Kolkata Court April 2002 Judgments
Santimoy Biswas Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-30-2002
Reported in: (2002)2CALLT258(HC),2002(3)CHN210
A.K. Banerjee, J. 1. The writ petitioner was working in the Nadia Zilla Parishad. In 1977, while he was working, he was implicated in 10 criminal cases. The Nadia Zilla Parishad placed the writ petitioner under suspension. The said suspension order continued till the same was set aside by this Court in 1991 in C.O. No. 10510(W) of 1989 by an order dated 22nd November, 1991. Since the order of suspension was not followed by any disciplinary proceeding, this Court quashed the order of suspension and directed the respondent authority to allow the writ petitioner to Join the service with all consequential benefits in accordance with law. Accordingly, the writ petitioner was allowed to join in the service. The criminal cases brought against the writ petitioner were dropped by the police authority.2. The writ petitioner joined the Nadia Zilla Parishad again in 1994 and worked there until his superannuation in 1996. All the retiral benefits were extended to the writ petitioner. However, the w...
Tag this Judgment!Biswanath Halder Vs. United Bank of India and ors.
Court: Kolkata
Decided on: Apr-30-2002
Reported in: (2002)3CALLT65(HC),(2003)ILLJ542Cal
M.H.S. Ansari, J.1. The relief prayed for by the petitioner in the instant writ application, a bank employee, is for a writ in the nature of directions upon the respondent-bank to refrain from taking action pursuant to its letter dated 25th May, 2001 being annexure 'P-4' and for a further direction upon the respondent-bank to continue the petitioner in service of the bank till petitioner attains the age of superannuation.2. The impugned order, annexure 'P-4', is one passed by the regional Manager dated 25th May, 2001 informing the petitioner that his application filed with respect to UBI Employee's Voluntary Retirement Scheme-2000 has been accepted by the competent authority. In paragraph 2 thereof, it was further, informed as under :'You will be relieved from the services of the bank at the close of business on 31st May, 2001.'3. The case of the petitioner is that though he had opted for voluntary retirement under the said scheme, subsequently he had withdrawn his aforesaid applicatio...
Tag this Judgment!Vijayashree Limited and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-30-2002
Reported in: (2002)3CALLT345(HC)
Amitava Lala, J.1. The petitioner No. 1 presently is a sick company under the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985. The petitioner No. 2 claims to be the Director of the company. He verified the affidavit in support of the writ petition. Affidavit of competency duly filed by the petitioner No. 2.2. The contention of the writ petitioners is that the BIFR sanctioned a scheme for revival of the petitioner company by an order dated 30th June, 2000. On 5th April, 1999 an Act being West Bengal Sales Tax (Settlement of Disputes) Act, 1999 came into force. Consequently, respective Rules came into force on 12th July, 2000. Under the order of the BIFR the scheme has been provided grant soft loan by the Government of West Bengal to cover disputed Sales Tax which is under appeal, if the company are ordered to pay at concessional rate of interest prescribed in the incentive scheme of 1999. On 4th December, 2000 the petitioner requested the appropriate responden...
Tag this Judgment!Chen Kuam TaIn Vs. Cesc Ltd.
Court: Kolkata
Decided on: Apr-29-2002
Reported in: [2002]253ITR738(Cal)
ORDERSen Gupta, J.1. The writ petitioner's line was disconnected by the CESC on suspected case of pilferage as the officials of the CESC found on the date of detection that the original seals affixed on the body of the meter were replaced by spurious seals. The writ petitioner seriously challenged the aforesaid action and contended that there could not be any case of tampering of seals for using spurious seals by the petitioner Pursuant to the interim order granted by this Court, a certain amount has been paid and the line has been restored and the petitioner has been enjoying the electric connection since then. 2. Since the petitioner challenged the factual case of the CESC that the seals were replaced by spurious ones, therefore at the ad interim stage Justice Barin Ghosh was pleased to pass an order appointing a Special Officer for examination and comparison of the seals of the meter which are in dispute, with those of the meters which are not in dispute. The Special Officer submitt...
Tag this Judgment!Jay Bee Properties (P.) Ltd. Vs. Assistant Commissioner of
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Apr-26-2002
Reported in: (2003)84ITD698Cal
1. These are the appeals by the assessee for the assessment years 1986-87 to 1988-89 against the consolidated order of the Ld. CIT(A) dated 28-12-1999. As common points of disputes arc involved in these cases, for the sake of convenience, these appeals are heard together and disposed of by this common order.2. The original returns for the assessment years under appeal were filed by the assessee on 18-2-1987, 30-5-1988 and 2-8-1989 respectively. Thereafter a revised return was filed for the assessment year 1986-87 on 27-4-1988. The assessments were framed by the A.O.under Section 143(3) of the Act on 15-3-1989 and 22-12-1989 for assessment years 1986-87 and 1987-88 at Rs. 1,75,240 and Rs. 2,050 respectively. For assessment year 1988-89, the A.O. completed the assessment under Section 143(1) of the Act on 8-3-1990 whereby he did not allow carry forward of loss of Rs. 38,648. It appears from the record that the assessee went in appeal before the CIT(A) for assessment year 1986-87, who re...
Tag this Judgment!Uma Shankar Rai Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-26-2002
Reported in: (2002)2CALLT239(HC),[2002(94)FLR1202]
1. This is a Public Interest Litigation whereby the petitioner has espoused the cause of retired Assistant Teachers in Government aided Primary Schools of West Bengal settled outside West Bengal, and it is prayed that teachers of Government aided Primary Schools should get their pension from their respective home Districts in the same manner as is paid in case of Government, Municipal & Government aided school employees of Secondary/Higher Secondary Schools.2. The learned counsel for the petitioner submits that many of the retired employees of the Government aided schools after serving in the State of West Bengal and after their retirement being settled outside the State of West Bengal find it difficult to collect their pension. It is also submitted that it is not possible to come of and on to West Bengal to collect pension from the respective District. Therefore, in this Public Interest Litigation it is prayed that a writ of Mandamus be Issued directing the respondents to release pens...
Tag this Judgment!Girish Chandra Rout Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Apr-25-2002
Reported in: (2002)2CALLT385(HC)
A.K. Banerjee, J.1. Writ petitioner was member of the defence force. He was dismissed from service by applying the relevant provision of the Army Act and the Rules framed thereunder. By the Summery Court Martial procedure the writ petitioner was sentenced and awarded rigorous imprisonment for four months coupled with dismissal from service.2. The facts of this case would depict that at about 19.45 hours on 3rd September, 1997 the writ petitioner trespassed into the family quarter of his fellow colleague Mr. G. Sampat when he was out of station on leave and his wife was alone in the quarter alongwith her minor child. At the relevant time the writ petitioner was on duty and was given sentry duty.3. Mr. Kishore Dutta, learned counsel for the petitioner, challenged the order of punishment on following seven grounds :-(1) The charge was too vague to punish the writ petitioner; (2) The respondent authority was bias against the writ petitioner; (3) The purported admission on the part of the w...
Tag this Judgment!Ganesh Wire Industries Vs. C.E.S.C. Limited and ors.
Court: Kolkata
Decided on: Apr-25-2002
Reported in: (2002)3CALLT16(HC),2002(2)CHN649
Kalyan Jyoti Sengupta, J. 1. Originally the writ petition was filed alleging inaction of CESC in not granting separate new electric supply line to the writ petitioner. The short case made out in the writ petition as follows : One M/s. Champa wire Industries being the pro forma respondent No. 5 obtained financial accommodation from the West Bengal Financial Corporation for setting up its small-scale industries for manufacturing wire at premises No. 435 Jessore Road Calcutta. The pro forma respondent indeed set up industrial unit and obtained electric connection from the respondent No. 1. Thus there was contractual relationship between the respondent No. 5 and the respondent No. 1 as license and consumer. 2. The respondent No. 5 thereafter committed default in paying off the loan granted by the respondent No. 6 and in terms of the agreement the plant and machinery and other assets being possessed by the respondent No. 5 were taken over by the respondent No. 6 and the same was ultimately ...
Tag this Judgment!Sri Dwarikanath Chowdhury and ors. Vs. Sri Sadananda Chowdhury and ors ...
Court: Kolkata
Decided on: Apr-25-2002
Reported in: (2003)1CALLT332(HC),2003(2)CHN340
P.K. Ray, J. 1. In this application under Article 227 of the Constitution of India, defendants/petitioners have challenged the Order dated 10th December 2001 passed by learned 7th Court of Additional District Judge at Alipore in Civil Revision No. 398 of 2001 whereby and whereunder Civil revisional Application was dismissed and the order dated 20th June 2001 passed by learned Civil Judge, Senior Division, 5th Court at Alipore in title execution Case No. of 1989 was affirmed whereby learned Civil Judge, Senior Division aforesaid dismissed the application of the judgment debtor who prayed for recalling the order of police help as was allowed in favour of the decree holder in execution of the decree upto entertaining the application under Rule 208 of the Civil Rules and Orders of the High Court of Calcutta. Though this application in fact is a second revisional application challenging the order of lower Revisional Court under the guise of Artricle 227 of the Constitution of India, which a...
Tag this Judgment!E.S.i. Ltd. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Apr-24-2002
Reported in: 2003(156)ELT344(Cal)
Altamas Kabir, J.1. This appeal is directed against the judgment dated 28th November, 2001, passed by the learned Single Judge in W.P. No. 1304 of 2001, dismissing the writ petition filed by the appellants praying for a writ in the nature of Mandamus upon the respondents to release all the imported goods of the appellants seized by the respondents on 9th November, 2000, under Section 110(1) of the Customs Act, 1962, hereinafter referred to as the 'said Act'.2. As will appear from the case made out by the appellants, a certain quantity of raw silk yarn was imported by the appellants which reached Calcutta Port at Falta on 24th June, 2000, and 10th August, 2000 and possession of the said goods were taken at Calcutta on 5th July, 2000 and 20th August, 2000, respectively. According to the appellants the entire raw materials covered by the said two consignments were sent by them to the respondent No. 6, Eastern Enterprises, Ltd., who were engaged in the business of weaving imported raw silk...
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