Kolkata Court October 1999 Judgments
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Sampat B.G. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Oct-14-1999
Reported in: [1999(82)FLR509],(2000)ILLJ565Cal
S.B. Sinha, A.C.J.1. Reference to this Full Bench has been made by three different orders in this matter, as the correctness of the Division Bench decision of this Court in Ganges Printing Ink Factory Employees Industrial Co-operative Society Ltd. and Anr. v. The 7th Industrial Tribunal and Ors., 91 CWN 480, was doubted in Webel Nicco Electronics Ltd. v. Mrs. Anima Roy, (1997-II-LLJ-80) (Cal-DB), which view has been reiterated by one of us D.P. Kundu, J. in B.C. Sampat (Babulal Gordhandas Sampat) v. The State of West Bengal and Ors.. 1991 (1) CLJ 338.2. Keeping in view the said references, one of us in CESC Ltd. v. State of West Bengal, also directed that the matter be heard by a larger Bench and in particular in view of the fact that therein inter alia, the vires of Section 15(2)(b) of the Industrial Disputes Act, 1947 as amended by the State of West Bengal, had been questioned.3. As the questions raised before us are pure questions of law and as this Bench has been called upon to ans...
In Re: Banning of Manufacture of Fire Works
Court: Kolkata
Decided on: Oct-14-1999
Reported in: 2000CriLJ2539
S.B. Sinha, Actg. C. J.1. An application has been filed before this Court, on behalf of the Commissioner of Police and the Deputy Commissioner of Police, inter alia, for a direction upon the manufacturer of fire works banning, manufacture, storage and transportation of banned fire works within the State of West Bengal, Pradesh Adarshabadi Byabsayye Samity, Mridula Narula and Virendra Kumar Narula have also filed applications and/or affidavits wherein a prayer have been made for allowing them to transport the fire works manufactured by them to other States.2. With a view to consider the prayers made in the respective applications, it is necessary to note the following fact.3. A division bench of this Court in C.O. No. 4303 (W) of 1995 by an order dated 1-4-96 reported in (1996 (100) Cal WN 617) placed certain restrictions on the use of miscrophones and loudspeakers throughout the State of West Bengal under the Police Act. By reason of an order dated 30th September, 1996 Pollution Contro...
Tea Board and ors. Vs. Shankar Narayan Dhar and ors.
Court: Kolkata
Decided on: Oct-13-1999
Reported in: (2000)1CALLT276(HC)
R. Pal, J. 1. The appeal arises out of an order allowing the writ application filed by the respondent No. 1 By that order, which Is dated 29th July 1999, the learned single Judge directed the Chairman, Tea Board [the appellant No. 2) to fix the seniority of the respondent No. 1 above Ajit Rakshlt and the other private respondents and to award consequential benefits.2. In the writ application which was filed on 5th January 1998 the respondent No. 1 claimed that he had Joined the services of the appellant No. 1 on 15th November 1967. The respondent No. 1 was thereafter promoted from time to time and was ultimately promoted to the post of Assistant Accountant on 16th April 1987. These facts are not disputed by the appellants. It is also not in dispute that each of the private respondents were Junior to the respondent No. 1 and that Ajit Rakshit, who was the respondent No. 5 in the writ petition, was Immediately Junior to the respondent No. 1 3. The trouble appears to have started when the...
Partha Pratim Ghosh and ors. Vs. Sate of West Bengal and ors.
Court: Kolkata
Decided on: Oct-13-1999
Reported in: AIR2000Cal84,(2000)1CALLT301(HC)
S.B. Sinha, J.1. A petition in the nature of Public Interest Litigation has been filed praying, idler alia, for the following reliefs :--'(a) Writ in the nature of Mandamus commanding the respondents Serampore Municipality to forthwith restrain themselves from constructing any further the Super Market at Gandhi Maldan. Serampore, Hooghly until further order. (b) Writ in the nature of Mandamus commanding the respondent Serampore Municipality to restrain themselves from using the said Gandhi Maldan for commercial purpose other than allowing the said Maldan to be used for children park and play ground in terms of the transfer deed executed long back in respect of the said Maldan.' 2. The main grievance of the petitioners is that a public park is sought to be encroached upon and multi-storeyed building Is being constructed.3. The basic facts are not in dispute.4. The land in question is known as Gandhi Maldan which previously belonged to the Railway Administration and was used as R.M.S gro...
Paresh Chandra Saha Vs. Prakash Chandra Das and anr.
Court: Kolkata
Decided on: Oct-13-1999
Reported in: (2000)1CALLT388(HC)
S.B. Sinha, J.1. This appeal is directed against an order dated 23.2.99 passed by 3rd Additional District Judge, Barasat, North 24 Pgs. In Title Suit No. 1/99 whereby and whereunder the said learned Judge rejected applications for Injunction filed by both the plaintiff and the defendant purported to be under Order 39 Rules 1 and 2 of the Code of Civil Procedure.2. By reason of the said order the learned trial court has also disposed of an application under Order 39 Rule 4 of the Code of Civil Procedure.3. The plaintiff is the appellant. He filed the afore-mentioned suit, inter alia, for the following reliefs :--'(a) in preliminary from for accounts of all profits made by the defendant from the sale of the goods under the impugned trademark and/or impugned pouch design by the defendant and thereafter on enquiry final decree be passed : (b) ..... declaration that the plaintiff is exclusively entitled to use the trade name 'P.C. Saha & Co.', the word 'HOME' as well as the pouch design as ...
Vinayak Oil and Fats Pvt. Ltd. Vs. Serenade Trading Ltd. and ors.
Court: Kolkata
Decided on: Oct-13-1999
Reported in: (2000)2CALLT100(HC)
The Court1. There shall be an order in terms prayer (a) of the application.2. Keeping in view the facts and circumstances of the case we are of the opinion that the appeal upon waiving all formalities be treated on the day's list and be disposed of,3. This appeal is directed against an order dated 7th October, 1995 passed by a learned Judge of this Court whereby and whereunder an application filed by the appellant was dismissed. The fact of the matter lies in a very narrow compass.4. In an Admiralty Suit, an advertisement was issued by the Joint Receivers appointed therein. The Sale Notice issued therefor reads thus :SALE NOTICECRUDE DEGUMMED SOYABEAN OIL Offers are invited for sale of 400 m.t. (approx.) Crude Degummed Soyabean Oil lying in the shore Tank of M/s. J.R. Enterprises at Tank No. J.R.E.6 Budge Budge on 'as is where is basis.' The offers in sealed covers shall have to be submitted to the undermentioned on or before 7th September 1999 by 4 p.m. at the office of Mr. Amit Basu...
Birendra Nath Manna and anr. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Oct-13-1999
Reported in: (2000)2CALLT105(HC),2000(1)CHN173
S.B. Sinha, J.1. In this appeal the vires of section 47A of Indian Stamp Act, 1899 as amended by the State of West Bengal is in question.2. The petitioners are landholders. They intended to convey same properties which required registration, the consideration wherefor was fixed at Rs. 1,80.000/-. However, In view of the provisions of section 47A of the Indian Stamp Act and the Rules framed thereunder, the market value of the property was fixed at Rs. 5,65,000/- and the Registering authority directed them to pay the deficit stamp duty calculated on the basis thereof.3. Thereafter these writ applications have been filed.4. Mr. P.K. Roy, the learned senior counsel appearing on behalf of the appellant, inter alia, has drawn this Court's attention to Entry 44 of List III, Entry 63 of List II and Entry 91 of List 1 of the 7th Schedule appended to the Constitution of India and submitted that keeping In view the aforementioned entries it Is absolutely clear that whereas; Entry 91 List 1 and En...
Dilip Chowdhury and ors. Vs. the Registrar of Co-operative Societies a ...
Court: Kolkata
Decided on: Oct-13-1999
Reported in: AIR1999Cal228
S.B. Sinha, Actg. C.J.1. In these writ applications the petitioners have, inter alia, questioned an order dated 24-2-1988 passed by the Registrar of Co-operative Society, Andaman & Nicobar Islands, Port Blair and the consequential notices dated 11-3-88, 16-5-88 as also the purported decision to amend the bye-laws dehorsing the Rules 20 and 26 of the Andaman & Nicobar Island Cooperative Society Rules, 1974 issued by the Administrator of Bangashree Co-operative Coconut Farming Society Ltd., who had been appointed in the year 1985,2. Although several questions have been raised in these writ applications, the learned Counsels for the parties have addressed us only one question namely, as to whether the Registrar of the Co-operative Society could be appointed by the Lieutenant Governor in terms of the Andaman & N.icobar Islands Cooperative Societies Regulations, 1973 (hereinafter referred to as the said Regulation). The said Regulation was promulgated by the President of India in exercise o...
Purna theatre Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Oct-13-1999
Reported in: [2000(86)FLR819],(2000)ILLJ519Cal
Gora Chand De, J.1. The only point for consideration in this appeal is whether a short payment of retrenchment compensation under Section 25-F of the Industrial Disputes Act, not specifically pleaded by the workman vitiates the order of retrenchment.2. The workman was appointed in the rank of messenger-cum-bearer in the petitioner company, Purna Theatre which is a cinema house on March 31, 1978. For gross misconduct a charge-sheet was issued against him on October 16, 1985 and in the domestic inquiry, he was found guilty and was dismissed from his service on July 20, 1985. The workman moved the Industrial Tribunal which by an award dated January 10, 1991 set aside the order of dismissal and reinstated the workman with full back wages. The workman joined the service as per the award on May 1, 1991. But on May 30, 1991 the Company retrenched the workman, w.e.f. June 6, 1991 on the ground that he was a surplus hand due to loss of business volume in the Company and an amount of Rs. 9030.30...
Tara Rani Chakraborty Vs. Kedar Nath Pyne
Court: Kolkata
Decided on: Oct-12-1999
Reported in: (2000)1CALLT211(HC)
S. Banerjea, J.1. The present revlslonal application under section 115 of the Code of Civil Procedure is directed against order No. 83 dated December 1, 1998 passed by the learned Judge, 11th Court, City Civil Court at Calcutta allowing the application of the plaintiff/opposite party for amendment of the plaint made under Order 6 Rule 17 of the Code of Civil Procedure.2. The plaintiff/opposite party filed against the petitioners Ejectment Suit No. 69 of 1992 before the learned Judge, 13th Bench, City Civil Court, at Calcutta for eviction of the petitioner infer alia, on the ground of default and reasonable requirement.3. Although the said suit was dismissed ex parte on 15th of December, 1992 subsequently by an order dated 16th of November, 1993, the suit was restored.4. During the pendency of the suit the petitioner on coming to know that the opposite party/landlord allegedly Is In possession of some other alternative accommodation else-where namely, at M.G. Road, Ram Chandrapur, VIII....
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