Kolkata Court October 1999 Judgments
South Eastern Coalfields and ors. Vs. Gujarat Ambuja Cements Limited a ...
Court: Kolkata
Decided on: Oct-14-1999
Reported in: (2000)1CALLT418(HC)
V.K. Gupta, J.1. This appeal is directed against the judgment dated 17th August, 1999 passed by the learned single Judge of this court in W.P. No. 1652(W) of 1999 wereby the writ application filed by Respondents 1 & 2 against the appellants and respondents 3 to 5 was allowed and by moulding the relief, the learned single Judge Issued a Writ of Mandamus directing the Appellants not to stop supply of Coal to the Petitioners under the Programmes established on the basis of the current Linkage for alleged nonpayment of interest claimed by the appellant arising out of the Programme established on the basis of the Linkage which was later on transferred to Eastern Coal Fields Limited.2. The facts giving rise to this Appeal are that the respondent No. 1, being a Company incorporated under the Companies Act had been taking Coal from the Appellant No. 1, (South Eastern Coal Fields Limited) a Government Company and a subsidiary of Coal India Limited, for running its Cement Factory at Ambuja Nagar...
Tag this Judgment!Raj Behari Ram and anr. Vs. Westinghouse Saxby Farmer Ltd.
Court: Kolkata
Decided on: Oct-14-1999
Reported in: (2000)1CALLT397(HC),2000(1)CHN131
V.K. Gupta, J.1. In the course of hearing of this writ application, Justice D.P. Kundu was of the view that the Respondent Westinghouse Saxby Farmer Ltd. Is 'other Authority' as contemplated by Article 12 of the Constitution of India, but Justice S.B. Sinha. In the case of Japan Kr. Banerjee & Ors. v. State of West Bengal & Ors. reported in 1995(2) CLJ 415 had taken a contrary view, thus necessitating Justice D.P. Kundu, based on the aforesaid difference of opinion between the two learned Judges of this court, to make a reference to the larger Bench for resolving this controversy. It is in this background that this writ application has come up for hearing before the Division Bench to decide the question whether the respondent Wesllnghouse Saxby Farmers Ltd. is 'other Authority' or 'State' under Article 12 of the Constitution of India.2. The respondent Company was incorporated in 1923 and has been a manufacturer of brakes, signalling equipments and other related Items. In 1969 the Gover...
Tag this Judgment!C.E.S.C. Ltd. and ors. Vs. Karan Cafe and ors.
Court: Kolkata
Decided on: Oct-14-1999
Reported in: (2000)1CALLT519(HC)
By Court1. All these appeals are against the order of a learned Single Judge whereby directions were issued for restoration of electric supply without any conditions as to depositing any sum on account of the demand made by the appellant.2. As identical question arises for consideration, the appeals were heard analogously and are being disposed of by this common Judgment.3. Mr. Anindya Mitra, learned senior counsel on behalf of the appellant submitted that in cases involving theft/pilferage of electricity there is need for a consistency of approach and uniformity in the exercise of judicial discretion respecting similar causes and desirability to eliminate occasions for grievances of discriminatory treatment requires that all similar matters should receive similar treatment except where factual differences require a different treatment so that there is assurance of consistency, uniformity, predictability and certainly of Judicial approach.4. The said submission of Mr. Mltra is supporte...
Tag this Judgment!Blue Print and 13 ors. Vs. Blue Great Eastern Hotels Authority and ors ...
Court: Kolkata
Decided on: Oct-14-1999
Reported in: (2000)1CALLT450(HC)
V.K. Gupta, J. 1. This batch of writ applications filed under Article 226 of the Constitution of India by the erstwhile occupiers of certain shops and other premises at No.1, 2 & 3 Old Court House Street and No.29, Waterloo Street constituting an integral part of Great Eastern Hotel has been referred to this Division Bench for disposal since certain Important points of Law are Involved for consideration and adjudication.2. Great Eastern Hotel was a privately run establishment. For some reasons, under the Great Eastern Hotel (Taking Over of Management) Act 1975, the Governments of West Bengal took over the Management of the Undertaking of the Company, i.e.. The Great Eastern Hotel Limited and appointed an Administrator for managing the Undertaking of the Company.1975 Act. whereby only the Management of the Undertaking of the Company was taken over, was followed by the Great Eastern Hotel (Acquisition of Undertaking) Act, 1980 whereby the Undertaking of the Company, as a whole was taken ...
Tag this Judgment!Narayan Baidya Vs. District Inspector of Schools (S.E.) South 24 Parga ...
Court: Kolkata
Decided on: Oct-14-1999
Reported in: (2000)1CALLT487(HC)
S.B. Sinha, J.1. The question which arises for consideration in this appeal is the interpretation of the provision of section 9 of the School Service Commission Act, 1997 (West Bengal Act No. IV of 1997).2. The fact of the matter lies in a very narrow compass. The post of a teacher of English fell vacant in Baribhanga Bamacharan Vidyapith (hereinafter referred to as 'the said school'). The Managing Committee of the said school adopted a resolution for filling up the post; wherefor a requisition was sent to District Inspector of Schools (S.E), South 24 Parganas, the prior permission wherefor was granted on 9.12.1996.3. On 17.3.97 interview was held and 19 candidates appeared at the interview. No panel was prepared whereafter, a writ petition was field by the respondent No. 11 which was marked as W.P. No. 18927 (W) of 1997. By an order dated 29.9.97, a learned Judge of this court directed the District Inspector of Schools to consider the case of the petitioner within eight weeks from the...
Tag this Judgment!M/S. Ram Kumar Radheshyam Kedia Vs. M/S. Subrata Sasmal and Co. (Pvt.) ...
Court: Kolkata
Decided on: Oct-14-1999
Reported in: (2000)1CALLT572(HC)
V.K. Gupta, J. 1. This Appeal is directed against the Judgment dated 2nd February, 1994 in Company Petition No.191 of 1983 of a learned Single Judge of this Court whereby the application filed under section 34 of the Arbitration Act 1940 by the Company-Respondent in this Appeal in a winding up petition filed under sections 433, 434 and 439 of the Companies Act was allowed and the learned Single Judge accordingly stayed the winding up proceedings in the winding up petition and permitted the petitioning creditor in the winding up application to take appropriate proceedings in Arbitration for recovery of its dues.2. The Appellant M/s. Ram Kumar Radheshyam Kedia had filed a petition under sections 433, 434 and 439 of the Companies Act against the Respondent-Company M/s. Subrata Sasmal and Company Pvt. Ltd. for winding up of this Company alleging that one Tata Hitachi Excavator, Model UM 0832LC Hydraulic Back HOE with 0.91 Cu.Mtr Back Hoe Bucket had been let on hire to the Company and the C...
Tag this Judgment!Mohan Fireworks and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Oct-14-1999
Reported in: (1999)3CALLT76(HC)
S.B. Sinha. A.C.J.1. The petitioners who are manufacturers of various types of fire works, filed this writ application questioning a notification dated 3.10.1997 as contained in Annexure 'L' to the writ application whereby and whereunder the maximum permissible noise level of the fire works at the time of bursting was placed upto 90 Db [A] impulse noise at 5 meters from the source. It has also sought for an order permitting them to sell and/or dispose of the existing stock of fire-works.2. The fact of the matter is not in dispute.3. A bench of this Court dealing with environmental matters considered the issue as regard the fixation of noise level in Om Birangana Religious Society v. State of West Bengal &0rs. C.O. No. 4303(W) of 1995 as also in W.P. No. 2725 of 1996, Barrabazar Fire Works Dealers Association & Ors. v. Commissioner of Police. The said writ applications had been disposed of.4. Pursuant to or in furtherance of the directions issued in the aforementioned case the impugned ...
Tag this Judgment!Graphic Machinery and Appliances Pvt. Ltd. and anr. Vs. P.K. Mukherjee ...
Court: Kolkata
Decided on: Oct-14-1999
Reported in: [2000]99CompCas264(Cal)
M.H.S. Ansari, J.1. The instant appeal is directed against an order of the Company Law Board dated May 17, 1999, in Company Petitions Nos. 38 of 1992 and 37 of 1993.2.By the order under appeal, the Company Law Board refused to order investigation into the affairs of the company namely, Graphic Machinery and Appliances Pvt. Ltd. (hereinafter referred to as 'the said company') as was sought for in C. P. No. 38 of 1992.3. However, in so far as C. P. No. 37 of 1993 is concerned, the Company Law Board held that a case had been made out by the petitioner before it, respondent herein for grant of appropriate relief in terms of Section 402. The main prayer in the said petition related to reconstitution of the board with the inclusion of the petitioner as director. The Company Law Board accordingly reconstituted the board of directors with the petitioner before it (respondent herein) and the appellant as directors.4. The above order has been assailed in the instant writ application mainly on th...
Tag this Judgment!Md. Farouqe Vs. C.E.S.C. Ltd. and ors.
Court: Kolkata
Decided on: Oct-14-1999
Reported in: AIR1999Cal166
M.H.S. Ansari, J. 1. The instant appeal is directed against an order dated 27th August, 1999 passed by a learned single Judge of this Court in W. P. No. 15785(W) of 1999. Whereby and whereunder the C.E.S.C. authority was directed to restore electricity supply within 72 hours unconditionally upon payment of reconnection charges. It was further directed that thereafter, in the event the petitioner shall pay 50% of the demand raised by the C.E.S.C. to wards up-metered consumption within 7 days from the date thereof, then the line shall not be disconnected. 2. When the stay application was moved on 6-9-1999 this Court keeping in view the fact that the electrical connection had been restored and the fact that the appellant had taken advantage of the said order, we did not consider it fit to interfere with the discretion exercised by the learned trial Judge at that stage. 3. It was, however, directed that the appeal shall be treated on day's list and shall be disposed of along with other sim...
Tag this Judgment!Bajarang Prasad Jalan and anr. Vs. Raigarh Jute and Textile Mills Ltd. ...
Court: Kolkata
Decided on: Oct-14-1999
Reported in: [2001]104CompCas555(Cal)
M.H.S. Ansari, J.1. The instant petition is filed under Sections 397 and 398 of the Companies Act, 1956.2. The dispute leading to the filing of the instant petition is essentially amongst the two brothers of a family. More precisely between the groups of two brothers. As a matter of fact several petitions of the same nature have been preferred and have since been adjudicated by this court and it is stated that appeals in relation thereto are now pending adjudication before the apex court. Reference shall be made to those proceedings and the orders passed therein as they have a material bearing on some of the vital issues arising for consideration in the instant applications. When the present application was taken up by a learned single judge for hearing, it was noticed that a Division Bench of this High Court was seized of those other applications in its appellate jurisdiction and, therefore, the instant application was also directed to be placed before that Bench for being heard and d...
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