Kolkata Court March 1999 Judgments
Asit Kumar Das and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-31-1999
Reported in: (1999)2CALLT177(HC)
A. Lala, J.1. This writ petition is basically made for a writ of Mandamus commanding the respondents to forbear from taking any decision with regard to publication of the panel for Lecturers in the Non-Government Degree Colleges in West Bengal pursuant to the first SLET and/or the interview held in pursuance thereof without considering the petitioners' application on merits.2. The writ petitioners contended that as per the publication of advertisement dated 29th April, 1994 issued by the West Bengal College Service Commission in the varnecular newspaper of the State the eligibility criteria for the purpose of selection of the Lecturers was as follows:'Eligibility Candidates were obtained Master's Degree in a subject with at least 55% marks or an equivalent grade preceded by a Hons. degree in the relevant subject from an Indian University or an equivalent degree from a Foreign University are eligible for SLET. Candidates who have already been admitted to Ph.D. or have already been qual...
Tag this Judgment!Coal Indian Officers Association and ors. Vs. Union of India and ors.
Court: Kolkata
Decided on: Mar-31-1999
Reported in: (2000)2CALLT381(HC)
M.H.S. Ansari, J.1. As common questions of facts and law arise and also the commonality of the reliefs claimed in the above writ applications, all the above writ applications have been heard analogously.2. For the sake of convenience, the facts a stated in W.P.No. 11558(W) of 1997 Basab Chowdhury & Ors. v. Union of India & Ors. are being adverted to in this Judgment and order. However, the contention of fact and Jaw as urged by the learned counsel appearing for the respective parties in all the above writ petitioners have been taken note of.3. The writ petitioners in W.P. No. 11558(W) of 1997 have challenged the notice dated 28th April. 1997 being annexure 'G' to the writ application whereby the examinations held for First Class and Second Class Mine Managers Certificate of Competency and Overman's Certificate of Competency held at various centres in India during December. 1994 and April-May. 1995, result of which declared in May, 1995 were cancelled with a direction for holding fresh ...
Tag this Judgment!Md. Rezual Hoque Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-31-1999
Reported in: (1999)2CALLT252(HC)
S. B. Sinha, J. 1. This appeal is directed against an order dated 27.6.86 passed by a learned single Judge of this court In C.O. No. 8108(W) of 1986 whereby and whereunder the writ application filed by the writ petitioner was dismissed. The writ petitioner/appellant claimed himself to be an Organiser Teacher of Nawada Palundi Jr. High Madrasah (hereinafter referred to as the said Madrasah). The said Madrasah was recognised by the West Bengal Madrasah Education Board on 5.5.82 with effect from 1.1.82 for Class V and VI and from 1.1.83 for class VII and V1I1. The petitioner was found to be working as an Organiser Teacher in the said Madrasah but keeping in view the staff pattern of the said Madrasah with effect from 5.4.80 the petitioner having not been possessed the B.Sc. qualification his service has not been approved in terms of the circular letter issued by the State of West Bengal. The said circular letter being No, 918-Edn(S)/5M-6/92 (P.P.) dated 23rd October, 1992 is to the follow...
Tag this Judgment!Mukul Ray Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-30-1999
Reported in: AIR1999Cal293,(1999)2CALLT10(HC),1999(1)CHN585
1. In this writ petition the petitioner who is the General Secretary of the All India Trinamul Congress prays for cancelling the election programme of the elections to the Siliguri Mahakuma Parishad and also to the Panchayat Samitles and the Gram Panchayats within the jurisdiction of the said Mahakuma Parishad in the District of Darjeellng scheduled to be held on 18.4.99 or for rescheduling the Madhyamlk and Higher Secondary Examinations programmes, and alternatively for making suitable relaxation of the bar on use of loudspeaker and microphone during the period covered by the said examinations with a view to facilitating making of election campaigns. The Madhyamlk examination commenced on and from 4.3.99 and the Higher Secondary examination commenced on 26.3.99 and will continue upto 19.4.99.2. Mr. Panja appearing on behalf of the petitioner submits that Immediately on receipt of the tentative election programme issued by the State Election Commission on 3.3.99 the petitioner wrote to...
Tag this Judgment!Smt. Kajal Guria Vs. S. Banerjee
Court: Kolkata
Decided on: Mar-30-1999
Reported in: (1999)2CALLT389(HC)
The Courts1. The petitioner has alleged that the respondent has committed contempt of this Hon'ble Court by violating an order dated 8th September. 1993 disposing of a writ application being C.O. No. 19041 (W) of 1992. The petitioner had filed the writ application alleging that she had been duly appointed as an Assistant Teacher in the substantive post in Subdt Debjanl Girls' High School, referred to as the school on 13th September, 1971. Her appointment was approved by the District inspector of Schools. The petitioner was permitted to undertake B.Ed, training by the Managing Committee of the school for the session 1975-76. She completed the course but when she returned, the Headmistress of the school did not allow the petitioner to join the school. The petitioner complained about this to the District inspector of Schools. He directed the Headmistress to allow the petitioner to perform her duties, but the Headmistress was adamant in obstructing the petitioner. The petitioner then filed...
Tag this Judgment!Commissioner of Income-tax Vs. Balarampur Chini Mills Ltd.
Court: Kolkata
Decided on: Mar-30-1999
Reported in: [1999]238ITR445(Cal)
1. In compliance of direction of this court on an application under Section 256(2) of the Income-tax Act 1961, the Tribunal has referred the following question for the opinion of this court :'Whether on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that realisation through additional free sale of sugar quota under the Sampat Incentive Scheme was in the nature of capital receipt ?'2. At the outset it is brought to our notice that the question is covered by the order of this court dated March 31, 1998, in the case of this assessee whereby the application of the Revenue under Section 256(2) of the Act has been rejected. Therefore, this application could be rejected outright or the question can be answered in favour of the assessee. Learned counsel for the Revenue has not controverted this fact. The Tribunal has decided the issue in favour of the assessee on two counts firstly that incentive receipts have overriding obligation, the additional ...
Tag this Judgment!The Workmen Represented by the Ananda Bazar Group of Publication Emplo ...
Court: Kolkata
Decided on: Mar-26-1999
Reported in: (1999)2CALLT170(HC),1999LabIC3796,(1999)IILLJ899Cal
S.B. Sinha, J.1. In this appeal, the appellant has questioned ajudgment and order dated 10.9.97, passed by a lea1rned single Judge of this court whereby and whereunder the writ application filed by the respondent Nos. 1 and 2 herein questioning an order dated 17.7.97 passed by the 5th industrial Tribunal. West Bengal in Case No. VIII-143/89, was set aside.2, The basic fact of the matter is not in dispute.A reference dated 9.5.89 was made by the State of West Bengal, being the appropriate Government in terms of section 10(1) of the industrial Disputes Act, in relation to the following issues:1. Wages for the period from 26.4.84 to 4.7.84. 2. Shift ditty for despatch section workmen. 3. Salary for 5.7.84 4. Encashable earned leave for 1985.The parties, after the said reference had been made, filed their respective written statements. Allegedly, the workmen had been relying upon the documents beyond their pleadings. An objection was raised by the respondent No. 1 herein and by an order d...
Tag this Judgment!Dr. Debesh Biswas and anr. Vs. Smt. Dalia Bhattacharyya
Court: Kolkata
Decided on: Mar-26-1999
Reported in: (1999)2CALLT501(HC)
D.B. Dutta. J. 1. The present application under Article 227 of the Constitution of India is directed against the order dated 14th July, 1998 passed by the learned Additional District Judge Allpore in Civil Revision Case No. 148 of 1995 reversing the order dated 2nd February. 1995 passed by the learned Civil Judge, Junior Division, First court, Allpore in Title Suit No. 486 of 1984, now numbered as 137 of 1996 and pending before the learned Civil judge, Junior Division, 2nd Additional court, Allpore.2. The suit was for eviction of a monthly premises tenant on the ground of subletting amongst others. The plalntiff's case is that the defendant No. 1 petitioner Debesh Biswas was the tenant under the original landlady from whom the plaintiff purchased the property and the defendant No. 1 sublet the premises to his brother Santosh Biswas, the defendant No. 2 petitioner. Both the defendants jointly filed an application under sections 17(2) and 17(2)(a) of the West Bengal Premises Tenancy Act ...
Tag this Judgment!Hindustan Motors Ltd. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-26-1999
Reported in: [2000(84)FLR92],(2000)ILLJ903Cal
P.C. Ghose, J.1. This is an application filed by the petitioners inter alia praying for the following relief:-(a) A writ of and/or in the nature of certiorari do issue calling upon the respondent Authorities and each of them to certify and transmit to this Hon'ble Court the records of the case culminating in the order dated January 5, 1999 passed by the respondent No. 2 forwarded by the said letter dated January 14, 1999 by the respondent No. 3 so that upon consideration thereof the same may be quashed and conscionable justice may be rendered to the petitioner.(b) A writ of or in the nature of mandamus do issue commanding the respondents and each of them to -(i) Forthwith rescind, revoke, withdraw or cancel the aforesaid order dated January 5, 1999 passed by the respondent No. 2 and forwarded to the petitioner No. 1 by the respondent No. 3.(ii) Grant permission to the petitioner No. 1 to implement the scheme of lay-off as proposed in its application before the respondent No. 2. (c) Rul...
Tag this Judgment!Jnanendra Narayan Mondal and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-25-1999
Reported in: (1999)2CALLT358(HC)
S.B. Sinha, J.1. This appeal is directed against an order dated 9.11.98 passed by a learned single Judge of this court. The appellants herein filed the said writ application praying, inter alio, the following reliefs :'a) A writ in the nature of Mandamus commanding the respondents, their men and agents and/or servants to rescind and/or to withdraw and/or to cancel the said judgment and award passed on September 22, 1998 in connection with Dispute Case No. 3 of 1998 passed by the learned Arbitrator forthwith; b) A writ of and/or in the nature of Certiorari directing the respondents, their men and agents to transmit all the records relating to this case before this Hon'ble court so that consclonable justice may be administered by quashing the said Judgment and award dated September 22. 1998.' 2. The fact of the matter is not in dispute.The election of the delegates of the Sanhaldih Project Employees Cooperative Stores Limited was held on 28.12.97. A dispute case as regard the validity of...
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