Kolkata Court January 2000 Judgments

The Union of India and ors. Vs. Poddar Udyog Limited and anr.

Court: Kolkata

Reported in: (2000)2CALLT193(HC)

A. Kabir, J. 1. There will be an order in terms of prayer (a).For the sake of convenience and upon the consent of the parties the appeal and the stay application in respect of the order appeared against were taken up together for hearing and disposal.2. This appeal is directed against an order dated 26th November, 1998, whereby the learned single Judge disposed of the writ petitioner filed by the respondents herein, inter alia, by directing the Union of India, one of the appellants before us, to pay rent and/or occupation charges for the premises in question at the rate of Rs. 15.65p per square foot with effect from 1st September, 1992. Quantifying the amount payable on the said basis, the learned single Judge directed the Union of India to pay to the writ petitioners/respondents a sum of Rs. 3,37,46,798.40 paise, being the sum payable from 1st September, 1992, to 30th October, 1998, within 31st May, 1999. As to the execution of the lease agreement, the learned Judge observed that the ...

Binod Kumar Biyala Vs. the Regional Provident Fund Organisation, West ...

Court: Kolkata

Reported in: (2000)2CALLT443(HC),[2001(88)FLR216],(2001)ILLJ305Cal

B. Panigrahi, J. 1. This writ petition has challenged the validity, legality and the propriety of the arrest effected by the Respondent No. 2, the Recovery Officer. In a proceeding Initiated under section 8C of the Employees Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter be said as the said Act).2. The petitioner has, inter alia, claimed to have been appointed as paid Director in M/s. Loomtex Engineering (P) Ltd.. sometimes in the month of July, 1997 registered under the Companies Act, 1956 having Its registered office at 16, Bonfield Lane, 3rd floor, Calcutta-1. The Loomtex Company had taken the Caladonia Jute Mills, on licence, of Chittragunj pursuant to the order of this Court dated 21st November, 1997. It has been claimed by the petitioner that he had never any control over the affairs of the Loomtex Company and was merely a name lender to act as a Director of the said Company. Undisputedly the M/s. Loomtex Engineering (P) Ltd. has committed default in payment ...

Sri Kamlesh Purkait and anr. Vs. Sri Sambhunath Dey, Drug Inspector an ...

Court: Kolkata

Reported in: (2000)3CALLT424(HC)

D. P. Sengupta, J. 1. The revisional application (Criminal Revision No. 143 of 1997) is for quashing of a proceeding before C.R. Case No. 1169/ 96 under sections 27 and 28A of the Drugs and Cosmetics Act, 1940 now pending in the Court of Judicial Magistrate, Barasat, North 24 Parganas.2. The present petitioner No. 1 is the works Manager in M/s. Caplet India Private Limited, a company registered under the Companies Act and the petitioner No.2 is the chemist in the said company, which is engaged in manufacturing and sale of different kinds of medicines. Amongst its various products the company also manufacture 'Paracetamol i.P.500 mg.' tablets.3. The complainant Sri Sambunath Dey, inspector of Drugs (O.P. No.l herein) had taken samples of the said Paracetamol tablets of 2000 In numbers in four containers each containing 50 tablets from the District Reserve Stores, Chief Medical Officer of Health. Burdwan on 23rd December, 1992. The said samples were thereafter sent to the Government Anal...

Sri Naresh Chandra Saha and anr. Vs. the State and ors.

Court: Kolkata

Reported in: 2000CriLJ4793

ORDERMalay Kumar Basu, J.1. This is an application under Section 482, Cr.P.C. filed by Naresh Ch. Saha & Smt. Priyalata Saha against Smt. Kalpana Saha (O. P. No. 2) and the State of West Bengal (O. P. No. 1) for quashing of the Criminal proceeding being G. R. case No. 966 of 1998 pending before the Court of Sub-Divisional Judicial Magistrate, Srerampore under Section 498(A), I.P.C. The case of the petitioners is that Smt. Kalpana Saha lodged a complaint under Sections 498(A) and 406, I.P.C. before the S.D.J.M., Srerampore alleging that her husband and the in-laws who are the accused persons in the complaint, were perpetrating tortures, both physical and mental, upon her in various ways. The learned S.D.J.M. sent this complaint to police under Section 156(3), Cr.P.C. for investigation and submission of report. Thereafter a charge-sheet was submitted by police after investigation in that case against the accused persons including the two petitioners of the present case under Section 498(...

Apurba Sarkar and ors. Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Kolkata

1. The grievance of the applicants, in short, in this application is that they have been successful in the written examination and psychological and interview test, held on 4.1.98 and from 5.3.98 to 7.3.98 and 9.3.98 to 11.3.98 respectively for appointment to the post of Tr. ASM of Eastern Railway vide Employment Notice No. 1/ 97 (Annexure 'A'), by the respondents cancelled the written examination and psychological and interview test vide notification published in the Employment News dated 10-16th October, 1998. Hence, they have come before this Tribunal challenging the validity of the notification dated 10-16th October, 1998(Annexure 'B') for holding fresh examination for the said posts of Trainee Assistant Station Master on the ground that the order of cancellation is illegal, arbitrary and violative of the principle of natural justice. The applicants also sought for direction upon the respondents to finalise the panel and give appointment on the basis of the written examination the...

Puspa Rani Chakrabarty and ors. Vs. Allahabad Bank and ors.

Court: Kolkata

Reported in: [2000(85)FLR931],(2000)IILLJ681Cal

Ashok Kumar Mathur, C.J.1. During the pendency of the appeal, the appellant-employee died and his heirs and legal representatives were brought on record.This is an appeal directed against the judgment, dated March 19, 1981, passed by the learned single Judge in C.R. No. 9873 (W) of 1978, whereby the learned single Judge dismissed the writ petition holding that whether the age given in the matriculation certificate is the correct date of birth or given in service record, are all questions of fact which this Court under Article 226 of the Constitution would not inquire.2. Brief facts which are necessary for disposal of this appeal are that the petitioner-appellant retired from service of Allahabad Bank in December 1978 on attaining the age of superannuation after having been given two extensions of one year each. The writ-petitioner filed the present petition for a direction to the bank to correct his date of birth in service record in conformity with the matriculation certificate. The a...

Tapas Chakraborty and ors. Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Kolkata

1. In this original application filed under Section 19 of the Administrative Tribunals Act, 1985, the 11 applicants have prayed for the following reliefs: (i) For a direction upon the respondents to give appointment to the applicants to the post of D-2 Khalasi as has been given to the persons whose appointments were cancelled by the Hon'ble Tribunal but were allowed by the respondents to retain in service as D-2 Khalasi (ii) For an order quashing and/or setting aside the office order dt. 7.1.94 made Annexure this application and also memo dt. 14.10.93 (Annexure-E).2. In order to understand the grievance of the applicants, it is necessary to state the facts in some details as under: The respondent CLW authorities issued an employment notice No. D/2/85 dated 18.12.85 calling for applications for formation of a panel for filling up of 400 Group D posts for posting outside the workshop in various departments under the respondents, commonly known as D-2 Khalasi. The break up of vacancies w...

Ravi Maharia Vs. Reliance Petroleum Limited and ors.

Court: Kolkata

Reported in: (2000)1CALLT321(HC),2000(1)CHN439

B. Bhattacharya, J.1. This is an application for recalling my order dated June 24, 1999 passed In A.S.T. No. 2244 of 1999 by which I rejected the said revislonal application under section 115 of the Code of Civil Procedure preferred against Order No. 9 dated June 3, 1999 passed by the learned Judge, 3rd Bench, City Civil Court, Calcutta in Title Suit No. 2056 of 1998 as not maintainable.2. The present petitioner instituted the aforesaid Title Suit No. 2056 of 1998 for declaration and injunction and in the said suit filed an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure thereby praying for the following reliefs :--'(a) Mandatory Injunction be Issued directing the opposite party Nos. 1 & 2 to Issue a debentures certificate in the name of the petitioner after transferring the same from the earlier holders of the Debentures. (b) Temporary Injunction be Issued restraining the Opposite Party Nos. 1 & 2 from Issuing any debenture and/or paying the financial and other...

Commissioner of Income-tax Vs. Hari Finance and Trade (P.) Ltd.

Court: Kolkata

Reported in: (2000)160CTR(Cal)435,[2000]243ITR465(Cal)

1. On an application under Section 256(1) of the Income-tax Act, 1961, the Tribunal has referred the following common question for the assessment years 1981-82 and 1982-83 for our opinion :'Whether, on the facts and in the circumstances of the case and on a correct interpretation of Section 40A(8) of the Income-tax Act, 1961, the Tribunal was justified in law in holding that Section 40A(8) of the said Act is not applicable on the interest paid on the surplus of current account of the director, Shri H. P. Lohia ?' .2. The matter was listed 2/3 times. None appeared for the assessee. We proceed to hear learned counsel for the Revenue. Heard learned counsel for the Revenue.3. The assessee is Hari Finance and Trade (P.) Ltd. and the assessment years involved are 1981-82 and 1982-83. During the course of assessment, the Assessing Officer has noticed that interest has been paid to one Shri Hari Prosad Lohia, on his deposit with the assessee-company. The Income-tax Officer disallowed 15 per ce...

BahauddIn Ahmed Vs. S.M. Zafrullah and anr.

Court: Kolkata

Reported in: 2000CriLJ3757

Malay Kumar Basu, J.1. This is an application under Section 482, Gr.P.C. filed by one Bahauddin Ahmed against S.M. Zafrullah and the State of West Bengal for quashing of the proceeding being the Complaint Case No. C-2378/98 pending before the Court of Chief Judicial Magistrate, 24 Parganas (South). The relevant facts leading to this application are as follows. S.N. Zafrullah, the O.P. No. 1 of this case lodged a complaint under Section 200, Cr.P.C. before the Chief Judicial Magistrate, 24 Parganas (South) against this petitioner (i.e. the accused of the case) alleging therein that the O.P. No. 1 gave him a sum of Rs. 70,000/- by way of loan on 20.4.1998 on his assurance that he would repay the same as and when asked for. The petitioner-accused in discharge of his liability issued a cheque bearing No. 147492 dated 20.6.1998 for a sum of Rs. 70,000/- drawn on Allahabad Bank, Hazra Road Branch, Calcutta in favourof the O.P. No. 1. The O.P. No. 1 then, placed that cheque before his Banker ...