Kolkata Court August 1990 Judgments
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Peerless Employees' Union and Ors. Vs. the Peerless General Insurance ...
Court: Kolkata
Decided on: Aug-27-1990
Reported in: (1991)1CALLT86(HC)
Ganendra Narayan Ray, J.1. This appeal is directed against the: judgment dated June 7, 1985 passed by the learned trial Judge in Civil Order No. 8109(W) of 1985. By the aforesaid judgment, the learned trial Judge directed the Industrial Tribunal in case No. 8/326/78 to treat the preliminary enquiry and the reports submitted on conclusion thereof to be fair and proper and thereafter to proceed with the reference in accordance with law. Sri Sujit Ghatak was an employee of the Peerless General Insurance and Investment Co. Ltd. (hereinafter referred to as the Company). A disciplinary proceeding was initiated against Sri Ghatak and pursuant to such disciplinary proceeding, the service of Sri Ghatak was terminated on August 27, 1975, The Government of West Bengal by memo dated September 21, 1978 made a reference to the Industrial Tribunal, West Bengal concerning 14 employees of the Company including Sri Sujit Ghatak. It appears that out of 14 persons, the cases of dismissal of three employee...
Arjed Ali Gazi Vs. State of West Bengal
Court: Kolkata
Decided on: Aug-27-1990
Reported in: (1991)1CALLT211(HC),94CWN1057
Ganendra Narayan Ray, J.1. This writ petition is directed against an order of the Secretary, Dakshin Barasat Service Co-operative Society (hereinafter referred to as the Society) dismissing the service of the writ petitioner, Sri Arjed Ali Gazi, who was an employee of the Society. Mr. Justice Monoranjan Mallick has noted that there arc conflicting decisions of Single Bench .of this Court on the question of maintainability of a writ petition against a Co-operative Society. As the said question is important and is often involved in other writ petitions, the learned Judge felt that the matter should be considered by a Division Bench. In view of such observation by the Single Bench, this matter has been assigned to this Division Bench by the Hon'ble the Chief Justice. The short facts relating to the order of dismissal may be stated hereunder. Sri Arjed Ali Gazi was an employee of the Society, which is a primary Co-operative Society governed by the West Bengal Co-operative Societies Act. It...
Assistant Commissioner of Vs. B.K.A.V. Birla
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Aug-24-1990
Reported in: (1990)35ITD136(Kol.)
1. This appeal by the Revenue and the Cross Objection by the assessee: M/s. B.K.A. V. Birla (HUF) are directed against the order of the Commissioner of Income-tax (Appeals) dated 29-6-88. Both in the appeal as well as in the cross objection, the dispute relates to computation of capital gain arising out of sale of shares of M/s. Zenith Steel Pipes & Industries Ltd. (hereinafter referred to as'Zenith Steel'.) 2. The brief facts relating to the controversy are that the assessee acquired 11,533 shares of Zenith Steel in the year 1961. These shares were retained as "investment" till 1972 when the shares were converted into stock-in-trade. Between the years 1975 and 1979 the assessee was further allotted 14,430 bonus shares of Zenith Steel. The total shareholding of the above Company was again converted to investment on 9th September, 1982. All the shares were sold in August 1984. The assessee earned a profit of Rs. 6,18,141 on sale of shares and claimed the same to be long term capita...
Smt. Sibani Chakraborty Vs. Sri Nripendra Kumar Basu
Court: Kolkata
Decided on: Aug-24-1990
Reported in: (1991)1CALLT451(HC),95CWN623
Ajit Kumar Nayak, J.1. In this second appeal the short question of law that arises for determination is whether a defendant-tenant once having refused to avail himself the benefit of partial eviction, under Section 13(4) of the West Bengal Premises Tenancy Act, can again be offered the same benefit by the court at the appellate stage, and if so, whether the tenant can avail of it? It may be stated at the outset that answer to this question is, and should be in the affirmative.2. This second appeal is directed at the instance of the plaintiff-landlord against a judgment and decree of partial eviction dated 7.5.1986 and 20.5.1986 respectively passed by learned Additional District Judge, 14th Court, Alipore, 24-Parganas, in Title Appeal No. 652 of 1984, in a suit brought by the plaintiff-appellant for eviction of the defendant-respondent- tenant among other grounds for reasonable requirement for own use and occupation.3. The respondent-defendant-tenant (for short defendant-tenant) was adm...
Naresh Chandra Das Vs. Gopal Chandra Das
Court: Kolkata
Decided on: Aug-23-1990
Reported in: AIR1991Cal237,95CWN564
ORDERS.S. Ganguly, J.1. The facts leading to the present appeal may be summarised as follows:--Admittedly the parties have been running a partnership business in the name and style of Kalpataru Electric and Electronics at Bijpur within the district of North 24--Paraganas. The plaintiff-appellant filed Title Suit No. 534 of 1988 in the Court of 1st Assistant District Judge, Barasat, North 24-Paraganas alleging that another business of the name of 'Audio Vision' being run at Kalyani within the Civil Procedure Code, , district of Nadia was started as the branch of the partnership business at Bijpur with capital supplied from its funds and assets supplied from its stock. The appellant prayed for a declaration in the suit that the business at Kalyani was also partnership business and/ or joint property and business of the parties and consequential reliefs. The contention of the defendant-respondent as per his written statement was that the business at Kalyani was started by him alone with h...
Associated Design Planning Group (P) Ltd. Vs. Bidhan Chandra Krishi Vi ...
Court: Kolkata
Decided on: Aug-22-1990
Reported in: (1991)1CALLT329(HC)
Monoranjan Mallick, J.1. This is an application under Section 28 of the Indian Arbitration Act praying for extension of the period of six months so as to enable Shri Bhaskar Sen the Sole Arbitrator, to proceed with the reference and make and publish his award in the matter within the above period.2. The petitioner has moved this Court on the following allegations : On or about 25th September, 1975 an agreement was entered into between the petitioner and the respondent whereby the respondent appointed the petitioner for preparation of master plan for Mohanpur Campur, Project report. Soil investigation work and design and drawings for all building, structures, infra structure, inter alia comprised of electronics, Public health, water supply, roads and paths, bridge, landscape planning etc, upon terms and conditions at a remuneration duly specified in the said agreement. That agreement clause contained an arbitration clause being clause (8) which is set out in paragraph 3 to the applicati...
In Re: Shibnath Chatterjee
Court: Kolkata
Decided on: Aug-21-1990
Reported in: (1990)2CALLT396(HC)
Shyamal Kumar Sen, J.1. It is the case of the Writ Petitioner that he was originally an employee at the Kolaghat Thermal Power Project under the West Bengal State Electricity Board. A Notification was issued by the Government of West Bengal Department of Power on November 4, 1986 whereby a Generating Company namely, The West Bengal Power Development Corporation Limited (hereinafter referred to as the Generating Company) was established by the State Government. Under Clause 6 of the said Notification the employees posted at the Generating Stations would continue to hold such posts under the Board on the same scales of pay and allowances and with all benefits available to them under the Board's service regulations till such time, not exceeding one year from the date of the Notification. The employees were given the right to exercise option as to whether they would continue under the Power Development Corporation. The said Clause 6 with its different sub-clauses are set out herebelow :- '...
Bimal Sahoo, Secretary, Basudebpur Girls' High School and others Vs. G ...
Court: Kolkata
Decided on: Aug-20-1990
Reported in: AIR1991Cal120,(1990)2CALLT425(HC),94CWN1114
ORDER1. The plaintiff filed Title Suit No. 30 of 1989 in the Second Court of Munsif, Contai for a declaration that the plaintiff stood first among the candidates interviewed for selection of an assistant teacher, for other declarations, permanent injunction, both prohibitory and mandatory.2. The plaintiff alleges that the defendant school sponsored names of some candidates from the employment exchange for filling up a vacancy of an assistant teacher in the school. Since the Ad hoc Committee of the school resolved to eliminate the plaintiff she had to file a writ being C.O. 2538(W) of 1988. In terms of direction in the writ by the High Court Committee interviewed the candidates including the plaintiff. On an illegal assessment of marks one Tapati Khatua was selected although the plaintiff stood first in the selection. The plaintiff preferred an appeal to the District Inspector of Schools who on the basis of an enquiry report cancelled the panel prepared by the Selection Committee and di...
Sk. Hatem Ali and Others Vs. West Bengal Board of Secondary Education ...
Court: Kolkata
Decided on: Aug-20-1990
Reported in: AIR1991Cal321
ORDER1. This writ petition was moved on behalf of Sk. Hatem Ali and 14 others, claiming themselves to be the Guardians of their respective Wards, residing in the village Rajibpur, P.O. Achipore, District 24-Par-ganas (South), challenging a communication sent by the Secretary of the West Bengal Board of Secondary Education dated February, 22, 1988, intimating that the Executive Committee of the Board in its meeting dated February 15, 1988, had accorded sanction for shifting the site of the existing school, namely, Rajibpur Junior High School on Plot No. 240, Khatian No. 43, J.L. No. 43, Mouza Rajibpur.2. Earlier on the writ petition filed by Sk. Mohammad Ali and others Civil Rule No. 1012(W) of 1985 was issued by this Court which was disposed of by me by a reasoned judgment dated November 23, 1987, in the presence of Mr. Pramatha Nath Palit, learned Advocate for the petitioners and Mr. S. C. Ukil, Government Pleader, with Miss. Chhabi Das, learned Advocate for the private respondents No...
Subhas Chandra Basu Vs. Bank of Baroda and ors.
Court: Kolkata
Decided on: Aug-20-1990
Reported in: (1991)2CALLT111(HC),(1992)IILLJ248Cal
Paritosh Kumar Mukherjee, J. 1. This writ petition was moved before this Court on February 9, 1989, inter alia, challenging the impugned chargesheet dated November 19, 1987, being Anncxure 'C' to the writ petition and the departmental proceeding intiated by the respondents Bank of Baroda authorities against the writ petitioner Subhas Chandra Basu, who was working as Senior Manager, posted at International Business Branch, Bank of Baroda, Ruby House, Calcutta, at 8B, India Exchange Place, Calcutta-12. Mahitosh Majumder, J, at the time of admission of writ petition, directed the respondents to produce the records and also directed the writ petitioner to co-operate with the disciplinary authority without prejudice to his basic and foundational objection to the charges being stale in nature, according to His Lordship.3. This writ petition has come up for the final hearing in the presence of Mr. Jatin Ghosh, learned Advocate appearing for the Bank of Baroda authorities, along with Mr. Sunil...
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