Kolkata Court December 1998 Judgments
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Susanta Paine Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-18-1998
Reported in: (1999)1CALLT350(HC)
M.H.S. Ansari, J.1. The instant writ application is filed seeking the substantive relief as under;'a) A writ in the nature of Mandamus directing the respondents authorities to approve the case of the petitioner for the appointment and to give appointment to the petitioner as primary teacher on compassionate ground under the District Primary School Council, Mldnapore.'2. It is the case of the petitioner that his father died on 29.4.81 leaving behind him his widow, two minor sons Including the petitioner and one daughter in extreme helpless state and distress condition. The petitioner was then mere child of 6 to 7 years. The petitioner's father was at that time in service as an Assistant Primary Teacher of Gumal Sitala Primary Schools within the District of Mldnapore.3. The petitioner alter having obtained the qualification of Madhyamik pass made an application before the Chairman, Adhoc Committee, Midnapore praying for appointment as an assistant teacher in a primary school on compassio...
Commissioner of Income-tax Vs. Howrah Flour Mills Ltd.
Court: Kolkata
Decided on: Dec-17-1998
Reported in: [1999]236ITR156(Cal)
ORDER PASSED UNDER S. 263 BY COMMISSION--Tribunal whether can justify order under s. 263 on grounds other than those mentioned by CommissionerRatio :Appellate Tribunal cannot justify order passed under section 263 on grounds other than those mentioned by Commissioner in his order. Held :An assessee by filing an appeal from an adverse order under section 263, does not cause a reopening of his assessment order wholesale and in all respects. All that the assessee does is that it challenges the order of revision passed under section 263, which means the assessee challenges the ground on which the Commissioner has opined the Income Tax Officer's order to be erroneous (in law). In the instant case, the debt having become barred a long-time ago was never a matter on which the Commissioner had passed any revising order under section 263. The Tribunal did not enter into this question in this form either. Case Law Analysis :CIT v. Jagadhari Electric Supply and Industrial Co. (1983) 140 ITR 490 (...
Salil Kumar Roy Vs. Smt. Badu Devi Bhansali and ors.
Court: Kolkata
Decided on: Dec-16-1998
Reported in: AIR1999Cal270
Barin Ghosh, J.1. In the suit the plaintiff seeks vacant and peaceful possession of flat No. 4 on the 1st floor of premises No. 2, Old Mayor's Court, Calcutta on the ground that the original defendant, Champalal Bhansali, came to possess the property in question under a lease dated 19th September, 1959 for a term of 21 years commencing from 1st October, 1959, but despite the said lease coming to an end by efflux of time the original defendant continued to possess the same.2. In the plaint it has been alleged that one Kanailal Dey and one Kalachand Roy, the then trustees appointed under a Deed of Trust dated 11th May, 1957, granted the said lease. It was then contended in paragraphs 2 and 3 of the plaint as follows :'The said Kanailal Dey and Kalachand Roy were discharged from further acting as trustees of the trust estate and by a decree of this Hon'ble Court in Suit No. 353 of 1974 (Srimati Karabi Roy v. Salil K. Roy) the entirety of the said premises No. 2, Old Mayor's Court, Calcutt...
Khirod Mondal Vs. Narayan Mondal
Court: Kolkata
Decided on: Dec-15-1998
Reported in: (1999)1CALLT379(HC)
V.K. Gupta, J.1. Judgment and decree 1st September. 1995 passed by the learned senior subordinate Judge at Port Blair in Title Suit No. 6 of 1991 came up for consideration before the learned District Judge, Port Blalr in Civil First Appeal. Upon hearing the learned advocates for the parties and on consideration of various points involved, learned District Judge vide Judgment under appeal dated 28th November 1997. after setting aside the judgment and decree of the learned trial court and by allowing the Civil First Appeal, sent back the suit on open remand for trial afresh. It is against this judgment that the present appeal has been filed by the appellant who was the defendant in Title Suit No. 6 of 1991.2. The respondent in the appeal has been duly served. Affidavit of service was also filed. Today also a fresh affidavit of the service has been filed whereby it is indicated that the respondent was sent notice under registered post with acknowledgement due card and uptil date, the same...
Sri Prabuddha Roy Vs. Punjab National Bank and ors.
Court: Kolkata
Decided on: Dec-15-1998
Reported in: (1999)1CALLT472(HC),[1999(82)FLR887]
K.J. Sengupta, J.1. This petitioner herein has the impugned order of removal dated 5th December, 1988 and the order of the Appellate Authority dated 17th December, 1988 confirming the order of removal and also the report of the Enquiry Officer which is the basis of passing Impugned two aforesaid orders. The fact of the writ petition emerges in sum and substance as follows:--2. The writ petitioner was serving as a Manager of the erstwhile Hindustan Commercial Bank Limited and he lastly served so in the saidcapacity till 28th November, 1985. On 28th November, 1985 the writpetitioner was posted at the Netajl Subhas Road Branch of'the erstwhileHindustan Commercial Bank Limited (in short H.C.B. Ltd.) as 'A' ClassBranch Manager. The characteristic of describing 'A' Class Branch Manageris that the Officer and/or Branch Manager is given a special status byexecuting a general power of attorney doing all things necessary on behalfof the Bank. By an order dated 28th November, 1985 being annexure ...
Bank of India Vs. Oficial Liquidator and ors.
Court: Kolkata
Decided on: Dec-14-1998
Reported in: (1999)1CALLT322(HC)
R. Pal, J. 1. Shree Bajrang Electric Steel Company Private Limited (referred to as the Company) was a sick industrial company under the Sick Industrial Company (Special Provisions) Act, 1985. On 7th September, 1992 the Board of Industrial Finance & Reconstruction (referred to as BIFR) having considered the facts, came to the conclusion that it was Just and equitable that the company should be wound up. Its decision was sent to the High Court under section 20 of the 1985 Act. An appeal was preferred before th appellate authority for Industrial Finance & Reconstruction, New Delhi (referred to as the AAIFR). The AAIFR dismissed the appeal and forwarded its recommendation to the Calcutta High Court by the order dated 4th February, 1994 confirming the order of the BIFR. The special leave petition filed was dismissed by the Supreme Court on 21st April, 1994 but leave was given to the parties to raise all Issues as were available to them before the High Court.2. A writ application was also fi...
Ashoke Saha Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-10-1998
Reported in: (1999)1CALLT226(HC)
M.H.S. Ansari J.1. The petitioner in the instant case is the guardian of student. It is the case of the petitioner that his daughter was admitted in Higher Secondary Course in Class XI in Science stream of Baidyabatt Charushlla Bose Balika Vidyalaya. She has been promoted to Class XII and at present she is studying in that class. The petitioner states that after being promoted to Class XII, the school authorities sent the application of thepetitioner's daugher for registration to the West Bengal Council of Higher Secondary Education. On coming to know that the registration has been refused by the Council, the present writ application has been filed.2. According to the petitioner, there is no scope for refusal of registration. The respondent authorities, it is stated, are bound to register the petitioner's daughter for appearing in the Higher Secondary Examination.3. It is further submitted that the petitioner's daugher passed secondary examination in 2nd Division having a total marks o...
Sukdev Sutradhar Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-10-1998
Reported in: (1999)2CALLT129(HC)
1. The facts leading to the filing of the writ petition are that the petitioner who is having the qualifications of B.A. Hons. in History, M.A. in Historyand also B.Ed, was sponsored by the Employment Exchange for filling up the post of Assistant Teacher in History. The interview for the said post was held on 6.9.95.2. The respondent No. 8 it is stated was illegally sponsored by the Employment Exchange inasmuch as, at the relevant time his degree of M.A. in Modern History was not recorded with the Employment Exchange and only the qualification of M.A. in Ancient Indian History, Culture and Archaeology was recorded.3. Seventeen (17) candidates participated in the interview (those names were sent by the Employment Exchange). The Selection Committee prepared a panel of three candidates which was approved by the Managing Committee and sent to the District Inspector of Schools (SE), Birbhum on 10.10.96 for approval. The respondent No. 8 being unsuccessful in the interview filed a writ petit...
Smt. Kanta Devi Agarwal and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-08-1998
Reported in: (1999)1CALLT345(HC)
N.K. Mitra, J. 1. The short point involved in this Civil Order is, whether the State Government could refuse to mutat the name of the writ petitioners who were the legatees under the Will executed by the original lessee Shri Anil Kumar Bhattacharjee in respect of a plot of land in the Bidhannagar, Salt Lake City, and which was duly probated.2. In short, the facts of this case as stated in the writ application, Inter alia, are that one Shri Anil kumar Bhattacharjee, since deceased, was granted a lease in respect of Plot No. 147, measuring about 5.4344 Kathas. In Block-EC, in Sector-1 of Bidhannagar. Salt Lake City for 999 years by the Government of West Bengal. The lease was duly accepted and registered on 6th of March, 1986 and the lessee duly got possession of the above lease hold property and was all long in possession and occupation thereof. The said leasee knew the writ petitioners from their childhood who were like his family members. The writ petitioners used to respect the said ...
Ajit Kumar Moitra Alias Dilip Sen and ors. Vs. Dilip Kumar Sen and anr ...
Court: Kolkata
Decided on: Dec-08-1998
Reported in: (1999)3CALLT103(HC)
K.J. Sengupta, J.1. This appeal is directed against the order No.4 dated 18th of December, 1996 passed by the learned judge. 3rd Bench, City Civil Court at Calcutta in Title Suit No. 3660 of 1996, granting an ad interim injunction in favour of the respondent No. 1 restraining the appellants from evicting him from the suit premises till disposal of the injunction application.2. In short, the facts of the case infer alia, are that the appellants are the owners of premises No. 30, Creeck Row, Calcutta-14. The respondent No. 2 was the licensee in respect of 7 rooms on the first floor of the suit premises with clear understanding that he would vacate the suit premises as and when demanded by the owners. Since, in spite of repeated demands, the licensee did not vacate the suit premises, the appellants along with their mother Sudhanghshudebi Moitra. since deceased, filed SCC Suit No. 2766 of 1982 under section 41 of the Presidency Small Cause Courts Act for eviction of the said licensee namel...
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