Kolkata Court May 2000 Judgments

Smt. Bratasree Biswas Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Kolkata

1. The question before us is whether the applicant who has been allowed to reside in one room of the Hostel in the public interest is entitled to get house rent allowance in accordance with the House Rent Allowance Rules applicable to the Central Government. According to the applicant, she was appointed in the capacity of Lady Superintendent in the scale of Rs. 1350-2200/(PR) in the office of the Director, All India Institute of Hygiene and Public Health, Calcutta under the control of Government of India in the Ministry of Health and Family Welfare (Department of Health) Nirman Bhawan, New Delhi, the applicant was provided with residential accommodation from the Central Government General Pool accommodation at the initial stage of her appointment as she was junior to be considered for allotment of the Govt.accommodation immediately after joining the post. Accordingly, she was staying for the time being in the Lady Hostel and she was provided with a room which is meant for the students...

Saroj Kumar Poddar Vs. Joint Commissioner of Income-tax

Court: Income Tax Appellate Tribunal ITAT Kolkata

Reported in: (2001)77ITD326(Kol.)

1. This appeal filed by the assessee involves only one issue viz.whether the receipt of Rs. 8 crores by the assessee from The Gillette Company of U.S.A. (hereinafter called "Gillette") would constitute his income or will have to be treated as capital receipt.2. The Assessing Officer discusses in the assessment order that the Balance-sheet of the assessee disclosed an amount of Rs. 8,00,00,000 as receivable from Gillette. In response to the query raised by the Assessing Officer, the assessee filed details and stated that by virtue of a non-compete agreement dated 18-1-1996 between the assessee and Gillette, the sum of Rs. 8 crores became receivable by the assessee from Gillette. The facts of the case as may be culled from the orders of the authorities below, arc being narrated as under.The assessee had earlier collaborated with Gillette to set up an Industrial Unit in India for manufacturing and marketing shaving blades and other shaving products manufactured by Gillette in U.S.A. The ...

Pradip Kumar Banerjee and ors. Vs. Union of India and ors.

Court: Kolkata

Reported in: (2000)3CALLT185(HC),[2002]108CompCas692(Cal),[2001(89)FLR820]

K.J. Sengupta, J.1. In this writ petition the petitioners have challenged the Resolution of 50th Board Meeting of the respondent company circulated by the reference being No. GS-I/IAL/(50)/99 dated 6th January, 2000 whereby the respondent company has rolled back the retirement age of the employees below the board level from 60 years to 58 years. Incidentally it is mentioned that on or about 27th May, 1998 in its 39th Board Meeting pursuant to the direction given by the Central Government the respondent Corporation decided to fix the retirement age of the employees below the board level at 60 years in place of 58 years. Accordingly necessary amendment in the service regulation was incorporated and has been acted upon. The decision of rolling back with regard to retirement age has been taken pursuant to an exemption granted by the Central Government in terms of subsequent notification dated 21st August 1998.2. Mr. Saktinath Mukherjee, learned senior advocate appearing on behalf of the pe...

Indian Oil Corporation Ltd. and Anr. Vs. Indian Oil Corporation Mainte ...

Court: Kolkata

Reported in: (2000)3CALLT288(HC),[2001(88)FLR850],(2001)ILLJ643Cal

S.B. Sinha, J. 1. The jurisdiction of this Court to direct the appropriate Government to issue a notification under section 10(1) of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter called and referred for the sake of brevity of this case as 'the said Act') and to further direct the Appellant herein to absorb the writ petitioner respondents is in question in this appeal.2. The writ petitioners who were 171 in numbers filed an application under Article 226 of Constitution of India before this Court marked as C.O. No. 6268(W) of 1990 praying for the following reliefs :--'(a) A writ in the nature of Mandamus commanding the respondents to absorb the petitioners permanently in the regular establishment and to extend all service benefits as enjoyed by similarly circumstanced employees who are under the regular establishment of them; (b) A writ in the nature of Mandamus commanding the respondents not to appoint any staff like the petitioners directly until and unless the ...

Satya Charan Chaunder and ors. Vs. Sm. Kamala Dey and ors.

Court: Kolkata

Reported in: (2000)3CALLT539(HC)

S.B. Sinha, J.1. The plaintiffs are the appellants. They filed a suit for administration and partition claiming inter alia, the following reliefs; (a) Administration of the Trust Estate created by the Registered indenture dated 18th April, 1934 as mentioned in the plaint: (b) Scheme be framed for carrying out the objects and purposes of the said Trust and proper management of the Trust estate including the turn of worship of the plaintiff deities to be performed by the shebaits under the said indenture dated April 28, 1934: (c) Accounts be taken of the debts and/or liabilities of the said Narayani Dassi deceased to the said Trust Estate and decree for such sum as may be found due thereupon in favour of such the parties herein as may be entitled to; (d) Perpetual injunction restraining the defendants Nos. 1 to 7 and each of them, their servants agents and/or assigns from realising rents, issues and profits from the premises No. 224, Cornwallis Street, Calcutta now know as 224, Bidhan...

Narayan Prasad Lohia Vs. Nikunj Kumar Lohia and ors.

Court: Kolkata

Reported in: (2000)3CALLT177(HC),2000(2)CHN250

V.K. Gupta. J.1. This appeal is directed against the Judgment and Order dated 17th November 1998 passed by the learned single Judge of this Courtin A.P. No.53 of 1998 whereby the application filed by the Respondents for setting aside the award was allowed and the award was set aside by the learned single Judge. The Respondents in the application for selling aside the Award had sought a declaration that the arbitral award made and published by the two Arbitrators was void and invalid, unenforceable and not binding on the parties and had accordingly sought the relief of setting aside of the said award and for passing of the consequential orders. The award in question appears to have been passed by the Arbitrators, Sri S. S. Jain and Sri P. K. Khaitan. It appears to have been passed on 6th October, 1996. How did the Arbitrators come to be appointed in the very first place, whether there was In existence any arbitration agreement providing for their appointment, and whether any reference h...

M/S. Thisa (India) Private Ltd. and anr. Vs. Smt. Anjali Devi Jajodia

Court: Kolkata

Reported in: (2000)3CALLT331(HC)

S.B. Sinha. J. 1. The tenant-defendant is the Appellant. An ex-parte decree dated 29.12.96 for eviction of the defendant was passed against him, inter alia, on the ground that despite an order made under section 17(2A) of the West Bengal Premises Tenancy Act wherein the petitioner was found to be a defaulter to the extent of a sum of Rs. 14,70,250/- and despite the fact that in a revision application marked as C.O.No. 1286(W) of 1995, this Court by an order dated 19.2.96 directed the petitioner to pay half of the amount within six months from the date thereof and the remaining half in 10 equal monthly instalments after payment of the first instalment; failed and/or neglected to pay the same. The suit was fixed for ex parte hearing. An application had been filed under section 151 of the Code of Civil Procedure on 30th September, 1996 praying for recalling the order fixing the suit for ex parte hearing dated 19.9.96 however, was rejected by the learned trial Court, stating :--'A perusal ...

Nurul Islam Vs. the State of West Bengal and ors.

Court: Kolkata

Reported in: (2000)3CALLT355(HC)

S.B. Sinha, J.1. The petitioner is a practising advocate. In terms of Legal Aid to the Poor (West Bengal) Rules, 1974 an advertisement was issued on 4.6.1974 for the purpose of appointment of Member-Secretary of the District Legal Aid Committee having a consolidated salary of Rs. 500/- per month, pursuant whereto, the petitioner applied for and eventually appointed.2. In this year 1976, a recruitment rule was framed in terms of the proviso appended to Article 309 of the Constitution of India whereby and whereunder the said post became a gazetted one and the controlling officer whereof was the District Magistrate. The Member-Secretary appointed under the said rule was to receive emoluments on the scale of pay fixed thereby Pursuant to the said rules, a fresh advertisement was Issued on 11.11.1976. The petitioner applied for and was selected provisionally. But he was not finally appointed. He, however, discharged the duties of the Member-Secretary.3. In January, 1981, the scheme for fron...

Bhag Narayan Ram Vs. Sri Manik Sarkar and anr.

Court: Kolkata

Reported in: I(2001)ACC215,2001ACJ1235,(2000)3CALLT350(HC),[2001(88)FLR722],(2001)ILLJ660Cal

M.H.S. Ansari, J. 1. The instant appeal is preferred by the workman aggrieved by and dissatisfied with the order dated 12th February, 1998 passed by the learned Commissioner, Workmen's Compensation, West Bengal in Claim Case No. 647 of 1996 whereby and whereunder the workman was awarded compensation in the sum of Rs. 24,199/- and the Insurance Company was directed to deposit the sum within one month from the date of the said order.2. Brief facts of the cases are that the applicant is a 'Khalasi' of the motor vehicle bearing No. WB-23/1319. He is said to have sustained injury in an accident which occurred on 19th August, 1996 and claimed compensation for 100% loss of earning capacity. The accident occurred when the truck WB-23/1319 capsized due to reckless driving of the driver. The compensation has been awarded by assessing the loss of earning capacity as 20% when the claim was for 100% disability. The monthly wages has been determined at Rs. 1,000/- p.m. and the age of workman at the ...

M/S. Tanusree Art Printers and anr. Vs. Rabindra Nath Pal

Court: Kolkata

Reported in: (2000)3CALLT412(HC)

M.H.S. Ansari, J. 1. I had the benefit of reading the judgment of my learned Brother Sinha, J. in agreeing with the conclusions to the effect that the appeal in the instant case is maintainable under Clause 15 of the Letters Patent, 1 wish to state my own reasons therefor, as under:2. The matter has been referred to the Special Bench for considering the correctness of the Division Bench Judgment of this Court in M/s. Merchants of Traders (P) Ltd. v. M/S. Sarmon Pvt. Ltd.. reported in (1997)2 CAL LT 38(HC). By the said Judgment, the Division Bench held that the appeal preferred against an order of a learned single Judge of this High Court is not maintainable under Clause 15 of the Letters Patent. The learned single Judge by his order under appeal before the said Division Bench had granted conditional leave to defend the suit in terms of Order 37 Rule 5 of the Code of Civil Procedure. In coming to the said conclusion, the Division Bench had followed the ratio' of the earlier Division Ben...