Kolkata Court January 2000 Judgments

Supratik Ghosh and anr. Vs. M/S. Pasari Housing Development Pvt. Ltd.

Court: Kolkata

Reported in: (2000)3CALLT97(HC)

D.P. Kundu, J.1. On the Joint prayer of both the parties the appeal and the application for stay have been heard together.2. This appeal is arising out of an order No. 2 dated 22.9.1999 passed by Shri P.S. Dutta, learned District Judge-In-Charge, Allpure in Title Suit No. 132 of 1999, in connection with Ptn. No, ED-5585/99, granting an Interim order of Injunction as prayed for till 11.1.2000 on the condition that the plaintiff/respondents should comply with the provisions of Clauses (a) and (b) of the proviso to Rule 3 of order 39 of CPC.3. The respondents. In Title Suit No. 132 of 1999 preferred an application under section 9 of the Arbitration and conciliation Act, 1996 (hereinafter referred to as the Act of 1996). In the said application the respondents prayed for the following reliefs:'Your petitioner, therefore, humbly prays that Your Honour may graciously be pleased to pass an order of Injunction restraining the respondents their agents, servants, assigns from taking any step or ...

Shrey Mercantiles Pvt. Ltd. and ors. Vs. Calcutta Municipal Corporatio ...

Court: Kolkata

Reported in: AIR2000Cal193A

ORDERAjoy Nath Ray, J. 1. This is a writ petition challenging the imposition of mutation fees upon the writ petitioner by the Calcutta Corporation.2. Before the introduction of the impugned Regulations of 1989, the Municipal Authorities charged nominal mutation fees. These fees have been provided for since 1980, (which is the year of the currently operative Municipal Act in Calcutta) in Section 183 of the Act.3. Mutation, simply put, is the process of change of the name of the owner in the books of the Municipal Authorities. Under the aforesaid Section notice of transfer of ownership is to be given, and if notice is not given, the erstwhile owner will be liable for rates as owner notwithstanding transfer of ownership.4. Section 193 of the Act provides that the primary liability for payment of rates and taxes for buildings vests with the owner.5. The Municipal Authorities, by the process of mutation, have the advantage of keeping their books and records upto-date and of serving notice u...

Swapan Kumar Chatterjee Vs. Calcutta District Primary School Council a ...

Court: Kolkata

Reported in: (2000)2CALLT231(HC),2000LabIC2049

P.K. Samanta, J. 1. The writ petitioner was appointed as an Assistant Teacher of Calcutta Academy Primary School with effect from 1st September. 1981. The appointment letter dated 30.8.81 issued to the writ petitioner by the Secretary of the said Primary School revealed that he was appointed on a temporary basis against a permanent vacancy caused by the resignation of one Assistant Teacher of the said school namely Sri Tushar Mondal. The petitioner since his appointment with effect from 1.9.81 Is serving the said school as an Assistant Teacher. His appointment as such has not yet been made permanent not regularised. This writ petition was accordingly moved for a direction upon the respondent authorities for regularisatlon of his service and/or for permanent absorption In the post of Assistant Teacher in the said school. This writ petition has been opposed by the respondents by filing affidaviti-in-opposition to this writ petition. The defence of the respondents is substantially as unde...

MohinuddIn Biswas Vs. the State of West Bengal and ors.

Court: Kolkata

Reported in: (2000)2CALLT347(HC)

1. This case has been filed for issuance of a writ of mandamous to cancel, withdraw and rescind the notice dated 02-12-1999 whereby the date ofrequisition meeting was fixed on 09-12-1999 being annexure 'B' to the writ petition and allow the petitioner to perform the duties and functions of the Pradhan of Kapasdanga Gram Panchayet within P.S. Beldanga, district Murshidabad.2. The factual matrix leading to this case is as follows :The petitioner and the respondents 7 to 22 were elected as members of Kapasdanga Gram Panchyet in the election held on 28th May. 1999. The petitioner was then elected as Pradhan by securing the majority votes of 13 members out of 17 members of the said Panchayet. From the date of his election as Pradhan he was smoothly performing the functions and duties as such. But unfortunately he came to learn from his secretary on 12-11-1999 that a notice had been issued by 9 members of the Gram Panchyet to him requesting for convening a meeting of no confidence. It has be...

M/S. Andamans Timber Industries Ltd. Vs. Union of India and ors.

Court: Kolkata

Reported in: (2000)2CALLT121(HC),[2000(86)FLR427],(2000)IILLJ347Cal

V.K. Gupta, J.1. With the consent of the parties, the appeal and the application for stay, treating both as on day's list, are taken up for the final disposal.2. This appeal is directed against the Judgment and Order dated 13-12-1999 passed by the learned single Judge of this Court, whereby the writ application filed by the appellant against the Order dated 2nd December, 1999, passed by the respondent No.4, has been dismissed.3. It appears that vide ,a Notice dated 28-9-99 the appellant declared a lock-out in its factory w.e.f. 29-9-1999. On 2nd December, 1999 the respondent No.4 passed an order whereby the said lock-out was declared by him as illegal. He in the same Order Issued directions to appellant to lift the lock-out with immediate effect and to allow the workers to perform their duties. It was this Order which was challenged by the appellant in the aforesaid writ application which, as noticed above, was dismissed by the learned single Judge, vide the Judgment under challenge in...

Oriental Insurance Co. Ltd. Vs. Gurdial Singh and anr.

Court: Kolkata

Reported in: II(2000)ACC537,2001ACJ94,AIR2000Cal226,(2000)2CALLT288(HC)

1. By consent of the parties the appeal is treated as on day's list and both the appeal and the application are taken up together for hearing.2. The instant appeal is preferred by the Oriental Insurance Company Limited against an award passed by the Motor Accidents Claims Tribunal, 5th Court, Alipore, South 24-Parganas. The respondent has raised the question of maintainability of this appeal in view of the fact since the conditions under section 170 have not been complied with by the Tribunal according to him. Section 170 of the Motor Vehicles Act. 1988 is set out hereinbelow :'170. Impleadlng Insurer in certain cases. --Where in the course of any inquiry, the Claims Tribunal is satisfied that- (a) there is collusion between the person making the claim and the person against whom the claim is made, or (b) the person against whom the claim is made has failed to contest the claim, it may, for reasons to be recorded in writing, direct that the Insurer who may be liable in respect of such...

The Deputy Secretary (Mart), Dept. of Health and Family Welfare Vs. Mi ...

Court: Kolkata

Reported in: AIR2000Cal202

S.N. Bhattacharjee, J. 1. TheRespondent herein, a physically handicapped candidate, appeared in the Joint Entrance Examination of 1997 for admission to Medical Colleges but was unsuccessful. For admission into Medical Colleges some seats were reserved for nominees of Government of India, State Government, Donors, Scheduled Castes and Scheduled Tribes. After the Examination was over Government reserved with effect from 11-6-97 further 8 seats for hill candidates for admission into Medical Stream but no seat was reserved for physically handicapped candidates. According to the respondent, such reservation of seats for hill candidates, donors' nominees and non-reservation of physically handicapped candidates despite statutory requirement are violative of Articles 14, 15, 21 and 41 of the Constitution of India. Challenging such reservation as discriminatory the respondent filed a writ application before this Court and the learned Single Judge rejected the respondent's prayer for quashing th...

Bolyichand De Trust and anr. Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: (2000)2CALLT549(HC)

The Court1. Petitioners are two Trusts of Subarna Banik SamaJ of Calcutta. They have Invoked the writ Jurisdiction of this Court through the proper representative of the SamaJ with supporting affidavit of competency.2. The petitioner No. 1 Trust executed a deed of trust on 20th June, 1922 by making provisions of free medical education 4 (four) students of Subarna Banik SamaJ wherein petitioner No.2, the other trust was constituted on 12th August, 1927 for similar purpose in respect of 2 (two) students in a Medical College in Calcutta names as Carmichael Medical College Hospital now known as R.G. Kar Medical College & Hospital. Since the trusts donated such seats in the said Medical College such quota of seats are commonly known as doner's quota.3. It is an admitted position that the above members of such sponsored students will be available for the entire educational period, but not as par year. In other words, when the students of such quota are coming out after passing the medical ex...

income-tax Officer and ors. Vs. Jiyajeerao Cotton Mills Ltd.

Court: Kolkata

Reported in: (2000)164CTR(Cal)619,[2001]247ITR122(Cal)

1. This appeal is directed against the impugned judgment passed by the learned single judge dated March 3, 1983, whereby following the decision of the apex court in the case of Indian and Eastern Newspaper Society v. CIT : [1979]119ITR996(SC) , the learned single judge had taken the view that the reopening of proceedings under Section 148 of the Income-tax Act, 1961, was invalid, improper, baseless and without jurisdiction.2. The assessment for the assessment year 1971-72 was completed under Section 143(3) on March 27, 1974. Thereafter, a notice under Section 148 read with Section 147(b) had been issued for reopening of the assessment on the ground that the income had escaped assessment and the Income-tax Officer had information in this regard as provided under Section 147(b). While issuing the notice under Section 148/147(b) dated February 20, 1976, the Income-tax Officer had reasonable belief that in the original assessment, relief under Sections 80-I and 80J had wrongly been allowed...

Hindustan Poles Corporation Vs. Commr. of C. Ex. Overruled

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata

 ORDERArchana Wadhwa, Member (T)1. The controversy involved in both the appeals is as to whether the processes undertaken by the appellants for bringing into existence the resultant Stepped Transmission Poles amounts to manufacture under the provisions of Section 2(f) of the Act.2. The process adopted for the production of the Stepped Electric Poles, as given in their Memo of Appeal is as under :-2.1 The process adopted for such operation is that M.S. Welded Pipes of three different dia are purchased from open market and cut to required lengths. One end of the higher dia is heated red hot and reduced to shorter dia by hammering sufficient to make room for insertion of the pipe of the next lower dia in three parts which are then allowed to cool down under natural atmosphere whereby the joints of insertion get solidified resulting in forming a strong grip holding the inserted pipe of smaller dia firmly from dislocation. The joints are, thereafter, swaged by hammering and the points ...