Kolkata Court February 2004 Judgments
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Ajit Kumar Nag Vs. General Manager (Pj), Indian Oil Corporation Ltd. a ...
Court: Kolkata
Decided on: Feb-06-2004
Reported in: (2004)2CALLT64(HC),[2004(102)FLR521],(2004)IIILLJ800Cal
D.K. Seth, J. 1. The writ petitioner had unsuccessfully challenged the order of termination dated 6th May 1999 in exercise of Clause 20(VI) of the standing order for the Haldia Refinery of the Indian Oil Corporation Limited (Refineries and Pipelines Division) certified under the Industrial Employment (Standing Orders) Act, 1946 in writ petition No. 10667(W) of 1999 since dismissed by an order dated 9th July 2002 passed by the learned single Judge, which is under challenge in this appeal.Submission on behalf of the appellant:2. Mr. K.K. Moitra, learned senior counsel, appearing on behalf of the appellant/petitioner, had assailed the judgment on four principal grounds: first, the provisions contained in Sub-clause (VI) of Clause 20 of the standing order is an exception, which can be exercised only in an extremely exceptional case, the test whereof has not since been satisfied in the case of the petitioner. Relying on Motiram Deka and Ors. v. General Manager, North East Frontier Railway, ...
Om Prakash Modi Vs. State
Court: Kolkata
Decided on: Feb-06-2004
Reported in: 2004(2)CHN560
Asit Kumar Bisi, J. 1. This appeal by the appellant is directed against the judgment and order of conviction and sentence passed by the learned Judge, Special Court, Asansol on 23.11.87 in T. R. No. 8 of 1987 corresponding to D.E.B.G.R. case No. 84 of 1985. By the impugned judgment and order the learned Trial Judge found the accused guilty of the offence punishable under Section 7(1)(a)(ii) of the E. C. Act, convicted him thereunder and sentenced him to suffer rigorous imprisonment for three months and also sentenced him to pay fine of Rs. 1,000/- in default to undergo further rigorous imprisonment for fifteen days.2. As per the prosecution case on 18.11.85 on source information the complainant S.I. Benoyananda Chakraborty, D.E.O., Raniganj with D.E.B. forces of Raniganj visited the shop and godown of the accused Om Prakash Modi styled as M/s. Muralidhar Mohanlal at 10 a.m. On checking in the godown the total stock of 444 bags containing 444 qntls. of wheat had been found in actual sto...
Subhas Chandra Mitra Vs. Netai Chand Dey
Court: Kolkata
Decided on: Feb-06-2004
Reported in: (2004)2CALLT126(HC),2004(2)CHN679
Dilip Kumar Seth, J.1. This appeal was admitted only on the ground that whether the suit for eviction can succeed on the basis of the second notice after service of the first notice since admitted to have been received by the tenant and replied to.Appellant's submission:2. Mr. Chatterjee, the learned counsel for the appellant, in support of his contention divides this point into two limbs. The first one is that the second notice was addressed to the tenant in the suit premises. This notice returned with the postal endorsement 'not claimed'. The learned Courts below concurrently found that this was a valid service. According to Mr. Chatterjee, the endorsement 'not claimed' can be accepted as valid service only in certain cases. One such instance is that where the tenant is residing in the premises and the notice was tendered several times and then it was returned with the endorsement 'not claimed', in such a case it can be treated to be a valid service. In this case, as pointed out by M...
Raghupati Singhania Vs. Wealth Tax Officer and ors.
Court: Kolkata
Decided on: Feb-06-2004
Reported in: (2005)198CTR(Cal)634,[2005]279ITR11(Cal)
Aloke Chakrabarti, J. 1. This appeal was heard along with MAT No. 2847 of 2003, MAT No. 2848 of 2003 and MAT No. 2849 of 2003.2. The judgment impugned in the present appeal was passed in CR No. 2681 (W) of 1989, dt. 26th Aug., 2003. For the reasons given in the said judgment, the other three writ petitions being CR No. 2680 (W) of 1984, CR No. 2679 (W) of 1984 and CR No. 2682 (W) of 1984 were also decided. Being aggrieved, these four appeals were preferred by the assessee.3. The appellant as Karta of an HUF known as 'Sri Raghupati Singhania (HUF)' was a partner in the firm M/s Juggilal Kamlapat Banker as also of M/s Singhania and Sons (hereinafter referred to as the said firms). In respect of the net wealth of the said family, return was filed on 3rd Oct., 1977, in respect of asst. yr. 1977-78 under the WT Act, before WTO, Special Circle, 'C' Ward, Kanpur. In the said return, the family duly disclosed the value of the interest in the said partnership firms.By an order of assessment dt....
Mongal Chandra Dey and ors. Vs. the State of West Bengal
Court: Kolkata
Decided on: Feb-05-2004
Reported in: (2004)1CALLT485(HC),2004(2)CHN652
P.K. Biswas, J.1. This appeal under Section 374 of the Code of Criminal Procedure read with Section 9 of the Criminal Amendment Act 1952 is directed against the Judgment and order dated 5th January 1978 passed by Sri S.K. Mitra, learned Judge, 1st Special Court, Alipore in Special Case No. 17 of 1976 whereby the learned Judge was pleased to convict the accused appellants (Mongal Chandra Dey, Kashiswar Sarkar, Sudhlr Mlrdha alias Sushil Krishna Mirdha) under Section 120B of Indian Penal Code and sentencing each of them to undergo Rigorous Imprisonment for six months and to pay a fine of Rs. 200/- each in default to suffer Rigorous Imprison for one month each and further convicting accused appellant No. 1 under Section 409 of Indian Penal Code and sentencing him to suffer Rigorous Imprisonment for one year and also to pay a fine of Rs. 300/- in default to suffer Rigorous Imprisonment for two months and acquitting one of all the charges.2. The facts leading to the filing of this Criminal ...
Jatan Lal Parekh and ors. Vs. the State of West Bengal
Court: Kolkata
Decided on: Feb-05-2004
Reported in: (2004)1CALLT554(HC)
P.K. Biswas, J.1. This is to consider an application under Section 482 of the Code of Criminal Procedure filed at the instance of one Jatan Lal Parekh and two others as petitioners seeking for quashing of the proceeding being Golabari P.S. Case No. 10 dated 8,1.96 under Sections 427/395/397/448/34/120B of the Indian Penal Code (G.R. 97/96) pending before the learned Sub-Divisional Judicial Magistrate, Howrah Sadar and/or setting aside the order dated 09.06.2000 passed by the learned Sub-Divisional Judicial Magistrate, Howrah Sadar in the aforesaid case.2. The short facts leading to the filing of this application are as under:One complaint under Section 156(3) of the Code of Criminal Procedure was lodged by Gangadhar Sarkar as de facto complainant, before the learned Chief Judicial Magistrate, Howrah on 04.01.96 alleging, inter alia, that the complainant, namely Gangadhar Sarkar, is a monthly tenant in respect of the area of 300 sq. ft. in respect of the premises No. 35, Dr. Abani Dutta...
West Bengal State Electricity Board Vs. Dilip Kumar Roy and ors.
Court: Kolkata
Decided on: Feb-04-2004
Reported in: 2006(3)CHN309,(2004)IIILLJ654Cal
Ajoy Nath Ray, J.1. This is an appeal from a decree preferred by the only defendant against whom the decree was passed. The other defendants being its officers and newspapers were exonerated.2. The case raises an important, interesting and a fresh point of law. The point is this. If a disciplinary enquiry against an officer of the State or other authority is pursued and pressed, but ultimately results in a complete discharge of the employee chargesheeted, and further, the enquiry is shown to have been initiated and conducted without any just or reasonable cause, and it is even shown to be an abuse of power, can the employee, after the conclusion of the departmental proceedings in his favour, file a civil suit for recovery of damages ?3. The facts in this case, as are material for the determination of the above legal points are short and simple. The respondent/plaintiff had an unblemished service career in the West Bengal State Electricity Board until 1985. He had about four years then ...
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