Kolkata Court February 2003 Judgments
Arjan Mallick and Four ors. Vs. the State
Court: Kolkata
Decided on: Feb-11-2003
Reported in: (2003)2CALLT444(HC)
S.K. Gupta, J. 1. The present appeal has been preferred against the judgment and order of conviction passed by the learned Additional Sessions Judge, 4th Court, Nadia in Sessions trial No. 1 of January, 1995 whereby he convicted the present applicants under Section 147, 302 read with Section 149 of the Indian Penal Code and sentenced the accused persons to suffer rigorous imprisonment for life and also to pay fine of Rs. 5,000/- each in default to further rigorous imprisonment for one year each. The prosecution case in short, is that on 20.02.1986 one Md. Samsujjoha Mondal submitted a Written complaint to the O.C. Tehatta P.S. stating therein that his father Wazed Ali Mondal was an assistant teacher of a primary school of Kulgachhi village and on 20.02.1986 at about 1.00 p.m. while he was taking class of the infant Section of the said school, the accused persons along with others entered into the said school and started assaulting his father with lathi, ballam, tangi and as a result of...
Tag this Judgment!General Manager, Eastern Coalfields Ltd. and anr. Vs. Rajender Singh @ ...
Court: Kolkata
Decided on: Feb-11-2003
Reported in: (2003)IIILLJ467Cal
Jayanta Kumar Biswas, J.1. This Letters Patent appeal is against a judgment and order dated December 10, 1999 passed by a learned single Judge of this Court on a writ petition, being Civil Order No. 19764 (W) of 1995; it was filed by the respondent No. 1 herein. The appellants were respondent Nos. 3 and 6 in the said writ petition.2. The relevant portion of the impugned order, passed by the learned single Judge, reads as under:'In view of the discussions made hereinabove I declare the findings of the enquiry officer and the order of dismissal as null and void and I set aside and quash both the findings of the enquiry officer and the order of dismissal dismissing the writ petitioner from the service. The writ petitioner is entitled to his back wages from the date of his dismissal till he is allowed to resume his duty or until he retires from the service whichever is earlier. I direct the respondents to pay the writ petitioner his salaries from the date of dismissal till he is allowed to...
Tag this Judgment!Shree Mahalaxmi Cotton Mills Mazdoor Union and anr. Vs. Union of India ...
Court: Kolkata
Decided on: Feb-11-2003
Reported in: 2003(2)CHN389,(2003)IIILLJ634Cal
Pranab Kumar Chattopadhyay, J.1. The present writ petition has been filed by the recognised trade unions of Shree Mahalaxmi Cotton Mills (hereinafter referred to as SMC Mills) and Central Cotton Mills (hereinafter referred to as CC Mills) on behalf of their members' workmen. The writ petitioners have challenged the orders dated April 4, 2002 issued by the Government of India granting permission to close down Shree Mahalaxmi Cotton Mills and Central Cotton Mills, the notices dated April, 12, 2002 the Chairman-cum-Managing Director of National Textiles Corporation (WBABO) Ltd. [hereinafter referred to as NTC (WBABO) Ltd.] declaring closure of the said Shree Mahalaxmi Cotton Mills and Central Cotton Mills from May 6, 2002 and the notices dated April 18, 2002 and April 24, 2002 issued by the General Managers of the said SMC Mills and CC Mills respectively directing transfer of the workers to other NTC Mills. The writ petitioners also challenged the action of NTC (WBABO) Ltd. for not offeri...
Tag this Judgment!Bimal Kumar Mishra and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-11-2003
Reported in: (2004)1CALLT250(HC)
M. Sinha, J. 1. The first writ petitioner herein is the father of the second writ petitioner. The first writ petitioner on or about 23rd March, 1973, was appointed as a Shramik in the Debagram Group Electric Supply of the West Bengal State Electricity Board. Since his appointment, it is stated, the first writ petitioner discharged his duties sincerely, honestly and to the complete satisfaction of all concerned. In his entire service career the writ petitioner, it is stated, never faced with any complaint from his employer on any account and no disciplinary proceedings or any proceeding had or have ever been initiated against him so long he rendered his services as an employee of the West Bengal State Electricity Board (hereinafter referred to as the Board).2. The first writ petitioner is still in service and is due to retire on 31st May 2002, on attaining the age of superannuation of 60 years. A certificate in this regard, has been issued by the assistant Manager, Public and Accounts, ...
Tag this Judgment!Md. Akhtar HossaIn Vs. Suresh Singh and ors.
Court: Kolkata
Decided on: Feb-11-2003
Reported in: AIR2004Cal99
Pranab Kumar Chattopadhyay, J.1. This Second Appeal arises out of the decision of the learned Assistant District Judge; First Court at Howrah in Title Appeal No. 169 of 1990 passed on 23rd Dec. 1993 affirming the order dated 8th May, 1990 passed by the learned Munsif, Second Court at Howrah in Title Suit No. 86 of 1990.2. The plaintiff brought the aforesaid Title Suit being T.S. No. 86 of 1990 on 4th April, 1990 for a declaration that the decree passed earlier in Title Suit No. 87 of 1968 and Title Appeal No. 209 of 1969 passed on 16-11-1970 are mala fide, fraudulent, inoperative and are not binding upon the plaintiff and also for permanent injunction against the defendants restraining the said defendants from ousting the plaintiff from the suit premises in any way and taking possession thereof by execution in T. Ex. No. 19 of 1970 or by any other execution.3. Admittedly, prior to the aforesaid Title Suit No. 86 of 1990 the plaintiff instituted another suit being Title Suit No. 373 of ...
Tag this Judgment!Commissioner of Income-tax Vs. Bimal Kumar Damani
Court: Kolkata
Decided on: Feb-10-2003
Reported in: (2003)180CTR(Cal)452,[2003]261ITR87(Cal)
D.K. Seth, J.1. The assessee and another were intercepted by the customs authority on November 19, 1983, and from them US $ 47,700 and Indian currency of Rs. 1,500 were recovered. A proceeding under Section 135(1) of the Customs Act was initiated against the said two persons for possessing and dealing with smuggled currency. The customs authority had passed on the information to the Income-tax Department. The Income-tax Department did not take any steps. On October 9, 1986, the assessee filed a return seeking immunity under the voluntary disclosure scheme. The assessee denied the ownership but made out an alternative case, if found otherwise, for deduction of the amount confiscated by the customs authority as business loss. This was not accepted by the Assessing Officer, the Commissioner (Appeals) as well as the learned Tribunal. Reference under Section 256(1) of the Income-tax Act, 1961, therefrom was pending adjudication before this court. Subsequent to the conclusion of the assessme...
Tag this Judgment!Allied Electricals and Switch Fuses and ors. Vs. Assistant Provident F ...
Court: Kolkata
Decided on: Feb-10-2003
Reported in: (2003)3CALLT25(HC),2004(2)CHN194,(2003)IIILLJ360Cal
Amitava Lala, J. 1. It appears to this Court that by filing this writ petition on January 8, 2003, the petitioners challenged the notice of the Assistant Provident Fund Commissioner dated December 20, 2002, asking for payment of interest and damages for the belated remittances under Sections 7-Q and 14-B of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952. According to the petitioners, an application was made by the employees of the first petitioner on March 27, 1996, for the purpose of availing of the facilities of the Provident Fund Scheme and show willingness to contribute money per month from the salary as per rules and regulations of the authority. Since the authority concerned did not give any heed to such application, on May 18, 1998, the employer made similar application. On December 8, 1999, the authority concerned issued a notice of inspection under Section 13 of the Act. Necessary documents were forwarded by the first petitioner on December 17, 1999. Eve...
Tag this Judgment!B.D. Khaitan and Co. Ltd. Vs. Larsen Services and Trading Co.
Court: Kolkata
Decided on: Feb-10-2003
Reported in: 2003(2)CHN406
Altamas Kabir, J.1. This appeal has been taken up for hearing on the basis of the stay application, in terms of the direction contained in our order of 13th January, 2003. By our said order, leave was also given to the respondent to file cross-objection, which has duly been filed and has also been taken up for consideration along with the appeal.2. The appeal and the cross-objection are directed against a portion of the order dated 19th April, 2002 passed by the learned Company Judge in Company Petition No. 643 of 2000 filed by the appellant herein.3. By its winding up petition the appellant alleged that a principal sum of Rs. 7,57,764/- was due and payable by the company to the petitioner/appellant on account of goods sold and delivered by the petitioner to the company. Certain other dues on account of interest was also claimed by the petitioning creditor.4. As recorded by the learned Company Judge, the only defence to the claim of the petitioning creditor is that such claim is barred...
Tag this Judgment!Mrityunjay Sen Vs. Shrimati Sikha Sen
Court: Kolkata
Decided on: Feb-05-2003
Reported in: AIR2003Cal165,(2003)1CALLT168(HC)
S.K. Mukherjee, J. 1. In this case I am invited to decide the scope of the power of revision of the High Court under Section 115 of the Code of Civil Procedure, as amended by the Code of Civil Procedure (Amendment) Act, 1999.2. As the point involved in this case is a matter of general importance, I requested the learned members of the Bar to appear and assist me on the question of maintainability and scope of civil revision cases in view of the amendment of the Code of Civil Procedure by the Code of Civil Procedure (Amendment) Act, 1999.3. Mr Sudhis Dasgupta, learned senior advocate, appearing in support of this revisional application, argued that in spite of amendment of the Code of Civil Procedure by the amending Act of 1999, the High Court is not denuded of its revisional power in respect of interlocutory orders, which are not subject to appeals. Mr. Dasgupta argued that the expression 'any case which has been decided' by any Court subordinate to such High Court includes part of a s...
Tag this Judgment!Exporters of W.A. and anr. Vs. M.S.T.C. and ors.
Court: Kolkata
Decided on: Feb-05-2003
Reported in: (2003)2CALLT271(HC)
S.K. Mukherjee, J. 1. Let the affidavit-of-service filed in Court today be kept with the record.2. In view of the appearance of Mr. Mukherjee, learned advocate, for the opposite party No. 1, the revisional application is now ready for hearing. The service of notice of this revisional application on the opposite party Nos. 2 and 3 is dispensed with. The revisional application Is taken up for hearing by consent of the parties.3. This is an application under Article 227 of the Constitution of India against order dated September 27, 2002 passed by Shri T.K. Das, learned Civil Judge (Senior Division), Eighth Court at Alipore, District: South 24 Parganas in Title Suit No. 79 of 2001.4. The facts leading to the filing of this revisional application are summarised as under:A contract was entered into between the petitioners and the opposite party No. 1, inter alia, for supply of different quantities of stainless steel scrap. It was stipulated that in case of disputes and differences between th...
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