Kolkata Court September 2000 Judgments
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Assistant Commissioner of Income Vs. Taggas Industries Development
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Sep-07-2000
Reported in: (2002)80ITD21(Kol.)
1. This is an appeal by the Revenue against the order of the GIT(A) lor the asst. yr. 1991-92.2. The appeal is late by 13 days beyond the statutory fixed time-limit of 60 days from the date of receipt of the order of the CIT(A) by the CIT. The relevant dates are--Date of receipt of CIT(A)'s order 29-8-199560 days expired on 27-10-1995Appeal filed on 9-11-1995Delay 13 days A petition for condonation was filed by the AO on 10th Nov., 1995 giving the following reasons in which the entire delay was attributed to CIT's office, which reads as under:-- That the festive season hampered the normal office work for a long days which resulted in submission of appeal scrutiny report delayed to the higher authorities and as such no authorisation was received from the CIT on that day.That no authorisation for filing of second appeal before the Tribunal, Calcutta in the matter was received from the CIT.That no authorisation for filing of second appeal therefore the Tribunal, Calcutta in the matter wa...
Smt. Mita Gupta and ors. Vs. Oriental Insurance Co. Ltd. and ors.
Court: Kolkata
Decided on: Sep-07-2000
Reported in: I(2002)ACC398,2002ACJ398,(2001)1CALLT305(HC),2001(1)CHN34
A. Kabir, J.1. While considering the appellant's application for final disposal of the appeal, the appeal itself was taken up for hearing on consent of the parties.2. The appellants herein filed a claim against the respondents/opposite parties under section 166 of the Motor Vehicles Act, 1988, before the Motor Accident Claims Tribunal, Burdwan, being M.A.C. Case No. 85/56 of 1996, on account of the death of one Bikash Gupta, the husband of the appellant No. 1, in an accident involving two motor vehicles on 4th December, 1995, at about 7.30 p.m., near the Saktigarh Cold Storage. A police case, being Burdwan P.S. Case No. 763 of 1995, dated 4th December, 1995, was also started in respect of the said incident under sections 279/304A Indian Penal Code on the basis of a First Information Report lodged by one Ashoke Dey.3. According to the appellants, on 4th December, 1995, at about 7.30 p.m. while the deceased was driving truck No. W.B.I. 5221 coming from Burdwan another truck bearing No. W...
Sujan Banerjee and ors. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Sep-07-2000
Reported in: (2001)IILLJ470Cal
1. The appeal and the stay application were taken up for hearing together having regard to the fact that the matter involves a short question of law. The appellants/writ petitioners who were 16 in number filed a writ application claiming, inter alia, the following reliefs:'a) A writ of and/or Order and/or direction in the nature of Mandamus do issue commanding and/or directing the respondents authorities to regularise and/or absorb the petitioners in the service of the customs authorities for the post of Entry Data Operator in respect of the petitioners No. 1 to 15 and Peon in the case of petitioner No. 16 and to act in accordance with law; b) A writ of and/or Order and/or direction in the nature of mandamus do issue commanding and/or directing the respondents No. 1 and 2 to consult with the Central Board under the provisions of Section 10 of the Contract Labour (Regulation and Abolition) Act, 1970 for prohibition of employment of contract labour in the job undertaken by the petitioner...
Asstt. Cit Vs. Taggas Industries Development Ltd.
Court: Kolkata
Decided on: Sep-07-2000
Reported in: [2001]80ITD21(Cal)
ORDERGarg, VP This is an appeal by the revenue against the order of the Commissioner (Appeals) for the assessment year 1991-92.2. The appeal is late by 13 days beyond the statutory fixed time limit of 60 days from the date of receipt of the order of the Commissioner (Appeals) by the Commissioner. The relevant dates areDate of receipt of Commissioner (Appeals)'s order29-8-199560 days expired on27-10-1995Appeal filed on9-11-1995Delay13 daysA petition for condonation was filed by the assessing officer on 10-11-1995 giving the following reasons in which the entire delay was attributed to Commissioners office, which reads as under :-'27-10-1995-That the festive season hampered the normal office work for a long days which resulted in submission of appeal scrutiny report delayed to the higher authorities and as such no authorisation was received from the Commissioner on that day.28-10-1995-It was a holiday being Saturday.29-10-1995-It was a holiday being Sunday.30-10-1995-That no authorisatio...
Sk. Mantaj Ali and anr Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-06-2000
Reported in: (2001)1CALLT271(HC)
M.H.S. Ansari, J.1. The facts giving rise to the instant petition are that the consequent upon the vacancy in the post of Headmaster of OoblndanagarMuslim High School, the school authority sought for prior permission from the D.I. of Schools who granted the same but providing therein that the post shall be reserved for Scheduled Caste as per roster of vacancy vide his Memo. No 630-S dated 1.10.1992. The school authority could not recruit Headmaster due to non-availability of candidate and, therefore, they sought for dereservation of the post on 18.10.93. In reply to the said prayer, the D.I. of Schools again asked the school authority to fill in the vacancy with the SC candidate only vide his letter No. 940-S dated 26.7.94. The Managing Committee filed a writ petition being W.P. No. 237(W) of 2000 which was disposed of by an order dated 25th April, 2000 with a direction upon the Secretary, Education Department to treat the writ petition as the representation and to dispose of the same ...
Khagendra Nath Sau Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-05-2000
Reported in: (2001)1CALLT145(HC)
M.H.S. Ansari, J.1. The petitioner in the instant case has prayed inter alia, for directions as under;'(a) A writ in the nature of Mandamus commanding the respondents their men, agents and all of them to regularise the service of the petitioner in the respondent school in the additional post of Clerk where the petitioner was directed to work as Class-III additional post of clerk for a period of 28 years where the petitioner is rendering his service very effectively to the entire satisfaction of the resondents condoning the age bar for regularisation of the aforesaid post for which the concerned authority already given sanction vide Memo. No. 392/1 (125) GA dated 15/3/1999.'2. The case pleaded by the petitioner is that he was appointed as Class IV staff in the respondent school on 1.5.1968 and was duly approved by the concerned DIS (SE) vide Memo. No. 1903-S dated 4.5.1988 (annexure 'B' to the writ application). The petitioner states that the respondent school authority engaged the peti...
The Vysya Bank Ltd. Vs. Shankar Export Pvt. Ltd.
Court: Kolkata
Decided on: Sep-05-2000
Reported in: AIR2001Cal47,(2001)1CALLT194(HC),2000(2)CHN679
T. Chatterjee, J.1. By consent of parties, the appeal is treated as on day's list and is disposed of along with the application for grant of interim relief being G.A. No. 235 of 2000.2. This appeal is preferred against an interim order passed by a learned Judge of this Court in ALP No. 216 of 1999.3. The order under appeal runs as under :--'There will be an interim order to the effect that there will be a stay of hearing of the pending proceedings before the learned Tribunals. The interim order, if any, passed by the Tribunal shall continue without prejudice to the rights and contentions that this application is not maintainable. Directions for filing affidavits given :-- A/O. is to be filed after the one week after the vacation, reply one week thereafter, liberty to mention. This matter is adjourned sine die after the Supreme Court Judgment.' 4. Mr. Shib Das Banerjee appearing on behalf of the respondent has submitted before us that no appeal lies against the aforesaid order passed un...
Usha Atlas and Hydraulic Equipment Ltd. (In Liquidation) and Rejendra ...
Court: Kolkata
Decided on: Sep-05-2000
Reported in: (2001)1CALLT450(HC)
T. Chatterjee, J.1. This is an appeal filed against an order dated 3rd March, 2000 passed by a learned Judge of this Court in C.P.No. 422 of 1992 whereby the sale of Usha Hydraulic Equipment (In Liquidation) was confirmed and the highest offer of the respondent No. 2 M/s. Well Wroth Vanijya Pvt. Ltd. to the tune of Rs. 1.51 Crore was accepted.2. The appellant is one of the promoter directors of Usha Atlas Hydraulic Equipment Ltd. (In Liquidation) (herein after referred to as the ('Company in liquidation'). By an order dated 4th April, 1991 this Court passed an order directing the Company (In Liquidation) to be wound up. The Company (In Liquidation) against the order of winding up came up in appeal in which the order of the trial Court dated 4th April, 1991 was affirmed by a Division Bench of this Court and finally the liquidator being respondent No. 1 in his appeal was directed to take steps to sell in accordance with the order dated 4th April. 1991. Subsequently, steps were taken by t...
Eastern Coalfields Ltd. Vs. Nata Kora and ors.
Court: Kolkata
Decided on: Sep-05-2000
Reported in: (2002)IVLLJ264Cal
B. Bhattacharya, J.1. In this writ application the employer has challenged an award dated November 7, 1996, passed by the Central Government Industrial Tribunal, Calcutta in Reference Case No. 43 of 1988 thereby passing an award in favour of the private Respondent holding that the management was not justified in not providing job to the said private Respondent who is admittedly a dependent of one Basola Kora, a casual employee of the establishment.2. The following dispute was referred to the Tribunal:'Whether the action of the Management of Pandaveswar Colliery of E.G. Ltd. in not providing job to Shri Nata Kora, dependent of late Basola Kora who died in service, is justified? If not, to what relief Shri Nata Kora is entitled'3. Before the Tribunal the dependent of the worker did not adduce any evidence but the employer produced evidence. The claim of the private Respondent is based on Clause 10.4.1 of NCWA-II which is quoted hereinunder:'Employment would be provided to one dependent o...
Mrs. Rekha Mukherjee Vs. Ashis Kumar Das and anr.
Court: Kolkata
Decided on: Sep-04-2000
Reported in: (2001)2CALLT76(HC)
Samarendra Nath Bhattacharjee, J.1. This revisional application has been preferred against the order No. 119 dated 19.4.1999 passed by the learned 9th Civil Judge, Senior Division, Alipore in Title Suit No. 49 of 1990 whereby the learned Court decided the issue Nos. 9 and 5 in favour of the plaintiffs/opposite parties. 2. The petitioner herein is the sole defendant of Title Suit No. 49 of 1990. The opposite parties filed a suit for specific performance of contract against the petitioner/defendant alleging that the defendant executed 3 agreements for sale in favour of the plaintiffs 1 and 2 and their mother since deceased on 16.12.89. By those 3 agreements the defendant agreed to sale the undivided one third share of 9 cottahs of land at premises No. 77/1 Hazra Road, Cal-29 in favour of each of the three persons being Smt. Gouribala Das, Ashis Kumar Das and Abish Kumar Das at a total sum of Rs. 9,00,000/- and each of them was to pay a sum of Rs. 3 lakhs. It was further agreed that each ...
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