Kolkata Court June 2001 Judgments

Md. Isahaque Ali and anr. Vs. the State of West Bengal and ors.

Court: Kolkata

Reported in: (2001)2CALLT436(HC),[2001(91)FLR425]

A.K. Banerjee, J.1. The writ petitioners before me are the ex-censuscandidates. According to the writ petitioners, although they have crossed the age limit following the circular issued by the Labour Department the Employment Exchange is bound to sponsor their names irrespective of the age eligibility bar for the post of primary teacher.2. The learned counsel, appearing for the writ petitioners has relied on the decision of the Apex Court reported in : AIR1999SC3825 wherein the Apex Court relaxed the upper age restriction in case of Ex-census employees for the purpose of government service. Relying on that decision, learned counsel, appearing for the petitioners, prays for an interim order directing the authority concerned to allow the writ petitioners to participate at the interview.3. Since it has been consistently held by this Court that relaxation of age cannot be done contrary to the statute, The Court of Law is notempowered to direct the authority concerned to allow the writ peti...

Ajit Kumar Chanda Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: (2001)3CALLT47(HC)

B. Ghosh, J. 1. On 17th January, 1990 the respondent Nos. 4 and 5 appeared through learned counsel engaged by them. When directions were given for filing affidavits, no affidavit-in-opposition has been filed by the said respondents. When the matter was last considered on 19th April, 2001 this Court directed the petitioner to serve notice upon the respondent Nos. 4, 5 and 6. Such notice has been served by registered post with acknowledgement due and an affidavit of service to that effect has been filed. Despite such service, none appeares on behalf of the respondent Nos. 4 and 5. 2. The subject matter of challenge in the instant writ petition is the resolution dated 20th November, 1989 said to have been taken by the Board of Directors of the respondent No. 5 whereby and whereunder it has been decided to terminate the services of the petitioner. It is the case of the petitioner that prior to taking such decision, the petitioner was not told either by issuing a charge-sheet or otherwise a...

Deba Prosad Sengupta Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Kolkata

1. This is an application under Section 19 of the AT, Act, 1985, whereby the applicant prays for the release of the grade increment for the year 1.7.1999 to 30.6.2000, in relaxation of the normal rules and as a special case.2. The relevant facts of the case are that after putting in about 37 years of service in the Audit and Accounts Department of the Government of India, the applicant superannuated on 30.6.2000 on attaining the age of 60 years. The normal date of grant of normal increment in his case was 1st July. The applicant who retired on 30.6.2000 wants that he should be granted grade increment which was to fall due on 1.7.2000 because he has worked for full year from 1.7.99 to 30.6.2000. It is stated that the rules and orders of the Government of India are made for disciplined and dedicated workers and a good Government servant should be rewarded for his service and it is legitimate expectation of the applicant to get the grade increment as he had sincerely and with utmost dedi...

Commissioner of Income-tax Vs. Ajit Kumar Roy

Court: Kolkata

Reported in: [2001]252ITR468(Cal)

1. In this application under Section 256(2) of the Income-tax Act, 1961, the Tribunal has referred the following questions for our opinion :'1. Whether, on the facts and in the circumstances of the case, the finding of the Tribunal that there was no material to hold that the wife of the assessee was only the benamidar of the assessee is based on any material evidence or arbitrary ?2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in deleting the income from house property or property standing in the name of the assessee's wife from the total income of the assessee ?'2. The assessee is an individual. He filed the return for the assessment year 1981-82 on August 28, 1981, showing a total income of Rs. 32,360. During the course of assessment for the assessment year 1981-82, the Income-tax Officer found that the assessee's wife entered into an agreement for purchase of a flat at 12, Loudon Street, Calcutta, for a consideration of Rs. 79,850 an...

Board of Trustees for the Port of Calcutta Vs. Union of India (Uoi) an ...

Court: Kolkata

Reported in: (2002)IILLJ186Cal

ORDERAmitava Lala, J.1. By making this writ petition the Calcutta Port Trust Authority challenged an award passed by the Regional Labour Commissioner (Central), and Arbitrator dated December 29, 1988. The two issues were there before the arbitrator which are as follows:(i) Whether upward revision by 20% of the amount of Rs. 34/- paid to 'A' category workers on roll as on September 1, 1979 for the purpose of revision of liquation Allowance w.e.f. January 1, 1980 is justified? If so, whether the coal trimmers who also got Equation. Allowance be eligible for any such revision? (ii) Whether the amount of Rs. 34/- per month paid to the 'A' category workers in terms of Clause 2 of the tripartite settlement dated September 15, 1979 should beadmissible to 'A' category workers recruited after September 1, 1979. In the context of the Labour Advisor & Industrial Relations Officer, Calcutta Port Trust's letter no. ID-VIII/112A/1591 dated October 31, 1980' 2. Neither of the parties have filed their...

Strassenburg Pharmaceuticals Limited Vs. Himalaya Drug Company and anr ...

Court: Kolkata

Reported in: 2002(24)PTC441(Cal)

Bhaskar Bhattacharya, J.1. The question that arises for determination in these applications is whether the plaintiff, a manufacturer of anti reflux antacid, under the registered trade mark 'EFACID', in an action for infringement of trade mark as well as of passing off is entitled to get an order of temporary injunction restraining the respondents their servants, agents and assigns from in any manner infringing the plaintiffs trade mark 'EFACID' by selling antacid under the names 'EFCID' or 'EFCID-CA', or any other name deceptively similar there to.2._There is no dispute that the trade mark 'EFACID' has been duly registered by the Registrar of Trade Marks on June 2, 1986. By reason of the aforesaid fact, the petitioner has the sole and exclusive right to use the said trade marks to the exclusion of others.3. The case made out by the petitioner in this application is that in or around October 2000 the petitioner came to learn that the respondent No. 1 had introduced an antacid formulatio...

Calcutta Jute Manufacturing Co. Ltd. Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: 2002(4)CHN708,[2001(91)FLR1203],(2002)ILLJ224Cal

D.K. Seth, J.1. The petitioner has challenged the order dated 7th of January, 2000 by which the enquiry was held to be invalid. He has also challenged the order dated 27th March, 2001 by which the interim relief was granted.2. The learned counsel for the respondent submitted that he does not want to use any affidavit. The writ petition may be disposed of on the basis of the materials available before the court.3. I have gone through the order dated 7th January, 2000 relating to the invalidity of the domestic enquiry. The scope and ambit of such a proceeding is confined to the irregularity in the proceeding itself. The Tribunal is not supposed to enter into the finding of fact arrived at by the Tribunal unless such finding is not justified. In the present case, the Tribunal appears to have entered into the merits of the case as an original fact finding authority. It has come to its own finding of belief and disbelief, which it cannot do. It should nave confined itself within the scope a...

National Engineering Industries Vs. Joint Commissioner of Income Tax

Court: Income Tax Appellate Tribunal ITAT Kolkata

Reported in: (2002)80ITD9(Kol.)

1. These 21 appeals--17 by the assessee and 4 by the Revenue--arise under the Interest-tax Act, 1974. All these appeals are against the orders of the CIT(A) for various assessment years. Since they involve common dispute, they are being disposed of by this common order for the sake of convenience. 1A. This Act after two eclipses was reintroduced by the Finance (No. 2) Act, 1991 as an anti-inflationary measure.Originally it provided for levy of tax on chargeable interest accruing or arising to scheduled banks. The tax is levied on gross interest income of credit institutions, that is banks including co-operative societies engaged in the business of banking, public financial institutions, State Financial Corporations and financial companies. It provides the levy of tax on every credit institutions for every assessment year commencing on or from 1st April, 1992 and interest-tax in respect of its chargeable interest of the previous year.2. An interesting question in these appeals arise an...

Sushanta Kumar Das Vs. Food Corporation of India and ors.

Court: Kolkata

Reported in: (2001)2CALLT375(HC)

A.K. Banerjee, J.1. The writ petitioner was the Regional Manager of Food Corporation of India. The writ petitioner was entrusted with the recruitment processor Class IV staff. For endurance test of the candidates Amateur Athletic Association, a non Government organisation, was engaged @ Rs. 40/- per candidate. When the process was on surprisingly the rate was changed from Rs. 40 per candidate to Rs. 40,000 per day. The said Amateur Athletic Association by a letter dated 24th January, 1997 of their own quoted the expenses and/or fees for conducting such test which has been made annexures to the affidavit-in-opposition. The said letter clearly stipulates that the expenses to be bourne by the respondent was @ Rs. 40/- per candidate. Subsequently, by an undated letter, signed by one Uday Sarkar on 7th March, 1997, was given to the respondent authority where from it appears that the respondent authority was informed by the said Association that the said endurance test can be held subject to...

Tapan Kumar Bhattacharyya Vs. M/S. Hindustan Motors Limited

Court: Kolkata

Reported in: (2001)2CALLT403(HC),2001(3)CHN539,[2001(91)FLR74],(2001)IILLJ1259Cal

A.K. Ganguly, J.1. This appeal has been filed by the workman impugning a judgment dated 12th March, 1998 passed by a learned Single Judge of this Court whereby His Lordship was pleased to quash an award dated 3rd October, 1991 which was passed in favour of the appellant.2. The basic facts of the case are noted below.3. The appellant was employed as a Mazdoor in Production Control Department [Car Press Shop] of the respondent M/s, Hindusthan Motors Limited [hereinafter referred to as said company]. It is alleged that while the appellant was working as a Mazdoor in the Car Press Shop section, it was reported that on 13th February. 1980 at about 10.40 p.m. the appellant allegedly assaulted one Sri Ramagya Jadav, General Supervisor of the Department with fists and blows and as a result of which the said supervisor became unconscious and had to be hospitalized. It was also alleged that by doing so the appellant had committed major misconduct under item numbers 1, 17 & 19 of the appendix 'D'...