Kolkata Court February 2000 Judgments
Central Bank of India Vs. Vikram Singh Baxla
Court: Kolkata
Decided on: Feb-16-2000
Reported in: (2000)2CALLT39(HC),[2000(86)FLR15],(2000)IILLJ349Cal
S.K.Sen, J. 1. The two appeals are directed against the Judgment and order dated August 26, 1998 allowing the writ petition No.293 of 1998 and Judgment and order dated August 21. 1998 dismissing the application for review passed by Altamas Kabir, J. In the writ petition, the writ petitioner/ respondent challenged a decision of the respondent No. 3, Chief Manager, Central Bank of India, Main Office, in the capacity of disciplinary authority to inflict the punishment of dismissal from service by order dated January 12, 1998. The said order clearly records that disciplinary authority did not concur with the findings of the Enquiring Officer and recording reasons therefor passed an order of dismissal. By the said order, a punishment of dismissal was inflicted upon the writ petitioner/respondent, although no Indication in the said order with regard to the compliance of the procedure has been given as provided in the Disciplinary action procedure of Central Bank of India. The learned single ...
Tag this Judgment!Nissho Iwai Corporation Vs. Veejay Impex and ors.
Court: Kolkata
Decided on: Feb-16-2000
Reported in: AIR2000Cal207,(2000)2CALLT238(HC)
1. This application has been taken out by the defendant No. 1 asking amongst other for revocation of Leave under Clause 12 of the Letters Patent granted by this Court before institution of the suit. The suit has been filed by the plaintiff above-named praying following reliefs :-(a) Declaration that the plaintiff did not enter into any arbitration agreement with the defendant No. 1 and/or any of the defendant Nos. 1,2,3 and 4; (b) Declaration that- (i) Composite Agreement of Assignment and Arbitral Adjudication of disputes dated December 15,1997. (ii) Alleged letter dated December 10,1997 addressed by the defendant No. 2 to the plaintiff, and. (iii) Alleged registered letter No. 4707 sent to the plaintiff, mentioned in paragraph 10 of the plaint did not constitute any arbitration agreement: (c) (i) Composite Agreement of Assignment and Arbitral Adjudication of disputes dated December 15,1997. (ii) Alleged letter dated December 10,1997 addressed by the defendant No. 2 to the plaintiff, ...
Tag this Judgment!Md. Roushan Ali Shaikh Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-16-2000
Reported in: (2000)2CALLT480(HC)
B. Bhattachatya, J.1. This second appeal is at the instance of a plaintiff tn a suit for declaration of title and permanent Injunction and is directed against the judgment and decree dated June 3. 1980 passed by the learned Additional District Judge, 12th Court, Alipore in Title Appeal No. 413 of 1978 thereby affirming those dated March 29, 1978 passed by the learned Munsif, 1st Court. Diamond Harbour in Title Suit No.8 of 1977.2. The aforesaid Title Suit No. 8 of 1977 was initiated by the present appellant for declaration of title and permanent injunction against the State of West Bengal and the case made out by the plaintiff was inter alia asfollows :--3. The property originally belonged to one Harihar Sarkar, who was holding rayati interest. The father of the present appellant executed a registered kabuliyat by which he agreed to take settlement from 21st Chaitra, 1361 B.S. corresponding to April 4, 1955 and expiring with the month of Magh 1362 B.S. According to the plaintiff after ...
Tag this Judgment!Gajanand Commercial Pvt. Ltd. Vs. Shree Krishna Trading Co.
Court: Kolkata
Decided on: Feb-15-2000
Reported in: (2000)2CALLT323(HC)
The Court This is an application under a Judge's summons praying, Inter alia, :'(a) The order dated 13th May, 1998 passed by the Hon'ble Justice Amitava Lala in C.P. No. 310 of 1997 (Gajanand Commercial Pvt. v. Sree Krishna Trading Company) be recalled, rescinded, modified and/or varied; (b) Ad interim orders in terms of prayer above: (c) Costs of and incidental to this application be borne by the respondent company as also the petitioning creditor; (d) Such further or other order or orders be passed and/or direction or directions be given as to which this Hon'ble Court may deem fit and proper', 2. The Judge's summons taken out by one Shri Saroj Kumar Banerjee with a supporting affidavit dated 19th December, 1998.3. Applicants herein are different companies, when, such Shri Saroj Kumar Banerjee filed his affidavit of competency by describing himself as partner of Messrs N.C. Banerjee & Sons working for gain, inter alia, at 34A, B.K. Pal Avenue, Calcutta-700 005.4. It is not very clear ...
Tag this Judgment!M/S. Inland Construction Company Vs. Union of India
Court: Kolkata
Decided on: Feb-15-2000
Reported in: (2000)2CALLT374(HC)
The Court 1. This is an application for vacating and recalling the order passed by this Court on 17th June, 1991 in A.P. No, 117 of 1999 which is as follows :--'This is an application under section 11(5) of the Arbitration & Conciliation Act, 1996. The contention of the petitioner Is that although the demand was made to comply with the formalities for appointment of arbitrator In the dispute In between the parties, but the authorities concerned, being the respondent herein, did not adhere to give due concurrence to such demand for the purpose of appointment of arbitrator; as a result whereof the Jurisdiction of this Court has been invoked.It appears from sub-section (2) of section 11 of the Act that subject to sub-section (6), which is not the subject matter herein, parties are free to agree on a procedure for appointing arbitrator or arbitrators. Sub-section (5) prescribes for falling in agreement referred to in sub-section (2) in on arbitrator with a sole arbitrator. If the parties f...
Tag this Judgment!Dr. S.K. Shom Alias Subodh Kumar Shome Vs. Sri Jagadish Chakraborty
Court: Kolkata
Decided on: Feb-15-2000
Reported in: (2000)3CALLT15(HC)
S.N. Bhattacharjee, J.1. In this appeal the Judgment and decree dated 21.3.96 passed by the learned Civil Judge (Senior Division) 10th Court, Alipore in Title Appeal No. 264 of 1995 affirming the Judgment and decree dated 30.6.95 passed by the Civil Judge (Junior Division) 2nd Court, Alipore in Title Suit No. 393 of 1987 has been impugned.2. The following questions Involving substantial points of law have been formulated by the Appellant in the Memo of Appeal :--(i) whether the desire of the landlord to stay with his only son and son's wife living in a separate flat elsewhere taken on rent by the landlord himself is a reasonable requirement under the West Bengal Premises Tenancy Act, 1956 (hereinafter referred to as the said Act) as held concurrently by learned Courts below? (para XIV, XXII, XXIII); (ii) whether the finding of the Courts below that the respondent or his family members reasonably required a room as a Thakurghar not being borne out by evidence on record is perverse and l...
Tag this Judgment!Swapan Kumar Mukherjee Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-15-2000
Reported in: (2000)3CALLT62(HC)
A. Lala, J.1. Common question is involved in respect of aforesaid two writ petitions. Therefore, a factual aspect of both the writ petitions have considered at a time for the purpose of determining the issue involved and the judgment delivered hereunder which will have binding effect in respect of both the writ petitions as above.2. The fact of the first case is that the father of the petitioner was an Assistant Teacher of a Primary School, was expired when he was working in extension of service. The death took place on 8th April, 1996. The application was made by the petitioner for giving service under the compassionate ground on 21st May, 1996 well within the specified time.3. An explanation was given by the petitioner about the economic distress by showing the monthly income of Rs. 6,600/- which would be evident from the certificate issued by the concerned Gram Panchyat of the District.4. The petitioner further contended that by virtue of a circular being No. 457-Edn(P)4A-50/83 date...
Tag this Judgment!Chandra Kanti Bag and ors. Vs. Chandidas Mitra and ors.
Court: Kolkata
Decided on: Feb-14-2000
Reported in: II(2000)ACC508,(2000)2CALLT427(HC)
1. In terms or the order dated 14th October, 1999, both the application for stay as also the appeal are taken up for hearing together. It may be indicated that this appeal was preferred pursuant to the leave granted to the appellants who had not been made parties to the writ application which had been filed by the Respondent No. 1. Such leave was granted on the ground that the order passed by the learned single Judge also affected the appellants who were the existing operation on the route in question. 2. The case made out in the writ petition is that the writ petitioner's application for grant of a permanent stage carrlge permit on Routs No. 71, which commences from Howrah Maldnn and ends at Salt Lake after passing through Sealdah, had not been considered by the Regional Transport Authority. Howrah on account of a confusion which had arisen as to whether the Regional Transport Authority. Howrah, or the Regional Transport Authority. Calcutta region, was entitled to grant such permit, h...
Tag this Judgment!Debjani Bose Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-14-2000
Reported in: (2000)2CALLT435(HC)
M.H.S. Ansari. J. 1. In the instant writ application, the petitioner has questioned the order dated 3.4.1998 passed by the Chairman, Calcutta District Primary School Council, whereby the claim of the petitioner for appointment on compassionate grounds under the died-in-harness category was rejected.2. The case of the petitioner is that his mother was an Assistant Teacher and died-in-harness on 12.10.1990. The petitioner was then a minor (14 years of age). An application was made on 29th April, 1992 on behalf of the petitioner by his father for granting employment to the petitioner who was then aged 16 years. The said application was made to the District Inspector of Schools (SE), Calcutta and by another application dated 28.9.1992 the father of the petitioner made a similar prayer to the Chairman, District Primary School Council. It is also staled that by a memo NO.1014/PC dated 28.9.92 permission was granted to the school in question i.e. the St. Paul's School (Primary Section) to fil...
Tag this Judgment!ispat Industries Ltd. and anr. Vs. Union of India and ors.
Court: Kolkata
Decided on: Feb-03-2000
Reported in: (2000)2CALLT333(HC)
Y.R. Meena. J.1. This appeal has been directed against the Judgment of a learned single Judge dated 5th August, 1999. The appellant prayed that the Impugned order dated 5th August. 1999 be set aside and the respondents be restrained from converting the outstanding loans granted out of the Steel Development Fund, into equity shares and steps be taken for recovery of loan advanced out of the Steel Development Fund and case of the petitioner/appellant should be considered for loan.2. The petitioner company is engaged In the manufacture of steel on large scale and for that purpose it has set up a latest available plant. In this connection appellant company has invested huge capital running into thousand crores of rupees. The second petitioner ts a director and a shareholder of the first petitioner and is a citizen of India.3. The iron and steel at one point of time, were essential commodities and were governed and controlled under the provisions of the Essential Commodities Act. In exercis...
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