Kolkata Court June 1996 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.
Indian Airlines Limited and ors. Vs. Sankar Sengupta and ors.
Court: Kolkata
Decided on: Jun-13-1996
Reported in: (1996)2CALLT129(HC)
1. There will be an order in terms of prayer (a) by consent of parties we proceed to finally decide the appeal after dispensing with the paper book and all other formalities and treating the same as on the day's list.2. This appeal at the instance of Indian Airlines Limited and others is directed against the order and judgment of the learned Single Judge dated 30th April, 1996 whereby the learned Single Judge has quashed the decision taken by the appellant to withdraw the letter dated 25th November, 1994. The petitioner-respondent before us is Senior Traffic Superintendent in the Indian Airlines and is posted at Calcutta since the year 1991. It appears that certain matters in dispute were referred to the National Industrial Tribunal, Bombay for adjudication between Indian Airlines and its employees. Initially the petitioner-respondent claimed to be the President of the Union of employees which was not a party to the aforesaid adjudication. However, by an order dated 25th November, 1994...
Bijon Behari Bose and ors. Vs. Brij Mohan Arora and anr.
Court: Kolkata
Decided on: Jun-13-1996
Reported in: (1996)2CALLT460(HC)
Basudeva Panigrahi, J.1. This is an application Article 227 of the Constitution of India challenging the Judgment and/or Order dated 22nd March, 1988 passed by the Learned Chief Judge, Small Causes Court at Calcutta, in Rent Appeal No. 5/87 reversing the Judgment and/or Order dated 15th January, 1987 passed by the Learned Rent Controller, in Rent Control Case No. 7/1977. The facts of the case leading to this application are as follows:-2. That the opposite party No. 1 filed an application under Section 31 of the West Bengal Premises Tenancy Act, 1956 before the Learned Rent Controller, inter alia, praying for imposition of fine upon the petitioners and for a direction against them for restoration of immediate supply of filtered water to the tenanted premises of the opposite party No. 1. The landlord of the premises was arrayed as opposite party No. 4 and these petitioners as opposite parties 1 to 3 before the Rent Controller.3. The opposite party No. 1 is a monthly tenant under the opp...
Birbhum Zilla Parishad and ors. Vs. Nitya Hari Chatterjee and ors.
Court: Kolkata
Decided on: Jun-12-1996
Reported in: 100CWN752,[1997(75)FLR482],(1997)IIILLJ1293Cal
Satyabrata Sinha, J.1. This appeal is directed against a judgment and order dated July 15, 1994 passed by a Learned Single Judge of this Court whereby and where-under the said learned Judge disposed of the writ application filed by the writ petitioners directing the appellants to take steps to absorb them in an existing permanent vacancy commensurate with their qualification within one month from the date of communication of the order. According to the petitioners they had been appointed as daily rated casual workers and working continuously since 1983. The petitioners in the writ application have not annexed any copy of their appointment letter but annexed certain certificates. In one of the certificates it appears that Nitya Hari Chatterjee the writ petitioner was appointed in different departmental work of R.L.E.G.P and J.R.Y. section of the appellant. There does not exist any dispute that the writ petitioners had been working in various schemes, however there exists a dispute as to...
Santosh Kumar Banerjee Vs. Sm. Tanushree Mukherjee (Banerjee) and anr.
Court: Kolkata
Decided on: Jun-12-1996
Reported in: I(1997)DMC333
Surya Kumar Tiwari, J.1. This revisional petition has been filed against the order dated 20th September, 1995 passed by Sri. B. Bhattacharyya, learned Judicial Magistrate, 4th Court, Burdwan, in Misc. Case No. 450 of 1985.2. In brief, the facts of the case are that the Opposite Party No. 1 Sm. Tanushree Mukherjee is the lawfully married wife of me petitioner. The Opposite Party No. 1 filed an application for grant of maintenance. On 15.6.1985 the Opposite Party No. 1 filed an interlocutory application for grant of interim maintenance but the application was rejected by the learned Magistrate on 11.1.1986 on the ground that it was misconceived.3. On 2.8.1986 she filed another application for grant of interim maintenance but the same was not considered. Hence another application was filed on 22nd June,1992.4. The said application was rejected by the learned Magistrate on 14.4.1993 on the ground that ex-parte decree for divorce had already been passed by the learned Additional District Ju...
Santosh Kumar Banerjee Vs. Smt. Tanushree Mukherjee (Banerjee)
Court: Kolkata
Decided on: Jun-12-1996
Reported in: I(1997)DMC611
Surya Kumar Tiwari, J.1. This revisional petition has been filed against the order dated 20th September, 1995 passed by Shri B. Bhattacharyya, learned Judicial Magistrate, 4th Court, Burdwan, in Misc. Case No. 450 of 1985.2. In brief, the facts of the case are that the opposite party No. 1 Smt. Tanushree Mukherjee is the lawfully married wife of the petitioner. The opposite party No. 1 filed an application for grant of maintenance. On 15.6.1985 the opposite party No. 1 filed an interlocutory application for grant of interim maintenance but the application was rejected by the learned Magistrate on 11.1.1986 on the ground that it was misconceived.3. On 2.8.1986 she filed another application for grant of interim maintenance-but the same was not considered. Hence another application was filed on 22.6.1992.4. The said application was rejected by the learned Magistrate on 14.4.1993 on the ground that ex-parte decree for divorce had already been passed by the learned Additional District Judge...
Kanailal Mondal and ors. Vs. Bishu Chowdhury and ors.
Court: Kolkata
Decided on: Jun-12-1996
Reported in: (1996)2CALLT450(HC)
Basudeva Panigrahi, J.1. The defendants being aggrieved by and dissatisfied with the Judgment and decree dated 21st February and 3rd March, 1975 respectively passed by the learned District Judge, Malda in O.C. Appeal No. 19/74 affirming the judgment and decree dated 30th March and 26lh March, 1974 passed by the Munsif, 2nd Court, Malda have preferred the instant appeal. The facts of the case as set out in the judgments passed by the courts below briefly stated as follows:-2. The father of the respondents (hereinafter be referred to as plaintiff) Narendranath Chowdhury took settlement of the suit land at an annual rental of Rs. 2/- from the Zamindar Abul Hayat Khan Chowdhury and others, and erected structures on the suit land, morefully described in the schedule attached to the plaint. From then on, the plaintiffs father Narendranath Chowdhury started living in the suit house. He executed a registered a Kabuliyat in favour of the landlord on 27th Agrahayan, 1361 B.S. The erstwhile landl...
Sur D.K. Vs. Tata Iron and Steel Co. Ltd. and ors.
Court: Kolkata
Decided on: Jun-11-1996
Reported in: 100CWN1003,(1998)IIILLJ429Cal
D.P. Kundu, J. 1. The writ petitioner was appointed to the post of Assistant Superintendent for tool room in the TISCO Maintenance Shop, Adityapur complex under the Tata Iron and Steel Company Ltd. In paragraph 6 of the Writ petition it has been stated that one of the terms of letter of appointment was that the service of the Writ petitioner would be governed by the Standing Orders and the said Standing Orders had been framed under the Industrial' Employment (Standing Orders) Act, 1946 and the said Standing Orders had been duly certified by the certifying officer in accordance with the provisions contained in the aforesaid Act of 1946 and the rules framed thereunder. In paragraph 13 of the Writ petition the Writ petitioner stated that by and under Memo No. AC 2525 dated November 11, 1.983 the manager of TISCO, Adityapur Complex, recorded that the Writ petitioner joined the service on November 11, 1983. It is case of the Writ petitioner that the Writ petitioner was appointed to a perman...
S.M. Enterprises Pvt. Ltd. Vs. Sanpaolo Hambro Nicco Finance Ltd.
Court: Kolkata
Decided on: Jun-06-1996
Reported in: (1997)2CALLT60(HC),[1999]96CompCas691(Cal)
Shyamal Kumar Sen, J.1. There are two applications, one is an application for winding up for non-payment and the other is an application for stay under Section 34 of the Arbitration Act, 1940.2. The main question that arises for determination in the application is whether Section 34 of the Arbitration Act is applicable in winding up proceedings and whether stay should be granted in the facts and circumstances of the instant case.3. The facts on record, inter alia, are that on the terms and conditions more fully and particularly stated in an agreement of lease dated October 28, 1992, the petitioner granted a lease to the company of 864 C. T. C. Segment Rings (hereinafter referred to as the 'said equipment').4. The company acknowledged its liability to the petitioner and from time to time made payment of a sum of Rs. 5,46,545.42 to the petitioner.5. In spite of requests the company failed and neglected to make payment of the balance lease rentals. As on the date of institution of the win...
Seth Enterprise Pvt. Ltd. Vs. Commissioner of Customs
Court: Kolkata
Decided on: Jun-06-1996
Reported in: 1997(58)ECC10,1996(88)ELT652(Cal)
ORDERTarun Chatterjee, J.1. On a very technical point, I am of the view that the order passed by the adjudicating authority in the adjudication proceedings under Section 124 of the Customs Act should be liable to be set aside, although I am aware that the final order passed in the said proceedings is open to be challenged in appeal.2. It is not in dispute that on 15th November, 1995, a learned Single Judge of this Court disposed of a writ application, being Writ Petition No. 1971 of 1995, by passing the following order :'The petitioner shall file its reply to the writ application within 13-6-1995, as contained in Annexure 'D' to the writ application, within 3 weeks from date. The adjudicating authority shall fix a date of hearing on the date on which the petitioner files the reply by hand. In the event the petitioner falls to file the reply without any cogent reason, it would be open to the respondents to proceed ex parte against it.The adjudicating authority shall dispose of the matte...
The Chairman, Khardah Municipality and anr. Vs. Annapurna Bakery and a ...
Court: Kolkata
Decided on: Jun-05-1996
Reported in: (1997)1CALLT32(HC)
Satyabrata Sinha, J. 1. This appeal is directed against a judgment and order dated 26.9.95 passed by N.K. Batabyal, J. in C.O. No. 19502(W)/95 whereby and whereunder the said learned Court allowed the Writ application filed by the writ petitioner-respondent No. 1. 2. The respondents No. 1 is a proprietory concern. 3. One Smt. Minakshi Ghosh filed a writ application, inter alia, for issuance of a writ of or in the nature of mandamus directing the respondents to grant her an enlistment certificate in terms of the provision of West Bengal Municipal Act, 1993 (hereinafter referred to as 'the said Act'). According to the petitioner, she is a tenant in respect of premises No. 14, Rahara Bazar at Rahara, P.S. Khardah, District North 24-Parganas on a monthly rental of Rs. 400/- and had installed necessary machinery for manufacturing the bakery products. The said unit is a small-scale industrial unit. The petitioner applied for licence for manufacturing and selling articles of food and also for...
- ‹ Prev
- 1
- 2
- 4
- Next ›
- Last »