Kolkata Court August 2000 Judgments
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Secretary (Policy), Regional Director (Food) Employees Association Vs. ...
Court: Kolkata
Decided on: Aug-04-2000
Reported in: (2001)ILLJ203Cal
S.B. Sinha, J.1. This appeal is directed against the judgment and order dated January 30, 1996 passed by the learned single Judge of this Court in C.O. No. 12456 (W) of 1996 on January 30, 1996, whereby and whereunder the said learned Judge allowed the writ application filed by the respondents herein questioning an order dated March 18, 1986 passed by the learned Presiding Officer, Central Industrial Tribunal in Reference No. 4 of 1981.2. The basic facts of the matter is not in dispute.The concerned employees were appointed by the respondents upon undergoing a selection process through a Selection Committee. 42 candidates appeared before the Selection Committee and out of them 39 were appointed. Complaints of irregularities of the selection were received by the Head Office of the first respondent herein and pursuant thereto an enquiry was conducted, whereafter, allegedly, on the ground of fraud having been practised upon the Corporation, certain employees were punished and the services...
Dr. Debi Prasad Pal Vs. General Manager, Calcutta Telephones (South) a ...
Court: Kolkata
Decided on: Aug-03-2000
Reported in: (2001)1CALLT34(HC)
A. Lala, J.1. Dr. Debi Prasad Pal, an eminent lawyer of this Court has filed this writ petition and moved before this Hon'ble Court in person challenging two notices being dated 10th September, 1998 and 22nd September, 1998 issued by Chief Account Officer (South) of Calcutta Telephones by which the petitioner was threatened to disconnect his telephone lines being No. 475-3934, 475-2177 and 474-9377 on account of the purported non-payment of total sum of Rs. 5,26,980/-.2. The contents of the notices are set out serially :Notice dated 10th September, 1998.No. CGM/LOP/EX-MP-4/97-98 Dated at Cal 19 the 10,09.98.Sub : Outstanding bills of Rs. 1,42,775/- against Delhi tel No. 371-8409 & Rs. 3,84,205/- against Consty tel No. 474-9377.Sir,We have been directed by GM(TR) MTNL, Delhi to take appropriate action according to Indian Telegraph Rules for realisation of outstanding telephone dues from Hon'ble Ex-MPs. In view of this we shall be constrained to withdraw the outgoing facility of your wor...
Corporation of Calcutta Vs. Prodyat Kumar Chowdhury and anr.
Court: Kolkata
Decided on: Aug-02-2000
Reported in: (2001)1CALLT279(HC)
S.B. Sinha, J.1. A suit was filed by the Calcutta Municipal Corporation hitherto before known as 'Corporation of Calcutta' against the Respondent for recovery of consolidated rates and taxes in respect of holding No. 15A. St. George Terrace. Hastings, Calcutta for the 4th Quarter of 1960-61 on the annual valuation of Rs. 33,480/-, The said suit had been dismissed by the learned trial Judge by reason of the impugned judgment.2. Mr. Anindya Mitra and Mr. Das Adhikari, learned Counsel appearing on behalf of the appellant in support of this appeal, inter alia, submitted that in terms of the directions contained in the Judgment & Order dated 10th November, 1976 passed by Ramendra Mohan Dutta. J. in Matter No. 411/76 the suit ought to have been decreed. The direction in the Judgment is as follows :--'This will not entitle the petitioner to ask for re-opening for assessment for any period which is prior to the period mentioned in the notice dated 12th June, 1965.'3. The Defendant No. 2 had fi...
Angshuman Roy and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-02-2000
Reported in: (2000)3CALLT486(HC)
D. P. Kundu, J.1. One late Amarendra Nath Roy was the owner of premises No.6A and 6B, Gour Mohan Mukherjee Street, Calcutta-6 (hereinafter referred to as the said premises). The said Amarendra Nath Roy died intestate on or about April 18, 1981 leaving behind his sons (1) Samiran Roy, (2) Arun Kumar Roy, (3) Samaresh Roy, (4) Ajoy Roy, (5) Ashoke Roy. (6) Soumitra Roy, (7) the petitioner No. 1, Angshuman Roy, (8) a daughter Mrs. Madhuri Pal and (9) a widow Smt. Rani Bala Roy, the petitioner No.2.2. A Notification under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act) was issued on April 24, 1976 declaring that the said premises along with certain other premises would be needed for public purpose namely for construction of a building for cultural activities in memory of Swami Vivekananda and were likely to be needed for the aforesaid purpose partly at the public expense and partly at the expense of Ramkrishna Mission, the respondent No.3. Late Amarend...
Mary Mendes Vs. Lytton Hotel and ors.
Court: Kolkata
Decided on: Aug-02-2000
Reported in: (2001)ILLJ666Cal
S.B. Sinha, J.1. This appeal is directed against the judgement and order dated April 4, 2000 passed by a learned single Judge of this Court in W.P. No. 145 of 2000, whereby and whereundcr the writ petition filed by the respondent herein had been allowed. However, as against certain findings the writ petitioner/ responcnt has also filed a cross-objection.2. The appellant herein, was an employee working in the respondent's hotel. Her services were terminated on May 2, 1995. A reference was made by the Appropriate Government to the respondent Tribunal on November 16, 1995. An application for maintenance and interim relief in terms of Section 15(2)(b) of the Industrial Disputes Act, 1947 was filed by the appellant herein on January 22, 1997 after the parties had filed their respective written-statements. The said application was allowed by the learned Tribunal in terms of his order dated November 10, 1997 whereby and whereunder the respondent was directed to pay 50% of the salary of the ap...
Smt. Rinkoo Mitra Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-02-2000
Reported in: (2003)2CALLT588(HC)
S.B. Sinha, J.1. The writ application filed by the appellant herein prayingfor the following reliefs: '(a) A writ of or in the nature of Mandamus do issue commanding the respondent authorities and their servants, subordinates and agents: - (i) Not to consider the application of late Jitendra Nath Roy and/or the respondents No. 5 to 9 for sanction to construct 2nd and 3rd floor on premises No. P-105, Block-D, Bangur Avenue, Calcutta without (the consent and/or without removing) the objection of the petitioner.(ii) To recall and/or cancel and/or rescind and/or the order of quash purported sanctioned dated 20.4.95 or any other date granted by the respondent authorities being respondent Nos. 1 to 4 for the construction of any additional floor on the existing structure of the premises No. P-105, Block-D, Bangur Avenue, Calcutta.(iii) To recall and/or cancel and/or rescind and/or quash the said illegal purported completion certificate dated 9.4.98 being annexure D herein.(iv) To consider the...
Assistant Cit Vs. Sekhar Gupta
Court: Kolkata
Decided on: Aug-02-2000
Reported in: [2001]79ITD192(Cal)
ORDERS. Chandra, J.M.This is an appeal filed by the department against the Commissioner (Appeals)s order dated 31-8-1992 for the assessment year 1990-91.2. The appeal is time barred by 2 days and on the basis of the application dated 22-12-1992, we condone the delay on merits and the appeal is admitted.3. The brief facts of the case are that the assessee had purchased a plot of land in January 1984 for a consideration of Rs. 32,292. Later, he constructed a dwelling unit in the said piece of land with a cost of Rs. 7,50,522 and the same was completed in the year of 1988. On 21-5-1989 the assessee has transferred the land as well as dwelling unit through two separate Registered Deeds for a sum of Rs. 2,50,000 and a sum of Rs. 7,50,000. In this case the long-term capital gain was Rs. 2,17,186. About the house property there was a short-term capital loss of Rs. 522. (Rs. 7,50,522 minus Rs. 7,50,000). But the claim of the assessee was not accepted by the assessing officer who made the addit...
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