Kolkata Court July 1988 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Sasti Kanta Hati Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-11-1988
Reported in: (1988)2CALLT407(HC)
Paritosh Kumar Mukherjee, J.1. The instant writ petition was moved on behalf of Sasti Kanta Hati, a Salesman and In charge of a unit of Burdwan Wholesale Consumers' Co-operative Society Limited (hereinafter referred to as the said Society), challenging, inter alia, the initiation of the departmental proceedings against him, contained in memo dated February 5, 1988 (which is Annexure 'K' to the writ petition) and continuance of the order of suspension from service, communicated by the Memo, dated February 24, 1986, by the Chairman of the Domestic Enquiry Committee and the Director of the-said Society (which is Annexure 'N' to the writ petition). This writ petition was admitted and this Civil Order was issued by Umesh Chandra Banerjee, J., on March 14, 1986, and at the time of admission of the writ petition, the learned Judge granted limited injunction and thereby had given liberty to the respondents to continue the enquiry against the petitioner in the usual course, but restrained the r...
National Project Construction Corporation Ltd. and ors. Vs. S.P. Enter ...
Court: Kolkata
Decided on: Jul-08-1988
Reported in: AIR1989Cal155
Sudhanshu Sekhar Ganguly, J.1. The present matter arises out of an application under Section 115 of the Civil P.C.2. Admittedly in terms of a contract of, earth filling the opposite party executed some work for the petitioner 1 and her bills, to a considerable extent, remained unpaid. The contract contained an arbitration clause, being clause 16 and invoking the same the opposite party submitted an application, registered as Misc. Case No. 27 of 1987 before the learned Assistant District Judge, 3rd Court, Alipore under Section 8(2) of the Arbitration Act for the appointment of an Arbitrator. The petitioner 1 contested the said application. It was urged by the petitioner 1 first that on the selfsame ground the opposite party submitted another application before the learned Judge -- being Misc. Case No. 2 of 1987 -- which was dismissed on contest on 18-3-87 and the review application being Misc. Case No. 19 of 1987 in respect of the same remaining pending, the instant application was bar...
West Bengal State Electricity Board and anr. Vs. B.B.M. Enterprise
Court: Kolkata
Decided on: Jul-08-1988
Reported in: (1988)2CALLT386(HC)
Pratibha Bonnerjea, J.1. This is an application for setting aside the award, dated 20-11-86 made and published by the Umpire.2. The parties entered into a contract, dated 12-1-82 and the work Order, dated 20-11-82 was issued by the petitioner for filling up and developing the land within the plant area of Kolaghat Thermal Power Project by the respondent. Thereafter a notification, dated 4-11-86 was issued by the State Government directing the petitioner No. 1 to make over possession of Kolaghat Thermal Power Project Stages I and II with all its assets and liabilities as on 1-4-86 to the petitioner No. 2 subject to the terms and conditions Specified in the said notification, and the petitioner No. 1 complied with the same. The value of the work Order, dated 20-11-82 was Rs. 56,31,000. The respondent executed the said work for some time. Thereafter dispute arose between the parties which were referred to two arbitrators in terms of the arbitration clause contained in the contract. The ar...
Madan Mohan Dey Vs. United Bank of India and ors.
Court: Kolkata
Decided on: Jul-08-1988
Reported in: (1989)ILLJ511Cal
Ajit Kumar Sengupta, J.1. This case demonstrates the grim determination of the head of a nationalised bank to compel an employee who, after 42 years of service, retired without there being any disciplinary proceedings initiated against him before or after his retirement, to face death by starvation with the family by withholding the Provident Fund, Gratuity and leave encashment benefits amounting in the aggregate to Rs. 2 lakhs for a paltry sum of Rs. 1,738/- alleged to have been drawn by him unauthorisedly as leave fare concession of his wholly dependent, unmarried and sick sister. The extent of the curelty and caprice, malafides and melevolence, unkindness and unfairness, arbitrary, unreasonable and irresponsible conduct and behaviour of the Chairman of the Bank would be apparent from the records. The manner in which the Chairman ignored the advices of the senior officers, the vengeance with which he proceeded, the ill-conceived delight he derived from the suffering of a person, who ...
Pradip Kumar Sarkar and ors. Vs. Luxmi Tea Co. Ltd. and ors.
Court: Kolkata
Decided on: Jul-06-1988
Reported in: [1990]67CompCas491(Cal)
Ajit Kumar Sengupta, J. 1. In this interlocutory application, the plaintiffs have, inter alia, asked for the following reliefs : (i) Appointment of an administrator and/or special officer over the defendant-company, the Luxmi Tea Co. Ltd. to take over its management; (ii) For certain orders of injunction,-- (a) restraining defendants Nos. 2 to 8 from holding out or acting as directors ; (b) restraining defendant No. 9 from holding out or acting as the secretary of the defendant-company ; (c) restraining the defendants from dealing with or alienating or encumbering the company's assets or parting with its possession or from entering into any further contracts or operating the company's bank account or selling the company's tea except by public auction and restraining the defendant-company from allowing Carritt Moran and Co. P. Ltd. ('Carritt Moran') to act as tea-broker of the defendant-company and allowing one Debu Chatterjee to act as manager of the defendant-company's Narayanpur ...
Commissioner of Income-tax Vs. Jamini Mohan Kar
Court: Kolkata
Decided on: Jul-05-1988
Reported in: [1989]176ITR127(Cal)
Ajit Kumar Sengupta, J. 1. At the instance of the Commissioner of Income-tax, West Bengal-VII, Calcutta, the following question of law has been referred to this court under Section 256(1) of the Income-tax Act, 1961, for the assessment year 1970-71 :'Whether, on the facts and in the circumstances of the case and on a correct interpretation of Section 17(3)(i) of the Income-tax Act, 1961, the Tribunal was correct in holding that the sum of Rs. 36,326 was not includible in the total income of the assessee ?'2. The facts leading to this reference are stated hereafter. The assessment year involved is 1970-71. The assessee was an employee working in one of the units of Guest Keen William Ltd. This unit was closed and in consequence the services of the assessee were terminated. By letter dated July 3, 1969, the said company informed the assessee that his services would not be required with effect from July 3, 1969, and that pursuant to the standard conditions of service for junior management...
Commissioner of Income-tax Vs. Nawn Estate Pvt. Ltd.
Court: Kolkata
Decided on: Jul-04-1988
Reported in: [1989]175ITR127(Cal)
Ajit Kumar Sengupta, J.1. At the instance of the Commissioner of Income-tax, West Bengal-V, the following question of law has been referred to this court under Section 256(2) of the Income-tax Act, 1961, for the assessment year 1960-61 :'Whether, on the facts and in the circumstances of the case, the Tribunal erred in holding that the payment by the assessee of a larger dividend than that declared would have been unreasonable and in that view cancelling the order made under Section 23A of the Indian Income-tax Act, 1922 ?'It is not necessary for us to go into the question referred to us in view of the facts stated hereafter.2. The Tribunal has recorded in the statement of case as follows :'Learned counsel appearing on behalf of the respondent-company has drawn our attention to his petition dated July 4, 1973, in order to bring to our notice, the subsequent event that the Appellate Assistant Commissioner, by his order dated March 24, 1977, set aside the assessment for the assessment yea...
Mina Adhikari Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-04-1988
Reported in: (1989)1CALLT68(HC),93CWN86
Sankar Bhattacharyya, J.1. In this revisional application the petitioner prays for quashing the proceeding in C.R. Case No. 111 of 1987 under Section 193, Indian Penal Code pending against her in the court of the learned Chief Judicial Magistrate, Berhampore. it arises thus.2. Over the suicidal death of one Shibani Das by burning on 6.5.84 her husband Parasar Das was arraigned before a learned Additional Sessions Judge, Murshidabad, in Sessions Trial No. 2 of January 1987 to answer a charge under Section 306, Indian Penal Code. On the date of incident the petitioner, who is a nurse, was on duty at the New Berhampore General Hospital, where the victim Shibani Das was removed for treatment.3. According to the prosecution after being removed to the hospital the victim made a dying declaration before the petitioner and some other nurses to the effect that she chose the path of self- immolation by fire, being unable to bear the tortures by her husband.4. During Trial, the petitioner was exa...
Amal Guha Vs. the State and anr.
Court: Kolkata
Decided on: Jul-04-1988
Reported in: 1989CriLJ488
A.C. Sen Gupta, J. 1. This revisional application under Sections 397, 401 and 482 of the Criminal P.C. has been filed by the petitioner Amal Guha against his wife the opposite party No. 1 in respect of two orders - one dated 28-8-78 and the other dated 29-1-80, The order dated 28-8-78 was an order passed against the petitioner ex parte ordering payment of maintenance to his wife, the present opposite party No. 1. After this order was passed ex parte on 28-8-78, the present petitioner filed an application under Section 126(2) of the Criminal P.C. for setting aside the ex parte order for maintenance on 5-4-79. The learned Magistrate rejected that application on two grounds, viz., that the petition was filed more than three months after the date of the ex parte order and that the petitioner failed to make out a prima facie case that he came to know of the ex parte order on 18-3-79 as alleged in his petition.2. In view of the divergence of opinion as to whether in an application under Sect...
Peerless General Finance and Investment Co. Ltd. Vs. Union of India (U ...
Court: Kolkata
Decided on: Jul-01-1988
Reported in: [1991]71CompCas300(Cal),93CWN134
Bhagabati Prasad Banerjee, J. 1. The petitioners in this writ application challenged the validity of the show-cause notice dated March 13, 1987, and June 24, 1987, as also the order dated November 13, 1987, passed by the Company Law. Board, Ministry of Industry, Government of India, New Delhi, under Section 408 of the Companies Act, 1956 (referred to as 'the said Act'). By the show-cause notice dated March 13, 1987, which is annexure 'A' to the petition, the petitioner, Peerless General Finance and Investment Co, Ltd., was directed to show cause why the Government directors should not be appointed in the company under Section 408(1) of the Companies Act, 1956, on the ground that it had come to the notice of the board that the Hon'ble Supreme Court of India, in their judgment in Civil Appeal No. 3563 of 1986, Reserve Bank of India v. Peerless General Finance and Investment Co. Ltd., [1987] 61 Comp Cas 663 had made some observations for which the action under Section 408 of the said Act ...
- ‹ Prev
- 1
- 2
- 3
- 5
- Next ›
- Last »