Kolkata Court August 1991 Judgments
In Re: Shyamali Roy
Court: Kolkata
Decided on: Aug-30-1991
Reported in: 96CWN522,(1994)IIILLJ699Cal
Mitra, J. 1. The short but interesting question involved in this case is, whether an employee of a Street Milk Depot/Booth under the authority of the Milk Commissioner, West Bengal comes within the purview of the West Bengal Shops and Establishments Act, 1963. 2. The facts of the case, inter alia, are that the petitioner filed an application in Form No. 'N' under the West Bengal Shops and Establishment Act, 1963 for recovery of wages for the period from 18.2.1981 to 13.4.1981 as leave wages and from 14.4.1981 to 30.4.1981 as earned wages amounting to Rs. 140/- and compensation amounting to Rs. 1,400/- being 10 times of the due wages treating such non-payment of wages as deduction of wages, against the Milk Commissioner, West Bengal. Such application was filed on 8th of December, 1982. Notice in Form No. 'O' under the West Bengal Shops and Establishment Rules, 1964 was duly served upon the Milk Commissioner, West Bengal who appeared and opposed the said application of the petitioner bot...
Tag this Judgment!Shri Madhu Singh and ors. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-30-1991
Reported in: (1992)2CALLT270(HC)
H.D. Das, J.1. This application under Article 227 of the Constitution of India made by the petitioners is directed against the order dated September 23, 1987 passed by the learned Appellate Authority (Additional District. Magisrate, Midnapore) in Revenue Appeal No. 2 L.R. of 1986.2. Briefly stated the facts of the case are as under :-In suo motu proceedings under Section 44(2A) of the West Bengal Estates Acquisition Act, 1953, (for short the Act), the Revenue Officer, Settlement Camp, Inda, Kharagpur passed an order on October 6, 1980 declaring that several plots of lands having an area of more than 58 acres were the excess lands of the owners being beyond the ceiling limit prescribed under that Act and accordingly treated the said lands as vested lands of the State of West Bengal. Thereafter pattas were granted by the concerned authority of the State Government purporting to make raiyati settlement of the said lands in favour of the petitioners and 64 others on October 13, 1980. The o...
Tag this Judgment!B. Mookerjee Vs. State Bank of India and Etc.
Court: Kolkata
Decided on: Aug-29-1991
Reported in: AIR1992Cal250,(1992)1CALLT335(HC),[1993]76CompCas292(Cal)
ORDERAltamas Kabir, J.1. This appeal is directed against the judgment and order dated 8th October, 1985, passed by a learned single Judge of this Court on an application filed on behalf of the defendant No. 5 in Suit No. 296 of 1980, dismissing the said application, upon holding that the point sought to be raised by the defendant No. 5 could well be taken in his written statement and the trial Court could decide the point, if urged, at the hearing of the suit.2. Certain interesting points of law have been raised in this appeal, which has been preferred by the defendant No. 5 in the suit, which makes it necessary for us to set out the material facts leading to the filing of the above-mentioned application in the suit.3. The defendant No. 1 in the suit, National Rubber ., is an existing company within the meaning of the Companies Act, 1956. The defendant No. 5 claims to be the Managing Director of the defendant No. 1 company.4. The defendant No. ! owned two factories and/or undertakings,...
Tag this Judgment!Commissioner of Income-tax Vs. Indian Molasses Co. (P.) Ltd.
Court: Kolkata
Decided on: Aug-28-1991
Reported in: [1993]200ITR149(Cal)
Ajit K. Sengupta, J. 1. In this reference under Section 256(1) of the Income-tax Act, 1961, for the assessment year 1981-82, the following question of law has been referred to this court :'Whether, on the facts and in the circumstances of the case and on a correct interpretation of the provisions laid down in Section 209A(1)(a) of the Income-tax Act, 1961, the Tribunal was correct in law in holding that it was not necessary for the assessee to furnish a statement of advance tax under Section 209A of the Act and, in that view, upholding the findings of the Commissioner of Income-tax (Appeals) that no interest under Section 217 of the Act was leviable in the case?'2. The facts are that the Income-tax Officer charged interest under Section 217 of the Income-tax Act, 1961. This was done on the ground that the assessee had not sent the statement of advance tax referred to in Clause (a) of Sub-section (1) of Section 209A of the Act.3. The assessee went in appeal before the Commissioner of In...
Tag this Judgment!District Magistrate and Collector and ors. Vs. Narendra Nath Das
Court: Kolkata
Decided on: Aug-28-1991
Reported in: (1992)2CALLT169(HC)
Altamas Kabir, J.1. The short point for decision in this appeal which has been preferred against the order dated 5th February, 1989, passed by a learned Single Judge in Matter No. 4777 of 1986, is whether the learned Single Judge was justified in directing the respondents in the writ application to allow the writ petitioner to join his duty forthwith, and further directing that the petitioner should be deemed to be in service all along, without any break, and should be paid all arrears of his salary, after adjustment in respect of the subsistance allowance which had already been paid to him.2. Briefly speaking, the case of the writ petitioner/respondent No. 1 in the writ petition was that he was appointed as a Group 'D' employee under the District Magistrate and Collector, 24-Parganas (North). On 10th May, 1979 the petitioner was taken into custody in connection with Barrackpore P.S. case No. 6 dated 10th May, 1979 under Sections 409, 406 and 471 of the Indian Penal Code. The petitione...
Tag this Judgment!Kanai Lal Dutta and anr. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-26-1991
Reported in: (1991)2CALLT454(HC)
Sunil Kumar Guin, J.1. This revisional application is directed against the order passed by the learned Senior Municipal Magistrate, Calcutta on 13.9.90 in Case No. 220 of 1990 whereby he held that the report of the Public Analyst had not been superseded by the certificate issued by the Director of the Central Food Laboratory and proceeded to try the case.2. On 2.1.90 Sri. A. B. Roy disclosing his identity as the Food Inspector of the Calcutta- Municipal Corporation purchased nine packages of Cookme Brand Lanka Powder (Chilli Powder) of 50 grams each from the petitioner No. 2 Asit Dutta who was looking after the grocery shop of petitioner No. 1 at 33/1A/12 Manicktola Main Road, Bagmary, Calcutta. One, part of the sample was sent to the Public Analyst for analysis and the remaining two parts of the said sample were packed into one packet and sealed and sent to the Local (Health) Authority (Chief Municipal Health Officer). As per report of the Public Analyst the said sample was misbranded...
Tag this Judgment!Balaka Co-operative Housingsociety Ltd. Vs. Shri Shibdas Raha
Court: Kolkata
Decided on: Aug-22-1991
Reported in: AIR1992Cal122
ORDERAbani Mohan Sinha, J.1. This application under Article 227 of the Constitution for revision, at the instance of the petitioner-Co-operative Society, is directed against the judgment and order passed by member of West Bengal Co-operative Tribunal in Appeal No. 45 of 1989 from the order passed by the Arbitrator, Assistant Registrar, Co-operative Society. It is the case of the petitioner that the opposite party is a member of the petitioner-Co-operative Housing Society which was registered under theBengal Co-operative Societies Act, 1940 in November, 1972. The members were allotted flats in the multi-storeyed building owned by the society and each member was allotted a space for parking one car in the ground floor of the said building. The opposite party on his letter of request given to the Secretary of the Society on September 7, 1987 was permitted to park his second car temporarily in the space of the Co-operative Society in addition to his space, for parking one car. As he contin...
Tag this Judgment!Yogi Industries Private Limited and anr. and Vs. Union of India (Uoi) ...
Court: Kolkata
Decided on: Aug-22-1991
Reported in: 1991(37)LC177(Calcutta)
Susanta Chatterji, J.1. As agreed by the earned Counsel appearing for the respective parties all the 3 (three) matters viz. Matter No. 5483 of 1989 (Yogi Industries Private Limited and Anr. v. Union of India and Ors.) and Matter No. 2919 of 1989 (Yogi Industries Private Limited v. Union of India and Ors.) and Matter No. 3029 of 1989 (Hindusthan Photo Films (Manufacturing) Company Limited v. Union of India and Ors. are taken up for final hearing analogously and/or simultaneously. This judgment is intended to dispose of all the aforesaid 3 (three) cases.2. It appears that in the first writ petition Yogi Industries Private Limited, a Company and the petitioner No. 2 being one of the shareholders of the said Company have prayed inter alia for declaration that the petitioners are deemed holders of a valid industrial licence under the Industrials (sic)(Development and Regulation) Act, 1951 and in terms of the Press Note dated 29.9.1988 and entitled to the benefit of the Notification Nos. 216...
Tag this Judgment!Nari Shikha Samity and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-21-1991
Reported in: (1992)1CALLT194(HC)
Susanta Chatterji, J.1. The present writ petition has been filed by 'Nari Siksha Samiti' a Society duly registered under the Societies Registration Act and running a School under the name and style of 'Lady Abala Bose Balika Vidyalaya' and its Secretary Smt. Monica Mitra against the State of West Bengal, West Bengal Board of Secondary Education and their Principal Officers praying inter alia for a Writ of Mandamus to command the respondents to accord approval of the Special Constitution to the said Lady Abala Bose Balika Vidyalaya, being a department of Nari Siksha Samity by considering the application submitted as on 13th July, 1974 over which no action had allegedly been taken and to discontinue the appointment of the Drawing and Disbursing Officer for the purpose of effecting payment of salary to the staff of the said School and to restrain the respondent No. 8 since appointed as Drawing and Disbursing Officer from interfering in the matter of the said School as Administrator or oth...
Tag this Judgment!Najjam Faroqui Vs. State
Court: Kolkata
Decided on: Aug-20-1991
Reported in: 1992CriLJ2574
A.M. Bhattacharjee, J.1. The appeal is dismissed and the conviction of the accused Under Section 302, Indian Penal Code for committing the murder of his wife and the sentence of imprisonment for life therefor stand affirmed for the reasons stated succinctly by brother Ray in his judgment appearing hereinafter. Needless to say, I agree with his reasonings and concur in his judgment.2. The learned counsel for the accused-appellant in his strenuous endeavour to assail the conviction for murder Under Section 302 virtually went to the length of conceding that the accused could be convicted only Under Section 306 of the Code for abetting the suicide of his deceased wife. Ray, J., has repelled the contention and for good and weightly reasons. But at any rate, in our Criminal jurisdiction, we may, in a given case, go by the confession of the accused; but never by concession of his counsel as a person must never be convicted, and thus deprived of his personal liberty on such concession alone wh...
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