Kolkata Court January 2004 Judgments
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Sujit Kumar Roy Vs. Reserve Bank of India and ors.
Court: Kolkata
Decided on: Jan-13-2004
Reported in: (2004)2CALLT216(HC),(2004)IIILLJ641Cal
Amitava Lala, J.1. This writ petition was filed by an ex-employee of the Reserve Bank of India praying inter alia as follows:(a) A declaration that the third and fourth provisos to sub-Regulation (1) of Regulation 26 of the Reserve Bank of India (Staff) Regulations, 1948 is null and void as it confers absolute, arbitrary and unguided powers in the Reserve Bank of India and in thin ultra vires Articles 14 and 16 of the Constitution of India;(b) A writ in the nature of Mandamus directing the respondents not to give any effect and/or further effect to the purported decision/order of premature retirement of the petitioner in the post of the Chief General Manager of Reserve Bank of India, at its Regional Office at Calcutta as in annexure 'P/2' herein.(c) A further writ in the nature of Mandamus commanding the respondents to cancel, to rescind the purported decision/order of premature retirement of the petitioner in the post of the Chief General Manager of Reserve Bank of India at its Region...
Swapan Kumar Basu Vs. United Bank of India and ors.
Court: Kolkata
Decided on: Jan-12-2004
Reported in: (2004)2CALLT57(HC),2004(4)CHN148,[2004(102)FLR436],(2004)IIILLJ347Cal
Indira Banerjee, J. 1. This writ application is directed against the action of the respondents in not fixing the subsistence allowance of the petitioner on the basis of the present revised salary that the petitioner would have got had the petitioner not been suspended from service, in terms of the Indian Banks Association circular dated 11th August, 1998.2. By an order dated 26th August, 1987 the petitioner was suspended from service as Chief Manager of the Old Court House Street Branch of the respondent Bank.3. At the time of his suspension, the petitioner was getting a salary of Rs. 2,992.14 per month. The subsistence allowance of the petitioner was fixed at Rs. 1,496.14, being 50 per cent of the salary that the petitioner was getting at the time of his suspension. On expiry of three months from the date of suspension, the subsistence allowance was enhanced to 75% of Rs. 2,992.14p.4. The petitioner has been kept under suspension for over 16 years. It is contended that the respondent ...
North Calcutta Co-operative Labour Contract and Construction Society L ...
Court: Kolkata
Decided on: Jan-12-2004
Reported in: (2005)1CALLT608(HC)
A. K. Mitra, J.1. This writ petition has got a chequerred history. The petitioner No. 1 is a labour contract and .construction co-operative society. The member of the petitioner's Society are of contractor's labour and they are engaged in different kinds of Job in different places under Sealdah Division Eastern Railway and under the overall administrative control and management of Senior DME(Power). The respondent No. 6 herein since 1970 to 1981.2. Initially, a tender was called from the railway administration Sealdah from the contractors for supply of labour for different kinds of job under the said Sealdah Division and after the acceptance of the Tender the LOCO-Foreman of Chiptur Yard directed the contractor to submit the list of labourers and it was submitted and the list has been made annexure 'A' to the writ petition. The claimants herein are said labourers as mentioned in annexure 'A' to the writ petition. According to the petitioner the labourers were given 'token' as an identi...
Prabir Ch. Ghosh Vs. Sri Riju Thakur
Court: Kolkata
Decided on: Jan-09-2004
Reported in: (2004)1CALLT633(HC)
A. Lala, J.1. This is an application under Section 104 of Code of Civil Procedure challenging the order being order No. 84 of 19th July, 1999 passed by the learned Judge, 8th Bench, City Civil Court at Calcutta. Such order was passed allowing the application under Section 17(2) of the West Bengal Premised Tenancy Act, 1956 read with Section 151 of the Code of Civil Procedure holding that there is no arrear of rent due and payable by the defendant to the plaintiff. In further, the deposits of rent made in the name of original plaintiff since dead are all valid and plaintiff had liberty to withdraw the deposited rents on proper application.2. According to the petitioner, predecessor-in-interest of the petitioner instituted an Ejectment Suit being No. 52 of 1979 in the self-same Court for eviction of one Padarath Thakur and Riju Thakur alias Raju Thakur, since deceased, original opposite party herein, on the ground of default in paying rent. During the pendency of this suit Padarath Thaku...
Shaw Wallace and Co. Ltd. and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-09-2004
Reported in: 2004(3)CHN362
Bhaskar Bhattacharya, J.1. By this writ application, the petitioners have challenged an order of eviction passed by the Board of Wakfs since affirmed by the Appellate Authority in exercise of power conferred under Section 54A of the Bengal Wakf Act, 1934 ('Act').2. The facts relevant for disposal of this writ application are stated below :The property involved is a part of the estate of the wakf created by Prince Golam Mohammed, a son of Tipu Sultan. By a registered deed of lease dated 29th June, 1909, the then Mutwallis of the estate leased out the property to one Joseph Issac Joseph Hyam for a period of 75 years w.e.f. 1st July, 1909. M/s. Shaw Wallace & Co., the petitioner No. 1 herein was a sub-lessee under the aforesaid lessee. After the lease of 75 years expired w.e.f. 1st July, 1984, the Wakf Estate, the lessor, had not taken any step for recovery of possession from the lessee or sub-lessee but subsequently the said Shaw Wallace & Co. negotiated with Md. Mobinuddin, Trustee-Chai...
Dhirendra Nath Sardar and ors. Vs. Smt. Sarala Bala Naskar and ors.
Court: Kolkata
Decided on: Jan-09-2004
Reported in: (2004)2CALLT481(HC)
A. Lala, J. 1. This appeal arises out of concurrent findings of both the Courts below in respect of passing a preliminary decree in a partition suit. If such part is concurrent finding of fact the same cannot be taken into account by this Court in second appeal. But it has to be determined. Since at the time of admission of the appeal in 1971 or before, there was no procedure prescribed for the purpose of formulating point/s and since there is no bar about formulating point even at the time of hearing of the second appeal, hereby formulate the following points for due consideration:(a) Whether the second partition suit is maintainable when compromise was arrived at by the vendor of the 50% shares of the property with her co-sharers in the first partition suit?Incidentally;(b) Whether the property can be transferred by other co-sharers during the pendency of the second appeal in spite of having the restraint order of the Court and in defiance of the same?2. So far as the first point is ...
Eastern Coalfields Limited Vs. Kripa Sankar Somany and ors.
Court: Kolkata
Decided on: Jan-08-2004
Reported in: 2004(1)CHN662,(2004)IIILLJ375Cal
ORDERD.K. Seth, J. 1. The disciplinary proceeding was initiated against the respondent/writ petitioner levelling three charges. The first charge related to furnishing of false information regarding name, age and qualification for obtaining employment amounting to misrepresentation, the second charge related to moral turpitude and the third charge related to breach of service rules. The Disciplinary Authority had found the writ petitioner guilty of the first charge and had found that the second and third charges were not proved. By the time the disciplinary proceeding was over, the writ petitioner had retired. In the circumstances, 15% of the gratuity payable to the writ petitioner was withheld as punishment on account of misconduct proved under the first charge. Learned Single Judge in the judgment and order dated 30th August, 2001 passed in WP No. 2248 of 1996 under appeal was pleased to hold that in view of subsection (6) of Section 4 of the Payment of Gratuity Act, 1972, no part of ...
Sri Sri Lakshmi Janardan Thakur and ors. Vs. Prabhat Kumar Paul and or ...
Court: Kolkata
Decided on: Jan-08-2004
Reported in: 2004(2)CHN270
Alok Kumar Basu, J.1. This is a suit at the instance of the receiver on behalf of the three deities namely, Sri Sri Lakshmi Janardan Sila Thakur, Sri Sri Vairabeswar Shib Thakur and Sri Sri Kailash Nath Shib Thakur appointed by this Court in connection with Administration Suit No. 2491 of 1948 for a declaration that premises No. 13, Sitaram Ghosh Street, Calcutta-9 (hereinafter to be mentioned as suit property) belonged to the deities and for cancellation of the deed of lease executed by defendant Nos. 2 to 4 in favour of original defendant No. 1 Padma Rani Paul since deceased and for further declaration that defendant No. 1(A) of the present suit never acquired any right of possession in any manner also for recovery of possession of the suit property from the said defendant. The plaintiffs have also prayed for injunction against defendant No. 1(A) restraining him or any other person claiming under him from interfering with the peaceful possession of the deities over the suit property ...
B.M.G. Crossing Pvt. Ltd. and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-08-2004
Reported in: 2004(3)CHN594,(2005)ILLJ210Cal
Pratap Kumar Ray, J.1. Heard learned Advocates appearing for the parties.2. This writ application has been filed by the petitioners Messrs. B.M.G. Crossing (P) Limited and one of its Directors challenging the award dated 2.1.2003 passed by the learned Judge, 2nd Labour Court, West Bengal, whereby and whereunder the industrial reference under Section 10(1B) of the Industrial Disputes Act was answered in favour of the workman, respondent No. 3 of this application directing the present petitioners to reinstate the workman and to pay all his back wages within 30 days from the date of the order. Learned Advocate for the petitioners submits that the workman was transferred to Uluberia factory directing his attendance at 9 a.m. by relaxing the condition of attendance at 8 a.m. as applicable to other workmen, but the workman since did not join the factory at 9 a.m., a warning letter was issued on 12.12.96 directing him to attend at 9 a.m. positively on everyday, failing which his service would...
C.E.S.C. Ltd. and anr. Vs. Deputy Commissioner of Income Tax and ors.
Court: Kolkata
Decided on: Jan-08-2004
Reported in: (2004)192CTR(Cal)552
D.K. Seth, J.1. The appellants filed Writ Petn. No. 714 of 1996 challenging the notices issued under Section 154 of the IT Act, 1961 (the Act), seeking to rectify summary assessment made under Section 143(1)(a) of the Act for the asst. yrs. 1990-91, 1992-93, 1993-94 and 1994-95. In the writ petition, the assessment for the year 1995-96 under Section 143(l)(a) of the Act was also challenged. The petitioner had claimed allowable deduction in respect of the contingency reserve fund in the respective returns. Upto the asst. yr. 1994-95, the returns were accepted, allowing deduction in respect of the appropriation to contingency reserve fund and intimation under Section 143(1)(a) was issued. Subsequently, notice under Section 143(2) was issued. Regular assessment under Section 143(3) was completed disallowing the appropriation to contingency reserve for the asst. yrs. 1990-91 and 1992-93. Whereas regular assessment in respect of the asst. yrs. 1993-94 and 1994-95, pursuant to the notice und...
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