Kolkata Court April 1999 Judgments
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Abdul Hakim and ors. Vs. the State of West Bengal
Court: Kolkata
Decided on: Apr-26-1999
Reported in: (1999)2CALLT146(HC),1999(2)CHN47
G.R. Bhattacharjee, J. 1. The petitioners (9 in number) are fn custody in connection with the Hura Police Station case No. 103/98 dated 11th November, 1998 which was started under section 395 1PC. It may be mentioned here that Hura Police Station is within the District of Purulia and the occurrence reportedly took place within that Jurisdiction. The learned Sessions Judge, Purulia by his order dated 9.2.99 while granting ball to the petitioners (accused persons) under section 439 Cr.PC directed that each of the nine accused-petitioners might furnish cash security of Rs.15,000/- only in lieu of bond to the satisfaction of the learned SDJM concerned on condition that they would meet the I.O once a fortnight and the security money would stand forfeited to the State of West Bengal if the accused flouted the order in any manner. Thereafter the present petition was filed by the nine petitioners/accused persons for relaxation and/or modification of and/or setting aside the condition of ball g...
Sripati Charan Mondal and anr. Vs. Oriental Insurance Company Ltd.
Court: Kolkata
Decided on: Apr-26-1999
Reported in: (2000)2CALLT353(HC),1999(2)CHN391
S.K. Sen, J.1. This appeal is directed against an order passed by the Tribunal dismissing the application under section 140 of the Motor Vehicles Act, 1988.2. The appellants are parents of the deceased Amiya Kumar Mondal who was a student in a local school in Hooghly. The appellants claimed a sum of Rs. 25,000/- as compensation for the death of their son due to the accident that occurred in the said vehicle with another vehicle. The said accident occurred on 12.8.1991 at about 13.00 hours when the said victim and other students of the local school were going to Digsui Football Ground in connection with a football match. The driver of the vehicle tried to overtake another vehicle which was going along the road and as a result of collision the said vehicle overturned and many students/passengers sustained injuries and later on the son of the applicants who was admitted in Chinsurah Hospital died due to the injuries in the head. The claimants/ appellants before the learned Tribunal claime...
Major Charanjit Singh Gill Vs. Union of India and ors.
Court: Kolkata
Decided on: Apr-26-1999
Reported in: (1999)2CALLT300(HC)
ORDER ANDMILITARY DISCIPLINE.In that he.Fifth Charge Army Act Section 63At Calcutta on 20 Nov 90, improperly walked out of the office of his then Commanding Officer, IC-28638L Lt Col R. K. Sharma of 235 Inland water Transport Operating Company Engineers, while the latter was holding preliminary hearing of the Charges against him.Place : Calcutta-53 Date : 18 November 1991. (VS Negi) Colonel Commanding Officer 121 Inf BN (TA)4. In all, the charges against the appellant is that he was absenting himself without leave for one day against first charge, for two days against 2nd charge, for one day against 3rd charge, for one day against 4th charge and for one day against 5th charge.5. A General Court Martial was called upon by the General Officer Commanding, Bengal Area by an office order dated 23rd December, 1991.6. The composition of the Court Martial was one Colonel, three Lt. Colonels and one Major. Three officers being one Colonel and two Majors were prescribed as waiting members.7. One...
State of West Bengal and ors. Vs. Ashim Kumar Sarkar
Court: Kolkata
Decided on: Apr-26-1999
Reported in: (1999)2CALLT506(HC)
A Lala, J. 1. This appeal arises out of a Judgment and order passed by a single bench of this Hon'ble Court on 21st December, 1997 in disposing a writ petition being C.O. No. 925 (W) of 1994.2. The respondent/writ petitioner was posted as Assistant Driller in the office of Executive Engineer. Northern Mechanical Division at Siliguri under Directorate of Public Health Engineering Government of West Bengal.3. On 27th May, 1987 he made an application before the authority for voluntary transfer in the office of Suri Sub-Division under Bankura Mechanical Division in view of his personal difficulty lo stay in North Bengal. No effect of such application was given for about 4 years. Subsequently by an application dated 22nd March. 1991 he voluntarily withdrew such application due lo changed circumstances. But before reaching such application for withdrawal an effect of transfer was given to the said incumbent treating the said transfer as 'mutual transfer' in between the writ petitioner and on...
Union of India (Uoi) and anr. Vs. Tata Iron and Steel Co. Ltd. and ors ...
Court: Kolkata
Decided on: Apr-26-1999
Reported in: AIR1999Cal56
S.B. Sinha, J.1. This appeal is directed against a judgment and order dated 9th August, 1996 passed by a learned single Judge of this Court whereby where under the writ petition filed by the 1st respondent herein was allowed.2. In the aforementioned writ application, the writ petitioner inter alia prayed for the following reliefs :--'(a) Issue a writ of and/or in the nature of Mandamus commanding the respondents or their servants and/or agents and/or assigns to forth with act in accordance with law and desist from making any demand on your petitioner for refund the sum Rs. 10,37,96,604/- and subsequent Adjustment Rs. 2,66,60,468/- or any other sum paid to your petitioner under IPRS or to adjust the same against further dues of your petitioner under IPRS.(b) A writ of and/or in the nature of Certiorari be issued commanding the respondents to certify and transmit to this Hon'ble Court all the records culminating in the said letter of repudiation dated 20-1-92 (and the letter dated 19-5-1...
Dilip Kumar Chatterjee Vs. National Jute Manufactures Corporation Ltd. ...
Court: Kolkata
Decided on: Apr-26-1999
Reported in: AIR1999Cal117
Amitava Lala, J. 1. The appeal arises out of the order of a single Judge sitting in Original Side Writ Jurisdiction of this Court dated 17th April, 1997. The appellant preferred this appeal on 15th May, 1997 i.e. within the prescribed period of limitation but without certified copy.2. As per the Rules of the High Court at Calcutta relating to applications under Article 226 of the Constitution, the matters in the Original Side, will be regulated by Original Side Rules and matters in the Appellate Side, will be regulated by Appellate Side Rules.3. Under the Original Side Rules a Memorandum of Appeal has to be preferred with certified copy of the order like the Civil Appeals as prescribed by Order XLI, Rule 1 of the Code of Civil Procedure. Such procedure is available under Chapter XXXI, Rule 2 of the Original Side Rules. But in case of appeal arising out of an application under Article 226 of the Constitution of India in the Appellate Side of High Court, there is no necessity of filing c...
Burn Standard Co. Ltd. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-26-1999
Reported in: [2000(86)FLR430],(2000)IILLJ926Cal
Satya Brata Sinha, J.1. This appeal a directed against the judgment and order dated August 6, 1998 passed by a learned single Judge of this Court in Matter No. 807 of 1994 whereby Learned Trial Judge dismissed the writ application filed by the appellant, Burn Standard Co. Ltd. challenging an order dated January 25, 1994 passed by the learned Judge, Second Labour Court, West Bengal in Case No. Comp. 12/98 under Section 33-C(2) of the Industrial Disputes Act allowing the application of the workman who is respondent No. 3 before us.2. The fact of the matter is as follows:-On November 11, 1983, a Tripartite Settlement was arrived at. The settlement had two parts. An employee covered by the settlement had the option either to retain the existing system of D.A. so prevailing on the date of signing of the settlement or to switch over to Industrial D.A. system and normative scale of pay. It was provided in the settlement that those who will opt for the existing system, shall be entitled to ad ...
Comwssioner of Income Tax Vs. G.N.B. Motors Ltd.
Court: Kolkata
Decided on: Apr-26-1999
Reported in: (1999)156CTR(Cal)280
ORDERBY THE COURT:By this reference application, the following questions of law are referred to for our opinion'1. Whether, on the facts and in the circumstances of the case, and also on a proper interpretation of Appendix 1 of r. 5 of the IT Rules, the Tribunal was justified in law in holding that the canteen was a part of the factory and it was entitled to depreciation at higher rate ?2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in invoking the Explanation under section 32A(4) of the Income Tax Act, 1961, and remitting the matter back to the assessing officer for fresh consideration in terms of ExpIn. 2 to s. 32A(4) of the Income Tax Act, 1961 ?'2. None appears for the assessee.3. The learned counsel appearing for the Revenue fairly admits that issue is covered, by the decision of Madras High Court in the case of CIT v. Engine Valves Ltd. (1980) 19 CTR (Mad) 274 : (1980) 126 ITR 347 . That decision was challenged in the Supreme Court and Supre...
Mohanlal Maji Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-25-1999
Reported in: (2000)1CALLT475(HC),1999(2)CHN100
A. Lala, J.1. This matter was placed under the heading 'application' since an application for early hearing being CAN No. 392 of 1999 was made along with main writ petition.2. As and when the matter was called on, the petitioner, State and School authorities were appeared before this Court and made their respective submissions.3. Upon hearing the submission I have passed the following order on 20th April, 1999 :'An application was made being CAN 392/99 for early hearing of the main writ petition. It appears at the time of hearing of the application in presence of all the parties that there is a palpable mistake on the part of the District Inspector of Schools (SE), Purulla, respondent no.3 herein, in refusing the recognition of the selection of the petitioner in the post of Headmaster in the memo no. 307(3) dated 28.2.97. The Inference of the authority derived from G.O. No. 577-Edn(s) dated 2.5.88 which postulates the exclusion of right B.EM, candidate since such qualification is consi...
Pasupati Mondal Vs. Debabrota Jana
Court: Kolkata
Decided on: Apr-23-1999
Reported in: (1999)2CALLT403(HC)
D.B. Dutta, J.1. This application under section 115 CPC is directed against an order passed by the learned Munsif, 2nd court on 15.9.94 in J. Misc. Case 10 of 1993 restoring J. Misc. Case 12 of 1991.2. The opposite party filed the J. Misc. case 12 of 1991 claiming preemption under section 8 of the West Bengal Land Reforms Act. The said Misc. case was fixed for final hearing on 18.3.93. On that date, the Misc. case was dismissed (or default by order No. 18 dated 18.3.93 which reads as under:'Both parties file hajira. Today is fixed for P.H. Learned lawyer for the plaintiff stated before me in open court, that he has no Instruction from his client except It. Plaintiff is absent on repeated calls. So the case is liable to be dismissed. It is now 11-00 a.m. Hence, 11 is ordered that the misc. case be and the same is dismissed for default.' 3. The opposite party filed on 20.3.93 an application supported by affidavit under Order 9 Rule 9 CPC praying for setting aside of the aforesaid order o...
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