Kolkata Court March 1998 Judgments
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Shaymal Baran Saha Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-04-1998
Reported in: 2001ACJ1279,AIR1998Cal203
ORDERRonojit Kumar Mitra, J.1. In the late hours of the evening, on December 15, 1969, a sixteen year old boy, a cricket enthusiast stood in the queue, with thousands of other cricket lovers, eager to purchase a ticket on the following morning, on December 16, 1969 to witness the 4th Test Mateh, later on that date to be played at the Eden Garden Stadium in Calcutta. The Cricket Association of Bengal, referred to as the 'C.A.B.' hereinbelow, had set up counters for the sale of tickets on the portion of the Eden Gardens facing Auckland Road adjacent to the northern gates of the Akash-Bani-Bhavan, and in front of the southern gates of the Assembly-House. Anyone who has seen these queues, would know that they were more often than not an unending stream of cricket lovers, from divers walks of the society and of all ages, ready to suffer any amount of hardship to obtain a ticket. The queue had increased in length over the night and with the day-break there was a sudden arrival of very large ...
Union of India and anr. Vs. Smt. Sipra Moitra and anr.
Court: Kolkata
Decided on: Mar-03-1998
Reported in: (1998)2CALLT125(HC)
B. Panigrahi, J. 1. This appeal is directed against the reversing judgment and decree passed by the Assistant District Judge, Sealdah in title appeal 145 of 1990 by which the plaintiff Suit in Title Suit No. 618 of 1986 has been decreed.2. Plaintiff/respondent No. 1 has filed the suit for declaration and permanent injunction of her status as the legally married wife of the deceased Biplab Kumar Moitra and for mandatory injunction directing the appellant to give her suitable job under rehabilitation scheme.3. The deceased Biplab Kumar Moitra was an employee in the Post and Telegraph Department and had worked as wlreman (Planning Branch) under Calcutta Telephones. At the time of his death he was attached with Exchange No. 52 at B.T. Road. He married to the respondent No. 1 according to Hindu Rites on 31st January, 1983 and thereafter they lived as husband and wife. After working for sometime the respondent/plaintiffs husband left for Joypore to bring back his belongings which he had left...
Steel Authority of India Ltd. Vs. Bela Ghosh and ors.
Court: Kolkata
Decided on: Mar-03-1998
Reported in: (1999)IIILLJ944Cal
Satyabrata Sinha, J. 1. This appeal is directed against a judgment and order dated June 11, 1997 passed in C.O. No. 8575 (W)/96 whereby and where under the writ application filed by the petitioner had been allowed.2. The fact of the matter lies in a very narrow compass.3. The petitioner was appointed as Junior Teacher in the Education Department of the Durgapur Steel Plant by a letter dated March 9, 1964. The petitioner's grievance was that she had not been promoted as a Head Teacher to which she was entitled to. She was charge-sheeted in terms of a letter dated November 22, 1993 and was also placed under suspension. The said letter is contained in Annexure 'C' to the writ application. By a letter dated November 22, 1993 the petitioner was informed that she had committed the following misconduct :'You are therefore charged with having committed the following acts of misconduct.i) Negligence of duty. (Clause-5(ii) of Discipline and Appeal Rules of the Company).ii) Habitual indiscipline ...
N.T.P. Corporation Ltd. Vs. Regional Provident Fund Commissioner and a ...
Court: Kolkata
Decided on: Mar-03-1998
Reported in: (1999)IILLJ330Cal
B.P. Banerjee and R.K. Mitra, JJ. 1. The National Thermal Power Corporation Limited filed a writ application being aggrieved by an order dated January 10, 1996 fixing the liability to pay and to deposit a sum of Rs. 4,31,82,834.60p. On account of certain employees of the contractor, who, it is stated, was appointed by the National Thermal Power Corporation Limited not for the purpose of generation of electricity but for the purpose of doing some other works in the Township. At this stage we are not concerned with this point as it appears to us that the question that requires to be considered on the basis of records and documents was that whether the Corporation had employed the workers by themselves or through a contractor or in connection with the work of the establishment and that for this purpose it is necessary on the part of the provident fund authorities to get the particulars of the workers or employees employed by the contractor. In the instant case, it appears that on the basi...
Life Insurance Corporation of India Vs. Tufan Mondal
Court: Kolkata
Decided on: Mar-02-1998
Reported in: 2000ACJ1441,(1998)3CALLT420(HC)
N.K. Mitra, J. 1. This Second Appeal is at the instance of the defendant/ appellant/Life Insurance Corporation of India (hereinafter referred to as 'L.I.C.'] and has been preferred against the judgment and decree of the lower appellate court dated 13th August, 1976 passed in Money Appeal No. 9 of 1975 reversing those dated 10th September, 1976 passed by the learned lOthe subordinate Judge, Nadia in Money Suit No.8 of 1973.2. Shorn off all details, the facts of this Second Appeal inter alia, are that the respondent as plaintiff filed Money Suit No.8 of 1973 in the 10th Court of the leanred subordinate judge, Nadla, against the defendant/appellant for recovery of Rs, 10,000 inter alia, alleginig that one Mohd. Monoruddin Sk. took out a Life Insurance Policy worth Rs. 10.000 from the L.I.C. and the age of the assured was approved and accepted before the policy was issued.There was medical examination of the assured before the issuance of the policy and at the time of the policy, the age o...
Amal Krishna Aditya Vs. Ganesh Chandra Das
Court: Kolkata
Decided on: Mar-02-1998
Reported in: AIR1998Cal221
N.K. Mitra, J.1. This appeal has been preferred by the defendant/appellant against the judgment and decree dated 13th February, 1985, passed in favour of the plaintiff/respondent by the learned Judge, VIII Bench, City Civil Court at Calcutta, in Ejectment Suit No. 2 of 1976.2. The plaintiff/respondent filed Ejectment Suit No. 2 of 1976 in the City Civil Court at Calcutta against the defendant/appellant for his eviction from one room on the first floor and one room and a kitchen on the second floor of the premises No. 33/C, Haralal Das Lane, Calcutta-700 006, (hereinafter referred to as the 'suitpremises') inter alia, on the ground of reasonable requirement.3. The case as made out by the plaintiff/ respondent in the plaint inter alia, was that the plaintiff/respondent was the owner of the suit premises and the defendant/appellant was a monthly tenant under him in respect of one room on the first floor and one room and a kitchen on the second floor at a rental of Rs. 20/- per month payab...
Shri Digambar JaIn Naya Mandir Vs. Assistant Director of Income Tax
Court: Kolkata
Decided on: Mar-02-1998
Reported in: [2000]70ITD121(Cal)
ORDERDr. S. Chandra, J.M.These are the four appeals filed by the assessee against the common order dated 29-6-93 passed by the Deputy Commissioner (Appeals) for the assessment years 1980-81, 1981-82, 1982-83 and 1983-84 respectively. All the four appeals have the identical issues and, therefore, for the sake of convenience, they are disposed of by this consolidated order.2. The brief facts of the case are that the assessee is a religious institution and receiving donations /voluntary contributions from the devotees. For this purpose, the assessee kept two Goloks (Boxes); one for 'corpus donation' and another for 'non-Corpus donation' in the premises of the temple.3. The main grievance of the assessee is that the authorities below have not allowed 'corpus' donation received from the different donors. The original assessments were challenged by the department before theTribunal who allowed the appeal for statistical purposes and set aside the assessments for determination by the assessin...
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