Kolkata Court September 2004 Judgments
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Shyam Bahadur Lama Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Sep-16-2004
Reported in: 2005(1)ESC769
Arun Kumar Mitra, J.1. The petitioner herein is a Constable of Railway Protection Force and is posted in the workshop under South Eastern Railway at Kharagpur. Departmental proceedings was initiated against the petitioner. He was suspended w.e.f. 24.1.1994. Subsequently the order of suspension was revoked. He was served with a charge-sheet dated 18.5.1994 which has been made Annexure-A to the writ petition. The allegation against the petitioner was that there was wilful omission of duty on the part of the petitioner for prevention and detection of offence. It was also alleged that he remained absent from duty without reporting his whereabouts under a false coverage of a Medical Certificate dated 6.2.1994 issued from Midnapore.2. According to the petitioner he was denied reasonable opportunity of hearing since he was not supplied with copies of relevant records and documents. The petitioner alleged that he sent representation dated 10.5.1994, 10.6.1994 and 16.6.1994 which were made Anne...
islampur Municipality and anr. Vs. Chaudhuri M. Manjar Afaque and ors.
Court: Kolkata
Decided on: Sep-15-2004
Reported in: (2005)1CALLT285(HC),2005(1)CHN1
D.K. Seth, J.1. The petitioner had applied for licence for holding haat (market) in Plot No. 676 which he claims to belong to him by reason of the proceedings under Section 6(1) of the West Bengal Estates Acquisition Act (W. B. E. A. Act) in which he was allowed to retain the said land.2. Elaborate argument has been made by Mr. Panda and Mr. Anupam Chatterjee referring to the Bihar Land Reforms Act, Bihar & Bengal Transfer of Territories Act, 1956, West Bengal Estates Acquisition Act, West Bengal Agricultural Produce Marketing (Regulation) Act in order to drive home the point that there is no dispute with regard to the ownership of the land so far as the petitioner is concerned. He has also referred to various orders, proceedings and the record-of-rights in order to establish that he is in possession and that this land was never vested either under Section 6(a) of the Bihar Land Reforms Act or West Bengal Estates Acquisition Act after it was made applicable in the year 1964 since trans...
Aparna Ghosh and anr. Vs. Sarupchand Roychowdhary and ors.
Court: Kolkata
Decided on: Sep-15-2004
Reported in: (2005)1CALLT112(HC),2005(1)CHN140
Bhaskar Bhattachaiya, J.1. This revisonal application under Article 227 of the Constitution of India is at the instance of a pre-emptee in proceedings under Section 8 of the West Bengal Land Reforms Act (hereinafter referred to as the Act) and is directed against Order No. 146 dated 10th February, 2003 passed by the learned Civil Judge, Junior Division, 2nd Court, Katwa in Misc. Case No. 39 of 1993 thereby allowing an application for amendment of the application for pre-emption.2. The opposite party No. l filed the aforesaid application under Section 8 of the Act for pre-emption on the ground of adjoining ownership. Subsequently, the pre-emptor filed an application for amendment of the original application for pre-emption for incorporating the ground of co-sharership of the holding in accordance with the then law but on objection raised by the present petitioner, the learned Trial Judge rejected such application for amendment. It appears from the record that the pre-emptor did not chal...
Mitra S.K. Private Ltd. and anr. Vs. the Regional Provident Fund Commi ...
Court: Kolkata
Decided on: Sep-15-2004
Reported in: (2005)1CALLT433(HC),[2005(105)FLR529],(2005)IILLJ810Cal
Amitava Lala, J.1. On 21st April, 1993 the Regional Provident Fund Commissioner (1) in exercise of the power conferred under Section 79 of the Employees' Provident Fund Scheme relaxed the applicability with effect from 1st May, 1993 subject to the conditions as contended in the enclosure therein which will also be treated to be the condition/directions during the period of relaxation. One of such conditions is that the Annul Return in Appendix-'BB (specimen copy enclosed) shall be submitted each year within six months after closing of the financial year. On 18th October, 2002, the concerned Asstt. Provident Fund Commissioner (RX) W.B. issued a show cause notice taking a view that the petitioners have failed to submit the Audited Balance-sheet of the Provident Fund Trust and Appendix - 'B' for the years 1999-2000 and 2000-2001 within the stipulated time in contravention of the conditions governing such relaxation. The petitioners' company by its letter dated 6th November, 2002 replied t...
Karuna Bala Bera Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-15-2004
Reported in: 2005(2)CHN383
Amitava Lala, J. 1. Petitioner's husband joined in the service on 21st March, 1960. He passed away on 2nd February, 1986 while he was in service. On 3rd May, 1986 the petitioner received a gratuity and provident fund amount from the Manager of the company. On 7th December, 1988 the petitioner received deposit linked insurance amount from the Employees' Provident Fund Commissioner. On 1st April, 1994 the petitioner filed form No. 20 and 10A (F.P.F.) under the respective scheme before the respondents for getting family pension. The petitioner made several representations in between 2000 to 2002 and lastly in 2004 and finding no other alternative invoked the writ jurisdiction of this Court on 7th May, 2004.2. Therefore, the obvious question arises before this Court that when the petitioner received both his gratuity and provident fund amount from his employer and also received deposited amount under insurance from the Regional Provident Fund Authority, in the year 1986, the year when the ...
Amiya Sales and Industries and anr. Vs. Assistant Commissioner of Inco ...
Court: Kolkata
Decided on: Sep-14-2004
Reported in: (2005)195CTR(Cal)598,[2005]274ITR25(Cal)
Soumitra Pal, J.1. In the instant writ petition, the petitioners have challenged the notices dated December 31, 1998, issued by respondent No. 2, seeking to reopen the assessments for the assessment years 1992-93 and 1993-94 under Section 148 of the Income-tax Act, 1961 (for short 'the Act'). It is appropriate to set out paragraph 2 of the recorded reasons for such reopening, which is as under :'As requested for I am intimating the recorded reasons for reopening of the assessments for the assessment years mentioned above which is as under :Because of incorrect interpretation of accounts by the Assessing Officer the assessee got the benefit of loss of Rs. 34,40,715 for the assessment year 1992-93 which was carried forward to subsequent years and adjusted as below : Rs.Loss for the assessment year 1992-93 34,40,715Less : Taxable income for the assessment year 1993-94 adjusted 4,39,719___________30,00,996Less : Taxable income for the assessment year 1994-95 adjusted 1,17,295___________28,...
Mayapur Sri Chaitanya Math and anr. Vs. Bhakti Bikash Sajjan Maharaj a ...
Court: Kolkata
Decided on: Sep-14-2004
Reported in: (2005)2CALLT375(HC),2005(3)CHN25
Dilip Kumar Seth, J.1. Pursuant to our order dated 5th August, 2004, since the Court did not sit on 2nd September, 2004 at 2 p.m., the alleged contemner No. 1 had reported his appearance before the Registrar, Original Side which is noted by us.2. In this contempt petition, contempt is alleged to the order dated 9th September, 1998 passed by the Division Bench in APO No. 66 of 1997 arising out of Suit No. 939 of 1978. The suit arose out of execution of the two deeds of lease, which are at page 92 of the contempt application on June 4, 1999 by the alleged contemner Bhakti Bikash Sajjan Maharaj as Secretary of the governing body of Sri Chaitanya Math Mayapur, Nadia in respect of its property of Purushottam Goudia Math branch at Puri in favour of Sri Joy Krishna Mahapatra and others. These leases were executed by the said Sajjan Maharaj on the authority of his being the Secretary of the governing body of Sri Chaitanya Math, Mayapur, Nadia claiming to be in possession. The Appellate Court w...
Sampa Saha (Nee Sarkar) Vs. Amaresh Saha
Court: Kolkata
Decided on: Sep-14-2004
Reported in: 2005(3)CHN187,I(2006)DMC465
Debi Prasad Sengupta, J.1. In spite of notice, nobody appears on behalf of the opposite party/husband.2. In the present application, the petitioner has challenged the order dated 26.4.2004 passed by the learned Judicial Magistrate, 1st Court, Siliguri in M.R. Case No. 28 of 2004 thereby rejecting the prayer for ad interim maintenance filed by the petitioner in a proceeding under Section 125, Cr. PC.3. It appears that the petitioner filed an application under Section 125, Cr. PC before the learned Magistrate and in connection with the said proceeding under Section 125, Cr. PC an application was also filed praying for interim maintenance for herself. From the impugned order, it appears that the learned Magistrate rejected such prayer for interim maintenance without assigning any reason and without recording any satisfaction as to why such interim maintenance should be refused.4. In my considered view, the said order suffers from serious illegality and the same should be set aside. Accord...
Marcandy Prasad Radha Krishna Prasad Private Ltd. and anr. Vs. Rani Sa ...
Court: Kolkata
Decided on: Sep-13-2004
Reported in: 2005(1)CHN122
Altamas Kabir, J.1. The short point involved in this appeal is whether the learned Single Judge had jurisdiction to issue an interim order in terms of prayers g (i) and (ii) of the writ petition by his order dated 21st June, 2004, in the writ application filed by the respondent No. 1 herein. In order to appreciate the stand taken on behalf of the appellants, prayers g (i) and (ii) are reproduced hereinbelow :-'(g) Appropriate direction be given directing the respondent Nos. 1 to 6 and each of them:(i) to post a police picket comprising of at least 15 armed police personnel including two Armed Officers, at the entrance of the factory of your petitioners situated at No. 46, Dasarath Ghosh Lane, P.S. Bantra, Dist. Howrah in compliance with Section 13 of the Indian Police Act, 1861 read with paragraph 25, Chapter VII of the Police Regulations, at the cost of the petitioners.(ii) to ensure free ingress and egress of the petitioners' officers, employees and callers to the said factory of the...
Shalimar Paints Ltd. and ors. Vs. Andrew Francis and ors.
Court: Kolkata
Decided on: Sep-13-2004
Reported in: 2005(1)CHN129,(2005)ILLJ85Cal
D.K. Seth, J.1. In re: A.S.T. 1321 of 2004.In this application, four points have since been raised in connection with the appeal arising out of the order dated July 21, 2004 passed by the learned single Judge in C.A.N. 4700 of 2003 arising out of a writ petition being W.P. No. 7823 (W) of 2003 granting relief under Section 17-B of the Industrial Disputes Act, 1947. However, we are dealing with two points as hereafter. So far as other two points that have been raised by Mr. Banerjee, are kept open to be agitated in the writ petition itself. In our view, if we decide those two points, in that event, we will be deciding the issues involved in the writ petition. Therefore, we refrain from making any observation on those two points.2. The first point that has been raised by, Mr. Banerjee is that since his client had offered re-employment to the alleged workmen (though according to him the respondent No. 1 is not a workman but a managerial staff) and the respondent had refused the reinstatem...
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