Kolkata Court July 2005 Judgments
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Employees' State Insurance Corporation and Ors. Vs. Hotel Airport Asho ...
Court: Kolkata
Decided on: Jul-22-2005
Reported in: 2005(4)CHN256,(2006)ILLJ785Cal
Narayan Chandra Sil, J.1. This revisional application under Article 227 of the Constitution of India is directed against Order No. 5 dated 16th December, 2003 passed by Shri M.P. Srivastava, the learned Judge, Employees' Insurance Court, Calcutta, West Bengal in Tender Case No. 102 of 2003.2. It appears from the order impugned that a petition under Section 75(2B) of the ESI Act along with a petition for temporary injunction were taken up for consideration. The petitioner in that case prayed for exemption from depositing 50% of the demanded sum of Rs. 27,98,718/-. The applicant there filed a case under Section 75(1)(g) of the ESI Act (hereinafter referred to as an 'Act' only). It is observed by the learned Judge that depositing of 50% demanded sum is a condition precedent for filing a case under Section 75(1)(g) of the Act. The learned Judge appears to have dealt with the proviso to Section 75(2B). It is clearly observed by the learned Judge, 'The points raised in the main application a...
Smt. Chunibala Barui and ors. Vs. Lakshmimani Adhikary and ors.
Court: Kolkata
Decided on: Jul-22-2005
Reported in: AIR2005Cal343
Bhaskar Bhattacharya, J. 1. This first appeal is at the instance of a respondent in the proceedings for revocation of grant of Letters of Administration and is directed against order dated 12th April, 1979 passed by the learned District Judge, Hooghly in Revocation Case No. 91 of 1977 thereby allowing the said application and revoking the Letters of Administration earlier granted by the said Court to the present appellant by order dated 21st July, 1977 in Act 39, Case No. 145 of 1975.The following facts are not in dispute :2. One Sitaram Das Bairagya, the testator, died on 15th February, 1965 leaving his widow Subhasini who died one month and three days after the death of her husband. The present appellant on 18th January, 1973 started the proceedings for grant of the Letters of Administration being Act 39 Case No. 90 of 1973 in the Court of the District Delegate for the purpose of obtaining the Letters of Administration of the estate of Sitaram Bairagya. His case was that Sitaram and ...
Baburam Mahali Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-22-2005
Reported in: (2005)3CALLT331(HC),2006(3)CHN614
Arun Kumar Bhattacharya, J. 1. The present appeal is directed against the Judgment and order of conviction and sentence passed by the learned Additional Sessions Judge. Jalpaiguri in Sessions Case No. 26 of 1996 on 02.06.97.2. A thumbnail sketch of the Prosecution case is that on 13.06.93 at about 11.00 a.m. when the defacto complainant's wife Kaushila Mahali (P.W.7) with her minor daughter Sakita, aged about two years, on back was returning from river Leesh, accused Baburam Mahali suddenly started assaulting the said child with a lathi, for which his wife fell down and then the accused assaulted the child with a stone resulting in her death on the spot and injury of his wife. The people nearby rushed to the P.O., caught the accused. The injured wife was removed to Garden Hospital where she was admitted. Hence, the accused was charged under sections 325/302 IPC.3. The defence case, as suggested to P.W.s and as contended by the accused during his examination under Section 313 Cr PC, is ...
A and J MaIn and Co. Engineers Pvt. Ltd. Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-22-2005
Reported in: 2006(4)CHN178
Bhaskar Bhattacharya, J.1. The appellant in an appeal against award passed by the Land Acquisition Judge has prayed for leave to proceed with execution during the pendency of this appeal.2. Being dissatisfied with the amount of compensation awarded by the Land Acquisition Court, the appellant has preferred the present appeal. The State-respondent has neither preferred any appeal against such award nor has it filed any cross-objection.3. At this stage, the appellant has come up with this application thereby praying for leave to proceed with execution of the award impugned subject to his right in this appeal.4. This application is opposed by Mr. Biswas, the learned Advocate appearing on behalf of the State-respondent. Mr Biswas contends that as the appellant is dissatisfied with the award and has preferred this appeal, in the same breath, it cannot pray for execution of the self-same award. According to Mr. Biswas, if a decree-holder is partly dissatisfied with the decree and prefers an ...
Peerless General Finance and Vs. Asstt. Cit
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Jul-21-2005
Reported in: (2006)5SOT17(Kol.)
The assessee is in appeal against the order passed under section 263 by the CIT, Kolkata, for the assessment year 2000-01.The CIT held that the order passed by the assessing officer in the assessee's case for the assessment year 2000-01 under section 143(3) of the Act, dated 31-3-2003 was erroneous and prejudicial to the interest of the revenue insofar as the assessing officer has not conducted the necessary inquiry during the course of the assessment proceedings which culminated in passing of the said order under section 143(3) of the Act with reference to two sums, namely, Rs. 657 crores and Rs. 584 crores and, thereafter the CIT proceeded to set aside the said order passed by the assessing officer under section 143(3) of the Act with the directions to the assessing officer to conduct full verification and examination of the said sums after giving opportunity of hearing to the assessee."l. That, on the facts and in the circumstances of the case, the learned CIT, Kol-I, erred in assu...
Peerless General Finance and Vs. Assistant Commissioner of Income
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Jul-21-2005
Reported in: (2005)96TTJ(Kol.)834
1. The assessee is in appeal against the order passed under Section 263 by the CIT, Kolkata, for the asst. yr. 2000-01.2. The CIT held that the order passed by the AO in the assessee's case for the asst. yr. 2000-01 under Section 143(3) of the Act, dt. 31st March, 2003 was erroneous and prejudicial to the interest of the Revenue insofar as the AO has not conducted the necessary inquiry during the course of the assessment proceedings which culminated in passing of the said order under Section 143(3) of the Act with reference to two sums, namely, Rs. 657 crores and Rs. 584 crores and, thereafter the CIT proceeded to set aside the said order passed by the AO under Section 143(3) of the Act with the directions to the AO to conduct full verification and examination of the said sums after giving opportunity of hearing to the assessee. "1. That, on the facts and in the circumstances of the case, the learned CIT, Kol-I, erred in assuming jurisdiction and passing an order under Section 263 of ...
Ayan Chatterjee and Etc. Vs. Future Technology Foundation Inc. and ors ...
Court: Kolkata
Decided on: Jul-21-2005
Reported in: AIR2005Cal295,2005(4)CHN99
Bhaskar Bhattacharya, J.1. All these three first miscellaneous appeals were taken up together as these are preferred against the self-same order being order dated 6th April, 2005 passed by the learned Civil Judge, Senior Division, 9th Court, Alipore in Title Suit No. 3 of 2005 thereby disposing of an application under Order 39, Rules 1 and 3 of the Code of Civil Procedure filed by the plaintiff by directing the parties to maintain status quo over the suit property with a finding that the plaintiff is in possession of the same and that the defendant No. 2 failed to prove that he was in possession of the property in his personal capacity.2. F. M. A. T. No. 1335 of 2005 has been filed by defendant No. 2, F. M. A. T. No. 1345 of 2005 has been preferred by defendant No. 1 and the plaintiff has come up with a separate appeal being F. M. A. T. No. 1335 of 2005 against the said order.3. The plaintiff filed a suit in the 9th Court of Civil Judge, Senior Division, Alipore being Title Suit No.3 o...
Upasana Finance Limited Vs. S.N. Bagla and Company and ors.
Court: Kolkata
Decided on: Jul-21-2005
Reported in: 2005(4)CHN39,2006CriLJ833
Bhaskar Bhattacharya, J.1. These two mandamus appeals were heard analogously as those are interlinked and by a common judgment dated December 10, 2003, a learned Judge of this Court allowed the two writ applications filed by the respondents in these two appeals thereby quashing a First Information Report lodged by the police consequent to an order passed by the learned Metropolitan Magistrate, 11th Court, Saidapet, Chennai, under Section 156(3) of the Code of Criminal Procedure on an application of complaint filed by the appellant herein.2. The appellant herein filed a complaint under Section 200 read with section 156(3) of the Code of Criminal Procedure before the 11th Court of Metropolitan Magistrate at Saidapet, Chennai, against the private respondents herein for a direction upon the Additional Deputy Commissioner of Police, General Crime, Egmore, Chennai-14 to register the case and to investigate tie same by forwarding the complaint under section 156(3) of the Code of Criminal Proc...
Food Corporation of India and ors. Vs. Smt. Krishna Roy and Nine ors.
Court: Kolkata
Decided on: Jul-21-2005
Reported in: (2006)1CALLT273(HC),[2006(109)FLR490],(2006)IILLJ478Cal
Asok Kumar Ganguly, J. 1. This appeal has been filed by Food Corporation of India (hereinafter called F.C.I.) and its officers impugning a Judgment and order dated 17.8.2000 passed by a learned Judge of the Writ Court. Similar nine appeals have been by F.C.I, and others against the same Judgment. All these appeals were heard together and are disposed of by the common Judgment delivered in this case.2. The material facts of this case that the writ petitioners in the connected writ petitions were appointed to the posts of typists on relaxed norms of speed and purely on temporary basis for a period not exceeding one year. The person so appointed was required to appear in a speed test within one year from the date of joining. Further terms of such appointment were if the person concerned qualified in that speed test as per the F.C.I. (Staff) Regulation 1971, the person would be appointed on a regular basis. But in case the person fails to qualify the said skill test, his/her service will b...
Yusuf Gayen, Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-20-2005
Reported in: 2005(4)CHN578
Alok Kumar Basu, J.1. In all 109 persons were shown as accused in the chargesheet in connection with Kultali P.S. Case No. 4(1) of 1985 dated 16th June, 1985 out of which Sessions Trial No. 3(5) of 1993 arose. 98 persons were committed to the Sessions Court since 9 accused persons meanwhile either died or escaped trial and out of those 98 persons, 58 persons stood acquitted under the provisions of Section 232 of the Cr. PC and one Yunus Laskar could not he tried due to his insanity and thus, ultimately 39 persons faced the trial before the learned Additional Sessions Judge-cum-Judge, Special Court (EC Act Alipore), 24-Parganas (South),2. The learned Additional Sessions Judge, while delivering his judgment in connection with Sessions Trial No. 3(5) of 1993, convicted the present appellants who are 6 in numbers under Sections 148, 302/149 and 323/149 of the Cr. PC and sentenced them to suffer rigorous imprisonment for three years and to pay a fine of Rs. 1,000/- each in default, rigorous...
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