Kolkata Court April 1998 Judgments
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Calcutta Municipal Corporation and ors. Vs. Abdul Halim Gaznavi Molla ...
Court: Kolkata
Decided on: Apr-02-1998
Reported in: AIR1998Cal345
Satya Brata Sinha, J.1. Both these appeals are directed against a judgment and order dated 19-9-97 passed by a learned single Judge of this Court in Writ petition No. 774/97 and Writ petition No. 633/97 whereby and whereunder the said learned Court allowed the writ applications filed by the first respondent in each appeal. FactsThe fact of the matter lies in a very narrow compass.A huge amount was said to be due by way of payment of consolidated rate, interest and penalty imposed thereon from Abdul Halim Gaznavi Mollah and others who are Writ petitioners of W.P. No. 774/97. The premises No. 8, Lenin Sarani, Calcutta the annual valuation whereof was the subject-matter of the said writ application was owned by the writ petitioners. There had been a revision in the said valuation in the year 1972-73 as a result whereof the same was enhanced from Rs. 54,0717- to Rs. 1,05,1937-with effect from 4th quarter of 1972-73 without any notice. An objections was taken to the said decision consequent...
Personnel Manager, Bata India Ltd. Vs. Gourpada Dutta
Court: Kolkata
Decided on: Apr-02-1998
Reported in: (2000)ILLJ184Cal
S.K. Tiwari, J.1. This petition under Article 227 of the Constitution of India has been directed against the order dated December 23, 1987, passed by learned Chief Judge, Small Causes Court, Calcutta-cum-Appellate Authority under Section 17 of the Payment of Wages Act in R.W.A. Appeal No. 1 of 1987.2. The opposite party filed an application before the learned Competent Authority and contended that he was an employee of Bata India Limited (petitioner). That the petitioner had not paid his wages from October 24, 1962 to February 19, 1967. The claim petition was filed as late as in 1979. The learned Competent Authority condoned the delay and allowed the application.3. The petitioner filed an appeal before the learned Appellate Judge and contended that the opposite party was arrested by the police and remained absent from duty for several days without any application for leave. His services stood terminated on account of his wilful absence, as per the Standing Order of the company. After t...
Bharat Aluminium Company Limited and ors. Vs. Sukumar Mukherjee and or ...
Court: Kolkata
Decided on: Apr-01-1998
Reported in: (1998)2CALLT60(HC),[1999(81)FLR52],(1999)ILLJ828Cal
S.B. Sinha, J.1. This appeal is directed against a Judgment and order dated 24.7.96 passed by a learned single Judge of this court in C.R. No. 143 (W) of 1987, whereby and whereunder the writ application filed by the writ petitioners was allowed. The writ petitioners/respondents filed the aforementioned writ application claiming, inter alia, the following reliefs :'(a) as to why declaratory order should not issue on the respondents, their agents, subordinates and employees namely, the petitioners, are in continuous service with the company, namely, Aluminium Corporation of india Limited, entitling them even after the Aluminium Corporation of india Limited (Acquisition and Transfer of Aluminium undertaking) Act, 1981 and to the continuity of service by the payment of notional-gratuity under section 4 of the Payment of Gratuity Act, 1972; (b) as to why an order in nature of Prohibition should not be issued on the respondents for non exercise of powers under section 4 of the Payment of Gr...
Smt. Mira Chatterjee Vs. Sunil Kumar Chatterjee
Court: Kolkata
Decided on: Apr-01-1998
Reported in: AIR1998Cal333
Chatterjee, J. 1. The premises No. 5A, Beltala Road P.S. Bhowanipore (h ereinafter referred, to as 'the 'premises') originally belonged to one Aswini Kr. B andyopadhyay, the maternal grant father of Sushil Kr. Chatterjee (since deceased). The said Aswini Kr. B andyopadhyay had no male issue. Sushil Kr. Chatterjee was brought up under the care of the said Aswini Kr. Bandyopadhyay in his family from boyhood. Aswini Kr. Bandyopadhyay, during hi s life time, made a Kill dated 16th June, 1946 which was probated in the year 1949 and by that Kill Aswini Kumar Bandyopadhyay bequeated the entire ground, floor of the said premises to the said Sushil Kr. Chatterjee, the husband of Mira Chatterjee who is the appellant before us. The said Sushil Kr. Chatterjee died on 21 st December, 1970. During his life time, Sushil had allowed one of his brother viz. Sunil Kr. Chatterjee, the respondent in this appeal to reside in two rooms on the ground floor of the said premises as a licencee under him some ti...
Balai Chand Kundu Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-01-1998
Reported in: [1999(81)FLR508],(1999)ILLJ740Cal
ORDERSatyabrata Sinha, J. 1. This appeal is directed against judgment and order dated January 8, 1986 passed by a learned single Judge of this Court whereby and where-under the writ application filed by the writ petitioner was dismissed in limine on the ground of delay. The petitioner in paragraph 28 of the writ application has stated thus:'In the circumstances stated above, the petitioner approached Mr. Arup Kumar Lahiri, Advocate of Madhyamgram, Police Station Barasat, District 24-Parganas who assured the petitioner to render all legal help and also to move a writ petition in the High Court at Calcutta in the month of May 1982 and the petitioner paid fees and cost to Mr. Lahiri who did not do anything and the petitioner was fully dependent upon him and being in service, it was not possible for the petitioner to take information from Mr. Lahiri from time to time and who assured the petitioner that he need not be anxious over the matter but Mr. Lahiri failed to do anything and the peti...
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