Kolkata Court December 2003 Judgments
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Dr. Nirmal Kumar Das Vs. Rabindra Bharati University and ors.
Court: Kolkata
Decided on: Dec-08-2003
Reported in: (2004)1CALLT494(HC)
M. Sinha, J.1. In this writ application, a resolution taken by the Executive Council of the Rabindra Bharati University, on 16 July, 2001, is under challenge. By the said resolution the said Executive Council rejected the application of the petitioner for re-employment. The petitioner herein, Dr. Nirmal Kumar Das, made an application under the provisions of Rule 159 of the First Statute (supplements) under the Rabindra Bharati University Act, 1981 (hereinafter referred to as 'the said Rule 159') for the said re-employment. Under the said provisions if any teacher wishes extension of his service after the completion of his full term of employment, then the said teacher is entitled to make an application before the concerned authority for extension or re-employment and on the basis of the said application the authority concerned decides as to whether the teacher in question should be re-emplyed. The provisions of the said Rule 159 for re-employment would be dealt with a little later in t...
SachIn Ghosh and ors. Vs. Niranjan Chandra Ghosh and ors.
Court: Kolkata
Decided on: Dec-08-2003
Reported in: (2004)2CALLT515a(HC),2004(2)CHN254
Arun Kumar Mitra, J.1. This second appeal has been preferred challenging the judgment and decree dated 30.9.1997 and 6.11.1997 respectively passed by the learned Civil Judge, Senior Division, Jangipur in Title Appeal No. 25 of 1993 reversing the judgment and decree dated 10.3.1993 and 18.3.1993 respectively passed by the learned Munsif, 1st Court, Jangipur in Title Suit No. 61 of 1986.2. This second appeal originates from a suit for declaration and permanent injunction. The case as has been made out by the plaintiffs in the Plaint is inter alia as follows :'The suit property belongs to them and they are in possession of the same. Originally Raghunath Ghosh alias Srikanta Ghosh and his wife Smt. Jogomaya Devi used to possess the suit property. During revisional settlement the name of Srikanta Ghosh, husband of Smt. Jogomaya Devi was recorded and in final publication also the same appeared. It has been stated that Srikanta Ghosh and his wife took settlement of plot No. 931 from the then ...
Munia Baji Alias Rehana Vs. Calcutta Municipal Corporation and anr.
Court: Kolkata
Decided on: Dec-08-2003
Reported in: (2004)2CALLT95(HC)
A. Lala, J. 1. This application for revision is made challenging the order No. 29 dated 13th March, 2001 passed by the learned Civil Judge (Senior Division) at Sealdah in rejecting the application under Order 6 Rule 17 of the Code of Civil Procedure that the appeal before the first Appellate Court arose from an order of dismissal of the suit by the Court of first instance on 31st May, 1997. It appears that the Court of first instance observed that the plaintiff did not make out such case to the effect that the second nomination of Fakir Mahammed was false on the ground of fraud, mis-representation, coercion, undue influence etc. When the employee concerned executed the second nomination form in cancellation to the first one and the authority passed the order of cancellation of first information and recorded the name of second nominee, unless the second nomination is cancelled (page 16 begins) the claim of the plaintiff cannot be allowed. Since the plaintiff has not prayed for cancellat...
Sri Hanuman Sugar and Industries Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Dec-05-2003
Reported in: (2004)187CTR(Cal)455,[2004]266ITR106(Cal)
Aloke Chakrabarti, J.1. This appeal was filed under Section 260A of the Income-tax Act, 1961, against the judgment and order of the Income-tax Appellate Tribunal in respect of the three assessment years, namely, 1978-79, 1979-80 and 1981-82.2. The facts relevant for the present appeal are that the petitioner, a public limited company, is engaged in the business of manufacture and sale of sugar in the sugar mills of the petitioner situated at Motihari. The petitioner operated the said factory which was mortgated to the Bihar State Financial Corporation and to the Industrial Financial Corporation of India. In view of the losses suffered by the petitioner-company, the petitioner leased out the said factory to the lessee, M/s. Gobind Sugar Mills Ltd., by a lease agreement dated May 1, 1969, for a period of five years under the terms and conditions recorded in the lease deed. The rent payable under the said lease were to go to the financial corporations to liquidate their respective dues fr...
Uttam Das and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-05-2003
Reported in: 2004(2)CHN171
Bhaskar Bhattacharya, J.1. Both these writ applications were heard analogously as the questions involved herein are interlinked.2. By the first writ application, the writ petitioner No. 1, claiming to be the Secretary of newly constituted Managing Committee of the school and the school itself, the other petitioner, have prayed for direction upon the respondent Nos. 6 and 7 to allow the petitioner No. 1 and the newly constituted Managing Committee to operate bank account for running of the school.3. By the second writ application, those petitioners have prayed for quashing of order dated June 10, 2003 passed by the Civil Judge (Junior Division), Third Court, Tamluk in Title Suit No. 43 of 2003 in the light of subsequent order dated June 22, 2003 being order No. 6.4. The following facts are not in dispute.5. The private respondent Nos. 8 and 9 of the second writ application filed a suit being Title Suit No. 43 of 2003 in the Court of Civil Judge (Junior Division), Tamluk thereby praying ...
Dipak Kumar Sarkar and ors. Vs. State of W.B. and ors.
Court: Kolkata
Decided on: Dec-05-2003
Reported in: AIR2004Cal182
ORDERAmitava Lala, J. 1. This writ petition is made for the purpose of issuance of Mandamus to show cause as to why the tender notice dated 1-10-2003 issued by the authority of the Malda Zilla Parishad-being Annexure 'P-3' will not be cancelled and/or set aside. A writ in the nature of prohibition was also made to that effect. The other consequential prayers are aso made in connection thereto. At the interim stage the petitioners have obtained interim order to the extent. 'In the meantime, there is no embargo upon the District Engineer, Malda Zilla Parishad, Malda to proceed with such tender notice but no final decision will be taken in respect of item Nos. 5, 6, 9, 15, 29 and 30 without leave of the Court'.2. A plea has been taken by the petitioners claiming to be the contractors that before the election of the Panchayat Raj Institution, the tender of the petitioners in respect of the aforesaid items were accepted as lowest. But no further action was taken due to forthcoming panchayat...
Commissioner of Income-tax Vs. Indra Co. Ltd.
Court: Kolkata
Decided on: Dec-05-2003
Reported in: (2004)190CTR(Cal)625,[2004]268ITR240(Cal)
Aloke Chakrabarti, J.1. This appeal was filed challenging the order of the Income-tax Appellate Tribunal, whereby the appeal preferred by the Revenue was dismissed.2. The facts relevant for the present purpose are that the assessee-company being the owner of the first floor of an old building in premises No. 14, N. S. Road, Kolkata, measuring 12,000 square feet approximately, let out 4,787 square feet therefrom to M/s. Bangur Brothers Limited at a monthly rent of Rs. 075 per square foot long back. Bangur Brothers had been granted the right to sublet the said 'office space to others and had actually sublet the same to M/s. Bengal Papers Mills Limited long time back. After Bangur Brothers surrendered its tenancy right, the assessee entered into a formal agreement of tenancy with Times Construction on April 17, 1987, in respect of the said office space and on May 12, 1987, Times Construction entered into an agreement with the State Bank of Bikaner and Jaipur for subletting the said office...
Jhuma Sardar Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-05-2003
Reported in: 2004(3)CHN7
Subhro Kamal Mukherjee, J. 1. Both the writ applications are taken up together as it has been submitted by the learned advocates appearing for the parties that similar questions of law and facts are involved in both the matters.2. The facts in relation to Writ Petition No. 14235(W) of 2003 are narrated for the purpose of appreciating the points involved in the said writ applications.3. The State of West Bengal granted a lease in respect of the disputed property at Kalyani Township in favour of one Nanigopal Saha for the period of 999 years on April 18, 1969. The possession of the disputed property was handed over to the lessee. Nanigopal Saha intended to transfer his leasehold interest in favour of the writ petitioner and as such an application for permission was filed on March 16, 1999.4. The Clause 9(f) of the original lease deed, granted by the State of West Bengal in favour of the said Nanigopal Saha, runs as under :'Not to transfer or assign the leasehold interest without the prev...
Jayanti Burman and ors. Vs. Iswar Satya Narayanjee and ors.
Court: Kolkata
Decided on: Dec-05-2003
Reported in: 2004(3)CHN51
Rajendra Nath Sinha, J.1. This appeal has been filed by the defendant/ appellant being aggrieved and dissatisfied with the order dated 29th April, 2003 passed by the learned Civil Judge, Senior Division, Second Court, Howrah in Title Suit No. 152 of 2000 wherein the learned Court allowed the petition under Order 40, Rule 1 by appointing a receiver for the suit properties.2. The background of the suit may be stated in brief:The plaintiff/respondent filed the suit for recovery of possession and mesne profit as against the defendant/appellant in respect of quite a large number of suit properties being municipal holding numbers 52, 52A and 52/1- 52/35 and 52/36, J. N. Mukherjee Road, Salkia, Howrah. It is further stated in the plaint that the relationship in between the parties is that of the owner of the suit properties and the lessee from time to time of different deeds with a clause for renewal of the lease.3. The eventual renewal of the lease was within 30th September, 1995 which was p...
Union of India (Uoi), Through the General Manager, South Eastern Railw ...
Court: Kolkata
Decided on: Dec-04-2003
Reported in: 2004(1)ARBLR228(Cal),2004(2)CHN498
Alok Kumar Basu, J.1. The present appeal is at the instance of Union of India, through General Manager, South Eastern Railway to challenge the judgment and order of the learned Single Judge of this Court dated 27th March, 2002 thereby dismissing the petition of the appellant filed under Sections 30/33 of the Arbitration Act, 1940 for setting aside the Award passed in favour of the respondent.2. The facts, relevant for disposal of the present appeal, may be briefly stated in this way.3. The respondent was entrusted with a civil work for repair/ reconstruction of piers between Chengail and Phuleswar Railway Station in Howrah-Kharagpur Division of South Eastern Railway by the appellant through a written contract. The respondent while undertaking the work specified under the contract had to undertake some other additional works under a compelling circumstances and at the request and with approval of the appellant. The respondent on completion of his work on 31st January, 1989 submitted his...
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