Kolkata Court April 2002 Judgments
Forward Seamen's Union of India (UOi) Vs. Union of India (UOi) and Ors ...
Court: Kolkata
Decided on: Apr-09-2002
Reported in: (2003)2CALLT395(HC)
A.K. Ganguly, J.1. This writ petition has been filed by the Forward Seamen's Union of India, a registered Trade Union, seeking to represent various categories of seamen engaged in Indian and Foreign vessels and also home trade vessels. The subject matter of challenge in this writ petition is primarily in respect of two notifications being annexures P/2 and P/3 issued by the Government of India, Ministry of Surface Transport, Director General of Shipping. The actual notification is dated 27.03.2001 being the order of Director General of Shipping, the second respondent and the communication dated 30.03.2001 is a covering letter. Annexure P/3 is a communication dated 11.04.2001 issued on behalf of the Director, Government of India, Ministry of Surface Transport, Seamen's Employment Branch, addressed to the Shipping Corporation of India, the sixth respondent. In the said communication, the Director General of Shipping informed the sixth respondent that in terms of the order of the second r...
Tag this Judgment!Hitu Munda and ors. Vs. Chief Judge, Court of Small Causes
Court: Kolkata
Decided on: Apr-08-2002
Reported in: [2003(97)FLR256],(2002)IIILLJ828Cal
Bhaskar Bhattacharya, J.1. This revisional application under Article 227 of the Constitution of India is at the instance of workmen and is directed against order dated January 8, 1999 passed by the learned Chief Judge, Small Causes Court, Calcutta, the appellate authority under the Payment of Wages Act ('Act') in P.W.A. Appeal No. 4 of 1991 thereby setting aside order dated June 20, 1991 passed by the Authority under Payment of Wages Act in P.W.A, Case No. 56 of 1985.2. The petitioners, who arc all workmen under the respondent filed a joint petition before the Authority under Section 15 of the said Act alleging illegal deduction from the wages of the applicants.3. The petitioners claimed that in accordance with Rule 6 of the Certified Standing Orders, their weekly duty hours are restricted to 45 hours and they are entitled to get overtime wages for doing more than 45 hours a week. According to them, as per Rule 7 of the said Standing Order, they should getovertime at the single rate fo...
Tag this Judgment!Arya Pratinidhi Sabha and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-08-2002
Reported in: (2003)2CALLT94(HC)
P.K. Ray, J. 1. In this writ application, the petitioners, Arya Pratinidhi Sabha, Bengal and its General Secretary have challenged the guidelines for recruitment of teachers, including Headmaster/Headmistress and Assistant Headmaster/Assistant Headmistress of the recognised Non-Government aided Secondary Institutions running on special rules allotted by the appropriate authority and for the secondary institutions which receive D.A. from the respective District Inspector of Schools in the State as issued by the Director of School Education, West Bengal under Memo No. 1267/ 1(21)/SA dated 26.11.98 being annexure A at page 19 of the writ petition as well as procedure for recruitment of teaching and non-teaching staff including Headmaster/Headmistress/Assistant Headmaster/Assistant Headmistress in non-Government Aided Secondary Schools which Department of School Education, Government of West Bengal accepts to have been established and administered by minority issued by the Director of Scho...
Tag this Judgment!A.W. Figgis and Co. Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Apr-05-2002
Reported in: [2002]256ITR268(Cal)
Tarun Chatterjee, J. 1. The following questions were referred to this court for our opinion under Section 256(2) of the Income-tax Act, 1961 (in short 'the Act') : '1. Whether in view of the fact that the applicant as a tea broker is neither the purchaser nor the seller of tea and the sale proceeds of tea are not the applicant's trading receipts, the Tribunal was correct in holding that the sales tax collected by the applicant as a tea broker was its income and the amount of sales tax collected but remaining unpaid at the end of the year was disallowable under Section 43B of the Income-tax Act, 1961 2. Whether, the Tribunal was justified in confirming the charging of interest under Section 216 of the Income-tax Act, 1961, amounting to Rs. 10,656 for the reasons stated in the order on conjecture and surmise not based on any material on record or were otherwise perverse ?' 2. The assessee who is the applicant before us is a private limited company, carrying on the business of tea brokin...
Tag this Judgment!Balai Chandra Kar Vs. the State of West Bengal
Court: Kolkata
Decided on: Apr-05-2002
Reported in: (2002)3CALLT73(HC)
P.K. Biswas, J.1. This is an application under Section 227 of the Constitution of India filed at the instance of one Balai Chandra Kar, petitioner herein against the opposite party/State seeking to set aside the impugned order dated 7.7.94 passed by the learned Appellate Authority being Special Secretary, Food and Supplies Department, Government of West Bengal in Essential Commodities Confiscation Appeal No. 3 of 1993 (arising out of E.C. case No. 10/S-1988) thereby rejecting the Memo of Appeal filed on behalf of the petitioner challenging the order of confiscation dated 19.7.93 passed by the learned Sub-Divisional Officer, Midnapore (Sadar), South (Collector under the Essential Commodities Act) in E.C. case No. 10/S-1988. The short facts leading to the filing of this application are as under :- 2. Assailing an order of confiscation passed by the learned Sub-Divisional Officer. Midnapore (Sadar) South (Collector under the Essential Commodities Act) in E.C. case No. 10/S-1988 dated 19,7...
Tag this Judgment!Tea Trading Corporation of India Limited Vs. the Saturday Club Limited
Court: Kolkata
Decided on: Apr-05-2002
Reported in: 2003(2)CHN369
T. Chatterjee, J.1. This is an appeal from a judgment and/or order passed by a learned Judge of this Court on 16th December, 1991 in Company Petition No. 324 of 1991 whereby and whereunder the application for winding up of the Tea Trading Corporation of India Ltd. (hereinafter referred to as 'the company') the appellant herein was admitted subject to scrutiny for an amount of Rs. 10,35,314/-2. The facts leading to filing of this appeal are enumerated below:--The company had neglected to pay the respondent Rates and Taxes which they are liable to pay or deposit under an agreement dated 24th March, 1987 entered into by the company and the respondent. The respondent is a lessee of premises in question and they have sub-let a portion of the same to the company. The respondent was paying Municipal Taxes leviable in respect of the premises prior to 1st April, 1980. The valuation of the premises was determined on the basis of the rents paid by the respondent to the landlord. By reason of the ...
Tag this Judgment!A.W. Figgis and Co. Ltd. Vs. Cit
Court: Kolkata
Decided on: Apr-05-2002
Reported in: (2002)175CTR(Cal)203
Tarun Chatterjee, J.The following questions were referred to this court for our opinion under section 256 (2) of the Income Tax Act 1961 (hereinafter referred to as 'the Act') :'1. Whether in view of the fact that the applicant as a tea broker is neither the purchaser nor the seller of tea and the sale proceeds of tea are not the applicant's trading receipts, the Tribunal was correct in holding that the salestax collected by the applicant as a tea broker was its income and the amount of sales-tax collected remaining unpaid at the end of the year was disallowable under section 43B of the Income Tax Act, 1961 ?2. Whether the Tribunal was justified in confirming the charging of interest under section 216 of the Income Tax Act, 1961, amounting to Rs. 10,656 for reasons stated in the order on conjecture and surmise not based on any material on record or were otherwise perverse ?'2. The assessee who is the applicant before us is a private limited company, carrying on business of tea broking ...
Tag this Judgment!Amitava Dey Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-04-2002
Reported in: (2003)2CALLT243(HC)
P.K. Ray, J.1. Heard the learned advocate appearing for the parties.2. In the instant writ application the petitioner challenged the decision dated 1.3.96 passed by the Chairman, Adhoc Committee, Birbhum District Primary School Council, Suri, being annexure 'E' to the writ petition, whereby and whereunder the petitioner's prayer for appointment on compassionate ground under died-in-harness category was rejected upon holding, inter alia, that petitioner had sufficient means to maintain himself due to his stay in town where he was maintaining himself being engaged as private teacher. In the impugned decision the said authority did not deal with the contentions made in the earlier writ application filed by the petitioner upon which Paritosh Kumar Mukherjee, J. (as His Lordship then was) by the order dated 11.2.94 directed the said authority to decide annexure 'B' to the writ application. Annexure 'B' to the said writ application was an application dated 24.3.93 filed by the present petiti...
Tag this Judgment!Bechara Kora Mudi and ors. Vs. the State of W.B.
Court: Kolkata
Decided on: Apr-03-2002
Reported in: 2002CriLJ2770
Joytosh Banerjee, J.1. The appeal is directed against the judgment and order of conviction under Section 302 read with Section 34, IPC and the sentence of R.I. for life and also to a fine of Rs. 1000/- each in default R.I. for a further period of one year, imposed upon all the five appellants/accused here.2. In a nutshell, the prosecution case is that on 16-2-87 at about 4 p.m. the informant Mijanur Rahaman (P.W. 1) got the information from Labanu Barman (P.W. 6) that his father Saifur Rahaman had been murdered by the appellants/accused. Getting that information, the informant rushed to the spot that is to say the field within the Mouza Haridas under P.S. Gazole accompanied by some of his co-villagers and found that his father was lying dead on the field. The informant noticed that the victim had bleeding injury on the head. It was further alleged in the FIR that there was a long standing dispute over some land between the accused persons and the victim and there was also litigation ov...
Tag this Judgment!Supriya Chattopadhyay Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-02-2002
Reported in: (2004)2CALLT503(HC),2002(4)CHN68
A. Chakrabarti, J.1. The petitioner herein is an assistant teacher having been appointed long back in October, 1978. When a memorandum dated December 21, 2001 (annexure P-3 to the writ petition) was issued prohibiting private tuition by the assistant teachers and making an obligation for each teacher to submit declaration every three months declaring that he/she is not engaged in private tuition of students of any school or any other institution had not engaged in any kind of business or trade and not acting as any agent of any company/corporation, the same has been challenged by the petitioner contending that such action of the respondents calling upon the petitioner to file such a declaration affects the dignity of the petitioner. Therefore, compelling the petitioner to file such declaration and in default withholding grant resulting in non payment of salary to the petitioner affects the petitioner's right to life and is violative of Article 21 of the Constitution. Moreover, such pro...
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