Kolkata Court July 1999 Judgments

Sudip Dey Alias Chottu and anr. Vs. State of West Bengal

Court: Kolkata

Reported in: 1999CriLJ4139

Ranjan Kumar Mazumder, J.1. This Criminal Appeal is directed against the Judgment and order of conviction and sentence passed by the learned Additional Sessions Judge (14th Court) Alipore on 11-2-94 in Sessions Trial No. 1(2) 93. By the impugned Judgment and order of conviction, ld. Court below found both the appellants 1 and 2 to be guilty and sentenced appellant No. 1 to suffer imprisonment for life for the offence punishable under Section 302, IPC and also sentenced appellant No. 2 to suffer imprisonment for life for the offence under Section 302 read with Section 109, IPC. Being aggrieved by the said order of conviction and sentence, both the appellants being son and mother respectively have preferred the instant appeal.2. Prosecution case in brief was that the deceased-girl Toton alias Subhasini Roy, aged about 22 years and appellant No. 1 Chottu alias Sudip Dey were in love with each other. Appellant No. 1 had an Egg Roll Shop at the crossing of Rashbehari Avenue and Satish Mukhe...

indira Devi Rajak Vs. Thika Controller and ors.

Court: Kolkata

Reported in: (2000)1CALLT588(HC)

A. Kabir, J. 1. While considering the application for stay filed in the appeal, with consent of the parties, the appeal Itself is taken up for hearing and final disposal.2. This appeal is directed against an order passed by the learned Single Judge on 10th May, 1999, dismissing the appellant's writ petition on the ground that an alternative remedy under section 13 of the Calcutta Thika and other Tenancies and Lands (Acquisition and Regulation) Act, 1981, was available to the petitioner.3. In order to appropriate the order passed by the learned Single Judge, it is necessary to give a brief background of the facts leading to the filing of the writ application.4. The appellant/petitioner appears to have purchased the property in question by a registered conveyance dated 22nd May, 1990 from one Sri Jahar Shaw, who had purchased the same from one Debi Charan Shaw. The property is situate at 50, Madan Biswas Lane, Salkia, Police Station--Golabari, under the Jurisdiction of the Howrah Municip...

In Re: Excel Frits and Colours Ltd.

Court: Kolkata

Reported in: [2000(86)FLR735],(2000)ILLJ1364Cal

ORDERBasudeva Panigrahi, J.1. An application has been filed under Article 226 of the Constitution of India by the company challenging the orders passed by the learned Judge, 4lh Industrial Tribunal rejecting the prayer of the company to admit additional documents produced by the petitioner.2. The company has claimed to have been engaged in manufacturing frits and components. The respondent No. 3 who is the main contesting party here was appointed as a Junior Officer of the company vide letter dated January 1, 1988 with effect from January 18, 1988. It has been further claimed that he was initially appointed on probation. But subsequently he was confirmed with effect from August 1, 1989 with an enhanced salary, increments and other emoluments.3. The respondent No. 3 has, however, disputed the stand of the company and submitted that he has never worked in managerial and administrative capacity but all through he had been working as a workman in the company. Since he was illegally and unl...

Baidyanatha Das and ors. Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Kolkata

1. The question for decision in this case is whether sectional rotational transfer of TOs posted in the STD/PCO booths to the post of Operators at Bankura Trunk Exchange is permissible under the rule of the Department or not. According to the applicants, they are holding the posts of Sr. TO A(P) TK Section, Bankura Telephone Exchange and applicant No. 1 made a representation to the Telecom District Manager, Bankura stating that TOs and Sr. TO A(P) cannot be posted by rotational transfer in PCO as PCO operator for booth operation and he has been aggrieved by the order dated 27.5.97, Annexure/A7 by which it was decided that the rotational transfer of the operators at Bankura Exch.197 and 198 and the departmental STD booths are permissible. According to the applicants, duties and functions of the restructured cadre, i.e., Phone Mechanic, Telecom Technical Assistant and Senior Telecom Operating Assistant are distinct and separate. So, rotational transfer of Sr. Telecom Operating Assistant...

Joint Commissioner of Income Tax Vs. Itc Ltd.

Court: Kolkata

Reported in: (1999)156CTR(Cal)61

Y.R. MEENA, J.These are the two connected appeals, one made by the Revenue and the other made by the assessee. The Revenue has challenged the impugned order on the ground that the learned single Judge has granted leave in terms of prayer : (1) of the writ petition, that is, the stay of operation of the order appointing special auditor. The assessee has challenged the impugned order dt. 4th May, 1999, on the ground that before issuing of notice under section 142(1) of the Income Tax Act, 1961, the Income Tax Officer has not applied his mind, and that it is not possible to comply with the direction referred to in the said notice.As both the appeals are connected, whether the accounts of the assessee be audited by the special auditor appointed under section 142(2A) of the Act or whether the assessing officer should look into the accounts himself, in case of special auditor is not permitted to audit the account and the assessing officer is also not in a position to look into the accounts o...

The Deputy Managing Director, Cesc, Limited Others Vs. Naba Kumar Mohd ...

Court: Kolkata

Reported in: (1999)3CALLT377(HC)

B.B. Mitra, J. 1. The present revisional application is directed against an order dated 5th April. 1999 passed in Misc. Appeal No.85 of 1999 confirming the order No. 11 dated 22.2.99 passed by the 6th Court of Civil Judge. Senior Division in Title Suit No.65 of 1997. By the original order passed by the trial Court it disposed of a petition for temporary injuction on contest directing parties to maintain status quo. The said order was challenged by way of Miscellaneous Appeal and the same was disposed of by an order dated 3rd September. 1997. Against the same, the revisional Court was moved under section 115 of the Code of Civil Procedure and C.O. No. 2666 of 1997 was obtained which was disposed of on 23rd July, 1998. The impugned order is the resultant upshot of the aforesaid order passed in an earlier revision as noted by this Court. As such the said revisional order shall have privotal bearing on the impugned order under challenge which is for consideration. Accordingly, it is felt t...

Joint Commissioner of Income-tax Vs. I.T.C. Ltd. and anr.

Court: Kolkata

Reported in: [1999]239ITR921(Cal)

Y.R. Meena, J.1. These are two connected appeals, one made by the Revenue and the other made by the assessee. The Revenue has challenged the impugned order on the ground that the learned single Judge has granted leave in terms of prayer (1) of the writ petition, that is, the stay of operation of the order appointing special auditor. The assessee has challenged the impugned order dated May 4, 1999, on the ground that before issuing of notice under Section 142(1) of the Income-tax Act, 1961, the Income-tax Officer has not applied his mind, and that it is not possible to comply with the direction referred to in the said notice.2. As both the appeals are connected, whether the accounts of the assessee be audited by the special auditor appointed under Section 142(2A) of the Act or whether the Assessing Officer should look into the accounts himself, in case the special auditor is not permitted to audit the account and the Assessing Officer is also not in a position to look into the accounts ...

Shri Ram Prasad Bhattacharyya Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Kolkata

1. Shri Ram Prasad Bhattacharyya, a retired employee of the office of the Directorate of Supplies and Disposals, Ministry of Commerce, Department of Supply, 6, Esplanada East, Calcutta filed this application claiming fixation of his pay in the scale of Rs. 160-4507- with retrospective effect from 1.4.1947 prescribed for the post of Assistant on the basis of the judgments dated 15.3.1976, 21.3.1976, 23.7.1979, 14.9.1983 of Bombay High Court and on the basis of the judgment dated 2.4.1984 of Calcutta High Court and on the basis of the judgments dated 5.5.1985 and 28.6.1990 of Calcutta Bench of this Tribunal and also on the basis of the Directorate of Supplies and Disposals' Calcutta Office Orders dated 24.1.1986, 3.7.1991 and 4.1.1993.2. The case of the applicant, in short is that he entered into the service on 6.9.1941 under the Government of India in the office of the erstwhile Chief Controller of Purchase (Munitions), Calcutta which was subsequently known as Office of the Director of...

Chandra Kumar Poddar Vs. the State of West Bengal

Court: Kolkata

Reported in: (1999)2CALLT552(HC)

A. Talukdar, J. 1. The petitioner has come up before this court seeking to quash the proceeding of G.R. Case No. 2836 of 1995 (arising out of R.C. case No. 8/S.C.B./93/Calcutta) pending before the learned Metropolitan Magistrate. 12th court, Calcutta on the ground firstly that there has been Infraction of section 173(5) of the Code of Criminal Procedure and further that the learned Chief Metropolitan Magistrate, Calcutta did not have the Jurisdiction to take cognizance In the matter as the learned 12lh Metropolitan Magistrate was only the designated court for trying the CBI cases according to notification No. 18167J dated 30.7.91 issued by the Judicial Department of the Government of West Bengal. The learned lawyer appearing on behalf of the petitioner has invited my attention to the order dated 14-11-95 passed by the learned Chief Metropolitan Magistrate, Calcutta taking cognizance of the case and transferring the same for disposal to the file of the learned Metropolitan Magistrate, 1...