taxes etc. are to be paid by the superior lessor. a suit was filed by the petitioners in the city civil court questioning a notice of the corporation demanding from them a sum of rs. 6,82,69,457/- for the following reliefs :-- '(a) declaration that the plaintiff is not liable to pay municipal rates and taxes of premises no. 16, strand road, police station hare street, calcutta-700 001 to the defendant no. 2. (b) declaration that the purported demands of the defendant no. 2 upon the plaintiff towards arrear municipal rates and taxes .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-08-1998
Reported in : (1999)1CALLT345(HC)
n.k. mitra, j. 1. the short point involved in this civil order is, whether the state government could refuse to mutat the name of the writ petitioners who were the legatees under the will executed by the original lessee shri anil kumar bhattacharjee in respect of a plot of land in the bidhannagar, salt lake city, and which was duly probated.2. in short, the facts of this case as stated in the writ application, inter alia, are that one shri anil kumar bhattacharjee, since deceased, was granted a lease in respect of plot no. 147, measuring about 5.4344 kathas. in block-ec, in sector-1 of bidhannagar. salt lake city for 999 years by the government of west bengal. the lease was duly accepted and registered on 6th of march, 1986 and the lessee duly got possession of the above lease hold property and was all long in possession and occupation thereof. the said leasee knew the writ petitioners from their childhood who were like his family members. the writ petitioners used to respect the said lessee like their own father who also used to love them like his own daughters. the said lessee on or about 27th july, 1992 executed a will and testament wherein he made a bequest of the said lease-hold premises in favour of the writ petitioners and thereafter the said lessee died on 4th october, 1992. the executor to the said will obtained probate of the said will in probate case no. 21 of 1993 from this hontile court and the natural legal heirs of the deceased, namely, his widow and his son, .....Tag this Judgment!
Court : Kolkata
Decided on : May-11-1998
Reported in : (1998)3CALLT51(HC)
s.b. sinha, j. 1. although initially this appeal was preferred against an order dated 26.3.98 passed by a learned single judge of this court, keeping in view the points involved and as suggested by the learned counsel for the parties, we heard the writ application itself.2. the writ petitioners who are three in numbers filed a writ application questioning an order dated 7th october, 1997 passed by the commissioner of calcutta municipal corporation as contained in annexure 'a' to the writ application.3. the fact giving rise to the said application is as follows:-4. a dispute had arisen as regard the right, title and interest, the extent of the said right involving three premises being premises nos. 83/1, 84/13, and 94/3 situated at topsia road (south) between the petitioners and the private respondents. the respondents no. 6 to 9 claimed right, title and interest in respect of premises no. 84/3, whereas the respondent no. 7 shyamat kumar banerjee claims right, title and interest in respect of premises no. 84/3 as a thika tenant. it is admitted that a suit was filed in the original side of this court for specific performance of contract by sk. abdul sali and syed anisur rahim against sachindra nath das. nirmal kumar das.bimal kumar das and gopal chandra das, praying, inter alia, for a decree as against the said defendants to execute and register necessary deed of conveyance for premises no. 47/1 and 83/1, topsia road (south) calcutta. jointly and severally as has been described .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-21-1998
Reported in : (1999)1CALLT383(HC),1999(1)CHN148,1999CriLJ3056
a. lala, j.1. this appeal is directed against the judgment and order passed by the learned sessions judge, andaman and nlcobar islands, port blair on 31st march, 1998 in sessions case no. 8 of 1994 giving conviction under section 302 of the indian penal code, sentencing the accused to life imprisonment. the appeal is preferred by the accused making various grounds including that the order of conviction and sentence to undergo rigorous imprisonment for life in the above said sessions case passed by the learned sessions judge is bad in law and inoperative.2. although the defence case was otherwise, but mr. s.k. mondal, the learned counsel appearing for the accused submitted th'at they are only relying upon the prosecution's case that the offender la punishable under section 302 of the indian penal code and the judgment of trial court to that extent is, according to him erroneous.3. in support of his contentions mr. mondal has drawn our attention to the observation of the concluding portion of the judgment being paragraph 56 therein which speaks 'in view of the discussions in the foregoing paragraphs it is established beyond all reasonable doubt that on 13th october, 1992 at about 7 p.m. the accused ramesh narayan @ andi, the vicum sattl narayan @ sattl and others were gambling at the bimblitan chowk; that in course of that gambling there was hot altercation between the accused and the deceased sathyanarayan and in course of that altercation, the accused assaulted sathyanarayan .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-11-1998
Reported in : (1998)2CALLT525(HC)
the court 1. by this motion under sections 30 and 33 of the arbitration act, 1940, the petitioner seeks to assail the award dated 6th june, 1997 made and published by mr. sankar bhattacharyya, a retired judge of this court.2. it would be convenient at this stage to set out briefly the facts leading to the present application by the petitioner.3. by a contract in writing dated 7th september, 1983 the petitioner employed the respondent for construction of 9 blocks of 4-storied (16 units) staff quarters for cisf personnel at brooklyn in calcutta.4. the said contract contains the following arbitration clause :--'68(a) in all disputes, matters, claims, demands or questions arising out of or connected with the interpretation of the contract including the meaning of specifications, drawings, designs and instructions or as to the quality of workmanship or as to the materials used in the work or the execution of the work whether during the progress of the works or after the completion and whether before or after the determination abandonment or breach of the contract the decision of the engineer shall be final and binding on all parties to the contract and shall forthwith be given effect to by the contractor. (b) if, however, the contractor is dissatisfied with any such decision of the engineer, he shall within 15 days after receiving notice of such decision require that the matter shall be referred to an arbitrator to be agreed upon between the parties or failing agreement--to be .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-03-1998
Reported in : (1999)1CALLT271(HC)
orderm.h.s. ansari. j. 1. the present writ application is filed by the society administering the school in question. the petitioner no.1 is registered as a society under the societies registration act, 1860 and the petitioner no. 2 is the secretary of the said society. it is avered in the application that the object of petitioner no. 1 society inter alia, as follows;'to establish, maintain and run a vidyalaya to be named shree digambar jain vidyalaya and other institutions for imparting education in literature, science, commerce, industry, fine arts and other useful knowledge including digambar jain religion.'2. pursuant to the aforesaid object. it is stated, that the petitioner no. 1 founded and established shree digambar jain vldyalaya in the year 1956 and shree digambar jain balika vidyalaya in the year 1960. in the instant writ petition, we are concerned with shri digambar jain balika vldyalaya and for the sake of convenience, it is hereinafter referred to as the school in question.3. the petitioners claim that the society is founded and established by jains and that historically, philosophically and in terms of customs, usage, dogma, doctrine, objects, forms, methods and ritual of worship, pantheon of tirthankaras, epistemology, cosmology, cosmogony, ethics, places of pilgrimage and in myriad other ways, jainism has always been a distinct religion and that its followers constitute a significant minority in india.4. it is the further claim of the petitioners that in the .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-30-1998
Reported in : (1998)3CALLT348(HC)
p.s. mishra, c.j.1. i have the privilege to go through the separate but concurring judgments of s.k. sen, j and s.b.slnha, j.2. it is indisputable that procedural laws are meant to advance justice and the same must apply to order 47 rule 5 of the code of civil procedure. a superior court apart from its power under section 229 read with section 4 of the code of civil procedure coupled with its power under letters patent as a matter of general policy may frame its procedural rules. this court has framed original side rules as well as appellate side rules of procedure for civil cases as well as for petition under art. 226 of the constitution of india. in high court of judicature for rqjasthan v. ramesh chand paltwal, : (1999)illj885sc the supreme court has set at rest any controversy as respects power of the chief justice to constitute a bench of two or more judges to decide a case or any question of law formulated by a bench hearing a case. it is pointed out by the supreme court that the chief justice enjoys special status not only under constitution but also under rules of court made in exercise of the power conferred by article 225 of the constitution. the chief justice can alone determine jurisdiction of various judges of the court. he alone can assign work to a judge sitting alone and to the judges sitting in the division bench or to judges sitting in the full bench. he alone has the jurisdiction to decide which case will be heard by two or more judges. the conferment of .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-28-1998
Reported in : 238ITR694(Cal)
v.k. gupta, j.1. this appeal under clause 15 of the letters patent is directed against the judgment dated june 14, 1993, passed by the learned single judge of this court whereby the writ application filed by the appellant, keshab narayan banerjee, was disposed of by directing respondent no. 1 to reconsider the question of service of the notices under sections 148 and 139(2) of the income-tax act, 1961, and the assessment orders passed under section 147 of the income-tax act on the question whether service of such notices under sections 148 and 139(2) under registered cover was effected or not, limited to the question of proof of the contents of the covers sent by registered post to the appellant. the brief facts leading to the filing of the appeal may be summarised thus :2. for the assessment years 1983-84, 1984-85, 1985-86, 1986-87 and 1987-88, respondent no. 2, assistant commissioner of income-tax, central circle-i, calcutta, passed orders under section 147 of the income-tax act on march 8, 1990. by invoking his power of reassessment under the said section 147 of the income-tax act, he assessed the total income of the appellant at rs. 12 lakhs on estimate and also initiated penalty proceedings under sections 271(1)(b), 271(1)(c) and 273(2)(a) of the act. it was mentioned in this assessment order that a notice under section 148 of the act was served on the assessee by affixation. since, however, no return in compliance with the said notice served by affixation was filed, a .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-02-1998
Reported in : (1999)1CALLT63(HC),1998(2)CHN276
s.b. sinha, j. 1. the petitioners who are five in numbers, three of whom are working in different schools situate in the district of north 24-parganas, have filed the writ application praying for the following reliefs :--'(a) leave be granted to the petitioners under order 1 rule 8 of the code of civil procedure to move this present writ application and to prosecute the same, on behalf of or for the benefit of all persons having the same interest as that of the petitioners and further direction be given at the expense of the petitioners to give notice of institution of the present writ application to all persons having the same interest as that of the petitioners by public advertisement in any newspapers or papers circulating in the state of west bengal. (b) a writ of and/or in the nature of mandamus commanding the respondents, their men and agents and/or servants and/or subordinates and/or assigns to rescind and/or to withdraw and/or to cancel the g.o no. 367-end(p) dated 27.4.1992 and g.o no. 196-edn(b) dated 27.4.1992 and all other orders, circulars and notifications and/or directions to which the extension of service of the primary teachers have been withdrawn and further commanding the respondents authorities not to give any effect to the order dated 16.5.1996 issued by the respondent no. 1 and further commanding the respondents authorities to withdraw the salary of primary teachers/petitioners who are working in extension beyond the age of 60 years and who opted for .....Tag this Judgment!