Kolkata Court August 2000 Judgments
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Karnani Estates Limited and anr. Vs. the Municipal Commissioner, Calcu ...
Court: Kolkata
Decided on: Aug-31-2000
Reported in: (2001)1CALLT291(HC),2001(1)CHN559
1. The petitioner has challenged the distress warrant issued against the petitioner on the ground that the property situated at No. 52A, Shakespeare Sarani has since been transferred by it to one Smt. Jamuna Devi Karnani some times between 1969 and 1971 and, therefore, they are not liable for payment of tax. Mr. Mallick contends that the amount of tax sought to be recovered was for the period from the 2nd quarters 1976-77 till 4th quarters 1987-88. For the period till the coming into force of the Calcutta Municipal Corporation Act, 1980, the petitioner was liable. If at all, to pay tax with regard to occupier's share only and not beyond. Be that as it may, his other point was that no notice was, however, issued to the petitioner and the distress warrant was issued without any notice to him. In order to save execution of the distress warrant, ihe petitioner had issued 6 cheques in favour of the Calcutta Municipal Corporation representing an amount of Rs. 6 lakhs. These cheques have sinc...
Golam Mohammad and Etc. Vs. Supdt. N.R.S. Medical College and Hospital
Court: Kolkata
Decided on: Aug-31-2000
Reported in: 2001(2)ARBLR340(Cal)
ORDERAshok Kumar Ganguly, J.1. All these three writ petitions were heard together. The first two writ petitions are concerned with identical issues and insofar as the third writ petition is concerned the questions raised are a little different. Since in the first two writ petitions same questions are involved, they are taken up first.2. In Re : Din Mohammad -- The case of the writ petitioner is that pursuant to a tender notice dated 9-6-2000 the petitioner submitted a tender for supply of dietary articles for the Indoor patients of the Hospital with 1890 beds for the period from 1st July, 2000 to 31st March, 2001 or any further period extended by the appropriate authority. Along with the said tender a schedule of rates for different articles have also been appended.3. From the perusal of the schedule it will appear that the tender is invited in respect of various food items. The writ petitioner also asserts that he is an existing supplier. The main grievance of the writ petitioner is t...
Ceelo Engineering and Services (i) Pvt. Limited and anr. Vs. Assistant ...
Court: Kolkata
Decided on: Aug-30-2000
Reported in: (2001)IILLJ404Cal
Bhaskar Bhattacharya, J.1. In this writ application, an employer has challenged an order dated July 6, 1998 passed by the Assistant Labour Commissioner, West Bengal in exercise of his power under Section 4(1) of the West Bengal Payment of Subsistence Allowance Act, 1969 ('Act') and the consequent notice dated July 14, 2000 passed by the Certificate Officer for realisation of the unpaid amount of subsistence allowance payable to the private respondent No. 3. 2. On June 28, 1997 the petitioner No. 1 on the ground of alleged misconduct of the respondent No. 3 placed her under suspension pending enquiry. Subsequently, a charge-sheet dated July 3, 1997 was served upon her and she was asked to answer those charges. 3. The respondent No. 3 filed a civil suit being Title Suit No. 1983 of 1997 in the City Civil Court at Calcutta challenging the action of the employer and took out an application for temporary injunction restraining the employer from proceeding with the enquiry. But no ad interim...
Kamalandu Roy and ors. Vs. Calcutta Improvement Trust and ors.
Court: Kolkata
Decided on: Aug-30-2000
Reported in: (2002)IVLLJ270Cal
Ashok Kumar Mathur, C. J.1. Both these appeals arise out of an order passed by the learned single Judge dated December 5, 1991, whereby the learned single Judge has dismissed both the writ petitions filed by the appellants. Aggrieved against this order passed by the learned single Judge both these appeals have been preferred by the appellants. For convenient disposal of both these appeals it is necessary to narrate necessary facts. The petitioners are the employees of the Calcutta Improvement Trust and they retired from service prior to January 1, 1982. They prayed for a writ of mandamus against the Calcutta Improvement Trust under the Calcutta Improvement Trust Employees' (Death-cum-Retirement Benefit) Rules, 1988 (hereinafter referred to as 'the Rules of 1988'), for grant of benefit of pension scheme. It is alleged that all the employees should be granted the benefit of the pension scheme ignoring the cut-off date, i.e., January 1, 1982, appearing in Rule 1(2) in Chapter 1 of the sai...
The Oriental Insurance Co. Ltd. Vs. Smt. Bini Bala Mondal and ors.
Court: Kolkata
Decided on: Aug-29-2000
Reported in: II(2001)ACC45,2001ACJ1959,(2001)1CALLT150(HC)
ORDERA. Kabir, J.1. These two appeals have been preferred by the respective Insurers against the Judgment and Award dated 7th February, 1996 in Motor Accident Claim case No. 21 of 1992 and the Judgment and Award dated 11th December, 1996 in Motor Accident Claim case No. 13 of 1993, passed by the learned Judgment, Motor Accident Claims Tribunal, Purulia.2. Pursuant to a preliminary objection taken on behalf of the respondents, the two appeals were set down for hearing on the point of maintainability on identical grounds.3. Appearing on behalf of the respondents in both the appeals, Mr. Krishanu Banik, learned advocate, submitted that the appeals were not maintainable since no leave had been obtained by the Insurers in both the appeals from the Claims Tribunal under section 170 of the Motor Vehicles Act, 1988, to contest the claims made by the Claimants on merits on grounds other than those indicated in section 149(2) of the said Act. Mr. Banik urged that failure to obtain such leave ope...
Gmb Ceramics Limited Vs. Neycer India Limited
Court: Kolkata
Decided on: Aug-28-2000
Reported in: (2002)1CALLT150(HC),2001(1)CHN28
The Court 1. This is an application filed under Section 14(2) of the Arbitration Act, 1940 inter alia for an order directing the learned umpire to file his award dated June 23, 1999 and further praying for an injunction restraining the respondent, its servants, agents and assigns from filing the said award dated June 23, 1999 or causing the same to be filed with regard thereto in any Court other than this Hon'ble Court.2. The facts of the case briefly are as follows :-The petitioner for the purpose of setting up the factory for manufacture and production of the vitreous and sanitary were products applied and obtained term loan and financial assistance from the Industrial Finance Corporation of India in consortium with IDBI and ICICI (hereinafter referred to as the Financial Institutions) inter alia, on the terms and conditions contained in the respective agreements entered into between the parties. The respondent agreed to impart to the petitioner technical know how and expertise Inclu...
Yarn Syndicate Ltd. Vs. Dy. Cit
Court: Kolkata
Decided on: Aug-28-2000
Reported in: [2001]79ITD189(Cal)
ORDERN.K. Saini, A.M.This is an appeal filed by the assessee against the order of the Commissioner (Appeals) dated 30-11-1995.2. The grievance of the assessee vide this appeal is that the learned Commissioner (Appeals) erred in wrongly upholding the figure of deduction under section 80HHC at Rs. 198,62,147 against Rs. 3,94,62,341 claimed by the assessee.3. The assessee was of the view that even if the export operations resulted in a loss, it will not be adjusted with 10 per cent of the export incentive to arrive at the allowable deduction. The claim was rejected by the assessing officer and action of the assessee in ignoring the loss and taking at nil was not considered by the assessing officer in accordance with sub-section (3) of section 80HHC. The assessing officer was of the view that profit also means loss as in any other section of Income Tax Act.4. In the first appeal, it was submitted that section 80HHC(3) did not state that profit also included loss and proviso to section stat...
Kamal Prasad Singh Vs. Coal India Limited and ors.
Court: Kolkata
Decided on: Aug-25-2000
Reported in: (2001)2CALLT389(HC),2001(2)CHN25
1. The petitioner came up to this Court with a contention that copy of the enquiry report has been sent to the Appellate Authority, although. Appellate Authority has no roll in the matter of the disciplinaryproceeding against the petitioner as the disciplinary authority itself issued a charge-sheet and under the Rules only disciplinary authority can pass the final order. Reliance was placed on the document annexed to the writ petition in support of such contention.2. Heard Mr. P. Sengupta, learned counsel for the petitioner and Mr. A. Banerjee, learned counsel for the respondents. As the contentions have been made on the basis of the Rules admittedly applicable in the present case, the respondents agreed to disposal of the writ petition at this stage finally without filing any Affidavit-in-Opposition, though they do not admit the allegation made in the writ petition.3. The learned counsel for the petitioner contended that in the present case, the Chairman of the Bharat Coking Coal Limi...
Parry's (Cal) Employees' Union and Anr. Vs. Third Industrial Tribunal ...
Court: Kolkata
Decided on: Aug-25-2000
Reported in: [2001(89)FLR192],(2001)IILLJ39Cal
Bhaskar Bhattacharya, J.1. In this writ application an Employees' Union has challenged an award dated August 16, 1996 passed by the Third Industrial Tribunal, West Bengal in Case No. VIII-94 of 1984 thereby answering a reference made to it under Section 10 of the Industrial Disputes Act, 1947 in favour of the employer. The following disputes were referred to the Tribunal:'Whether retrenchment of workmen whose names are given in the attached list is justified? To what relief if any are they entitled to?'2. Pursuant to the retrenchment of 89 workmen of the Company, the aforesaid disputes were referred to the Tribunal. Before the Tribunal, both oral and documentary evidence were led by the parties and ultimately the Tribunal below by a detailed judgment held that the retrenchment was effected for bona fide reason and that the 'surplus' as pleaded by the Company was also bona fide. The Tribunal further arrived at a conclusion that all the formalities of retrenchment as provided in the Indu...
Rajasthan Guest House and ors. Vs. Calcutta Municipal Corporation and ...
Court: Kolkata
Decided on: Aug-24-2000
Reported in: AIR2001Cal65
ORDERDilip Kumar Seth, J.1. A notice under sub-section (2) of Section 192 of the Calcutta Municipal Corporation Act, 1980 was issued on 11th December, 1987 in respect of the premises concerned for amending the valuation with effect from 3rd quarter 1986-87. By an order dated 29th December, 1987 pursuant to the notice dated llth December, 1987 valuation was assessed at Rs. 2,75,130/- against which an appeal was preferred. In the meantime by an order dated 30th September, 1999 the said proceeding was disposed of. The proposed valuation at Rs. 2,75,130/-was ultimately reduced to Rs. 1,85,490/-after hearing. Against this order a writ petition was filed which was disposed of by directing the petitioner to prefer an appeal. Accordingly an appeal was preferred. The appeal was disposed of by an order dated 17th February, 2000. The operative part of that order shows that the appeal was allowed on consent and the impugned order dated 29th December, 1987 was set aside with the observation that CM...
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