Kolkata Court October 2007 Judgments
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Spaceage Multiproducts Pvt. Ltd. and anr. Vs. Commissioner of Customs ...
Court: Kolkata
Decided on: Oct-09-2007
Reported in: (2008)2CALLT169(HC)
Jayanta Kumar Biswas, J.1. The petitioners in this writ petition dated July 20th, 2004 are seeking a mandamus commanding the authorities of the customs department to pay them Rs. 4,50,000/- with penalty and interest, since the authorities are unable to return the goods.2. The petitioners imported 400 sets of UPS system from Taiwan. The goods arrived at Kolkata port on January 7th, 2000. The bill of entry was filed. On inspection the authorites of the customs alleged under valuation. The petitioners were called upon to take delivery of the goods after submitting requisite bond and bank guarantee. Feeling aggrieved they moved this Court by filing a writ petition. By an order dated May 19th, 2000 that writ petition was disposed of directing the authorities of the customs to release 50% of the goods keeping the balance 50% as security for duty that would be payable. They were directed to submit a bank guarantee for Rs. 50,000/-. In that order it was recorded that according to the petitione...
The Board of Trustees for the Port of Kolkata and anr. Vs. Sri M.S. Kh ...
Court: Kolkata
Decided on: Oct-09-2007
Reported in: (2008)2CALLT231(HC),2008(3)CHN1005
Surinder Singh Nijjar, C.J.1. This appeal has been filed by the Kolkata Port Trust challenging the judgment of the learned single Judge dated 6th February, 2007 in writ petition No. 2053 of 2003. By the aforesaid judgment, the writ petition has been allowed. Writ in the nature of mandamus has been issued directing the respondent to do the needful in terms of the order prayed for in the writ petition by allowing him to exercise his option and to switch over to the Pension Scheme. The respondents were directed to act accordingly within a period of four weeks from the date of receipt of a copy of the judgment. Instead of implementing the aforesaid judgment, the present appeal has been filed.2. The petitioner joined the Calcutta (now Kolkata) Port Trust (herein after referred to as the Port Trust) under its Marine Department as a Hooghly Pilot with effect from January, 1952. He was confirmed as Class-I Officer. At the time of his appointment, there was no Pension Scheme for the employees o...
Mandeep Mishra and ors. Vs. Union of India (Uoi) and anr.
Court: Kolkata
Decided on: Oct-09-2007
Reported in: AIR2009Cal31
ORDERBiswanath Somadder, J.1. Heard the learned Advocates appearing on behalf of the parties.2. The instant writ petition was filed before this Court sometime in the year 2002 by three persons, who claim to be devotees of Sri Aurobindo and also followers of Sri Aurobindo's Yoga, namely, Integral Yoga.3. In paragraph 2 of the writ petition, the writ petitioners have stated their long standing association with the philosophy of Sri Aurobindo. The writ petitioners have also stated in the said paragraph that as all of them were the followers of Sri Aurobindo and believed in one path, they were acquainted to each other.4. In paragraph 3 of the writ petition, it has been stated that the writ petitioners came to know from a telecast in Khas Khabar and DD-1/Dd-7 news of 9th September, 2002 evening, that the learned Chief Judicial Magistrate. Alipore, was pleased to frame charges inter-alia against the trustees of Sri Aurobindo Trust. Gathering certain information thereafter, the writ petitione...
In Re: Prudential Capital Markets Ltd. (In Liquidation)
Court: Kolkata
Decided on: Oct-08-2007
Reported in: (2008)1CompLJ314(Cal),[2008]84SCL239(Cal)
Sanjib Banerjee, J.1. The official liquidator seeks eviction of a lessee at a property of the company in liquidation in Hyderabad. A letter for directions to such effect has been filed. The lessee has filed affidavits and has attempted to resist the order sought.2. Prudential Capital Markets Ltd. (now in liquidation) was permitted by its memorandum to carry on investment business. In 1997 it applied under the Reserve Bank of India Act, 1934, for issuance of a certificate of registration as a non-banking financial company as defined by Section 45-I(f) of the 1934 Act. On 29 September 1997, the Reserve Bank prohibited the company from accepting any deposit from any person whether by way of renewal or otherwise and the company was further directed not to sell, transfer, create any charge or mortgage or deal with its property or assets in any manner without the prior written permission of the Reserve Bank except for the purpose of repayment of the deposits held by the company on maturity. ...
Bhudeb Chandra Dey Vs. the District Inspector of Schools (S.E.) and or ...
Court: Kolkata
Decided on: Oct-08-2007
Reported in: (2008)2CALLT29(HC)
Jayanta Kumar Biswas, J.1. The petitioner in this writ petition dated September 13, 2006 is aggrieved by the decision of the District Inspector of Schools (S.E.), Hooghly dated January 16, 2006, the relevant portion whereof is : 'It appears that the petitioner was initially appointed as part time teacher since 04.2.69 so his approval accorded since 1.3.80 is rightly done by the then District Inspector of Schools (SE); Hooghly vide memo No. 10609/JH-21 dated 6.12.82 after creation of the post in 4-Class Junior High School in view of the letter issued by the then District Inspector of Schools (SE) Hooghly vide Memo No. 102(S) dated 7.3.80 as there was no permanent post at the material point of time.'2. After sanctioning the setting up of senior basic schools for imparting education to the children in classes VI-VIII at the basic pattern, the Director of Public Instruction, West Bengal issued an order No. 472 dated June 24, 1963 giving the instructions to be followed for proper functionin...
Noor Md. Vs. Mustaque Ahmed and ors.
Court: Kolkata
Decided on: Oct-05-2007
Reported in: 2007(4)CHN947
Pranab Kumar Chattopadhyay, J.1. The instant appeal has been preferred against the order dated 19th April, 2007 passed by the learned Single Judge while deciding the writ petition bearing W.P. No. 6655(W) of 2007. The said writ petition was filed on behalf of the respondent Nos. 1 and 2 herein without impleading the appellant as party respondent. Upon obtaining specific leave of this Court, instant appeal has been preferred by the appellant herein.2. Assailing the order under appeal passed by the learned Single Judge it has been submitted on behalf of the appellant that the aforesaid writ petition was filed by the writ petitioners in collusion with the other respondents on suppression of the material facts and upon practising fraud upon the Court with an intention to remove the 'Khatal' of the appellant herein.3. The learned Counsel of the appellant submits that the writ petitioners as well as the other respondents including the Chairman, Bhatpara Municipality and the respondent No. 6 ...
State of West Bengal Vs. Aspiring Engineers and Exporters Pvt. Ltd. an ...
Court: Kolkata
Decided on: Oct-05-2007
Reported in: 2008(1)CHN165
S.P. Talukdar, J.1. An award under the Industrial Disputes Act was made as far back as in 1994. It was against a company, M/s Aspiring Engineers and Exporters Pvt. Ltd. About a decade and half have passed since passing of the said award and without absolutely no progress so far. It has been althrough a wild goose chase. The controversy of course was, for reasons or without, allowed to change the complexion from time to time. In the process, the helpless workers wasted their valuable time and waited in agony.2. The present application under Section 482 of the Code of Criminal Procedure is directed against an order dated 11th July, 2002 passed by the learned City Sessions Court, Calcutta, in Criminal Revision No. 3 of 2001. By the said order, the learned Court of Revision set aside the order of the learned Magistrate being the order dated 19th July, 2000 passed in connection with Misc. Case No. 44 of 1998. All this was in connection with a proceeding under Section 33C(2) of the Industria...
Jayanti Maji Vs. State of W.B. and ors.
Court: Kolkata
Decided on: Oct-05-2007
Reported in: 2008(1)CHN612
Debasish Kar Gupta, J.1. The subject-matter of challenge in this writ application is the resolution dated February 15,2007 adopted in the meeting of the respondent No. 2 rejecting the application of the petitioner dated January 31, 2007 for granting stage carriage permit on the route froin Jalan Complex-II (Howrah) to Rajpur (South 24-Parganas).2. This writ application is taken up for final disposal with the consent of the parties on the basis of the admitted facts.3. It is an admitted fact that by virtue of the above resolution the application of the petitioner dated January 31, 2007 for granting stage carriage permit on the route in question was kept pending. The ground for keeping the application undisposed of was the above resolution. In order to decide the point of law involved in this writ application on the basis of the admitted facts, the above resolution being Annexure P-3 of the writ application is quoted below:Ld. Advocate was present. The proposed route is Jain Complex-II (...
Board of Trustees for the Port of Calcutta and ors. Vs. Avijit Kumar R ... Overruled
Court: Kolkata
Decided on: Oct-05-2007
Reported in: 2008(1)CHN658,[2008(117)FLR283]
Pranab Kumar Chattopadhyay, J.1. This appeal has been preferred at the instance of the authorities of the Kolkata Port Trust assailing the judgment and order dated 11th June, 2004 passed by the learned Single Judge while deciding the writ petition bearing W.P. No. 9259(W) of 2001. By the aforesaid judgment and order under appeal, the learned Single Judge directed the respondents to consider the cases of the writ petitioners in accordance with the decisions, which the said Kolkata Port Trust authorities had taken for giving employment to its trade apprentices in the ratio of 1:1 along with the died-in-harness category candidates. Several other directions were issued by the said learned Single Judge while allowing the aforesaid writ petition. The operative part of the said judgment of the learned Single Judge is set out hereunder:.The respondents are hereby directed to consider the cases of the petitioners in accordance with the decisions that the respondent Port Trust had taken for givi...
Eastern Steels Vs. Fort Gloster Industries Ltd.
Court: Kolkata
Decided on: Oct-05-2007
Reported in: [2008]142CompCas543(Cal)
Indira Banerjee, J.1. This application under Sections 433, 434 and 439 of the Companies Act, 1956, is for winding up of Fort Gloster Industries Ltd., an existing company within the meaning of the Companies Act, 1956, having its registered office at 31, Chowringhee Road, Kolkata-700 016, hereinafter referred to as the company.2. The petitioning creditor claims to be a partnership firm carrying on business of manufacture of, inter alia, tapes and strips. The petitioning creditor claims to be registered as a Small Scale Industrial Unit with the Directorate of Cottage and Small Scale Industries. It is the case of the petitioning creditor that pursuant to and in terms of orders placed by the company on the petitioning creditor from time to time, the petitioning creditor supplied cold rolled steel tape of diverse quantities to the company.3. According to the petitioning creditor, the goods were duly received and accepted by and/or on behalf of the company. It is alleged that the petitioning ...
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