Kolkata Court February 1995 Judgments
Dr. Ganesh Dubey Vs. Indian Iron and Steel Co. Ltd. and ors.
Court: Kolkata
Decided on: Feb-28-1995
Reported in: (1995)2CALLT51(HC),99CWN562
Satyabrata Sinha, J.1. This aplication is directed against the office order dated 15/9/1993 as contained in Annexure 'D' to the writ application whereby and whereunder the petitioners' period of probation was extended and also an order dated 15/9/1993 whereby and whereunder his duties have been curtailed.2. The fact of the matter lies in a very short compass.The writ petitioner joined Kulti Hospital of Respondent No. 1 in May, 1981. Prior thereto he was posted at Bokaro Hospital of Bokaro Steel Plant of Steel Authority of India Ltd. The writ petitioner was in E-3 grade for over 7 years and thereafter he was promoted to E-4 grade in 1988 which. came into force w.e.f. 30th June, 1988 only for the purpose of seniority. The petitioner was made Hospital Incharge upon transfer of Dr. V. Gupta, the then hospital incharge, in routine manner. The petitioner was promoted to E-5 grade in February, 1993. The said promotion was to take effect from the date of assumotion of higher responsibility. Ho...
Tag this Judgment!Usha Alloys and Steels Ltd. Vs. Deputy Commissioner of Income-tax.
Court: Kolkata
Decided on: Feb-28-1995
Reported in: [1995]55ITD418(Cal)
ORDERPer R.V. Easwar, J.M. - The only issue in this appeal is whether the disallowance of Rs. 1,70,000 is proper or not.2. The assessee is a public limited company carrying on the business of manufacture and sale of billets and rolled products at its Adityapur (Jamshedpur) and Agra factories respectively. In the return the assessee claimed deduction, inter alia, in respect of fees for the preparation of feasibility report prepared by Development Consultants Pvt. Ltd. with regard to the installation of captive power station at its Jamshedpur factory. The claim was disallowed on the ground that it represented capital expenditure.3. On appeal, it was contended on behalf of the assessee that due to erratic power supply, the production in Jamshedpur was being adversely affected with the result that the company had to pay the labour wages and overheads even for idle hours when there was no production. The company thought that if it had a captive power station in the factory, such a situation...
Tag this Judgment!Radha Ketchap Vs. Union of India
Court: Kolkata
Decided on: Feb-27-1995
Reported in: AIR1995Cal267
ORDER1. This writ application was filed by the petitioner, a social worker belonging to a schedule tribe community, as a public interest litigation. Initially a prayer was made for setting up a permanent High Court Bench for the Union Territory of Andaman and Nicobar Islands at Port Blair. As and when a preliminary objection was raised on behalf of the respondents that it was beyond thecompetence of this Court to give a mandate on the respondents for creation of an independent permanent High Court Bench in the manner prayed for, and particular attention of the Court was drawn to Article 214 of the Constitution 'that there shall be a High Court for each State' and Andaman and Nicobar Islands was not a State but merely a Union Territory, the Ld. Advocate for the petitioner in this perspective prayed for an amendment of the writ application and suggested that the writ petitioner would be satisfied if instead of a permanent High Court Bench, a permanent Circuit Bench is created at Port Bla...
Tag this Judgment!Smt. Urmila Bharuka Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Feb-22-1995
Reported in: [1999]97CompCas16(Cal)
Satya Brata Sinha, J.1. This application is directed against an order dated February 1, 1994, passed by the Joint Director (SE), Government of India, Ministry of Finance, Department of Economic Affairs, in exercise of his powers conferred upon him under Section 22 of the Securities Contracts (Regulation) Act, 1956, allowing the appeal preferred by Coventry Spring and Engineering Company Limited, respondent No. 5 (hereinafter called and referred to as 'the company'), against a purported deemed order of rejection of the Calcutta Stock Exchange Association Limited, respondent No. 3 herein relating to the application filed for listing of the shares. The facts of the matter are as follows :2. On or about February 24, 1993, the company offered 21,70,000 equity shares of Rs. 10 each at a premium of Rs. 35 per share aggregating to Rs. 976.50 lakhs to the public for subscription on terms and conditions contained in the prospectus which is contained in annexure 'A' to the writ application. In te...
Tag this Judgment!A.C. Roy Co. and Others Vs. Union of India and Others
Court: Kolkata
Decided on: Feb-20-1995
Reported in: AIR1995Cal246
ORDER1. The petitioner in this application, inter alia, has prayed for issuance of a writ of or in the nature of mandamus directing the respondents to forthwith revoke and/or rescind and/or cancel the letters dated 7th September, 1992 and 18th September, 1992 which are contained in Annexures R, R/l, S, S/1 to the writ application as also desisting from invoking bank guarantee No. AH7/BG/3/87, dated 7th November, 1987 for a sum of Rs. 10 lacs 57 thousand 1 hundred 60 and bank guarantee No. 5/88, dated 5th October, 1988 for a sum of Rs. 31 lacs 71 thousand 4 hundred 80 both issued by the Hunk of Maharashtra.2. The fact of the matter lies in a very narrow compass.3. The petitioner No. 1 owns a shipyard at Shibpur for carrying on business as Marine and Mechanical Engineers and structural fabricators. The respondent No. 5 intended to get a fishing trawler built by the petitioners. According to the petitioners the Central Government had evolved a scheme to promote shipping industries and gra...
Tag this Judgment!Hindustan Motors Limited Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Feb-20-1995
Reported in: (1996)132CTR(Cal)472,[1996]218ITR450(Cal)
ORDERK.C. Agrawal, C.J.61. In view of the difference of opinion between me and Justice Ruma Pal, the questions referred by the Income-tax Appellate Tribunal are referred to Justice Prabir Kumar Majumdar for his opinion under Section 259 of the Income-tax Act.Prabir Kumar Majumdar, J.62. This reference has been assigned to me by an order of the hon'ble Chief Justice on a difference of opinion between the two hon'ble judges of the Division Bench, presided over by the hon'ble Chief Justice.63. The assessment year involved in this reference is 1985-86. The relevant previous year is the accounting year ended on March 31, 1985. The assessee follows the mercantile system of accounting.64. On an application of the assessee, three questions have been referred for determination under Section 25G(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the said Act'). The questions are as follows :'1. Whether, on the facts and in the circumstances of the case, and proper interpretation of law,...
Tag this Judgment!Badal Kumar Sahu and Others Vs. West Bengal Board of Secondary Educati ...
Court: Kolkata
Decided on: Feb-16-1995
Reported in: AIR1996Cal7
ORDER1. Both these writ applications involving common question of fact and law were taken up for heaaring together and in the facts and circumstances are being disposed by this common judgment.2. The petitioner in C.O. No. 8814(W) of 1990 is directed against an order dated 22-5-1990 passed by West Bengal Board of Secondary Education and in C.O. No. 15580 (W) of 1991, the petition is directed against an order dated 10-10-1991.3. The fact of the matter lies in a very narrow compass.4. The petitioners of C.O. No. 8814(W) of 1990 are said to be the members of the Managing Committee of Amarshi B.C. Girls' High Court (hereinafter referred to as 'the said School'). The election in the guardians category for the purpose of reconstitution of the Managing Committee was held in the year1981. The Managing Committee of the School was reconstituted on $-7-1988. The Headmistress of the School filed an appeal, before the appeal committee questioning the said election, llie matter went up to the appeal...
Tag this Judgment!Siben Kumar Mondal Vs. Hindustan Petroleum Corporation Ltd. and Anothe ...
Court: Kolkata
Decided on: Feb-16-1995
Reported in: AIR1995Cal327
ORDER1. In this application the petitioner has, inter alia, prayed for issuance of a writ of or in the nature of mandamus directing the respondents to show cause as to why the petitioner should not be awarded retail out let dealership at Santipur adjacent to the National Highway 34 in the District of Nadia.2. The fact of the matter is as follows:Pursuant to the advertisement issued by the respondent No. 1 on 26-12-1985 inviting application from the intending persons for being appointed as dealer under 'C' Category at Santipur in the District of Nadia, the petitioner along with others submitted an application for the dealership. The petitioner was asked to appear before the Oil Selection Board for interview by the respondent No. 1 in terms of letters dated 13th April, 1988 and 1st May, 1988 which he complied with. However, the name of the petitioner was not empanelled by the Board of the said dealer^ ship. The petitioner filed a representation before the Chairman of the respondentNo. 1....
Tag this Judgment!Tarun Chakraborty Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-16-1995
Reported in: (1995)2CALLT309(HC)
Satya Brata Sinha, J.1. In this writ application the petitioner has, inter alia, prayed for issuarce of a writ of mandamus directing the respondents to give employment to him on compassionate ground.2. The fact of the matter shortly stated is as follows :-The petitioner's father who was an employee of the respondent Board died on 11.3.1992.It is admitted that there existed a policy decision adopted toy the said respondent that in case of death in harness, a dependent of the deceased employee would be provided with a job. However the Respondent-Board issued a circular letter dated 30.4.92 whereby and whereunder a scheme has been introduced for grant of one time financial benefit to the claimant in lieu of employment. The said scheme has been given retrospective effect and rectroactive operation with effect from 1.4.1990.3. The only question which, therefore, arises for consideration in the instant application is as to whether the said scheme can be given retrospective effect.4. Mr. Bajp...
Tag this Judgment!Thakur Majhi and anr. Vs. Chairman-cum-managing Director, Eastern Coal ...
Court: Kolkata
Decided on: Feb-14-1995
Reported in: (1996)IIILLJ95Cal
Satyabrata Sinha, J.1. The petitioners in this application, have questioned an order of termination of service passed by Eastern Coalfields Limited; The petitioner No. 1 is a workman. His remedy, therefore, in my opinion, is to raise an industrial dispute under the provisions of the Industrial Disputes Act.2. Mr. Ghosh appearing on behalf of the petitioners submits that existence of an alternative remedy only would not preclude this Court from exercising its jurisdiction under Article 226 of the Constitution of India if it can be shown that the impugned order suffers from non-compliance with the principles of natural justice and/or lack of jurisdiction. Under the general law of master and servant no contract of personal service can be enforced. Three exceptions have been carved out namely - (i) when the petitioner enjoys a status and his service conditions are protected under Article 311 of the Constitution of India; (ii) if he is an employee of a statutory corporation, and an order of...
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