Kolkata Court June 2004 Judgments
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Biswanath Seth Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-29-2004
Reported in: (2005)1CALLT541(HC),2005(3)ESC1785
Soumitra Pal, J.1. The petitioner was a Headmaster of a school. Charges of financial irregularities were levelled against him. Complaint was made to the authorities. The petitioner made an application for bail. Bail was not granted on 1.2.2001. The Secretary of the Managing Committee (for short 'the Secretary of the school') by a Memo dated 8.2.2001 placed the petitioner under suspension with effect from 1.2.2001 until further orders. The Secretary of the school by letter dated 26.4.2001 intimated the petitioner that as per the resolution of the Managing Committee dated 19.4.2001, he was found prima facie liable to the charges and the petitioner was requested to give the reply to the charge within a period of 15 days from the date of receipt of the Article of Charges. The copy of the article of charges with all documents and the resolution passed by the Managing Committee was enclosed along with the letter dated 26.4.2001. The petitioner replied to the said charges denying each and eve...
N.P. Dutt and Sons Vs. Learned Fourth Industrial Tribunal and ors.
Court: Kolkata
Decided on: Jun-29-2004
Reported in: (2005)IILLJ894Cal
ORDERAmitava Lala, J.1. In this writ petition an award passed by the learned Fourth Industrial Tribunal, Kolkata is under challenge. The issues before the Tribunal were as follows:1) Revision of Grades and Scales of Pay.2) Revision of attendance-cum-tiffin allowance.3) Revision of travelling allowance.4) Introduction of variable dearness allowance.2. Therefore, the Tribunal had no other alternative to come to a definite conclusion in respect of such issues but, according to me, the Tribunal had proceeded on a wrong track. The Tribunal held that a Memorandum of Settlement which is charter of demand vide Exhibit G was made by the Company under reference in collusion with the new executive committee which came out from the parent union under reference and the same has violated the principles of natural justice and the same is not binding upon the union under reference at whose instance reference was made. Further in the concluded portion a militating effect is apparent which is as follows...
Sahjahan Khatoon and ors. Vs. National Insurance Co. Ltd. and anr.
Court: Kolkata
Decided on: Jun-29-2004
Reported in: 2006ACJ2015
P.K. Samanta and Maharaj Sinha, JJ.1. The claimants are the appellants herein in this appeal which arises out of the judgment and award dated 20.2.2003 passed in M.A.C. Case No. 141 of 2001 by the Motor Accidents Claims Tribunal, First Court, Asansol.2. In this appeal, the only question that has been raised on behalf of the claimants- appellants is in relation to the computation of compensation. In particular, it was con- tended on behalf of claimants-appellants that the Tribunal has committed wrong by computing such compensation by taking into account the net income of the victim.3. It appears from Exh. 5 that at relevant point of time the victim used to draw a gross salary of Rs. 10,464.94 per month, Claims Tribunal has taken into account the net monthly salary of Rs. 7,490 of the victim for the purpose of such computation. Furthermore, Claims Tribunal has made a further deduction of Rs. 1,490 from the said net monthly salary and has, therefore, determined the amount of compensation,...
Oriental Bank of Commerce Vs. Gallop Granites Ltd. and ors.
Court: DRAT Kolkata
Decided on: Jun-28-2004
Reported in: I(2005)BC86
1. The Bank has preferred the above appeal on June 11, 2004 against an order dated March 19, 2004 made by the learned Presiding Officer Debts Recovery Tribunal-1, Kolkata hereinafter referred to as "the DRT". On March 27, 2004 the Bank duly submitted the necessary requisition to obtain the certified copy of the impugned order, and received it on June 4, 2004. The facts of the case in short were, that in spite of closing of evidence and hearing, in the Bank's claim petition, and the matter being adjourned for delivery of judgment, the DRT had entertained an application which was moved by the respondents on the date fixed for the delivery of judgment and allowed the respondents to furnish further documents and additional evidence on affidavit.2. It was argued by Advocate for the Bank, that the impugned order was contrary to and in violation of the provisions of Rule 28 of the Debts Recovery Tribunal Regulations of Practice 1997 (DRT Regulations of Practice) read with Section 22(2)(b) of...
Lipika Bose Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-28-2004
Reported in: (2004)2CALLT506(HC)
1. As this matter was heard for a couple of days, by consent of parties, the appeal is treated as on day's list and both the appeal and application are disposed of by this judgment.2. This is an appeal against the order dated 19.4.04 by which a learned Judge of Writ Court has been pleased to dispose of the writ petition and confirm the interim order granted by His Lordship. While disposing of the writ petition learned Judge was pleased to direct the police to see that the respondent No. 6 in the writ petition (the appellant before us) does not step into the matrimonial home of the writ petitioner at CL-173, Second Floor, Sector-II, Salt Lake City, Kolkata-700 091 (the said premises). The respondent No. 6 the appellant before us, who was staying previously at the said premises was thus restrained from staying in the same and was virtually evicted therefrom.3. The facts of the case which have been recorded in the order of the learned Judge and also in the writ petition are as follows:4. ...
Pradip Kr. Adak and anr. Vs. State of West Bengal
Court: Kolkata
Decided on: Jun-28-2004
Reported in: 2004(3)CHN656
G.C. De, J.1. This appeal by the convict Pradip Kumar Adak and Jaydeb Adak is directed against the judgment and order of conviction dated 31.3.98 and sentence imposed on 1.4.98 by the learned Additional Sessions Judge, Hooghly in Sessions Trial No. 191 of 1995 arising out of G. R. Case No. 643 of 1993 (T. R. 117A/95) in connection with Chanditala P.S. Case No. 71/93 dated 23.7.93. By the said judgment the learned Additional Sessions Judge found both the convicts guilty under Sections 498A/34 and 304B/34 of IPC, convicted them thereunder and sentenced each of them to R.I. for ten years under Section 304B read with Section 34 IPC and to pay a fine of Rs. 10,000/- i.d. to further R.I. for six months. However, no separate sentence was imposed under Section 498A/34 IPC.2. The prosecution case in brief is that one Raj Kumar Das filed a written complaint before the Officer-in-Charge of Chanditala P.S. alleging that his daughter Bandana aged about 17 years had fallen in love with the appellant...
U.B. Distilleries Ltd. Vs. Commissioner of Income-tax
Court: Kolkata
Decided on: Jun-28-2004
Reported in: [2004]269ITR558(Cal)
Kalyan Jyoti Sengupta, J.1. Mr. Dutt, on the other day, concluded his arguments hoping that the counter argument would be advanced today and to facilitate them this matter was adjourned. This matter was called on today twice and on the second call matter was taken up for hearing when none appears to advance arguments.2. This application is directed against an order passed by the Commissioner of Income-tax, West Bengal-IV, Calcutta (hereinafter referred to as 'the said Commissioner'), whereby and where under the application under Section 264 of the Income-tax Act, 1961 (hereinafter referred to as 'the said Act'), has been dismissed on the ground of delay. The learned Commissioner found, while exercising his revisional jurisdiction under the aforesaid section that no sufficient cause having been made out. From the impugned order I find that he was prepared to condone delay for about 15 days only. However, the rest of the time was not excused by him.3. Mr. Dutt, appearing for the petition...
Pradip Kumar Dasgupta Vs. Official Liquidator, High Court and ors.
Court: Kolkata
Decided on: Jun-28-2004
Reported in: 2004(4)CHN185,[2005]124CompCas168(Cal),[2005]58SCL194(Cal)
Ashim Kumar Banerjee, J.1. Since all the applications involve identical questions of fact and law those are disposed of by this common judgment.2. The Golden Biscuit Company Pvt. Ltd. in liquidation (hereinafter referred to as the 'said company') was wound up by this Court by an order dated March 10, 1999. The Official Liquidator was directed to take possession of the assets of the company forthwith.3. During the pendency of the winding up proceeding the West Bengal Financial Corporation (hereinafter referred to as 'WBFC') took notional possession of the plant and machinery of the company in liquidation on October 16,1998. The formal possession was taken on December 8,1998.4. WBFC made an application inter alia asking for leave to sale the assets of the company in liquidation as well as restraining official liquidator from taking possession of the assets of the company in liquidation.5. By an order dated October 4, 1999 Mr. Ronojit Kumar Mitra, J. (as His Lordship then was) granted lib...
Budhrai Murmu and anr. Vs. State of West Bengal
Court: Kolkata
Decided on: Jun-28-2004
Reported in: 2004(4)CHN538
Gorachand De, J.1. This appeal by the convicts Budhrai Murmu and GaneshMurmu is directed against the order of conviction dated 23.2.93 and sentence imposed on 26.2.93 in Sessions Trial No. 260/92 (Sessions Case No. 6/92) arising out of Habibpur P. S. Case No. 57 of 1989 dated 22.9.89 (G. R. No. 1120/89). By the said judgement, the learned Sessions Judge, Malda, found both the appellants guilty under Section 302/34 of the IPC and under Section 201 of the IPC and convicted them thereunder and sentenced each of them to suffer R.I. for life for the offence under Section 302 of the IPC and to pay a fine of Rs. 2000/-, in default, to suffer imprisonment for one year and for the offence under Section 201 of the IPC to suffer R.I. for two years and to pay a fine of Rs. 1000/-, in default, to suffer imprisonment for six months more, with direction that both the sentences were to run concurrently.2. By the said judgement, the learned Sessions Judge found the other two accused persons i.e. Hopna ...
Saraswat Trading Agency Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Jun-28-2004
Reported in: (2004)3CALLT637(HC)
Ajoy Nath Ray, A.C.J.1. This is an appeal from an order dated 4th of March 2004 passed in execution proceedings whereby the decree holder appellant, who is also the award holder has his execution application dismissed.2. Although numerous authorities have been cited before us, in our opinion, if a grip over the simple and basic facts of this case is taken, the matter resolves itself very easily without any intricacies of the law at all. In a Railway arbitration, an award was passed on the 25th of August, 1993 by the sole arbitrator, one H.K. Pudhee. On the 4th of February, 2000, the application for setting aside of the award succeeded; on the 4th of September, 2001, however, the appeal from that order succeeded and the Railways application for setting aside of the award was thus dismissed in appeal. Consequently, the award came to be upheld.3. Thereafter, the judgment upon award being the decree was put into execution. On the 21st of August 2003, an execution order was actually passed ...
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