Kolkata Court December 2007 Judgments

Stp Ltd. Vs. Learned Second Labour Court and ors.

Court: Kolkata

Reported in: (2008)IIILLJ155Cal

1. This appeal was taken up for hearing on September 19, 2007. In course of hearing, it was submitted before us by the learned advocate, appearing for the Company/appellant that the concerned workman viz., Ananda Das, after his service was terminated, worked in another Company, viz., Universal Surface Protection Pvt. Ltd. No. 2, Brite Street, Ground Floor, Kolkata. So in view of the provisions laid down in the proviso to Section 17-B of the Industrial Disputes Act, the concerned workman is not entitled to get any arrears salary, as it was directed by the Learned Judge, Second Labour Court. It was submitted by the learned advocate for the concerned workman that the respondent workman after his service was terminated never worked in any other concern and he was out of employment during that period and as such he is entitled to get relief under Section 17-B of the Industrial Disputes Act. It is further submitted by the learned advocate for the respondent workman that the person named Anan...

Durgapur Projects Ltd. Vs. Visa Steel Ltd.

Court: Kolkata

Reported in: 2008(1)CHN848

Sanjib Banerjee, J.1. The petitioner founds its claim for winding up the company on the company's failure to pay in respect of some 2000 MT of coal supplied to it. The petition is crisp and is based on a handful of documents leading up to the pithy statutory notice of May 3, 2005. The petitioner suggests that in the many pages expended by the company in response to the statutory notice, it has spun a web of confusion that should take little time for a Court to discern.2. The petitioner asserts that the two other transactions that the company has copiously referred to in its reply to the statutory notice and the alleged fraud on the petitioner's part that makes up the better part of the verbose affidavit, are but part of a laboured shield to cloak its insolvency. According to the petitioner, the two other transactions are unconnected, have arbitration agreements covering the disputes relating thereto and should not be mixed up to permit dilution of the relevant claim of about Rs. 2 cror...

State of West Bengal and ors. Vs. Purnima Tikadar

Court: Kolkata

Reported in: 2008(2)CHN188

1. Heard the learned Advocates appearing for the parties.2. Challenging the judgment and order dated 1st December, 2006 passed by the Learned Trial Judge in W.P. No. 1612 of 2006, this appeal has been preferred by the State respondents. By the impugned judgment under appeal, learned Trial Judge extended the validity period of offer letter for a period of three months and thereby directed the respondent State to issue route permit in route No. 202. The factual matrix of the case for which the writ petitioner moved the writ application in short as follows:An offer letter was issued on 28th January, 2004 identifying the route No. 202, a route which is notified route under Section 71(3) of the Motor Vehicles Act, 1988 fixing the maximum number of stage Carriage Permit as could be granted as 35 in terms of the gazette notification of such declaration dated 20th May, 2003. In the offer letter, time-limit was fixed by 30 days. Petitioner was required to place vehicle on complying with Bharat ...

Commissioner of Income Tax Vs. Balarampur Chini Mills Ltd.

Court: Kolkata

Reported in: (2008)214CTR(Cal)684,[2009]316ITR374(Cal)

1 We are satisfied with the grounds made in the petition for condonation of delay. Hence delay is condoned. The application being GA No. 2949 of 2007 is allowed.2. Heard learned Counsel for the appellant. Perused the order passed by the learned Tribunal reported as Asstt. CIT v. Balarampur Chini Mills Ltd. (2007) 111 TTJ (Kol) 230--Ed. In our opinion, the Tribunal has gone into the matter in details and come to the correct conclusion. Hence we are affirming the order passed by the learned Tribunal. Hence we dismiss the IT Appeal No. 594 of 2007.3. All parties concerned are to Act on a signed copy of the minutes of this order on the usual undertakings.Urgent xerox certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities....

Md. Bafati Mia Vs. the State of West Bengal and ors.

Court: Kolkata

Reported in: (2008)1CALLT378(HC),2008(2)CHN299

1. The appellant/petitioner filed this writ petition claiming therein that he had been allocated a kerosene oil dealership and he had been running the dealership in a small room with tile shed and dilapidated walls on the ground floor of the premises situate at 54, Syed Amir Ali Avenue, Kolkata - 19. In the year 2003, the landlord of the premises having decided to hand over the premises to a promoter hired some anti-social elements of the locality and/or professional miscreants against the petitioner entrusting them with the responsibility of evicting him from the aforesaid shop. In the last week of January, 2003, he was threatened by some goondas with dire consequences at gun point. They asked him to quit the premises and even the city of Kolkata immediately failing which he would be murdered. We are also told that they even threatened to kill his son along with the petitioner. Out of fear, the appellant/petitioner left Kolkata and went to his native village. Sometime later he returne...

Dankha Devi Agarwal Vs. Bhagirath Agarwal

Court: Kolkata

Prabuddha Sankar Banerjee, J.1. This relates to an application filed by the legal heirs of the original plaintiff Smt. Dankha Devi Agarwal for condonation of delay and for substitution.2. The said Dankha Devi Agarwal, since deceased filed the suit in the year 1989 with prayer for reliefs which are mentioned as follows:a) The power of attorney dated 10th March 1978 be adjudged void and/or voidable and be directed to be delivered up and cancelled;b) Alternatively, a declaration that the power of attorney dated 10th March 1978 stands revoked and/or cancelled and that the defendant is no longer entitled to act for and on behalf of the plaintiff and/or its firm 'Camac Development Corporation';c) Declaration that the defendant has no right, title or interest in respect of premises No. 13, Camac Street, Calcutta and/or any portion thereof;d) The defendant be directed to render full and true accounts in respect of the business and/or dealings of the said firm 'Camac Development Corporation' in...

National Small Industries Corporation Vs. Tulip Electricals P. Ltd.

Court: Kolkata

Reported in: 2008(1)CHN854

Sanjib Banerjee, J.1. AP No. 175 of 1999 is a petition under Section 9 of the Arbitration and Conciliation Act, 1996. During the pendency of this petition the respondent Nos. 2 and 4 have expired. GA No. 3010 of 2007 is for recording the death of such deceased respondents, bringing their heirs on record after setting aside abatement, if any.2. An affidavit-of-service has been filed from which it appears that the heirs of the deceased respondent Nos. 2 and 4 have refused to accept service.3. But before the application for substitution can be taken up, there is an important matter which has come to the notice of Court. It appears that no attempt was made by the petitioner for commencing arbitral proceedings. The petitioner submits that in view of Section 9 of the 1996 Act permitting the petitioner to commence a reference after making such petition, there is no real time-limit and it is open for a petitioner to take steps well after the institution of the petition for the commencement of ...

Shibani Das Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: 2008(1)CHN822

Biswanath Somadder, J.1. Affidavit-of-service filed on behalf of the writ petitioner may be kept on record.2. Heard the learned Advocates appearing on behalf of the parties.3. None appears on behalf of the school authorities when the matter is called.4. The writ petitioner appears to be aggrieved by the inaction on the part of the school authorities, who, according to the writ petitioner, have withheld the release order in favour of the writ petitioner to allow her to join the other school where she has been recommended by the West Bengal Regional School Service Commission. Apart from this, the writ petitioner has contended that she has also not been given the last pay certificate by the concerned school.5. After considering the submissions made and upon perusing the writ petition, I am of the view that once a statutory authority, that is to say, West Bengal Regional School Service Commission, has issued a recommendation in favour of the writ petitioner, the school authorities have no ...

Pir Mohammed Vs. Gopal Chatterjee

Court: Kolkata

Reported in: 2008(2)CHN525

Rudendra Nath Banerjee, J.1. This revisional application has been directed against the order dated 9.7.07 passed in title suit No. 148/03 in the 2nd Court of Civil Judge, Junior Division, Basirhat, North 24-Parganas.2. The plaintiff/O.P. filed the title suit No. 148 of 2003 in the said Court against the defendant Pir Mohammed for eviction from the suit premises which was his place of business. The plaintiff made attempts to serve summon of the suit upon the defendant Pir Mohammed repeatedly and once the defendant refused to accept the summon and in another occasion the envelop returned with the endorsement as 'not claimed'.3. However, the present petitioner Golam Rasul filed one application under Order 1 Rule 10 of the Code of Civil Procedure (in short the CPC) for his addition as co-defendant on the ground that it was not the defendant Pir Mohammed, the sole tenant but he himself is also a tenant in the same premises as a partner of the business. However, such petition was rejected on...

Narayan Roy Alias Lal Vs. Smt. Debjani Roy

Court: Kolkata

Reported in: (2008)1CALLT38(HC)

Kalidas Mukherjee, J.1. This application has been filed at the instance of the petitioner/husband under Section 482 Cr PC praying for quashing of the order dated 18.10.2004 arising out of the MR 64 of 2000/TR 10 of 2000 passed by Shri S. Dey, Judicial Magistrate, 1st Court, Siliguri under Section 125 Cr. P.C. directing the husband to pay Rs. 1,200/- per month from the date of the order towards the maintenance allowance.2. The case of the wife/petitioner as per averment made in the learned Court below in short, is that she is the legally married wife of the O.P./husband and the said marriage was solemnized on 19.11.1999 according to Hindu rites and ceremonies. After the said marriage, the O.P./husband took her to the matrimonial home at Deshbandhu para, Siliguri. In the night of 'Boubhat' the wife/petitioner noticed that her husband did not participate in establishing matrimonial relations with her. On subsequent nights she found that her husband failed and refused to consummate the mar...