Kolkata Court January 2007 Judgments
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Rajorshi De Vs. University of Calcutta and anr.
Court: Kolkata
Decided on: Jan-17-2007
Reported in: (2007)2CALLT291(HC)
Maharaj Sinha, J.1. On 26th September 2003, the Supreme Court was pleased to pass the following order on the petitioner's Special Leave Petition (Special Leave to Appeal (Civil) C.C. 8263/2003). For the sake of convenience only the text of the said order is set out below:Upon hearing counsel the Court made the following OrderLearned Counsel for the petitioner submits that in view of the fact that law permits the authorities to grant grace marks, therefore, he seeks permission to withdraw the SLP to approach the said authority. Permission prayed for is granted. The Special Leave Petition is dismissed as withdrawn.(Ganga Thakur) (Prem Prakash)PS to Registrar Court Master2. Admittedly, the above Special Leave Petition was dismissed as withdrawn only on the basis of the submission of the learned Counsel of the writ petitioner and in the absence of the respondents when the above order was made by the Supreme Court.3. As I proceed to consider the merits of the present writ petition, I will s...
Engser Ltd. and anr. Vs. Employees Provident Fund Organisation and ors ...
Court: Kolkata
Decided on: Jan-17-2007
Reported in: (2007)2CALLT650(HC),[2007(115)FLR1104]
Jayanta Kumar Biswas, J.1. The writ petitioners are questioning the order of the Assistant Provident Fund Commissioner, Sub-Regional Office, Howrah dated September 12th, 2005 directing them to pay the sum of Rs.2,64,922/- on account of interest payable under Section 7Q of the Employees' Provident Funds & Miscellaneous Provisions Act, 1952.2. The order dated September 12th, 2005 is set out below:It is observed from office record that you have made payment of PF and allied dues for the period from 7/97-9/02 after expiry of the stipulated date. Therefore the following interest has been charged for that delay payment:Interest under Section 7QPeriod A/C. 1 A/C. 2 A/C. 10 A/C. 21 A/C. 22 Total7/97-9/02 134914 10612 112789 6483 124 264922Rupees Two lakh sixty four thousand nine hundred and twenty two only.You are directed to make payment forthwith of this demand failing which legal action will be initiated against you.3. Feeling aggrieved the petitioners took out writ petition. They had no re...
State of West Bengal and anr. Vs. Dilip Kumar Nandi and ors.
Court: Kolkata
Decided on: Jan-17-2007
Reported in: 2007(4)CHN49
Ashim Kumar Banerjee, J.1. This case has a chequered history. In 1986, the State Government decided to fill up the posts of Gram Shevak within the State. A common recruitment process was had. The candidates sat for the examination. Merit list was prepared. However, districtwise panels were prepared by the Government out of one recruitment process. This was challenged before this Court in 1989. The learned Single Judge set aside the districtwise panels and directed a central panel to be prepared therefor. At that time there had been 700 odd posts were vacant. The State Government accepted the judgment and prepared a central panel. However, series of writ petitions thereafter were filed by empanelled candidates alleging discrimination. The matter came up before this Court again. The learned Single Judge in writ petition being No. CR 12463(W) of 93 once again directed the State to give appointment from the central panel. The said judgment was delivered on August 13, 1998 and by this time ...
Standard Chartered Grindlays Bank Retired Employees Association and or ...
Court: Kolkata
Decided on: Jan-16-2007
Reported in: 2007(2)CHN66,(2007)2LLJ887Cal
Debasish Kar Gupta, J.1. This writ application is filed by the petitioners for a direction upon the Regional Labour Commissioner (Central), Kolkata, to submit his failure report on the conciliation of the industrial dispute regarding denial of higher pensionary benefits to the employees of the respondent bank who retired before November 1, 2001 and also for other consequential reliefs.2. The petitioner No. 1 is a Regional Trade Union of the retired employees of the respondent bank. The petitioner Nos. 2 & 3 are the retired employees of the respondent bank. The respondent bank was formerly known as ANZ Grindlays Bank. It is renamed and known as the Standard Chartered Grindlays Bank.3. On the basis of a settlement entered on November 20, 1997 under Section 2(b) read with Section 18(1) of the Industrial Disputes Act, 1947 (hereinafter referred to as the said Act) read with Rule 58 of the Industrial Disputes (Central) Rules, 1957 between the ANZ Grindlays Bank Ltd., and All India Grindlays...
Anil Kumar Maity Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-16-2007
Reported in: 2007(2)CHN124,1(2007)CLT691
Dipankar Datta, J.1. This is a rare case where the facts are such that despite the prayers of the petition not being appropriately framed, I am inclined to grant relief to the petitioner because he has been subjected to grave injustice. I proceed to grant relief to the petitioner keeping in mind that Article 226 of the Constitution ex facie confers a wide power on the High Courts to reach injustice wherever it is found [see Dwarkanath v. I.T.O. : [1965]57ITR349(SC) , followed in Shri Anadi Mukta Sadguru S.M.V.S.J.M.S. Trust v. V.R. Rudani : (1989)IILLJ324SC ] and that if foundation for grant of a particular relief is laid and a party is entitled to relief on merits, an application cannot be thrown out simply on the ground that the proper writ or direction has not been prayed for and it would be permissible for the Writ Court to mould the relief for ends of justice.2. Certain basic facts are required to be noted for appreciating the plight of the petitioner.3. After being involved in a ...
Apeejay House Pvt. Ltd. Vs. Punjab National Bank
Court: Kolkata
Decided on: Jan-15-2007
Reported in: 2007(2)CHN178
ORDER 7PLAINT1. Particulars to be contained in plaint.--The plaint shall contain the following particulars:(a) the name of the Court in which the suit is brought;(b) the name, description and place of residence of the plaintiff;(c) the name, description and place of residence of the defendant, so far as they can be ascertained;(d) where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect;(e) the facts constituting the cause of action and when it arose;(f) the facts showing that the Court has jurisdiction;(g) the relief which the plaintiff claims;(h) where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; and(i) a statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of Court-fees, so far as the case admits....
State Bank of India Vs. Official Liquidator
Court: Kolkata
Decided on: Jan-15-2007
Reported in: [2008]142CompCas521(Cal)
Sanjib Banerjee, J.1. This application has been taken out in August, 2005, for recalling an order passed on February 1, 2002.2. The order of February 1, 2002, is as follows:The court: There shall be an order as prayed for by the official liquidator in the letter for direction dated September 13, 2000.Parties concerned including the official liquidator are to act on a signed copy of the minutes of this order.3. The prayers made by the official liquidator in the letter for directions of September 13, 2000 were as follows:(a) The hon'ble court may be pleased to pass an order by staying the demand in Certificate No. 63 of 2000 (State Bank of India v. Official Liquidator, High Court, Calcutta, being the liquidator of the British India Steels Ltd. (in liquidation) and Anr.).(b) Leave may be given to official liquidator to invite claims of creditors of the company (in liquidation) by releasing advertisement in the newspapers made as Bartaman, Statesman and Gujarat Samachar published from Guja...
Sabyasachi Das Vs. New India Assurance Co. Ltd. and anr.
Court: Kolkata
Decided on: Jan-15-2007
Reported in: 2008ACJ2072
Kalidas Mukherjee, J.1. This is an application under Article 227 of the Constitution of India challenging the impugned Order No. 19 dated 16.3.2006, passed by Mr. S. Dasgupta, the learned Additional District Judge, Sixth Fast Track Court, Alipore in M.A.C. Case No. 97 of 2004 rejecting hereby the petition filed by the claimant-petitioner under Order 6, Rule 17, Code of Civil Procedure for amendment of the petition. The case of the petitioner-claimant, in short, is that he filed a claim case under Section 163-A of the Motor Vehicles Act being M.A.C. Case No. 97 of 2004 against the opposite party before the Motor Accidents Claims Tribunal, Alipore praying for compensation of Rs. 2,50,000 on account of the injury in motor accident. Incident took place on 21.5.2004 at about 13.30 hours at Digha-Macheda Road near Dakshin Kalamdar caused by the offending vehicle (bus) No. WB 25-B 1168. The offending vehicle was owned by O.P. No. 2 and insured with New India Assurance Co. Ltd. Due to the said...
Narayan Ch. Das Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Kolkata
Decided on: Jan-12-2007
Reported in: (2008)(2)SLJ30CAT
1. The applicant, Shri Narayan Ch. Das has filed this OA challenging the charge sheet dated 29.1.90 (Annexure A/1), the order of the Disciplinary Authority dated 28/31.10.02 (Annexure A/12) and the order of the Appellate Authority dated 15.7.03 (Annexure A/15).2. The fact of the case in brief is that the applicant was a Rest-Giver Assistant Station Master to the regular Station Master Shri L.N. Majhi at Quarry-Siding Railway Station. Shri S.R. Das was another such Rest-Giver Station Master. The applicant has alleged that T-39 Register indicated receipt of two Box Wagons of Steel Plates by Shri Majhi in February and March, 1987. These were for ultimate delivery to M/s Bhagawati Iron & Steel Hardware Depot a Bhubaneswar. Their Agent Sambhu Kedia took delivery of major part of the Steel Plates by gas cutting in presence of Shri Majhi as witnessed by Shri Kalipada Dey a prosecution witness. Supplier did not get cost of the materials and reported the matter to CBI, Rourkela. Their Insp...
intime Spectrum Registry Ltd. Vs. Mcs Ltd.
Court: Kolkata
Decided on: Jan-12-2007
Reported in: 2007(2)CHN109
1. This instant appeal is filed by the appellants/defendants aggrieved by the ad interim Order No. 2 dated 21st December, 2006 passed by the Civil Judge (Sr. Division), 4th Court, Alipore in Title Suit No. 167 of 2006.2. A perusal of the said order dated 21st December, 2006 shows that it was passed exparte and notice was directed to issue upon defendants asking them to show cause within 10 (ten) days from the date of the receipt thereof as to why the prayer for temporary injunction as sought for by the plaintiff shall not be granted. The ex parte order is in the following terms:that the defendant No. 1 is restrained from undertaking or signing any new contract of any nature pertaining to the business of Registrar to an issue and share transfer agent and acting in furtherance of any new contract of the like nature after the said agreement 18.8.2006 and creating any encumbrance over moveable properties and/or the business of the defendant No. 1 and making any press release or public stat...
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