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Documents citing Narayan Chandra Kundu vs State Of West Bengal And Ors. on 7 August, 2007

(An Application Under Articles 226 And ... vs M/S Maa Kirandevi Agro Foods (P) Ltd on 29 October, 2021

It has been held in the case of Narayan Chandra Kundu Vs. State of West Bengal and others, reported in AIR 2007 Cal 298 that "....After going through the provisions contained in Sections 126 and 135 of the Act we find that the legislature has intended that the Assessing Officer must be a person who was actually a member of the inspection team at the time of detecting the pilferage or the unauthorised use of the electricity so that he can pass the order of assessment not on the basis of papers placed before him but after actually visiting the site at the time of detection of the illegality....." In the case of Sri Seetaram Rice Mill (supra), it is held in paragraph-23 that Section 126 of the Act contemplates the steps to be taken, which include 'the Assessing Officer is to conduct inspection of the place or premises and the equipments, gadgets, machines, devices found connected or used in such place.' (emphasis supplied).
Orissa High Court Cites 20 - Cited by 0 - K R Mohapatra - Full Document

Pannalal Singhi & Ors vs C.E.S.C. Ltd. & Ors on 2 February, 2010

Hence, this writ petition by the consumer. Two points have been urged :- (i) The assessing officer was without jurisdiction as he was not part of the Inspection Team placing reliance on a Division Bench Judgment of our Court in the case of Narayan Chandra Kundu vs. State of West Bengal 2 reported in AIR 2007 Kolkata 298 (Para 13), (ii the order of the appellate authority is bad, on the ground that it discloses no reason.
Calcutta High Court Cites 2 - Cited by 0 - I P Mukerji - Full Document

West Bengal State Electricity ... vs Jadavpur Tea Company Limited & Ors on 21 January, 2011

It is further appears that the question which has already been stated by the Division Bench of this High Court that the Assessing Officer must be a member of the inspection team so that he can assess the facts and the situation properly and the Division Bench of this High Court in the case of Narayan Chandra Kundu (supra) and held that it would be the proper way of appointing an Assessing Officer, who was actually a member of the inspection team at the time of detecting the use of electricity unauthorizedly.
Calcutta High Court Cites 15 - Cited by 0 - P C Ghosh - Full Document

The Assessing Officer-Cum-Sub vs Appellate Authority-Cum-Executive ... on 12 April, 2023

It has been held in the case of Narayan Chandra Kundu Vs. State of West Bengal and others, reported in AIR 2007 Cal 298 that "....After going through the provisions contained in Sections 126 and 135 of the Act we find that the legislature has intended that the Assessing Officer must be a person who was actually a member of the inspection team at the time of detecting the pilferage or the unauthorized use of the electricity so that he can pass the order of assessment not on the basis of papers placed before him but after actually visiting the site at the time of detection of the illegality....." In the case of Sri Seetaram Rice Mill (supra), it is held in paragraph- 23 that Section 126 of the Act contemplates the steps to be taken, which include 'the Assessing Officer is to conduct inspection of the place or premises and the equipments, gadgets, machines, devices found connected or used in such place.' (emphasis supplied).
Orissa High Court Cites 6 - Cited by 0 - K R Mohapatra - Full Document

Shiw Narayan Sharma vs Cesc Ltd. & Ors on 10 January, 2011

Referring to the provisions of s.126 and relying on the Division Bench decision in Narayan Chandra Kundu v. State of West Bengal & Ors., 2008 (1) CHN 459, Mr Bhattacharyya has argued that since the order of final assessment was made by an assessing officer who was not in the team that detected the alleged unauthorised use of electricity, he could not make the order of final assessment.
Calcutta High Court (Appellete Side) Cites 8 - Cited by 0 - J K Biswas - Full Document

Mr. Sankar Prosad Banerjee .. For The vs State Of W.B. & Ors.) on 20 April, 2011

In the decision reported in 1982(1) CLJ, page 61 ( Narayan Chandra Kundu Vs. State of W.B. & Ors.), the Hon'ble High Court, Calcutta in concluding the spirit of Section 54 and 55 of the West Bengal Land Reforms Act has been pleased to observe that where right of appeal is provide by statute, no person aggrieved cannot be allowed to avail of the redress in the forum without approaching the appellate form before coming to the Hon'ble Court by filing writ application.
Calcutta High Court (Appellete Side) Cites 13 - Cited by 0 - P K Ray - Full Document

Mr. Sankar Prosad Banerjee .. For The vs State Of W.B. & Ors.) on 20 April, 2011

In the decision reported in 1982(1) CLJ, page 61 ( Narayan Chandra Kundu Vs. State of W.B. & Ors.), the Hon'ble High Court, Calcutta in concluding the spirit of Section 54 and 55 of the West Bengal Land Reforms Act has been pleased to observe that where right of appeal is provide by statute, no person aggrieved cannot be allowed to avail of the redress in the forum without approaching the appellate form before coming to the Hon'ble Court by filing writ application.
Calcutta High Court (Appellete Side) Cites 13 - Cited by 0 - P K Ray - Full Document

Mr. Sankar Prosad Banerjee .. For The vs State Of W.B. & Ors.) on 20 April, 2011

In the decision reported in 1982(1) CLJ, page 61 ( Narayan Chandra Kundu Vs. State of W.B. & Ors.), the Hon'ble High Court, Calcutta in concluding the spirit of Section 54 and 55 of the West Bengal Land Reforms Act has been pleased to observe that where right of appeal is provide by statute, no person aggrieved cannot be allowed to avail of the redress in the forum without approaching the appellate form before coming to the Hon'ble Court by filing writ application.
Calcutta High Court (Appellete Side) Cites 13 - Cited by 0 - P K Ray - Full Document
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