Kolkata Court April 1998 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.
Central Inland Water Transport Corporation Limited Vs. First Labour Co ...
Court: Kolkata
Decided on: Apr-20-1998
Reported in: (1998)3CALLT332(HC)
D.P. Kundu, J.1. In this writ application the petitioner hereinafter referred to as the Company has challenged the Award dated 6.6.1987 passed by the First Labour Court, West Bengal in Case No. V11I-C/60/79.2. It appears that Government of West Bengal. Labour Department by a reference dated 5th July, 1979 referred the following issue for adjudication to the First Labour Court. West Bengal.'ISSUE Whether the dismissal of Sri Jiten Pandit w.e.f. 9.12.77 is justified? To what relief, if any, is he entitled?' It appears that by order No. 71. dated 22.4.86 the First Labour Court held that the domestic enquiry held against respondent No.3 (hereinafter referred to as the workman) was proper and fair and the enquiry was held to be valid by the Labour Court.3. In Delhi Cloth and General Mills Co. Ltd. V. Ludh Budh Singh reported in 1972(1) LLJ 180. Supreme Court laid down the principles to be followed by the Labour Courts and Tribunals constituted under industrial Disputes Ac(, 1947 in connect...
Union of India (Uoi) and ors. Vs. Adhir Ranjan Pal
Court: Kolkata
Decided on: Apr-20-1998
Reported in: (1999)IIILLJ897Cal
Tarun Chatterjee, J.1. The aforesaid two appeals have been preferred against the judgment and order of a learned Judge of this Court passed in a writ petition which was registered as C.O. No. 8649 (W) 1995.2. By the judgment under appeal the learned Judge has set aside an order of compulsory retirement of the writ petitioner made by the Senior Security Commissioner on May 9, 1995 which was Annexure B to the writ petition. However, the learned Judge directed that the period since the date of making the order of compulsory retirement till the date of passing the judgment under appeal shall be treated as extraordinary leave without pay. Against the adverse findings made by the learned Judge against the writ petitioner, in the judgment under appeal, the writ petitioner has also preferred an appeal being F.M.A.T. 881 of 1996. As the two appeals have been preferred against the self-same decision of the learned Judge, they were heard analogously.3. Having heard the learned counsel for the par...
Chairman, Ad-hoc Committee Vs. Swaraj Kumar Paul and ors.
Court: Kolkata
Decided on: Apr-17-1998
Reported in: (1998)3CALLT94(HC)
S.B. Sinha, J.1. This appeal is directed against the judgment and order dated 6.6.90 and order dated 7.1.97 whereby and whereunder the writ petition filed by the writ petitioners was allowed and the same benefit has been extended to the added respondents and has also been directed to give appointment to the writ petitioners and the added respondents. The admitted fact of the matter is that a panel was prepared in the year 1981. The writ petitioners and the added respondents are said to have been empanelled as no appointment was given to them from the said panel for a long time. They filed a writ petition in the year 1988 praying, inter alia, for the following reliefs:--(a) A writ of or in the nature of Mandamus commending the respondents and their men and agents to forbear from giving any or further effect to the purported order as memo No.17 Edn. (P)/55-5-85 dated 10.1.1985 issued by the Respondent No. 1 and Memo No. 23 (120)/ RE. dated 1.2.85 issued by the District Inspector of Schoo...
Commissioner of Income-tax, West Bengal-ii Vs. M/S. Shekhawati Rajputa ...
Court: Kolkata
Decided on: Apr-17-1998
Reported in: (1998)3CALLT464(HC),[1999]236ITR950(Cal)
S.K. Sen, J.1. In the instant reference under section 256(2) of income-tax Act. 1964 the three questions raised at the instance of the Reason for consideration are as follows:1. Whether, on the facts and circumstances of the case the finding of the Tribunal that the transactions of sales of shares of two companies viz.. (a) The General Fibre Dealers Ltd. (b) Bhagatpur Tea Co. with Shri R.L. Kanoria, Chairman of the assessee company had been proved and were done as an act or prudency, was based on no evidence or partly relevant or partly irrelevant evidence and is otherwise perverse and arbitrary? 2. Whether on the facts and in the circumstances of the case the findings of the Tribunal that the Revenue failed to establish its case of false sale transaction of shares of Jokai India Ltd. to Shri R.L.Kanoria, Chairman of the assessee company and had objected the share loss on surmise and conjectures, was based on no evidence or partly relevant or parity irrelevant evidence and is otherwise...
Peerless General Finance and Investment Co. Ltd. Vs. Deputy Commission ...
Court: Kolkata
Decided on: Apr-16-1998
Reported in: (1999)156CTR(Cal)512,[1998]234ITR481(Cal)
Kalyan Jyoti Sengupta, J.1. By consent of the parties this writ application is treated as a new application. The respondents shall file affida-vit-in-opposition by May 14, 1998, reply by June 8, 1998. The matter will appear in the list on the top before the appropriate Bench on June 11, 1998. Since the vires of Section 142(2A) of the Income-tax Act, 1961, have been challenged in this petition, a notice together with a copy of the petition shall be served upon the learned Attorney-General of India by the learned advocate on record for the writ petitioner and shall file affidavit of service at the time of hearing. 2. In the meantime, there will be an order in terms of prayer (f) of the petition. This interim order will continue till June 18, 1998, or until further order, whichever is earlier. The interim order is passed for the following reasons :In my prima facie view the impugned order which is sought to be challenged asking the writ petitioner to get its accounts audited in terms of t...
Dr. Ajoy Kr. Sen Vs. Smt. Bhaswati Sen
Court: Kolkata
Decided on: Apr-07-1998
Reported in: (1998)2CALLT36(HC),I(1999)DMC117
S. Narayan, J.1. By the impugned order dated August 25, 1995, the learned Judge, 4th Bench, City Civil Court. Calcutta refused the prayer of the plaintiff-petitioner to transfer the pending Matrimonial Suit No. 107 of 1990 to the Family Court since established in the City at Calcutta under the Family Courts Act, 1984 and, hence was an application under Article 227 of the Constitution of india filed before this court . 2. The contextual facts are that some time before the establishment of the Family Court in the City of Calcutta under the Family Courts Act, 1984, vide Notification No. 15265 dated 25 August. 1994 issued by the Government of West Bengal, there was a Matrimonial Suit No. 107 of 1990 instituted by the petitioner-husband praying for a decree of divorce under section 13 of the Hindu Marriage Act, 1956 against the respondent-wife filed in the court of Additional District Judge. Burdwan at Asansol. There is no dispute raised to the hard fact that the court of Additional Distric...
Amal Chakroborty Vs. V.S. Lall and anr.
Court: Kolkata
Decided on: Apr-07-1998
Reported in: (1998)2CALLT257(HC)
S. Narayan, J. 1. The instant revisional petition relates to the matter of temporary injunction in Title Suit No. 55 of 1997 of the Court of Civil Judge, Senior Branch, at Bankura, wherein the learned trial court did allow an application under Order 39 Rules 1 and 2 read with section 151 of the CPC and directed both the parties to maintain the status quo in respect of the plaintiff-Executive Committee and its functioning till the disposal of the suit, but subsequently, the said order was set aside by the impugned order dated 16.12.97 of the Appellate Court i.e. Additional District Judge, 1st Court, Bankura. Soon after the institution of this revision, the parties were again directed to maintain the status quo pending hearing before this court.2. Be it recorded as a backdrop that the Church of North India has got its own Constitution and guiding policies with bye-laws. It operates through its Synod Dioceses and Pastorates and it functions through its Executive Committee with its Head Of...
Howrah Improvement Trust and ors. Vs. Sanjit Dutta
Court: Kolkata
Decided on: Apr-07-1998
Reported in: (1998)2CALLT302(HC)
S. B. Sinha, J. 1. This appeal is directed against an order dated 4.3.98 passed by a learned single Judge of this court in C.O. 16841(W) of 1993, whereby and whereunder the said learned Judge allowed the writ application filed by the writ-petitioner-first respondent with the following directions:--'It appears from the records as well as affidavit-in-opposition there is no findings of dissatisfaction as against the writ petitioner for not granting the benefit of promotion in the Selection Grade in terms of the resolution. I hold and declare that the writ petitioner was entitled and still is entitled to get the promotional benefit to the post of Selection -Grade Work-Assistant in terms of the resolution being annexure 'B' to the writ petition. Therefore. I direct the respondents authorities shall give such promotional benefit to that post notionally from the date on which he completed the service of 10 years. Accordingly all the increments notlonally should be granted to the writ petitio...
Savitri Devi Tolasaria Vs. Union of India and ors.
Court: Kolkata
Decided on: Apr-06-1998
Reported in: AIR1998Cal351,(1998)2CALLT44(HC)
1. This appeal is directed against an order of the learned single Judge dated September, 23, 1997, whereby the learned single Judge dismissed an application for writ, inter alia, with a prayer for a direction on the Telephone Authorities to restore the telephone connection of the writ petitioner being numbered 474-6441. The admitted facts are that both the writ petitioner and her husband had two independent telephone conectlons, numbered 475-5651 in the name of the husband and other number as mentioned in the above in the name of the writ petitioner. There was default in payment of telephone bill with regard to the telephone line standing in the name of the husband and notices or such default had been served on the husband of the present writ petitioner, the wife. Since no payment was made the line of the writ petitioner wife had been disconnected, though admittedly there was no default with regard to her telephone connection, along with the connection of the lines standing in the name...
Khan Brothers and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-03-1998
Reported in: (1998)2CALLT74(HC)
B. Panigrahl, J.1. In this case, the petitioners have prayed for following reliefs:--(i) Declaring that the petitioners are entitled to get adequate compensation from the respondents including or only from the State of West Bengal for illegal, arbitrary and malaflde act of seizure of 1583 bags of levy cement from the petitioners* godown on 15th June, 1985 by the Police Authorites of the Enforcement Branch of Government of West Bengal and their negligent conduct in not maintaining the safe custody during such seizure and also the negligent conduct of Sub-Divisional Controller (Food and Supplies) Alipore Sadar as also Police Authorities of the Enforcement Branch, Government of West Bengal in not disposing the entire seized stock expedltlously after the order dated 9th October. 1985 passed by the B.C. Collector, Alipore in 6A Proceedings being Misc. Case No. 28 of 1985. (ii) Declaring futher that the petitioners are entitled to get control price of Rs. 59.90 Per bag for 1583 bags of levy ...
- ‹ Prev
- 1
- 2
- 4
- Next ›
- Last »