Kolkata Court January 2002 Judgments
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Union of India (Uoi) and ors. Vs. Brindaban Mallick and ors.
Court: Kolkata
Decided on: Jan-15-2002
Reported in: (2002)2CALLT47(HC)
A. Kabir. J. 1. Five Switch Board Operators of the Ordinance Clothing Factory, Avadi, (C. Kannan & Ors.) filed an application before the Madras Bench of the Central Administrative Tribunal, being O.A. No. 357 of 1988, claiming the same benefit of the scale of Rs. 260-400 which had been given to Switch Board Operators in the Heavy Vehicles Factory, Avadi, on the ground that they were similarly circumstanced and performing the same nature of duties as were being performed by switch Board Operators in the Heavy Vehicles Factory, Avadi. 2. It appears that pursuant to the recommendation of the Third Pay Commission, an Expert Classification Committee was set up by the Ministry of Defence in 1974 to evaluate the various trades and grades prevailing in the various units under the Ministry of Defence and to suggest appropriate scales on the basis of such evaluation. The said Committee submitted its report in 1979 and on the basis thereof orders were passed on 16th October, 1981, implementing th...
British Airways Plc Vs. Barunendra Nath Basu
Court: Kolkata
Decided on: Jan-14-2002
Reported in: (2002)1CALLT444(HC)
A. Kabir, J. 1. This appeal which is directed against the ad-Interim order of injunction dated 30th May, 2001, passed by the learned Judge, 5th Bench, City Civil Court at Calcutta, in Title Suit No. 705 of 2001, has been referred to this Bench by the Hon'ble Chief Justice under Clause 36 of the Letters Patent, read with Section 98(2) of the Code of Civil Procedure in view of the difference of opinion between the learned Judges who had heard the appeal and had delivered separate Judgments on 18lh September, 2001.2. The defendant/appellant, British Airways PLC, is a company Incorporated under the laws of the United Kingdom and is not a Government company within the meaning Section 617 of the Companies Act, 1956. The plaintiff/respondent was working as Senior Reservation Assistant, Customers' Service, under the appellant company. It appears that on a charge of in-subordination a disciplinary proceeding was commended against the plaintiff/respondent and he was served with a charge-sheet an...
Mustan Patel Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-14-2002
Reported in: (2002)1CALLT455(HC),2002(2)CHN318
P.K. Biswas, J. 1. This is an application under Section 397/401 read with Section 482 of the Code of Criminal Procedure flied by Mustan Patel, accused petitioner against the opposite party praying for quashing and/or setting aside the order dated 2.7.97 and to quash the case being G.R. Case No. 1859 of 1994 pending before the 17th Metropolitan Magistrate, Calcutta. The facts leading to the filing of the present application may be summarised as follows :--2. The petitioner is one of the partners of M/s. Orient Machinery and Mill Stores.3. Ashok Kumar Ghosh, Deputy Sales Manager of Mahindra Engineering & Chemicals Products Ltd., filed one petition of complaint under Sections 120B/420/482/483/485/486/487/489 of Indian Penal Code and Sections 78 and 79 of T.M.M. Act before the learned Chief Metropolitan Magistrate, Calcutta against some unknown shopkeepers and traders in Calcutta and the Chief Metropolitan Magistrate, Calcutta sent the aforesaid complaint to the Enforcement Branch, Calcutt...
Southend Autotech India Pvt. Ltd. and anr. Vs. West Bengal Financial C ...
Court: Kolkata
Decided on: Jan-14-2002
Reported in: (2002)2CALLT93(HC)
M.H.S. Ansari, J. 1. The instant writ application is filed by the debtor, Inter alia, against its creditor respondent-West Bengal Financial Corporation (WBFC). Petitioner has questioned annexure D dated 26.11.1996 being notice Issued under Section 29(1) read with Section 30 of State Financial Corporation Act 1951 (for short 'Act') for recovery of the loan.2. It is not in dispute that a term loan was sanctioned in favour of the petitioner and was disbursed by the respondent Corporation on 19.2.93 and 23.3.93. The same was required to be repaid by the petitioner within a period of six and half years by 12 half yearly Instalments @ Rs. 0.64 lac each.3. The dispute in the instant case is mainly with regard to the rate of interest payable.4. Annexure 'A' is the letter of WBFC sanctioning the loan and specifying therein terms and conditions upon which the loan is to be granted and manner it is to be repaid. With regard to Interest, it has been stipulated in annexure 'I' to the said sanction ...
Kashinath Karmakar Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-09-2002
Reported in: (2002)1CALLT355(HC)
P.K. Ray, J. 1. In this writ application the writ petitioner who was empanelled as a first candidate of the panel as prepared on 25th September, 1997 relating to the selection of candidate for the post of Headmaster of the school in terms of the prior permission order reserving the post for scheduled caste candidate, has challenged the Memo No. 1419 dated 7th October, 1997 issued by the District Inspector of Schools (SE) Dakshln Dlnajpur modifying the earlier prior permission order reserving, the post for scheduled caste candidate, as unreserved. The petitioner has prayed the following reliefs in this writ applicatlon:-(a) A writ of and/or in the nature of Mandamus commanding the respondents particularly the respondent No.3 i.e. the District Inspector'of Schools (SE), Dakshln Dlnajpur, to cancel and/or rescind and/or set aside and/or quashed the impugned Meno bearing No. 1419 dated 7.10.97, which is in annexure-J. (b) A writ of and/or in the nature of Mandamus commanding the respondent...
Prasant Kumar Dutta Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-09-2002
Reported in: II(2002)ACC293,(2002)1CALLT505(HC)
S. Barman Roy, J. 1. By this petition under article 226 of the Constitution of India, petitioner has prayed for a writ of mandamus upon the respondents to Issue Stage Carriage Permit for the vehicle No. BEK 4695 in terms of the offer letter which respondent No. 3 being the Regional Transport Authority of Uttar Dinajpur District had earlier Issued in favour of the petitioner. 2. The case in brief is that on the prayer of the petitioner, Secretary of respondent No. 3 being R.T.A. Uttar Dinajpur by his letter dated 30.6.99 Informed the petitioner that the board of the said Authority in Its meeting held on 28.3. 1999 took a decision to allow the prayer of the petitioner for granting him permit under agenda No. 11(k) and accordingly, petitioner was directed to place a vehicle having a sitting capacity of 46+1 and wheel base 205. Petitioner was further directed to place the said vehicle within six months from the date on which the aforesaid letter was issued. Later on in response to the said...
Sambhu Prasad Agarwal, Vs. Director of Income-tax (investigation) and ...
Court: Kolkata
Decided on: Jan-08-2002
Reported in: [2002]254ITR660(Cal)
Amitava Lala, J.1. This writ petition is made challenging the search and seizure carried out by the income-tax authority on October 16, 2001, and for withholding books, documents and papers seized in the course of such search and seizure. The petitioners annexed panchanama of search and seizure which includes warrant and other reference, etc., as well as list of inventory of the jewellery, bank accounts and other documents. According to the writ petitioner, under Section 132 of the Income-tax Act, a provision is made for search and seizure. Dr. Debi Prasad Pal, and Mr. Ajit Kr. Panja, learned senior counsel appearing in support of the petitioners, contended that as per Sub-section (9A) of Section 132, the authorised officer making the search and seizure has no jurisdiction to keep the books of account or other documents or assets seized for more than a period of fifteen days of such seizure and they are to be handed over by the authorised officer to the Income-tax Officer having jurisd...
De. Labochem (India) Pvt. Ltd. Vs. Regional Provident Fund Commissione ...
Court: Kolkata
Decided on: Jan-08-2002
Reported in: [2002(94)FLR721],(2002)IILLJ517Cal
D.K. Seth, J.Facts:1. In the present case, a notice was issued on February 2, 1980 which is Annexure 'G' to this petition, asking the petitioner to participate in a proceedings under Section 7-A of Employees' Provident Funds and Miscellaneous Provisions Act, 1952, (1952 Act). By a letter dated February 19, 1980, being Annexure 'H' to the petition, the petitioners intimated the authority under Section 7-A of the said Act, being the Regional Provident Fund Commissioner (RPFC), that a proceedings under Section 19-A of the 1952 Act, as it stood prior to its amendment in 1988, was pending before the Central Provident Fund Commissioner (CPFC), with regard to the applicability of the Act and the infancy period as well as the question of number of employees employed in the establishment. Therefore, the 7-A proceedings should be stayed. On March 6, 1980, the petitioner submitted its objection contained in annexure 'I' in the said proceedings under Section 7-A and it pointed out its grounds of o...
Narayan Nayak Vs. State Bank of India and ors.
Court: Kolkata
Decided on: Jan-07-2002
Reported in: (2002)IIILLJ1013Cal
D.K. Seth, J.1. It is alleged that the father of the petitioner has been missing since July, 1992. F.I.R. was lodged before the appropriate Police Authority. Newspaper publications were also made. In the meantime, more than 7 years have passed. The petitioner had applied for appointment on compassionate ground presuming death of his father.2. The Respondent-Bank by its letter dated February 1, 2001 asked the petitioner to furnish some documents including a copy of the decree of the competent Court declaring Civil Death of the employee. The petitioner had furnished all the documents except the decree of a competent Court declaring 'Civil Death' of the employee.3. It is now contended by the learned Counsel appearing on behalf of the petitioner that the Respondent-Authority cannot insist upon a decree of a competent Court declaring 'Civil Death' of the employee. She relied on a decision of the Andhra Pradesh High Court in the case of Chief Engineer, Central Zone, A.P. State Electricity Bo...
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