Kolkata Court September 2000 Judgments
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Bata India Limited Vs. the Learned Commissioner, Workmen's Compensatio ...
Court: Kolkata
Decided on: Sep-22-2000
Reported in: II(2001)ACC4,2001ACJ1074,(2001)1CALLT268(HC),[2001(89)FLR525],(2001)ILLJ670Cal
A. Kabir, J.1. These two appeals have been taken up together for hearing and disposal as common questions of law and fact are involved.2. The first of the two appeals is directed against the Judgment and order dated 28th July, 1999, passed by the Commissioner for Workmen's Compensation. West Bengal, Calcutta, in Claim Case No. 154 of 1993, while the other appeal is directed against the Judgment and order dated 30th July, 1999, passed by the said Commissioner in Claim Case No. 48 of 1994.3. In the first matter, the Commissioner held that the claimant was entitled to get compensation amounting to Rs. 37,520/- as per the amended provisions of the Workmen's Compensation Act, 1923. A similar order was passed in the second matter wherein also compensation was assessed on the basis of the amended provisions of the aforesaid Act.4. Appearing on behalf of the appellant Company, Mr. Chunilal Ganguli submitted that by virtue of the Workmen's Compensation (Amendment) Act, 1995, section 4 of the Pr...
Bimalendu De and Etc. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Sep-21-2000
Reported in: AIR2001Cal30
Ashok Kumar Mathur, C.J.1. This public interest litigation being T. No. 1285 of 2000 as well as the appeal being MAT No. 2731 of 2000 arising out of interim order passed in A.S.T. No. 2879 of 2000 as well as the writ petition being Tender No. 1285 of 2000 involve common question of law, therefore they are being disposed of by the common order. In the public interest litigation filed by Bimalendu De it has been prayed that a writ of Mandamus be issued against the respondent No. 1 from prohibiting transmission of two programmes namely 'Kaun Banega Crorpati' by Star T.V. and 'Jackpot Jeeto' by Zee T.V. In the writ petitions filed by the petitioners almost identical prayers have been made but in addition 'Fashion Show' has also been prayed to be prohibited.2. After filing this public interest litigation a notice was issued and the matter was pending before this Division Bench, this writ petition (AST No. 2879 of 2000) was filed before the Learned Single Judge by Devasmita Sridhar in which ...
Nandini Chatterjee Vs. Arup Hari Chatterjee
Court: Kolkata
Decided on: Sep-20-2000
Reported in: AIR2001Cal26
ORDERMalay Kumar Basu, J.1. By this petition under Section 24 of the Code of Civil procedure the applicant Smt. Nandini Chatterjee has prayed for transfer of the Acts (VIII) Case No. 247/96 from the Court of Additional District Judge, 5th Court Alipore to any other Court of competent jurisdiction. The grounds on which such a transfer has been sought for may be summarised as follows.2. While the above case was pending before the said Court of Additional District Judge, Alipore, O.P. husband Arup Chatterjee filed a petition praying for interim custody of their minor daughter, Anusua Chatterjee, where against the petitioner wife filed a written objection on September 30, 1999. The Presiding Officer of that Court Shri Tushar Bhattacharya who had joined that Court that every month, that is, September, 1999 while dealing with that the petition of the O.P. husband passed orders on different occasions which were not favourable to her and which according to her suffered from various infirmities...
Falakata Industries Ltd. and ors. Vs. Addl. District Magistrate and Di ...
Court: Kolkata
Decided on: Sep-18-2000
Reported in: (2001)1CALLT226(HC)
ORDERD.K. Seth, J.1. Petitioner claims non-agricultural tenancy in respect of the land and therefore he claims that he cannot be evicted by reason of lease granted to him in 1980.2. The definition 'land' was substituted by Act 50 of 1981 being the West Bengal Land Reforms (Amendment) Act, 1981. The said definition reads as follows :'Section 2(7) :-- 'Land' means land of every description and includes tank, tank fishery, fishery, home-stead or land used for the purpose of live-stock breeding, poultry firming, dairy of land, comprised in tea garden, milll, factory, workshop, orchard, hat, bazar, ferri tolls or land having any other sairati interest and any other land together with all interests and benefits arising out of land and things attached to the earth or permanently fastened to anything attached to earth.'3. Thus, by reason of such amendment land of all description having since been included with effect from the date of coming into operation of the said amendment Act being 7th of...
T. Poppan and anr. Vs. Karia Gounder and ors.
Court: Kolkata
Decided on: Sep-18-2000
Reported in: AIR2001Cal42,(2001)1CALLT389(HC)
K.J. Sengupta, J.1. This appeal and the Cross-Objection are taken up for hearing for convenience sake inasmuch as the question of law involved in both the matters are identical.2. The plaintiffs-appellants filed a suit against the defendant No. 1 for decree for specific performance for sale of an immovable property being a single-storied house standing on Survey No. 250, measuring an area of 500 sq. mt. situated at Dollygunj in Port Blair Tahsil, South Andaman, Andaman District (hereinafter referred to as the 'said property'). After filing of the suit, it was discovered that the said property was sold to defendant No. 3. So, plaint, was amended and thereby the aforesaid claim was changed by the plaintiff asking relief for specific performance of the contract against the defendant No. 3 and for declaration that the aforesaid sale being null and void and for perpetual injunction for obtaining possession of the said property. The defendant No. 2 was impleaded as party, since at the timeof...
Commissioner of Income-tax Vs. Agarwal Hardware Works Pvt. Ltd.
Court: Kolkata
Decided on: Sep-18-2000
Reported in: [2001]248ITR155(Cal)
1. This is an application for leave to appeal under Section 260A(1) of the Income-tax Act, 1961, made by the Department against an order of the Tribunal dated January 17, 2000, refusing to condone the delay of some eight days made by the Department in preferring the appeal. 2. Mr. Mullick appearing in support of the application sought to raise a point that in fact, there was no delay, because service of the order on the appropriate Commissioner was not made at all as required by Section 253, Sub-section (3), of the said Act 3. We do not decide the case on this point, and we do not even permit it to be argued, because the Tribunal had no chance even to consider this argu-ment. 4. Section 260A(1) reads as follows : 'An appeal shall lie to the High Court from every order passed in appeal by the Appellate Tribunal, if the High Court is satisfied that the case involves a substantial question of law.' 5. We were in some doubt about the order of the Tribunal being at all an order in appeal. 6...
Andaman Wood Products India Pvt. Ltd. and ors. Vs. Union of India (Uoi ...
Court: Kolkata
Decided on: Sep-18-2000
Reported in: AIR2001Cal61
ORDERK.J. Sengupta, J.1. By this writ application the petitioners have asked for relief for declaration that they are not liable to pay octroi/ terminal tax in view of the exemption given under para 3(f) of the Port Blair Municipal Council Octroi/Terminal Tax Bye-Laws framed under the Andaman and Nicobar Municipal Regulations, 1994 and the Municipal authorities are not authorised to realise the terminal/octroi tax from the petitioners or their members. A further challenge has been thrown to the notification dated 21st May. 1993, issued by the Lieutenant Governor for realising of octroi/terminal tax from the petitioners in exercise of his power under Section 71(6) of the Andman and Nicobar Islands (Municipal Boards) Regulation, 1957, contending the same being ultra vires and unconstitutional. The writ-petitioners have also prayed for further relief for refund of the terminal/octroi tax in so far as the S.S. 1, Units are concerned and the units at Port Blair within the jurlsdictlon of Mu...
Sri Dabir Mondal Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-15-2000
Reported in: (2001)1CALLT110(HC),2000(2)CHN695
P.K. Samanta, J.1. A question that was decided by the learned single Judge in a case reported in 99 CWN, 427 (Menoka Halder & Others v. State & Ors.) requires answer afresh by the Division Bench of this Court for the reasons stated hereinafter.2. To appreciate the question which arises out of the facts of this case must necessarily be stated. The writ petitioner is the Prodhan of Mitrapur Gram Panchayat. This Gram Panchayat has in all 18 members divided in two groups of different political parties. It is not in dispute that 1/3rd of the members of the said Gram Panchayat by a letter dated 27th of April, 2000 requested the writ petitioner, Prodhan, for convening a meeting as per section 12 read with section 16 of the West Bengal Panchayat Act, 1973 for consideration of a resolution of no confidence against the Prodhan. It is also in dispute that the writ petitioner pursuant to the said requisition notice dated 27th April, 2000 did not call a meeting in compliance with the second proviso...
United Bank of India Vs. Central Government Industrial Tribunal and or ...
Court: Kolkata
Decided on: Sep-15-2000
Reported in: (2001)ILLJ1193Cal
Bhaskar Bhattacharya, J.1. By this writ application, the United Bank of India has challenged an award dated June 18, 1999 passed by the Central Government Industrial Tribunal, Calcutta in Reference Case No. 28 of 1989.The following disputes were referred to the Tribunal for determination:a) Whether the action of the management of United Bank of India in dismissing from service Sri Gopal Chandra Ghosh, sub-staff, is justified? If not, what relief is the workman entitled to2. By the award impugned herein, the Tribunal found that although the concerned workman had taken recourse to very unfair means in order to get rid of option of transfer already submitted and instigated another employee to do illegal act but he did not deserve extreme punishment of dismissal from service. Thus, in exercise of power conferred under Section 11-A of the Industrial Disputes Act, the Tribunal set aside the order of dismissal and modified the punishment to the effect that the management would reinstate him i...
Food Corporation of India Vs. Central Government Industrial Tribunal a ...
Court: Kolkata
Decided on: Sep-15-2000
Reported in: (2001)IILLJ167Cal
ORDERBhaskar Bhattacharya, J.1. The only question that arises for determination in this writ application is whether an amendment of Food Corporation of India (Staff) (55th Amendment) Regulations, 1978 by virtue of the power conferred under Section 45 of the Food Corporation Act, 1964 ('Act') can be referred to as a dispute in terms of Section 10(l)(d) of the Industrial Disputes Act, 1947.2. The petitioner is a body corporate established by the Act and Section 45 of the Act empowers the petitioner to make regulation by notification in the Official Gazette with the previous sanction of the Central Government. The said section is quoted hereunder:'45. Power of Food Corporation to make regulations. - (1) A Food Corporation may, with the previous sanction of the Central Government by notification in the Official Gazette, make regulations not inconsistent with this Act and the rules made thereunder, to provide for all matters for which provision is necessary or expedient for the purpose of g...
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