Kolkata Court May 1999 Judgments

Khaitan (India) Ltd. and ors. Vs. Union of India (Uoi) and ors.

Court: Kolkata

Reported in: AIR1999Cal1

Satya Brata Sinha, J. 1. This review application has been filed for review of our judgment dated 6th April, 1999, whereby and whereunder the appeal preferred by the applicant herein was dismissed.2. Mr. Ghosh appearing on behalf of the applicant, inter alia, submitted that there exists an error apparent on the face of the records necessitating review of the said judgment and order, in view of the fact that this Court has failed to take notice of the fact that there has been violation of the principles of natural justice, alternative remedy cannot be said to be a bar. The learned Counsel in support of his contention has relied upon various decisions of the Supreme Court of India, namely. Dr. Smt. Kuntesh Gupta v. Management of Hindu Kanya Mahavidyalaya, Sitapur (U.P.), reported in : 1987(32)ELT8(SC) ; Baburain Prakash Chandra Maheshwari v. Antarim Zila Parishad now Zila Parishad, Muzaffarnagar, reported in : [1969]1SCR518 and also In : 1983ECR2151D(SC) and in Whirlpool Corporation v. Re...

Indian Vegetarian Congress and ors. Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: AIR1999Cal212

S.N. Bhattacharjee, J. 1. This appeal is directed against the judgment and order dated 25-5-98 passed by a single Judge of this Court whereby the writ petition No. 8025(W) of 1998 was dismissed.2. By a notification dated 22-8-1961, Government of West Bengal acquired a land measuring more or less 151.18 acres for a public purpose, namely, the construction of Mourigram-Dankuni Link Project of South Eastern Railways After completion of the project, Southern Railway surrendered the surplus land of about 78 acres which were not utilised in the project and handed over the same to the Animal Resource Development Department (ARDD in short), State of West Bengal, which leased out a considerable portion of the said land measuring about 46.42 acres duly registered on 9-6-95 in favour of a private sector enterprise namely, Fregerio Conserve Allana Limited of Mumbai (hereinafter referred to as the said Company) for construction of a food processing unit including an abattoir at Mourigram for a peri...

West Bengal Council of Higher Secondary Education and ors. Vs. Subhabr ...

Court: Kolkata

Reported in: AIR1999Cal296

Satyabrata Sinha, J.1. This appeal is directed against a judgment and order dated 23-12-1998 passed by a learned single Judge of this Court whereby and whereunder the writ application filed by the petitioner was allowed.2. The fact of the matter lies in a very narrow compass.3. The petitioner is a student of Class-XII in science stream with physics, chemistry and mathematics as compulsory subjects and Biology as additional one. He passed the Secondary Examination in Second Division and in physical science paper he obtained 31 marks.4. The petitioner was admitted in Class-XII. He was allowed to complete the courses of studies in the aforementioned subjects. However, while he was at the verge of completion of the entire course, he was asked to change the stream or subjects. The petitioner stated that the teacher incharge of the Kalighat High School wrote a letter on 20-8-1998 to the secretary to the Council for grant of special permission so that he may sit in the ensuing Higher Secondar...

Shyam Sundar Modak Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: AIR1999Cal129

S. N. Bhattacharjee, J.1. The only point raised in this appeal as to whether the Director, Food and Supplies extended the period for filing of application for grant of licence of wholesale dealer in sugar at Krishnagunj, Dist. Nadia and if so, whether he was competent to do so under the notification issued under the statute.2. The Sub-Divisional Controller, Food and Supplies Krishnagore issued a notice dated 26-4-94 inviting applications for issuing wholesale levy free Sugar dealers licence in respect of the police stations including Krishnagunj fixing a target date in pursuance whereof the writ petitioner, along with others, applied in form A for grant of said licence for levy free sugar. The respondent Nos. 5 and 6 also applied therefor after expiry of the date fixed in the notification. Subsequently at the request of Nadia Zilla Parishad the date was extended the case respondent No. 5 was recommended by the Hon'ble Minister-in-Charge himself and he was granted licence. The writ peti...

Abdul Aziz Sekh and Etc. Vs. Siraj UddIn Mollah and ors.

Court: Kolkata

Reported in: AIR1999Cal191

S.B. Sinha, J. 1. The question, which arise for consideration in these appeals, inter alia, is as to whether the State Government in exercise of its power conferred upon it under Chapter IV A of the Motor Vehicles Act, 1939 can issue permit to the stage carriage operators in exclusion to the State Government Undertakings or not.2. The basic fact of the matter is not in dispute. 3. On 19-8-1963 the State Government issued a Scheme in terms of Section 68C of the Motor Vehicles Act, 1939 whereby any whereunder various routes as specified therein were nationalised. The said Scheme was modified in the year 1980 in terms whereof only private operators were permitted to ply their stage carriages in the routes specified therein to the exclusion of the State Transport Undertaking. In the said Notification the number of permits to be granted in relation to the routes in question was also specified. However, after Motor Vehicles Act, 1988 was enacted by the Parliament, the concerned Regional Tran...

Raibahadur Bissessurlal Motilal Haluwasiya Trust and anr. Vs. Presidin ...

Court: Kolkata

Reported in: (2000)ILLJ104Cal

ORDERS.B. Sinha, J.1. Both the appeals and the writ application filed by the appellants herein involving similar questions of fact and law were taken up for hearing together and are being disposed of by this common judgment.2. The fact of the matter is in a narrow compass.3. The concerned workman Sitala Prasad Pandey had admittedly been working with the appellant-trust. His services had been terminated; with regard whereto an industrial dispute was raised and pursuant thereto a reference was made by the State of West Bengal to the respondent No. 1 herein. The said reference was registered as a Reference No. VIII-330/85.4. In its written statement, the appellant in the said reference raised various contentions including one that the trust being a charitable institution, is not an industry. The said question was raised as a preliminary issue but the Tribunal directed that the said issue would be considered along with the merit of the matter. However, an application was filed by the conce...

Commissioner of Customs (Preventive) Vs. Uma Shankar Verma

Court: Kolkata

Reported in: 2000(70)ECC163,2000(120)ELT322(Cal)

ORDERSatyabrata Sinha, J.1. This appeal is directed against a judgment and order dated 9th February, 1999 passed by a learned Judge of this Court whereby and whereunder the learned Trial Judge directed release of the gold seized from the writ petitioner with the following directions :-'1. On the petitioner paying an amount of Rs. 3,26,560/- to the respondents (this amount being in lieu of the duty payable on the gold seized) and on his furnishing a Bank guarantee to the extent of Rs. 5,00,000/- and a bond for Rs. 10,00,000/- (these two amounts being in lieu of any possible imposition of penalty) in favour of the respondent as prescribed under the Customs Act or the Rules framed thereunder, the respondents shall release the seized gold in favour of the petitioner. The format of the Bank guarantee and bond shall be communicated by the respondents to the learned Advocate-on-record of the petitioner latest by 15th February 1999. The release of the gold shall be effected within one week fro...

Deputy Commissioner of Income Tax Vs. Stone India Ltd.

Court: Kolkata

Reported in: (2001)69TTJ(Cal)569

ORDERD. Manmohan, J.M.These two appeals are filed by the revenue and they involve certain common issues. We, therefore, dispose of these two appeals by a common order for the sake of convenience.2. We are concerned with the assessment years 1991-92 and 1992-93. Ground No. 1 in assessment year 1991-92 pertains to the questions of application of section 37(4) of the Act with regard to the rent, repairs and depreciation on the guest house. The assessing officer observed that all expenditure incurred on the maintenance of the guest house and depreciation has to be disallowed by virtue of specific provisions of section 37(4) of the Act and he further observed that clause (ii) of Explanation to the section specifically mentioned that rent paid in respect of such guest house falls under the expression 'expenditure incurred on the maintenance of a guest house'. Commissioner (Appeals) however, set aside the disallowance by following his predecessor's order for the assessment year 1990-91. Thus,...

Priya Brata Maity Vs. State of West Bengal

Court: Kolkata

Reported in: AIR1999Cal32

S.N. Bhattacharjee, J. 1. This appeal directed against the order dated 29-9-1997 passed by a single Judge of this Court in W.P. No. 9960(W)/97 projects a disturbing picture where in an ordinary private dispute between the landlord and tenant, the statutory public authority joined hands with one side in deliberate defiance of the Court's order and in brazen violation of the statutory rules thereby causing irreparable loss and injury to other.2. Sri Haripada Khalsa, the writ petitioner/respondent was a tenant under Sri Priya Brata Maity, the appellant, in the disputed premises at Manickchak, Contai, Dist., Midnapore since February, 1975 at a rental of Rs. 150/- per month. Following a dispute between the parties regarding repair works of the tenanted portion of the building and alleged threat of eviction by the son of the landlord, the tenant filed a T.S. No. 134 of 1996 in the Court of 1st Civil Judge, Junior Division at Contai against the landlord and obtained an order for interim injun...

Ajit Kumar Chakraborty Vs. State of West Bengal and ors.

Court: Kolkata

S.B. Sinha, J.1. The petitioner who is Chairman of Bankura District Co-operative & Rural Developmental Bank Ltd. (hereinafter referred to as the said Bank) had filed a writ application for quashing a First Information Report which has been dismissed by the learned trial Judge relying upon a decision in State of Haryana v. Bhajanlal reported in : AIR1992SC81 .2. The basic fact of the matter is not in dispute.The petitioner had been associated with the said Bank for a long time in one capacity or the other. On the basis of the reports made by the Registrar of the Co-operative Society, the State of West Bengal by an order dated 30-10-98 directed immediate dissolution of the Board of Directors. The validity of the said order was questioned by filing a writ application in this Court which ultimately was allowed by a division bench of this Court in F. M.A.T. No. 4186 of 1998 by an order dated 25-1-99, inter alia, on the ground that no reason had been assigned therefor by the State as was man...