Kolkata Court March 2003 Judgments
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Dr. Sajal Kanti Chakraborty Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-10-2003
Reported in: 2003(2)CHN354
Altamas Kabir, J.1. The writ petitioner joined the post of Veterinary Assistant Surgeon in the office of the Director of Veterinary Services and Animal Husbandry, Government of West Bengal, on 18th April, 1958, and he continued to work in the said Directorate till he resigned from service on 8th April, 1985, while holding the post of District Veterinary Officer, West Dinajpur. According to the writ petitioner, his resignation was duly accepted by the Government with effect from 8th April, 1985, vide Order No. 2784-V/3M/1/85 dated 25th July, 1985, issued by the Deputy Secretary to the Government of West Bengal, and he was permitted to join the Gour Gramin Bank at Malda on 9th April, 1985, as Technical Officer (Animal Husbandry) and he ultimately retired from the service of the Bank on 31st January, 1997. He, thereafter, applied to the Directorate of Veterinary Services, Government of West Bengal, for his pensionary benefits under the provisions of Rule 59 of the West Bengal (Death-cum-R...
Sinclairs Hotels and Transportation Ltd. and anr. Vs. State of West Be ...
Court: Kolkata
Decided on: Mar-10-2003
Reported in: (2004)ILLJ1033Cal
Pranab Kumar Chattopadhyay, J.1. The petitioners in this writ petition have challenged the validity of the award of the Seventh Industrial Tribunal, Calcutta which was subsequently published by the Government of West Bengal by the order dated November 20, 2001.2. The respondent No. 4 was appointed as a Junior Executive and designated as senior Administration Officer in the petitioner company with effect from January 1, 1984 on certain terms and conditions. At the time of offering employment to the said respondent No. 4, it was specifically mentioned by the petitioner company that three months notice on either side or payment of salary in lieu thereof shall be sufficient to terminate the employment. The specific clause regarding termination of service as mentioned by the Joint Managing Director of the petitioner company in the offer letter dated December 24, 1983 addressed to the respondent workman is quoted hereunder:'Termination of service: Three months' notice on either side or payme...
Colliery Mazdoor Sabha Vs. Manager, Ramnagar Colliery and ors.
Court: Kolkata
Decided on: Mar-10-2003
Reported in: 2004(2)CHN631
Amitava Lala, J. 1. This writ petition has been made by the Colliery Mazdoor Sabha making the Manager of the concerned Colliery and Central Government Industrial Tribunal as party respondents. Although the order of reference which has been raised by the Government of India is questioned, but such Government was not party respondent herein. The writ petition has been supported by an affidavit filed by the President of the Union as he was acquainted with the facts as derived from the record and competent to swear such affidavit.2. By making this writ petition, in effect, the petitioner wanted to establish that the workmen are entitled to get lesser punishment than the order of dismissal which has been passed in the facts and circumstances of this case. Therefore, the punishment which has been affirmed by the Tribunal in the award is disproportionate. Accordingly, the Writ Court can direct the Tribunal to review the facts and circumstances of this case.3. According to the learned Counsel ...
Felu Chandra Das Vs. Mahesh Prasad Singh
Court: Kolkata
Decided on: Mar-10-2003
Reported in: 2004(4)CHN248
Pranab Kumar Chattopadhyay, J.1. This writ petition is directed against the judgment and order dated 29.04.2002 passed by the learned Chief Judge, Small Causes Court, Calcutta. From the record, it appears that an application under Section 41 of the Presidency Small Cause Courts Act, was filed by the plaintiff (who is the petitioner herein) for eviction of the defendant M.P. Singh. According to the plaintiff the said M.P. Singh was allowed to occupy the suit premises as a licensee and since the said licence had been revoked, the defendant cannot remain in the suit premises. Accordingly, the plaintiff claims that he is entitled to get relief for recovery of khas possession of the suit premises by evicting the defendant therefrom.2. The learned Chief Judge ultimately, held that the suit by licensor against a gratuitous licensee is not.....before the Presidency Small Cause Court under Section 41 of the Presidency Small Cause Courts Act and relying on the decision of the Division Bench of t...
Peerless General Finance and Vs. Jt. Cit
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Mar-07-2003
Reported in: (2003)85ITD215(Kol.)
The appeals filed by the assessee are directed against the common order dated 16-12-1998 passed by the Commissioner (Appeals) for the assessment years 1985-86 and 1986-87.The main effective common ground in these cases is that the lower authorities refused to carry forward the business loss of the assessee for the assessment years 1985-86 and 1986-87 for setting off with his business income for subsequent assessment year on the ground that the returns for the said assessment years were filed late.The learned counsel for the assessee stated that the lower authorities were not justified in refusing to carry forward the business loss claimed by the assessee. It was further contended that while refusing to carry forward the business loss the assessing officer failed to take note of several judicial decisions to the effect that return of income filed under section 139(4) should be deemed to have been filed under section 139 of the Income Tax Act and consequently the business loss determine...
Peerless General Finance and Vs. Joint Commissioner of Income Tax
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Mar-07-2003
Reported in: (2003)79TTJ(Kol.)915
1. The appeals filed by the assesses are directed against the common order dt. 16th Dec., 1998, passed by the CIT(A) for the asst. yrs.1985-86 and 1986-87.2. The main effective common ground in these cases is that the lower authorities refused to carry forward the business loss of the assessee for the asst. yrs. 1985-86 and 1986-87 for setting off with his business income for subsequent assessment year on the ground that the returns for the said assessment years were filed late.3. The learned counsel for the assessee stated that the lower authorities were not justified in refusing to carry forward the business loss claimed by the assessee. It was further contended that while refusing to carry forward the business loss the AO failed to take note of several judicial decisions to the effect that return of income filed under Section 139(4) should be deemed to have been filed under Section 139 of the IT Act and consequently, the business loss determined on the basis of such belated return ...
Smt. Ashalata Mahapatra and ors. Vs. Kamal Krishna Goswami and ors.
Court: Kolkata
Decided on: Mar-06-2003
Reported in: (2003)3CALLT424(HC)
A.K. Mitra, J,1. This second Appeal has been preferred challenging the judgment delivered and decree passed by the learned Additional District Judge, 2nd Court, Midnapore in Title Appeal No. 229 of 1976 dated 11.5.1977 and 18.5.1977 respectively reversing the judgment and decree dated 12.3.1976 and 20.3.1976 respectively passed by the learned Munsif, 2nd Court at Midnapore in Title Suit No. 231 of 1966.2. The defendant Nos. 2 to 4 are the appellants herein. The case as has been made out by the plaintiff Kamal Krishna Goswami in the plaint is, inter alia, as follows:The plaintiff (respondent No. 1 herein) stated in the plaint that the suit land belonged to the mother of the plaintiff Siddeswari Debya who purchased this land by an auction sale and has been possessing the suit land by praying rents to the Government after mutation of her name. The said Siddeswari Debya used to own and possess the suit land along with other lands. Remaining in possession of the said land including the suit...
Nalini Kumar Majumder Alias Nalini Ranjan Majumder Vs. Dwijendra Kr. S ...
Court: Kolkata
Decided on: Mar-05-2003
Reported in: (2003)3CALLT87(HC)
A.K. Mitra, J.1. Challenging the judgment dated September 5, 1986 and the decree dated September 17, 1986 passed by the learned Additional District Judge, Second Court, Nadia in Title Appeal Nos. 102 of 1985 and 103 of 1985 affirming the Judgments dated 1.3.1985 and decree dated 11.3.1985 passed by the learned Munsif, Second Court at Ranaghat, Nadia in T.S. No. 706 of 1980 these two second appeals have been preferred. The Title Suit No. 380 of 1980 and Title Suit No. 706 of 1980 were tried analogously and by a single judgment both the suits were disposed of. Accordingly, Title Appeal No. 102 of 1985 and 103 of 1985 were also heard analogously and both the appeals were disposed of by a single judgment. The back-drop of the appeals as come out from the records is, inter alia, as follows:2. Nalini Kr. Majumder being the plaintiff filed Title Suit No. 474 of 1978 on 14.12.1978 and on transfer it was renumbered as Title Suit No 380 of 1980 against Dwijendra Kr. Sil being the defendant. This...
Union of India (Uoi) Vs. Arun Jyoti Kundu and ors.
Court: Kolkata
Decided on: Mar-04-2003
Reported in: (2004)1CALLT75(HC)
A. Chakrabarti, J.1. Union of India has moved the present writ petition challenging the Judgment and order of the Central Administrative Tribunal, Calcutta Bench, whereby the applications filed by the private respondents herein, were allowed directing the authorities to give the benefit of the same pay scales to the private respondents as are applicable to the Senior Clerks, Head Clerks and Office Superintendent - Grade-II with effect from 1.1.1996 with further direction to pay the arrears within three months from the date of communication of the order.2. More than 200 employees under the railways holding the posts of Senior Typists, Head Typists, Chief Typists etc. filed applications before the Central Administrative Tribunal seeking direction upon the railways authorities to grant them benefit of pay scales as per recommendation of the 5th Pay Commission in respect of typists in categories (i) and (ii) therein and to grant pay scale at par with the general Clerical cadre i.e. Senior ...
Jiten Bouri Vs. State of West Bengal
Court: Kolkata
Decided on: Mar-03-2003
Reported in: (2003)2CALLT457(HC),II(2003)DMC774
P.K. Biswas, J.1. This is an application under Section 482 of the Code of Criminal Procedure filed at the instance of the petitioner Jiten Bouri seeking to set aside the order dated 19.7.2002 passed by the learned Sessions Judge, Purulia in Criminal Motion No. 66 of 2002 affirming the judgment and order dated 11.7.02 passed by Sub-Divisional Judicial Magistrate, Raghunathpur, Dist. Purulia in connection with Raghunathpur, P.S. Case No. 26/02 dated 16.5.02 rejecting his prayer for custody of the victim girl.2. The short facts leading to the filing of this revisional application are as under:One Sri Ganesh Chandra Mondal, O.P. No. 2 herein lodged one information at Raghunathpur P.S. and on the basis of the same, a case being Raghunath P.S. Case No. 26/02 dated 16.5.02 under Sections 341/ 323/365/506/34 of the Indian Penal Code was started against the present petitioner and another.3. In the aforesaid information, it was alleged that one Kumari Sujata Mondal did not return to her house ev...
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