Court : Kolkata
Reported in : (2003)1CALLT405(HC)
Gorachand De, J.1. The writ petitioner, Shri Dilip Kumar Chatterjee, a senior Technical Inspector, Grade A at the Regional Sales Office, Coal India Limitedfiled this application under Article 226 of the Constitution of India praying for the following reliefs:--'(a) A writ in the nature of Mandamus commanding the respondents and each one of them to cancel, rescind and/or withdraw the Memo as in annexure 'F', annexure 'H' and annexure 'J' to the petition, in the alternative not to give effect to the results of the same; (b) A writ in the nature of Mandamus commanding the respondents and each one of them to give effect to the results of the qualifying examination held on 4th January, 1987 for promotion from non-Executive to Executive Cadre (non-Technical); (c) A writ in the nature of certiorari conducting the respondents and each one of them to produce before this Hon'ble Court all records and files relating to the instant case in particular the file relating to promotion so that conscion...
Tag this Judgment!Court : Kolkata
Reported in : (2002)174CTR(Cal)426
ORDERBy tahe CourtFive assessment years are involved in this reference but we deal with the question with reference to only one of those as a representative and prototype assessment year.That one is the assessment year 1976-77.The question referred to us is as follows :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in not confirming the order of the Commissioner (Appeals) in respect of bad and doubtful debt reserves.'2. The point whether bad and doubtful debts were correctly classed as reserves by the Tribunal becomes relevant in view of the Companies (Profits) Surtax Act, 1964.Under that Act the capital base of the company has an effect on the incidence of the liability of surtax. The profit remaining the same, the surtax would become lessened as the capital base of the company became broadened.It was thus in the interest of the assessee-respondent to emphasise that the bad and doubtful debts also form reserves in the true sense of the t...
Tag this Judgment!Court : Kolkata
Reported in : (2002)1CALLT555(HC),2002(3)CHN53,[2002(94)FLR106]
P.K. Chattopadhyay, J. 1. The petitioner No. 2, Shri A.N. Pandit is a dismissed workman who was appointed as salesman in the company on 18th July, 1962 and was permanently posted at Keonjhar, Orissa which was his headquarter. A sudden check of the Keonjhar depot was carried - out on 8th April 1983 by Shrl S. Chadha, Deputy Area Sales Manager along with other officers of the company. After conducting the sudden check/ Inspection of the depot it was found that there was net cash shortage of Rs. 5.334 and it was further detected that there was stock shortage of 30.57Kg of tea valued at Rs. 1,083.35 and excess stock of tea valued at Rs. 141.99. 2. Petitioner No. 1 was asked to submit explanation in this regard. Shri Pandit submitted before the respondent company wherein it was contended that some quantity of tea have been supplied in the local market just on the previous day of the checking i.e. on 07.04.83 and the price of the said tea was to be collected on the very next day of supply i....
Tag this Judgment!Court : Kolkata
Reported in : (2002)2CALLT396(HC),2002(1)CHN745
A. Barua, J.1. This revisional application under Section 482 of the Code of Criminal Procedure is for the purpose of quashing of the investigational proceedings of Bhatar P.S. Case No. 48 dated 9.5.97 under Sections 325/326/329/347/467/469 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and the corresponding proceedings of G.R. Case No. 609/97 of the Court of the learned Sub-Divisional Judicial Magistrate, Burdwan and this, is directed against Order dated 25.4.97 passed by Sri T. K. Das, learned Chief Judicial Magistrate-in-Charge, Burdwan in FIR Case No. 226/97 whereby the learned Magistrate passed an order in terms of Section 156(3) of the Code of Criminal Procedure pursuant to which the aforesaid case was registered for investigation.2. Petitioner, Krishna Chandra Choudhury, was to run a petrol pump. The complainant, Nityananda Saha, who was a Scheduled Caste, was a clerk over there at a monthly salary of R...
Tag this Judgment!Court : Kolkata
Reported in : (2002)3CALLT219(HC),[2002(95)FLR996]
P.K. Chattopadhyay, J.1. The petitioners herein are the employees of Calcutta Port Trust who claimed payment of overtime wages for 48 hours per week during the period from January 1968 to 30th September 1983. The petitioners though preferred the aforesaid claim before the various authorities of the Calcutta Port Trust but according to the petitioners no step was taken up by the respondent, Calcutta Port Trust Authorities for the redressal of their grievances. Accordingly, petitioners filed a claim application before the respondent No. 1 claiming a total sum of Rs. 1,24,72.713/- as it was the contention of the said petitioners that the said amount was wrongfully deducted from the overtime wages of the petitioners during the period from January 1968, to 30th September 1983.2. Since the aforesaid claim of the petitioners was beyond the statutory period of limitation, a prayer was also made by the petitioners for condonation of delay in filing the application before the authorities. It has...
Tag this Judgment!Court : Kolkata
Reported in : [2002(95)FLR470],(2002)IIILLJ763Cal
M.H.S. Ansari, J.1. The petitioner, a workman, who was dismissed from service, has filed the instant writ application questioning the order passed by the learned First Labour Court in Case No. 2/2000/10(1B)(d) of the Industrial Disputes Act, 1947, which had been dismissed for the reasons mentioned in the impugned order which are to the following effect:'Under Section 10(1B)(d) of the Industrial Disputes Act, 1947, the conciliation officer shall on receipt of application under Clause (a) issue a certificate within 7 days from the date of receipt of such application. Under Section 10(1B)(c) the party may within a period of sixty days from the receipt of such certificate or where such certificate has not been issued within 7 days as aforesaid, within a period of sixty days commencing from the day immediately after the expiry of 7 days as aforesaid, file an application in such form and in such manner as may be prescribed, to such Labour Court as may be specified by the appropriate Governme...
Tag this Judgment!Court : Kolkata
Reported in : (2003)1CALLT544(HC)
1. There will be an order in terms of prayer (a) of the petition. This appeal is directed against the order dated 6th September, 2002 passed by the learned single Judge sitting in the Admiralty Jurisdiction in G.A. No. 3537 of 2002, in connection with A.S. No. 11 of 2001, dismissing the appellant's application for rejection of the plaint or in the alternative for deleting its name from the suit, with costs assessed at 600 Gms.2. When the application for stay was initially moved, an objection was taken on behalf of the respondent No. 1 regarding the maintainability of the appeal, and, accordingly it was decided that the matter be taken up for consideration on such objection first. Accordingly, the matter has been listed today for the aforesaid purpose.3. Appearing for the Board of Trustees for the Port of Calcutta, Mr. S. Roychowdhury firstly urged that having regard to the nature of the order passed by the learned single Judge, no appeal would lie either under the provisions of Order 4...
Tag this Judgment!Court : Central Administrative Tribunal CAT Kolkata
Reported in : (2003)(1)SLJ192CAT
1. Applicant was Commissioner of Income-Tax, Ranchi from 1994 to 1997.On 11.6.97 he was arrested in a criminal case and was bailed out by the Hon'ble Patna High Court vide order dt. 3.9.97. Because of his arrest in the criminal case, he was placed under suspension vide order dt.2.9.97 w.e.f. 11.6.97, the date on which he was arrested by the police.Charge-sheet has been filed against the applicant along with many others in the infamous case known as "Fodder Scam Case." 2. The case for the applicant in this O.A. is that he has been falsely roped in the criminal case and that more than two years have passed, but no departmental proceedings have been initiated against him. It has been stated that the right of the applicant to earn livelihood is a fundamental right and it cannot be taken away or whittled down without any authority of law. It has further been averred that the act of the respondents in placing the applicant under suspension is mala fide and is unjust enrichment to the respon...
Tag this Judgment!Court : Kolkata
Reported in : (2002)3CALLT170(HC),2002(2)CHN184
S.K. Mukherjee, J. 1. This is an appeal against the judgment and order dated December 4, 2001 passed by the learned District Judge rejecting an application under Order 39, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure filed by the plaintiff in other suit No. 2 of 2001.2. Other Suit No. 2 of 2001 has been instituted by the plaintiff-appellant in the Court of the learned District Judge, Andaman and Nicobar Islands, inter alia, for permanent injunction. It is alleged by the plaintiff that the plaintiff has been carrying on business in the name and style of Sakthi Trading Company and the defendants have been carrying on business at Port Blair. The plaintiff has been carrying on business as a leading manufacturer of food products for long time and in the course of his business he adopted the trademark 'Shakti' for the food products manufactured by him. He had commenced the manufacturing and selling under the aforesaid trademark since 1977. He has registered the trademar...
Tag this Judgment!Court : Kolkata
Reported in : 2002ACJ1898
Samaresh Banerjea, J.1. The present appeal has been preferred by the appellant Shipping Corporation of India Ltd. against the judgment and award dated 26.3.2001 in Claim Case No. 120 of 1992 passed by the learned Commissioner, Workmen's Compensation, West Bengal, awarding the sum of Rs. 3,22,916 as compensation. The workman died of an accident in the course of employment.2. Admittedly, the workman who was a seaman and who was on duty in the vessel M.V. 'Hargobind' on 25.3.1990 died. Later it was opined that he died because of myocardial infarction. The claimant in the application for compensation claimed a sum of Rs. 3,22,916 as per the National Maritime Board Agreement dated 1.4.1990. It was specifically pleaded in para 3 of the said application that the monthly wages of the deceased was Rs. 6,180 at the time of his death and his age was 30 years. In para 3 of the written statement while dealing with para 3 of the application such rate of monthly wages of the deceased was admitted alt...
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