Kolkata Court September 2004 Judgments
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The Chairman, Sagar GramIn Bank and ors. Vs. Manicklal Bhowmick and or ...
Court: Kolkata
Decided on: Sep-21-2004
Reported in: (2005)1CALLT189(HC),2005(3)CHN238,[2005(105)FLR179]
Asok Kumar Ganguly, J.1. This appeal, at the instance of Sagar Gramin Bank (hereinafter called the 'Bank') has been filed against the judgment and order dated 18th May, 1995 passed by a learned Judge of the Writ Court. In the said judgment, the learned Judge was, inter alia, pleased to hold that the denial of promotion to the petitioner and the co-petitioners on the basis of the criteria and the marks given to them in the interview and performance was in contravention of the principles laid down in the Seniority Rules and the relevant circular and as such is illegal. The learned Judge was further pleased to hold that the principles of Seniority -cum-Merit indicate that seniority will get preference. The learned Judge ultimately directed that the Bank should promote the writ petitioner and the co-petitioners to the post of Area Manager/Senior Manager with effect from the date the persons junior to them have been promoted. Against the said judgment the Bank filed its appeal and also a st...
Subhash Saha Roy Vs. Sri Sitapati Dutta
Court: Kolkata
Decided on: Sep-20-2004
Reported in: (2005)1CALLT21(HC),2005(4)CHN178
Arun Kumar Mitra, J.1. Appellant/defendant Subhas Saha Roy has challenged the judgment and decree passed by the learned Civil Judge (Senior Division), Sealdah dated July 19, 1997 in Title Appeal No. 37 of 1996, affirming the judgment and decree passed by the learned Munsif, 1st Court, Sealdah in Title Suit No. 166 of 1982. The case as has been made out by the plaintiff in the plaint is inter alia as follows:2. The plaintiffs father was the owner of the suit property and on 03.12.1981 the father of the plaintiff, Gobinda Lal Dutta executed one deed of gift in respect of this suit property in favour of the plaintiff and the plaintiff after accepting the deed of gift became the owner of the suit premises and the defendant was a monthly tenant at a rental of Rs. 175/- as per English Calendar month under the plaintiffs father. The defendant is a habitual defaulter and has defaulted in payment of rent from the Month of December 1980. Previously the defendant defaulted in payment of rent and ...
Amit Das Vs. the Chinsurah Balika Siksha Mandir and anr.
Court: Kolkata
Decided on: Sep-20-2004
Reported in: (2005)1CALLT619(HC)
Pratap Kumar Ray, J.1. Both the writ applications are taken up for judgment.2. In both the two writ applications the petitioners are the guardian members and they have locus standi to say about the reconstruction of the Managing Committee of the school. The election for reconstitution of the Managing Committee of the school as held on 18.1.2004 and 16.11.2003 is the subject matter of the challenge in these writ applications on the ground that the Managing Committee, who completed the election process has no jurisdiction to complete such, for the sole reason that the life of such Managing Committee expired on 8.7.2003, but on the strength of the general Order issued by the West Bengal Board of Secondary Education extending life of Managing Committee, the committee exercised purportedly their power to function and accordingly completed the election process. Hence, the moot question for adjudication of the writ application is as to whether the West Bengal Board of Secondary Education can ...
Howrah Auto-rickshaw Association and ors. Vs. State of West Bengal and ...
Court: Kolkata
Decided on: Sep-20-2004
Reported in: 2005(3)CHN465
D.K. Seth, J.In re : CAN 6627 of 2004.1. The Notification No. 988-WT/3M-90/2003 dated 5th March, 2004 was the subject-matter of challenge in the writ petition. The learned Single Judge had held that the said notification was well within the jurisdiction of the authority issuing the same in exercise of power under Section 74(3)(a) of the Motor Vehicles Act, 1988 and dismissed the writ petition. The present appeal has since been filed against the said order dated 7th July, 2004 in W.P. No. 10955 (W) of 2004.2. Mr. Giri, learned Counsel for the appellant, while submitting in support of the application for interim order had addressed the Court on the merits of the appeal; similarly the learned Counsel for the State Transport Authority Mr. Dey had addressed the Court on the merits of the appeal. Therefore, along with the application, we also treat the appeal by consent of parties as on day's list for hearing and dispose of the same in the following manner.3. Mr. Giri had contended that the ...
Atmaram Kanoria and anr. Vs. Regional Provident Fund Commissioner and ...
Court: Kolkata
Decided on: Sep-20-2004
Reported in: 2005(3)CHN32,[2005(107)FLR803],(2005)IIILLJ411Cal
Amitava Lala, J.1. It appears to this Court that some criminal cases being Nos. C-193/92, C-194/92, C-195/92, C-196/92, C-197/92, C-198/92, C-199/92, C-200/92, C-201/92, C-202/92, C-203/92 and C-204/92 are pending before the appropriate Criminal Court for non-payment of Provident Fund dues. According to the petitioners, the dues are Rs. 8019/- which has been already paid. According to them, as in view of the recent judgment of the Court, a criminal proceeding ought not to be proceeded when the payment has not been made. Thus, this writ petition has been made. The petitioners relied upon a decision of the Supreme Court reported in 1995 Supp(4) SCC 580 (Adoni Cotton Mills Ltd. and Ors. v. Regional Provident Fund Commissioner and Ors.) wherein the Supreme Court has taken a view that the proceeding by way of prosecution need not be pursued provided the amounts deposited in Court and secured by the Bank guarantee are paid over to the Regional Provident Fund Commissioner for credit to the ap...
C.E.S.C. Ltd. Vs. Manoj Dhupelia
Court: Kolkata
Decided on: Sep-20-2004
Reported in: [2005]128CompCas596(Cal)
Ashim Kumar Banerjee, J.1. This winding up petition relates to a claim for money lent and advanced for a sum of Rs. 1 crore paid to the company by the petitioner.2. The money was paid through a forwarding letter dated May 3, 2001, being annexure A to the petition which says that the money was paid on account of 'short term deposit'. The receipt of money, by the company, is not disputed.3. The company by a letter dated July 12, 2002, addressed to M/s. Manoj Dhupelia Stock Broking Services Pvt. Ltd. with a copy endorsed to the petitioning creditor asked for adjustment of the amount being the subject-matter of the present petition as against their claim against the said Manoj Dhupelia Stock Broking Services Pvt. Ltd. (hereinafter referred to as the stock broking company).4. The said letter was replied to by the stock broking company on September 2, 2002, by saying that the enclosures in the said letter did not disclose sufficient details and, as such, they asked for reconciliation stateme...
Commissioner of Income-tax Vs. Ruby Traders and Exporters Ltd.
Court: Kolkata
Decided on: Sep-17-2004
Reported in: (2004)192CTR(Cal)618,[2004]270ITR526(Cal)
D.K. Seth, J.1. Applicant's submission :This application is for review of the ex parte judgment and order dated March 12, 2003, passed by this court in Income-tax Reference No. 78 of 1995 (see : [2003]263ITR300(Cal) ). Mr. Pratik Prakash Banerjee appearing for the applicant has urged that his client was unable to produce the documents which are annexures E and E-l to this review application, which are new and important matter of evidence on record not within the knowledge of the asses-see/applicant and could not be produced by it at the time of judgment despite exercise of due diligence. He pointed out that the subscription being less than Rs. 20,000, it was not compulsory for the subscribers to furnish their PAN numbers and, therefore, it was just not possible for the assessee to furnish PAN numbers of the subscribers. He had also pointed out that the letters and circulars issued by the Union of India being annexures E and E-l, which are binding on the Department were suppressed by th...
Hindustan Motors Limited Vs. State of West Bengal
Court: Kolkata
Decided on: Sep-17-2004
Reported in: 2005(1)CHN41
Altamas Kabir, J.1. These three appeals arising out of Matter No. 330 of 1981, have been taken up for hearing and disposal together, inasmuch as, the facts involved in these appeals are common.2. The appellant in A. P. O. No. 607 of 1991 has been carrying on business of manufacture and sale of automobiles, earth moving equipment, dumper and other items. In the process, the appellant had established a colony known as the Hind Motor Colony which comprised, inter alia, its factory workshop, residential quarters for staff, hospital, school, overhead tank for the supply of water, underground water pipes and sewerage system and electric lines.3. On 8th August, 1966, the question of including the local area comprising the Hind Motor Colony within the Uttarpara-Kotrung Municipality came up for consideration before the then Sub-Divisional Officer, Serampore. Although, the said proposal was strongly opposed, by Notification No. 4360/MIM-45/65 issued in exercise of the powers conferred by clause ...
Mahua Nag Vs. Vice-chancellor of Calcutta University and ors.
Court: Kolkata
Decided on: Sep-17-2004
Reported in: 2005(3)CHN513
Jyotirmoy Bhattacharya, J.1. An unsuccessful student, who appeared in the Final year LL.B. Examination, 1996 held in May 1997, has filed this writ petition by raising a dispute with regard to her result of the said Examination.2. The petitioner appeared in LL.B. Part-I Examination (5-Year Course) in the year 1992 but became unsuccessful. The petitioner again appeared in the LL.B. Part-I Examination in 1993 as a supplementary candidate along with LL.B. Part-II Examination. The petitioner again became unsuccessful in both Part-I Supplementary Examination as well as in Part-II Examination. Subsequently, the petitioner again appeared in LL.B. Part-I Examination in the year 1994. This time, however, the petitioner became successful. Thereafter, the petitioner appeared in LL.B. Part-III Examination along with the LL.B. Part-II Supplementary Examination in 1995. However, the publication of the result of the petitioner of Part-II and Part-III LL.B. Examination was kept withheld by the Universi...
Anita Pattanayak and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-16-2004
Reported in: 2005(1)CHN574
Arun Kumar Mitra, J.1. This writ petition has been moved with the following prayers:a) (i) To issue a writ and/or order in the nature of mandamus commanding the respondents to forbear from giving any further effect to Memo No. 2063 dated 30th December, 1993 (Annexure 'P-1') and/or allow the corresponding scale as revisied from time to time and to direct the respondents to refix the scales admissible to the respondent Nos. 9 and 10 as Assistant Teacher as admissible to trained graduates for having higher qualification in non-relevant subjects on and from 1st May, 1992 till date and to further direct the respondents to realise the excess amounts paid to the respondent Nos. 9 and 10.(ii) To command the respondent Nos. 5 to cause any independent enquiry to the allegation made in Annexure 'P-7' dated 14th May, 2002.(b) To issue a writ of certiorari calling upon the respondents as specially the respondent No. 4 to produce and/or to cause production of the records relating to the fixation of ...
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