Kolkata Court August 2005 Judgments

Sandhya Baul Vs. Director of Panchayat and anr.

Court: Kolkata

Reported in: 2005(4)CHN368,[2006(108)FLR1017],(2006)ILLJ637Cal

Bhaskar Bhattacharya, J.1. These two mandamus appeals were heard together as points involved herein are almost similar.2. We, however, propose to deliver separate judgment one after the other.MAT No. 021 of 2005 in W. P. No. 008 of 2005Sandhya Baul v. Director Panchayat and Anr.3. This mandamus appeal is at the instance of the respondent No. 1 in a writ application filed by the Director of Panchayat and is directed against the order dated July 11, 2005 passed by a learned Judge of this Court thereby disposing of the said writ application under Article 226 of the Constitution of India against an award dated 25th March, 2004 in ID Case No. 11 of 2002.4. The appellant herein was allegedly appointed and/or engaged with effect from 01st September, 1996 by the Pradhan of Basantipur Gram Panchayat to discharge the work of Gram Panchayat as a daily rated typist in the office of the Gram Panchayat, Basantipur, Middle Andaman. She continued there till 31st October, 2004. According to her, she al...

Sk. Ziaul Kader Vs. Asish Kumar Mallick and anr.

Court: Kolkata

Reported in: 2007(1)CHN286

Sailendra Prasad Talukdar, J.1. The present case arises out of an application under Section 401 read with Section 482 of the Code of Criminal Procedure.2. It is directed against the order dated 30.12.2004 passed by the learned Metropolitan Magistrate, (8th Court), Calcutta in Case No. C/217/99 under Section 406 of the Indian Penal Code.3. The backdrop of the present case may briefly be stated as follows:Opposite party No. 1, Asish Kumar Mallick, as complainant in Case No. C/217/99, filed an application dated 15.9.2004 before the learned Trial Court wherein he stated that the name of Sri Chandan Guha, Sub-Inspector of Police, was cited as a witness in the list of witnesses. The learned Trial Court, however, passed an order in the said complaint case whereby Sri Guha was placed as an accused in the case. Complainant, however, sought to rely upon the evidence of Sri Guha, whom he wanted to be a witness. Prayer was, accordingly, made for enabling the complainant to make Sri Guha a witness ...

Principal Secretary, Urban Development Department Vs. Ramniwas Goyal M ...

Court: Kolkata

Reported in: (2005)3CALLT499(HC),2006(3)CHN555

1. In this appeal the Judgment of the learned single Judge of this Court allowing the writ petition filed by the present respondent is called in question. By that Judgment, the learned Judge set aside the order passed by the Principal Secretary, Urban Development Department whereby he had turned down the application for mutation made by present respondent Shree Ramniwas Goyal Memorial Trust. Few facts would be necessary to understand the controversy.2. On 6.3.1986, a lease was executed by the State Government in favour of one Sri Anil Kumar Bhattacharya of the Government land measuring about five and half cottah for residential purpose. A lease deed was brought into existence for that purpose. In 1992, Sri Bhattacharya made a Will of the above land giving away 50% to one Smt. Geeta Devi Agarwal and 50% to one Smt. Kanta Devi Agarwal. After the demise of Sri Anil Kumar Bhattacharya, the two ladies, viz., Geeta Devi and Kanta Devi obtained probate of the above Will and were in possession...

Union of India (Uoi) and ors. Vs. Lachman Singh and ors.

Court: Kolkata

Reported in: 2006(1)CHN130

Asok Kumar Ganguly, J.1. This case raises a few interesting questions.2. The respondent Nos. 1-20 were initially appointed as Chowkidars and Mazdoors in the Military Engineering Services in the pay scale of Rs. 196-2327-on diverse dates between 1960-1978.3. Pursuant to a circular issued by the Government on 11.05.1983 the Industrial Workers in the Military Engineering Services were classified in the following categories:a) Unskilled Workers in the pay scale of Rs. 196-232/-, b) Semi-skilled Workers in the pay scale of Rs. 210-290/-, c) Skilled workers in the pay scale of Rs. 260-400/- d) Highly-skilled Grade-II Workers in the pay scale of Rs. 330-480/- and e) Highly-skilled Grade-1 Workers in the pay scale of Rs. 480-560/-. As a consequence of so many categories of workers the obvious question which arose was one of fitment. All unskilled Mazdoors and Chowkidars who passed the test were initially classified into 'skilled' category, but later on it was discovered that such classificatio...

Aditya Nath Banerjee Vs. State Bank of India and ors.

Court: Kolkata

Reported in: (2006)IILLJ74Cal

ORDERArun Kumar Mitra, J. 1. The respondent No. 1 is the State Bank of India represented through its Regional Main Office and respondent No. 2 is the Assistant General Manager, Region-IV, Burdwan of the said Bank and respondent No. 3 is the Branch Manager, Kulti Branch, District-Burdwan of the said Bank. The petitioner is an employee of the State Bank of India. The petitioner was originally appointed as a temporary Messenger in the month of March, 1987. Initially, he was: posted at Banachity Bazar Branch at Durgapur. Subsequently, the petitioner was made permanent and as per the averments made in the writ petition the petitioner is residing in the official quarter allotted to the petitioner with: his wife, one son and one daughter. 2. According to the petitioner he was sought to be transferred from Banachity Bazar Branch to Kulti Branch and this caused difficulty to him and his family members inasmuch as his children were studying in Durgapur. 3. The petitioner expressed difficulties b...

Hindusthan Machine Tools Corporation Vs. Union of India (Uoi) and ors.

Court: Kolkata

ORDERThe Background:1. On the allegation that between May, 1995 and June, 1998, the assessee appellant had removed certain goods in a clandestine manner in order to avoid customs duty on the goods produced by it, a proceeding was initiated under Section 11AC of the Central Excise Act, in which penalty was imposed by the Assessing Officer, which was affirmed by the Commissioner of Appeals. On appeal to the Custom Excise Service Tax Appellate Tribunal (CESTAT) the Learned Tribunal affirmed the order of the Commissioner of Appeals, however, without giving reasons to support its findings upholding the imposition of penalty under Section 11AC but then reduced the amount from Rs. 16,13,237/- to Rs. 2 Lac only on the ground that the penalty appeared to be excessive considering all-aspects of the case.The Grounds :2. This appeal was admitted before this Court under Section 35G of the Central Excise Act on the following grounds:i) Whether the unreasoned order read with the facts and pointes of ...

Steel Authority of India Vs. Ninth Industrial Tribunal and ors.

Court: Kolkata

Reported in: 2005(4)CHN141,[2006(108)FLR251],(2006)ILLJ583Cal

Dilip Kumar Seth, J.The order under appeal:1. This appeal is preferred against an order dated 23rd of May, 2003 passed by the learned Single Judge in C. R. 14596(W) of 1984 setting aside the order of the learned Tribunal and granting permission in terms of Section 33(2)(b) of the Industrial Disputes Act, 1947 for removal of the employee pursuant to a finding of guilt, unconnected with the dispute pending before the learned Tribunal, with a direction for payment of subsistence allowance from the date of suspension, namely, 23rd of September, 1972, till the date preceding the date of the order of removal.Submission of the Appellant/Employer :2. The learned Counsel for the appellant points out that the approval contemplated under Section 33(2)(b) does not postulate any further action or direction on the part of the learned Tribunal except grant of approval on the action already taken. If the learned Tribunal cannot pass such order except granting of approval or refusing approval, in a wri...

Madhab Saha and ors. Vs. State and ors.

Court: Kolkata

Reported in: 2006(1)CHN59

Aniruddha Bose, J.1. In this batch of writ petitions, the main controversy relates to legal validity of a notification issued by the Stbate Government on 7th June, 2004 mandating compliance of Bharat Stage II emission norms in respect of different categories of vehicles for which permits are required under the Motor Vehicles Act, 1988 (the Act). The text tin's notification is reproduced below :For sometime past the Government had been issuing several directions and orders in the matter of control of vehicular pollution within Kolkata Metropolitan Area. In the light of orders passed by the Hon'ble Division Bench Calcutta High Court dated 30.03.2004 in W. P. No. 2062 of 1999 and after careful consideration of the entire matter the Governor is pleased to issue the following directions in the matter of issue of permits to different categories of vehicles within Kolkata Metropolitan Area :1. Application for all new permits in respect of transport vehicles (except three-wheelers) operating w...

State of West Bengal and ors. Vs. Shyamapada Naskar and ors.

Court: Kolkata

Reported in: (2006)1CALLT128(HC)

1. This is in application for condonation of delay in filing the appeal. The delay is of 328 days. In support of the submission there is an affidavit of one Md. Sirajul Islam working in the Directorate of School Education, West Bengal in the post of Assistant Director. He claimed in that capacity that he knows all the facts which had been stated in the application.2. In order to appreciate the contention and counter contention, some dates will have to be seen. The order impugned in this case was passed on 18th November, 2003 whereby certain directions were issued to the District Inspector of Schools to approve the services of the petitioner to the post of Assistant Teacher in History in the school within four weeks from the date of receipt of all papers from the authorities of the said school. It was, therefore, obvious that the School was directed to send its records to the District Inspector of Schools and it was only on that the District Inspector of Schools was to act. It seems tha...

Gopal Glass Works Ltd. Vs. Assistant Controller of Patents and Designs ...

Court: Kolkata

Reported in: (2007)1CALLT290(HC),2006(3)CHN188,2006(33)PTC434(Cal)

Indira Banerjee, J.1. The Court: This appeal under Section 19(2) read with Section 36 of the Designs Act, 2000, hereinafter referred to as the said Act, is from an order dated 20th September, 2004 of the Assistant Controller of Patent and Designs, being the respondent No. 1, directing cancellation of Design No. 190336 registered in the name of the appellant.2. The appellant claims to carry on business inter alia of manufacture and marketing of figured and wired glass sheets since 1981. The appellant claims to be the originator of new and original industrial designs, applied by mechanical process, to glass sheets.3. According to the appellant the glass sheets have eye-catching shape, configuration, ornamental patterns, get up and colour shades and the same are registered and/or are awaiting registration as industrial designs under the Designs Act, 2000 and/or the rules framed thereunder.4. For production of glass sheets of the design registered as Design No. 190336, two rollers are requ...