Kolkata Court June 1999 Judgments

Sonada Degree College and ors. Vs. Deshpad Rai and ors.

Court: Kolkata

Reported in: (1999)2CALLT558(HC)

S.B. Sinha, A.C.J. 1. This case depicts as to how failure on the part of the State to make rules in terms of section 16 of the West Bengal College Service Commission Act, 1978, may lead to non-appointment of teacher in the post of a Principal, despite the fact that his name was recommended by the College Service Commission.2. Keeping in view the points involved in this appeal, it is not necessary to state the fact of the matter in great details. An advertisement was Issued by the West Bengal College Service Commission inviting applications from indain citizens for appointment to the post of Principal of non-Government affiliated Colleges, details whereof had been mentioned therein, and wherefor academic qualifications were laid down in the following terms :'Academic Qualifications : (a) Master Degree in Arts/Science/Com-merce/Muslc/Flne Arts with at least 55% marks or its equivalent grade and good academic record, Ph.D. Degree or evidence of equivalent published work of high standard h...

Mitra A.B. Vs. P.O., Iii Industrial Tribunal and ors.

Court: Kolkata

Reported in: (1999)IILLJ1243Cal

Samaresh Banerjee, J.1. Common questions of law and fact being involved in both the writ petitions the same have been heard analogously and will be governed by the same judgment.2. In each of the writ petitions the petitioner has challenged the impugned order passed by the Tribunal directing that the workman will have to adduce evidence first to discharge the initial onus relating to validity or invalidity of the domestic enquiry.3. In each of such cases on reference of the industrial dispute to the Tribunal, the Tribunal was required to decide as a preliminary point as to the validity of domestic enquiry which was challenged by the workman.4. It is not disputed that in such a situation all along the Industrial Tribunal directed the employer to adduce his evidence first for the purpose of establishing that the domestic enquiry held against the workman was valid and proper.5. But in the instant case on the application of the employer before the Tribunal, in view of the judgment rendered...

Tivoli Park Apartments (Pvt) Ltd. Vs. Kumar Dhirendra Mullick and ors.

Court: Kolkata

Reported in: (1999)2CALLT397(HC)

V.K. Gupta, J.1. This appeal is directed against an Order dated 31st July, 1996 passed by the learned Assistant District Judge, 2nd court, Allpore in proceedings under section 28 of the Specific Relief Act filed by the Respondents in this appeal. The brief facts leading to filing of the appeal may be stated as herelnbelow:The Appealant Tivoli Park Apartments (Pvt) Ltd., a Company Incorporated under the Companies Act filed Title Suit No. 176 of 1981 in the court of learned Assistant District Judge, Allpore on 29th August, 1981 wherein a decree of Specific Performance in respect of an agreement executed on 16th August, 1980 was prayed for by the Appellant (Plaintiff in the suit). The subject matter of the aforesaid Suit and the dispute in the present appeal both relate to a piece ofland in premises No. 225, A.J.C. Bose Road, Calcutta. The Respondents in this appeal are the Trustees and Shebaits of the Trust Estate of Raja Rajendra Mallick Bahadur. On 25.11.60 a lease in respect of the pr...

Eastern Coalfields Ltd. Vs. the Central Government Industrial Tribunal

Court: Kolkata

Reported in: (1999)3CALLT140(HC)

S.B. Sinha, J. 1. This appeal is directed against a Judgment and order dated 5th June, 1996 passed by a learned single Judge of this Court in Matter No. 948 of 1990 whereby and whereunder the said learned Judge dismissed the writ application filed by the Appellant herein questioning an Award dated 28th March 1984 and published in the Gazette on 19th April 1994, of the Central Government Industrial Tribunal, the respondent number 1 herein. The fact of the matter lies in a very narrow compass.2. The concerned workmen who were seventy one in number had been working in Sodepur sub area of the Appellant Company as casual Wagon loaders. A notification was issued by the Central Government in exercise of its power under Section 10(1) of the Contract Labour (Regulation and Abolition) Act 1970 whereby and whereunder employment of contract labour inter alia in the matter of loading and unloading of coal was abolished. The said notification came into force with effect from First May, 1974. Accordi...

Smt. Gopa Mazumdar Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Kolkata

1. On a writ petition No. WP.CT. 516/98 field by the Railway respondents against the order dated 5.8.1998 in OA 1164/97 the Hon'ble High Court remanded the case for rehearing after impleading private respondent, Smt. Kamala Mazumdar who is the mother of the deceased Govt. employee late Ashoke Kumar Mazumdar. As per direction of this Tribunal respondent No. 4, Smt. Kamala Mazumdar was added as a party and she was allowed to file written reply to the OA filed by Smt. Gopa Mazumdar.2. The respondent No. 4 Smt. Kamla Mazumdar filed a written reply.According to that, the instant application is not maintainable and the applicant, Smt., Gopa Mazumdar has no right to claim the retirement dues of the deceased Railway employee,late Ashoke Kumar Mazumdar on the ground that the applicant had filed a suit for a decree for dissolution of the marriage between the applicant and her husband, late Ashoke Kumar Mazumdar and the said case was decreed ex-parte by family Court and permanent alimony was gra...

Gobinda Prasad Biswas and ors. Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: (1999)2CALLT418(HC)

D.P. Sircar-I, J.1. This revisional application under section 482 Cr.PC is for quashing the S.T. No. Vii of February, 1992 pending before the 4th Addl. Sessions Judge, Midnapore. 2. The petitioners are members of police forces posted in Gopiballavpur P.S. Subhankar Sarangi s/o the complainant was going to market. On a suspicion that he was a thief he was beaten up mercilessly as a result of which he was hospitalised subsequently and died. 3. Over this incident the complainant, father of the victim filed complaint before the learned S.D.J.M., Jhargram alleging that the present petitioners, who were the policemen attached to Gopiballavpur P.S. along with certain others took the deceased forcibly to the P.S. on his way to market, beat him up, took him back home when the relatives found marks of injuries on the body of the deceased, took him back to the P.S., beat him up again mercilessly, as a result of which the victim had to be removed to the hospital where he died few days after. This ...

State and ors. Vs. Santosh Saha

Court: Kolkata

Reported in: AIR1999Cal104

1. The instant appeal is directed against an order dated 15-1-90 passed in C. O. 12330(W) of 1989 by a learned single Judge of this Court allowing the writ application of the respondent-writ -petitioner and directing return of the seized goods to the respondent-writ-petitioner forthwith.2. In corning to the said conclusion the learned Judge has noticed that the procedures prescribed had not been complied with by the forest authorities in effecting the seizure or confiscation. The learned Judge also held that the search was not conducted in accordance with the rules, inasmuch as, signature of any independent witness was not taken in the seizure memo. The provisions of Rule 8(1) of the West Bengal Forest Produce Transit Rules have also not been complied with insofar as no notice was issued to the owner nor a copy of the seizure list was furnished to him.3. The more important fact noticed by the learned trial Judge was the discrepancy between the search warrant and other documents whereby...

Gopal Kumar Agarwala Vs. Sub-divisional Controller, (Fands), Krishnana ...

Court: Kolkata

Reported in: (1999)2CALLT613(HC)

S.B. Sinha, A.C.J.1. This appeal is directed against a Judgment and order dated 24.2.98 passed by a learned Single Judge of this court whereby andwhereunder the writ application filed by the writ petitioner wherein he had prayed for the following relief:--'(a) A writ of and/or in the nature of Mandamus commanding the respondents to show cause as to why the order dated 30.11.1994 (annexure 'A' to this petition) passed by respondent No. 1 shall not be quashed and/or rescind at once; (b) A writ of and/or in the nature Mandamus commanding the respondents to show cause as to why the Mmo. No.5241(53) dated 19.10.1989 issued by the respondent No, 5 shall not be set aside and/or rescind; (c) A writ of and/or in the nature of Mandamus commanding the respondents to issue a licence for levy-free sugar wholesale in favour of your petitioner; was dismissed.' 2. The fact of the matter lies in a very narrated compass.The petitioner intends to deal in sugar. Admittedly the filed is covered by an order...

Jitendra Nath Mondal and ors. Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Kolkata

1. These three OAs. being No. 121/99 with M.A. 162/ 99, 120/99 and 122/99 have been heard on 25.5.99 by this Tribunal and the same will be governed by a common order which is passed hereby in O.A. 121 of 1999, as common question of fact and law are involved in all the three matters, although the petitioners are different.2. It may be noted that in all the applications, respective applicants have challenged a common order dated 21.11.98 passed by the respondent authorities, whereby they have been transferred from Calcutta Office of the C.L.W. to the office of the C.L.W. at Chittaranjan.3. Before the above applications are taken up for disposal on merit, this Tribunal thinks it necessary to put on record certain facts and circumstances as detailed below : 4. It would appear from the record that all these three applications filed on 3.2.99 came up for the first time before this Tribunal for admission hearing on 3.3.99. The Tribunal passed the following order in all the above three cases ...

Deputy Commissioner of Income Tax Vs. Central Concrete and Allied Prod ...

Court: Kolkata

Reported in: (2000)160CTR(Cal)342,(2001)69TTJ(Cal)432

ORDERS. Bandyopadhyay, A.MSince the issue involved in these three departmental appeals for the successive years and also the cross objections filed by the assessee is common, they have been consolidated and a common order is being passed for the sake of convenience.2. The following common ground for all the three years has been taken up by the department in all the appeals :'1. That, on the facts and in the circumstances of the case, the learned Commissioner (Appeals)I, Calcutta, erred in deleting the following disallowances made by the assessing officer for assessment year 1985-86 :(i) Rs. 35,000 out of salaries, etc. paid to the wives of the directors:(ii) Rs. 3,675 being gratuity',(iii) Rs. 80,000 under section 40A(3) of the Income Tax Act.2. That, on the facts and in the circumstances of the case, the learned Commissioner (Appeals), Calcutta, erred in directing the Deputy Commissioner to delete the following disallowances of the payment of gratuity for the assessment years 1986-87 ...