Kolkata Court March 1996 Judgments
Indian Airlines Ltd. and ors. Vs. Amarnath Halder and ors.
Court: Kolkata
Decided on: Mar-26-1996
Reported in: (1996)2CALLT261(HC)
Satyabrata Sinha, J.1. This appeal is directed against a judgment and order passed by a learned Single judge of this court dated 19-4-94, whereby and whereunder the writ petition filed by the writ petitioner/respondent No. 1 questioning an order of termination of service dated 7.8.91 was said aside and the writ petitioner/respondent No. 1 was directed to be reinstated with full back wages.2. The fact of the matter lies in a very narrow compass.3. The writ petitioner/respondent No. 1, at the material time was posted as Station Manager at Tejpur, Assam, on or about 1/7 July, 1987, a charge sheet was issued as against the writ petitioner. The said charge-sheetIs contained in Annexure 'B' to the writ application, charge Nos. 2 and '4 whereof read thus :'2. That you. have paid Rs. 700/- to the same party i.e. M/s Trade Land for off loading a Boeing Pax. Step from a truck which came from Guwahatl (Ref. 1CV-596 dt. 14.3.86) and made another payment of Rs. 400/- to the same party, i.e. M/s. Tr...
Tag this Judgment!Nu-stores (P.) Ltd. Vs. Assistant Commissioner of
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Mar-25-1996
Reported in: (1996)59ITD150(Kol.)
1. As all the five appeals involve common issues so far the sake of convenience we are taking them up altogether to be disposed of by this consolidated order it may also be noted that W. T. A. No. 51 (Cal.) of 1993 is an appeal by the assessee and pertains to the assessment year 1988-89, whereas the rest of the four appeals [being Nos. 62 to 65 (Cal.) of 1993] are preferred by the department and they pertain to the assessment years 1984-85 to 1987-88. All the above five appeals have been preferred against the common order of the CWT (A) dated 12-8-1992.2. The above four departmental appeals have been field by delay of one day. Application for the condonation of the said delay has been field by he department. After hearing both the parties and considering the facts and circumstances of the case, the said delay is hereby condoned and the appeals are admitted.3. Shortly stated relevant facts leading to these appeals are that the assessee-company is in occupation of an immovable property ...
Tag this Judgment!Smt. Nilima Bose Vs. Santosh Kumar Ghosh
Court: Kolkata
Decided on: Mar-25-1996
Reported in: AIR1997Cal202
ORDER1. The revisional application is directed against thejudgrnent dated 1-4-1993 passed by the learned Additional District Judge, 2nd Court at Barasat, 24-Parganas (North) in Misc. Appeal No. 137 of 1992 affirming the order No. 77 dated 26th March, 1992 passed by the learned Munsif, 1st Court, Barasat, Dist. North 24-Paraganas in Title Suit No. 34 of 1987 in respect of return of the plaint to the filing lawyer due to lack of pecuniary jurisdiction of the said Court.2. The aforesaid Title Suit No. 34 of 1987 was filed by the petitioner against the opposite party for recovery of possession in respect of 'A' schedule property of the plaint alleging, inter alia, that the petitioner purchased the property and was constructing/renovating a Cinema Hall there by spending more than 4 lakhs of rupees when the opposite party dispossessed the petitioner from the suit property by falsely claiming title thereto on the basis of certain deeds of release executed by the petitioner in favour of the op...
Tag this Judgment!Rejeshwar Mahato Vs. the Eighth Industrial Tribunal, West Bengal
Court: Kolkata
Decided on: Mar-22-1996
Reported in: (1998)1CALLT297(HC),[1998(79)FLR406],(1998)IIILLJ777Cal
S.K. Sen, J.1. In the instant writ application, the petitioner has challenged an Award passed by the industrial Tribunal (torn) dated 22nd November, 1991 wherein the Tribunal has (torn) a finding that the petitioner was mainly employed (torn) managerial or administrative capacity and was not (torn) workman and as such the Government order of reference (torn) not maintainable in law.2. It is the contention of the petitioner that the finding of the Tribunal is not sustainable in law and the Tribunal committed an apparent error in making the aforesaid finding.3. The case of the petitioner is that the petitioner was appointed as a Report Clerk on 4th December, 1974 by M/s. Birla Jute industries Ltd, respondent No.3 (hereinafter referred to as the said Company) in its Bailey Jute Mills, Unit in the section (Broad Loom) on a salary of Rs. 325/-permonth.4. It has also been alleged in the petition that the petitioner was not given any letter of appointment at the time of his appointment or the...
Tag this Judgment!Swapratik Mukherjee Vs. Third Industrial Tribunal and ors.
Court: Kolkata
Decided on: Mar-22-1996
Reported in: (1996)2CALLT427(HC),[1997(75)FLR429],(1997)IIILLJ847Cal
Shyamal Kumar Sen, J.1. In the instant application the writ petitioner has challenged the award dated November 11, 1991 passed by Third Industrial Tribunal, Calcutta upon a reference under Section 10 of the Industrial Disputes Act.2. The facts involved in this writ petition inter alia are that the petitioner was appointed as a Peon under West Bengal State Electricity Board. The petitioner was suspended on August 5, 1980 and ultimately a departmental proceeding was initiated against the petitioner for alleged rude and disorderly behaviour insolence shown to Superior and for committing breach of discipline. The charge sheet was issued on August 5, 1980. A departmental enquiry was held.3. During the pendency of the Disciplinary proceeding an industrial dispute was pending before the 8th Industrial Tribunal. After the enquiry proceeding second show-cause notice was issued. Thereafter final order was passed on December 23, 1980 in the disciplinary proceeding dismissing the petitioner from s...
Tag this Judgment!Kishamat Adabari High School Vs. Sri Bikash Chandra Roy
Court: Kolkata
Decided on: Mar-22-1996
Reported in: (1996)2CALLT170(HC)
Basudeva Panigrahi, J.1. The petitioners having been unsuccessful in the Court of the District Judge, Cooch Behar in Misc. Appeal No. 6/94 and also in the Court of Munsif, Dinhata: in T.S. No. 88/94 by an order of injunction have preferred this revisional application.2. The opposite party No. 1 has instituted a suit challenging the recruitment procedure for appointment of an Assistant Teacher in Kishamat Adabari High School (hereinafter referred to as the School) in T.S. No. 88/94 before the Court of Munsif, Dinhata. It is Inter alia stated in the suit that the District Inspector (South East Cooch Behar) granted permission for appointment of an Assistant Teacher in Science at the aforementioned Institution. The School authority pursuant to the permission granted by the District Inspector of School addressed a letter to Dinhata Employment Exchange for sponsoring the name of the candidates for selection to the said post. The local Exchange is said to have sponsored 11 candidates includin...
Tag this Judgment!In Re: Sm. Puspa Soni
Court: Kolkata
Decided on: Mar-22-1996
Reported in: 1996CriLJ2801
ORDER1. This application for Writ of Habeas Corpus has been filed by one Sm. Puspa Soni, wife of the detenu Sri Murari Lal Soni who had been detained under the provisions of Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, in terms of an order of detention dated 1-11 -95 issued by the Joint Secretary to the Government of India, as contained in Annexure 'A' to the writ application.2. According to the petitioner, the detenu had read up to Class II and does not know English. The authorities appear to have also accepted the said fact and along with the documents relied upon in the order of detention Hind translation thereof had been served upon the detenu. In the writ application, the petitioner has raised various contentions, but keeping in view the facts and circumstances of this case, we are of the opinion that this writ application can be disposed of only on one ground.3. It is admitted that the detenu was served with the grounds of detention in Hindi ...
Tag this Judgment!Pashupati Haldar Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-21-1996
Reported in: (1996)1CALLT448(HC)
Rabin Bhattacharyya, J.1. This appeal is directed against an order passed by the learned Trial Judge dated 25.11.96, in connection with the tw,o Civil Rules being C. R. Nos. 8089(W) of 1982 and 11115(W) of 1980 respectively. By a common judgment, the learned Trial Judge disposed of the Rules, upholding the dismissal order of the petitioner which became the battle ground in this litigation when this appeal has been preferred for reversal of the order of dismissal.2. However, to get a grip to the core controversy behind the dismissal, the case of the appellant can be get out in few wards, who is writhing In agony.3. The petitioner was inducted in the office of the Collector of 24paraganas as a peon in the year 1948, by the Collector of the District. In view of his unbecoming conduct, the District Magistrate triggered off a departmental proceeding against the petitioner within the realm of Rule 10 of the West Bengal Services (Classification, Control and Appeal) Rules, 1971, by the reason ...
Tag this Judgment!Smt. Lilabati Dash Vs. Shyama Pada Nath
Court: Kolkata
Decided on: Mar-21-1996
Reported in: (1996)1CALLT477(HC)
Basudeva Panigrahi, J.1. The plaintiff field this appeal against the reversing judgment and decree passed by the Additional District Judge at Allipore in Title Appeal No, 1033 of 1980 remanding the Title suit 39 of 1977 to the 3rd Court of Additional Munsif at Alipore for fresh disposal in accordance with law.2. The appellant Lilabati Dasi, who was the plaintiff in the Trial Court filed the suit for ejectment against the respondent and for mesne profits In Title Suit No. 39 of 1977. It is alleged, inter alia, that the tenancy was terminated by a notice dated 29.5.74 through her lawyer Mr. Arjun Sanyal calling upon the defendant/respondent to quit and vacate the premises on the expiry of the month of July, 1974. The notice was sent by registered post with Acknowledgment Due to the defendant's residential address as well as to his office address. The defendant is said to have refused both the registered letters and those were returned with the postal endorsement as 'not claimed' and 'ref...
Tag this Judgment!Anwarul Islam Vs. the State of West Bengal
Court: Kolkata
Decided on: Mar-21-1996
Reported in: (1996)2CALLT19(HC)
Asish Baran Mukherjee, J.1. The revisional application has been filed to quash the proceeding being Karaya P.S. Case No. 218 dated 20.9.95 (C.G.R. 3128/95) pending before the Learned Chief Judicial Magistrate, Alipore and arising out of a petition of complaint being C-1297 of 1995 which was sent to the P.S. concerned under Section 156(3) Cr.P.C.2. The case of the accused petitioner is that the complaint being O.P.No. 2 is the senior partner of M/s. Islam & Associates, Calcutta, the other partners being accused No. 1 & 2 by virtue of a partnership deed dated 1.4.88. It has been alleged that the said firm received a contract from M/s. Larsen & Toubro Ltd. for work of a chimney at Tenughat Thermal Power Station, Giridi. Pursuant to the discussion dated 16.1.93, the partners of the said firm placed a number of orders for supply of various materials on different manufacturers and engaged M/s. United Engineering Works of Begusarai at Bihar as subcontractor to look after the labour part of th...
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