Kolkata Court January 2001 Judgments

D.R. Jagiya Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Kolkata

1. Shri D.R. Jagiya, Technical Asstt. Song & Drama in Min. of Information and Broadcasting has filed this O.A. against issue of chargesheet and disciplinary proceedings under Rule 14 of CCS (CCA) Rules, 1965 and prayed for quashing the same.2. The fact of the case in brief is that the chargesheet dated 26.3.1998 (Annexure-A/5) under Rule 14 of the CCS (CCA) Rules, 1965 was issued against the applicant by Dy. Director (Admn.) the respondent No.3. To enquire into the charges Inquiry Officer was appointed vide order dated 15.6.98 (Annexure-A/3) by the Director, the respondent No. 2. By another order dated 15.6.98 (Annexure-A/4) the respondent No. 2 appointed Presenting Officer. The Enquiry Officer vide notice dated 11.9.98 (Annexure-A/2) fixed the first date of hearing on 9.10.98. The applicant represented against the appointment of Inquiry Officer and Presenting Officer by respondent No. 2 vide his representation dated 22.9.98 (Annexure-A/1). The applicant challenged the authority o...

Terai Overseas Limited Vs. Union of India (Uoi)

Court: Kolkata

Reported in: 2001(75)ECC751,2001(129)ELT574(Cal)

ORDERKalyan Jyoti Sengupta, J.1. By this Writ petition the petitioner has challenged the impugned order whereby the application for giving benefit of drawback duty has been rejected. It has got chequered history which I feel the same to be reiterated for proper appreciation of the facts and controversy involved in this matter.2. In the year 1985-86 the writ petitioner undertook to export various textiles goods namely Polyester ladies long coats, neckties etc. to Russian customer. It is the case of the writ petitioner that the goods in question were exported to the Russian customer namely M/s. Soyuz Trade International, Moscow, T.F.C. Magnet Ogorskayastal under five several Bills of Lading. The goods in question are described as 10000 pieces of Polyester Ladies Long Coats, 5000 pieces vel vet ladies dress, 36000 pieces of gents neckties, 7500 pieces of gents neckties and 2000 pieces gents long coats. At the time of despatch of the aforesaid goods for export the Customs Authority duly cl...

Siliguri Hindi High School and ors. Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: (2001)2CALLT169(HC)

A. Lala, J. 1. This writ petition is made challenging the order of appointment of an Administrator in respect of Siliguri Hindi High School (Girls section). It appears to me that three persons have made this writ petition. One is Siliguri Hindi High School, a Society registered under the Societies Registration Act, 1961; 2nd is the Secretary of such School and the 3rd is the Secretary of Siliguri Hindi High School (Girls section) recognised as Slliguri Hindi High School for Girls. Mangturam Road, Siliguri, District Darjeeling. It is categorically contended by Mr. S. Bhunla, learned Senior Counsel appearing on behalf of the petitioners in support of this writ petition that the Siliguri Hindi High School for boys is a linguistic minority Institution as obviously governed by the Special Constitution. I also find that in W.P. 2234(W)/ 1998 a single Bench of this Court was pleased to deliver a judgment on 7.4.98 in favour of the petitioner. According to the petitioner, against the said judg...

Hindustan Development Corporation Ltd. Vs. Shaw Wallace and Co. Ltd.

Court: Kolkata

Reported in: (2001)1CALLT519(HC),[2001]107CompCas30(Cal)

The Court 1. This application was moved on December 15, 1999, by counsels on behalf of Capsulation Services Ltd. a creditor of Shaw Wallace & Co. Ltd., which hereinafter shall be referred to as the 'Company'. The prayers in the petition included a direction for the payment of the claims of the intercorporate deposit holders and bill discounting creditors, of the Company out of a fund being held by Joint special-officers, in terms of anorder of the Court. The Company was agreeable to payment being made to all intercorporate deposit holders and bill discounting creditors, who were represented in Court or whose petitions for winding-up of the Company were pending before this Court. As regards Interest, the Company was agreeable to pay at the agreed rates till December 23, 1996, and thereafter at the rate of 10% per annum. It is significant, that the claim of Hindustan Development Corporation Limited, an intercorporate deposit holder of the Company. had been admitted by an order of the Cou...

Sarla Gems Ltd. and anr. Vs. Board for Industrial and Financial Recons ...

Court: Kolkata

Reported in: [2002]108CompCas663(Cal)

Dilip Kumar Seth, J.1. The petitioner-company Sarla Gems Ltd. having become sick as defined in the Sick Industrial Companies (Special Provisions) Act, 1985 (SICA), was referred on September 8, 1998, under Section 15(1) of the SICA before the Board for Industrial and Financial Reconstruction (BIFR), in BIFR Case No. 244 of 1998. On February 22, 1999, Bank of Baroda was appointed the operating agency under Section 17(3) of the SICA upon a declaration under Section 3(1)(o) of the SICA that the petitioner-company was a sick industrial undertaking.2. The petitioner submitted a rehabilitation package for reviving the undertaking. In the said scheme a proposal was mooted for establishment of an undertaking for production of PVC compound in pallate form and powder form which is in heavy demand for manufacture of electrical cable industries footwear industry and moulded goods, pipes, agricultural houses, films and various other materials at a different site. Upon consideration of the said schem...

Sibco Investment Pvt. Ltd. and anr. Vs. Small Industries Development B ...

Court: Kolkata

Reported in: [2001]105CompCas786(Cal)

Amitava Lala, J.1.This writ petition is made on behalf of a company by the pen of a director with a supporting affidavit of competency dated July 17, 1998, as against the respondents including M/s. Small Industries Development Bank of India (hereinafter called as 'the SIDBI') for the purpose of getting orders in the nature of release of transfer bonds as well as payment of interest from them who are wrongfully withholding the same bonds being property of the petitioners. It is as good as interference with the right of property of the petitioners protected by the Constitution of India.2. The petitioners contended before this court that in the course of business petitioner No. 1-company purchased 41 bonds issued by M/s. Small Industries Development Bank of India in its favour aggregating to Rs. 410 lakhs having a face value of Rs. 10 lakhs each. Such purchase occurred in between one Sri Sankarlal Saraff and petitioner No. 1-company at a consideration of price of Rs. 3,69,00,000 (rupees t...

Naihati Cinema Pvt. Ltd. and ors. Vs. District Magistrate and Collecto ...

Court: Kolkata

Reported in: [2001]123STC532(Cal)

Amitava Lala, J.1. All these writ petitions being W.P. No. 4072(W) of 2000, W.P. No. 2367(W) of 2000 and W.P. No. 1552(W) of 2000 are arising out of a notification issued by the Special Secretary to the Government of West Bengal, Finance Department, Taxation, under Memo No. 223-F.T. dated January 31, 1996 which is as follows :'The Governor is pleased hereby to create a post of Commissioner of Entertainments Tax, West Bengal, in the Finance Department to administer the Bengal Amusements Tax Act, 1922 (Ben. Act V of 1922) throughout the territory of West Bengal.The Governor is further pleased to order that such post shall be held by the Commissioner of Agricultural Income-tax, West Bengal, appointed under the Bengal Agricultural Income-tax Act, 1944 (Bengal Act IV of 1944).' 2. Therefore, from the plain reading of the notification it appears that the authority of the agricultural income-tax has been given power to administer the appropriate functions of the Bengal amusements tax. The wor...

Eastern Coalfields Limited and anr. Vs. Assistant Labour Commissioner ...

Court: Kolkata

Reported in: (2001)IILLJ1467Cal

Bhaskar Bhattacharya, J.1. By this writ application, the petitioner, a Government Company has challenged an appellate order passed by the Appellate Authority in an appeal under Section 15 of the Contract Labour (Regulation and Abolition) Act, 1970 ('Act') thereby affirming an order dated February 5, 1979 passed by the Assistant Labour Commissioner (Central) and the Registering Officer under the Act, refusing to accept the amendment of the Certificate of Registration in exercise of his power under Sub-rule (2) of Rule 19 read with Rule 20 of the Contract Labour (Regulation and Abolition) Central Rules 1971 ('Rule'). 2. The petitioner No. 1 carries on business of raising and selling coal from Collieries covered by the Coal Mines (Nationalisation) Act, 1973. By a notification dated February 1, 1975, the Central Government in exercise of powers under Section 10 of the Act prohibited the employment of contract labour in the work of inter alia coal loading and unloading in all coal mines. A ...

Bomkesh Chandra Jana and ors. Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: 2001CriLJ1336

ORDERAmitava Lala, J.1. This is an application for contempt for alleged violation of the interim orders of injunction doited 29th January, 1988 as well as 18th Feb. 1988 passed by a Single Bench of this Court in writ petition being Civil Rule No. 399-400 (W) of 1988.2. According to the petitioner an interim order was passed by this Court in the aforesaid writ petition in terms of prayer 'e' of the main writ petition which is as follows :An order of injunction do issue restraining the respondents and each one of them and their servants, agents from taking any steps and/or further steps for the purpose of filling up the vacancies of Forest Guard from outsiders whose names have been recommended by the Employment Exchange and/or from the Efficient National Volunteer Force personnel and/or taking any steps or pass any decision adverse to the interest of the petitioner. 3. Such order was extended by a subsequent order dated 18th Feb. 1988 till the disposal of the Rule which is also as follow...

income Tax Officer Vs. Bajoria Foundation

Court: Kolkata

Reported in: (2001)71TTJ(Cal)343

ORDERPramod Kumar, A.M.This appeal, filed by the revenue , is directed against the order, dated 31-10-1995 passed by the learned Commissioner (Appeals) Calcutta, in the matter of order under section 144 for the assessment years 1991-92. Solitary grievance of the revenue is reproduced below :That on the facts and in the circumstances of the case, learned Commissioner (Appeals) erred in deleting the income of the trust of Rs. 6,68,770 by way of granting exemption under section 11 of the Income Tax Act, 1961, by admitting fresh evidence in violation of rule 46A of the Income Tax Rules.2. Brief facts of the case, as relevant for the purpose of this appeal, are that the assessment of the assessee-trust was completed under section 144 as there was no compliance of both the notices issued by the learned assessing officer. The assessing officer observed that the assessee has made donations, in odd amounts, to M/s Anandlok Hospital and that the assessee had also made a donation of Rs. 25,000 to...