Kolkata Court December 1999 Judgments

Diptimoy Banerjee Vs. the State of West Bengal and ors.

Court: Kolkata

Reported in: (2000)1CALLT338(HC)

R. K. Mazumder, J.1. On consent of the parties the appeal is treated as on day's list and is taken up for disposal along with the application for stay of operation of the order dated 7th April, 1999, passed by the learned single Judge rejecting the writ petition filed by the appellant.2. On or about 11th February, 1970, the appellant was allotted a Government flat, being Flat No.1, in the ground floor of Block L/O at Old Dog Race Course, Police Station-Behala, Calcutta-700038, at a monthly rental of Rs. 95/-, payable according to the English calendar. The appellant, who was at the relevant point of time working as an officer in the United Bank of India, retired from service in the year 1992, but continued to occupy the said flat even after his retirement.3. According to the appellant, after his retirement he worked as auditor for different Chartered Accountant firms and for the said purpose he had to visit different places all over India and during his absence from Calcutta his wife an...

The Director of Public Instruction, West Bengal Vs. Dr. Krishna Prasad ...

Court: Kolkata

Reported in: (2000)2CALLT141(HC)

S.B. Sinha. J.1. This appeal is directed against a Judgment and order dated 29th June, 1998 passed by a learned single Judge of this Court in W.P. No. 20256(W) of 1997 whereby and whereunder the writ application filed by the respondent herein was allowed and directions were issued to regularise the services of the writ petitioner in the post of Principal with consequential benefits.2. The writ petitioner-respondent has filed the aforementioned writ application, inter alia, on the ground that he had been appointed in the permanent vacancy in the post of Principal in Sri Ram Krishna Sarada Vidya Mahapith with effect from 14-5-83. As in the said College he has been serving as Teacher-in-Charge' for about 14 years, his services should be regularised and confirmed with effect from the dale of appointment.3. The fact that the writ petitioner was appointed as a 'Teacher' in the said College is not in dispute. It is also not in dispute that he was merely appointed as a Teacher-in-Charge' and n...

The New India Assurance Co. Ltd. Vs. Dhirendra Nath Saha and ors.

Court: Kolkata

Reported in: II(2000)ACC567,2001ACJ435,(2000)2CALLT155(HC)

S.B. Sinha, J. 1. The question which arises for consideration In this appeal is as to whether the appellant can maintain this appeal.2. In view of the question Involved it is not necessary to state the fact of the matter in details, suffice it to state that an application was filed by the respondent herein In terms of section 110A of the Motor Vehicles Act, 1939 in respect of the death of one Pradip Saha claiming compensation amounting to Rs.10 lakhs.3. Before learned Tribunal below although the appellant appeared and allegedly filed the office copy of the policy of Insurance but no witness was examined on its behalf nor the said policy was marked as an exhibit. The learned Tribunal below by Its award allowed the claim of the respondent to the tune of Rs.4,85,000/-.4. Mr. Das, the learned counsel, appearing on behalf of the appellant, submitted that as the victim was a passenger of Bus, the liability of the appellant was limited In terms of section 95 of the said Act. The learned couns...

Paschim Banga Zilla Parishad Karmachari Samiti and ors. Vs. State of W ...

Court: Kolkata

Reported in: (2000)2CALLT281(HC),2000(1)CHN234

S.B. Sinha, J.1. This writ application in the nature of Public Interest Litigation has been filed claiming, inter alia, the following reliefs :--'(a) A writ of and/or in the nature of Mandamus do issue directing the respondent authorities concerned and/or their Agents or servants and/or to cancel and/or rescind and/or annual and/or set aside the order dated 8.10.98 being No. 3692/PN/N/II/2P-10/97 issued by the respondent No. 1 being annexure 'H' to the writ petition. (b) A writ of and/or in the nature of Mandamus do issue directing the respondent authorities and/or their agents and/or men and/or servants to give effect to and/or further effect of the memo being No. 236/CP-DPPG/ZIL/PUR/004/99 issued by the respondent No. 2 dated 24.05.99 allowing the pensionary benefits in favour of the respondent No. 9. (c) A writ of and/or in the nature of Mandamus do issue directing the respondent authorities and/or their agents and/or their men and/ or servants to cancel and/or rescind and/or set as...

Calcutta Metropolitan Development Authority Vs. Ajit Kumar Majumdar an ...

Court: Kolkata

Reported in: [2000(86)FLR7],(2000)IILLJ505Cal

S.N. Bhattacharjee, J.1. The writ petitioners are contract labourers who have been working under the respondent, Calcutta Metropolitan Development Authority (CMDA for short) as Security personnel in the Howrah sub-way under direction and control of Assistant Engineer and Executive Engineer since 1975. During this period he filed a writ petition claiming absorption in the employment of CMDA in the respective posts along with fitment in proper scales as CMDA is their real owner as the Duty Roster, Medical Leave and Leave Register, Bills are prepared by the Executive Engineer. Their work was supervised by CMDA and disbursed wages through the petitioner. The conn-actor is only a little man. The CMDA on the other hand have asserted that the writ petitioners are the employees of Secret Information and Detective Services at 72/4, S.N. Banerjee Road, Calcutta (SIDS for short) who are acting as contractors. The petitioners worked under the direct control and supervision of the SIDS appointed by...

Darjeeling Municipality Vs. Chadmaku Construction Pvt. Ltd.

Court: Kolkata

Reported in: (2000)1CALLT361(HC)

P.C. Ghose, J.1. This is an application filed by the petitioner inter alia praying for an order that--(a) Delay in making the application for setting aside the award be condoned.(b) The award dated 20th November. 1998 be set aside and/or declared null and void.(c) The decree passed on 5th March, 1999 in terms of the said award be recalled and/or set aside.2. This Is an application filed by the petitioner inter alia challenging an award dated 20th November, 1998 published by the learned Arbitrator. It further appears that the decree has already been passed in terms of the said Award on March 5, 1999. The petitioner has filed this application on March 9,1999 challenging the said Award.3. The points have been taken by the petitioner In this application are as follows :-a. The Award should be declared as null and void inter alia on the grounds-(i) This Hon'ble Court had no jurisdiction to adjudicate upon the disputes and differences that have arisen between the parties Inasmuch as this Hon...

Subhranshu Mondal Vs. the Regional Transport Authority, Midnapore and ...

Court: Kolkata

Reported in: (2000)2CALLT63(HC)

B. Ghosh, J. 1. A notice bearing Memo No. 2871/MV dated 11th November, 1998, was pasted in the Notice Board of the Regional Transport Authority, Midnapur, Inviting applications from intending candidates for grant of 10 (ten) temporary permits for the route: Haldia to Mechada Railway Station and 6 (six) temporary permits for the route: Haldia to Kukrahatl Launch Ghat. The petitioner, a young educated unemployed person, acquired a new Bus and got the same registered on 12th November, 1998. In order to deploy his Bus on one of the said routes, he made an application in terms of the said notice on 17th November, 1998. The petitioner then did not hear anything officially from the RTA concerned and on enquiry he came to learn that at a meeting held on 24th December, 1998, the RTA concerned has rejected his application and has agreed to issue offer letters to others. The petitioner was surprised to learn that a Bus bearing Registration No. WB-29-1265 belonging to one Sri Gouri Bala Jana, whic...

Utpal Mondal Vs. State of West Bengal

Court: Kolkata

Reported in: (2000)2CALLT506(HC),2000(1)CHN137

G.R. Bhattacharjee, J.1. Both the above noted death reference and criminal appeal are being dealt with and disposed of by this Judgment as they arise out of the same Judgment of the Addl. Sessions Judge. 1st Court. Howrah passed in Sessions Trial No, III (October) 1994. It is a case of triple murder. The trial Court by Its judgment dated 17/12/98 convicted the appellant Utpal Mondal under section 302 1PC for murder of three persons namely, Smt. Padmarani Mondal, her son Soumen Mondal alias Fatal aged about four years and her father-in-law Sudhir Mondal and by order dated 19/12/98 sentenced the appellant to death and also to a fine of Rs.1,000/- i.d. to R.I. for six months for his conviction under section 302 IPC. Being aggrieved by the Judgment and the orders of conviction and sentence, the appellant-accused Utpal Mondal has preferred the present appeal. The trial Court has also referred the case under section 366 Cr.PC to this court for confirmation of the death sentence. Both the dea...

Ms. Enfield Industries Ltd. Vs. Dy. Cit

Court: Income Tax Appellate Tribunal ITAT Kolkata

1. This appeal filed by the assessee is directed against the order dated 13-2-2006 of the CIT (A), Central-I, Kolkata pertaining to block period 1990-91 to 14-12-1999. In this appeal, the assessee has raised several grounds, but all of them are against confirming the penalty imposed under Section 158BFA(2) and further enhancing it with a direction to determine the quantum of penalty on the amount of difference between the loss declared in the return under Section 158BC of Rs. 1,29,57,430 and the income determined in the block assessment order of Rs. 35,73,902, i.e. Rs. 1,65,31,332.2. The assessee-company is closely held by Sonthalia Group. The facts as emerge from the record and submissions made before the Tribunal are that a search & seizure operation was conducted in the residential and business premises of the assessee-company and its directors on 14-12-1999 under Section 132 of the Act. It was brought to the notice of the Bench by the assessees learned Counsel that, as a matte...

Kendua Rakshakali Vidyamandir and ors. Vs. West Bengal Board of Second ...

Court: Kolkata

Reported in: (2000)2CALLT35(HC)

The Court1. This is an application in the nature of writ petition arising out of non-consideration of recognition of the Institution. 2. The impugned order under challenge is at page 264 of the writ petition being No. S/280 dated 19th September, 1997 being annexure 'W to the writ petition whereunder the following grounds of refusal are set out: '1. The Classrooms are of 252 sq. ft. (18' x 14') in size which are very small in respect of the prescribed size, 2. Enrolment of School has been claimed to be 137 in 96/97 session but on the date of Inspection only 86 students have been found which is far below for making the school a viable one. 3. There are at least four High Schools located within a distance of 5 & 6 k.m. from the proposed school and thus no new school is needed in the area. 4. The School is claiming to have been established in 1970, but the School purchased Kishan Bikash Patra of Rs. 5000/- only on 7.10.95 as its Reserve Fund Instead of in the year 1970. 5. Teaching and. no...