Kolkata Court December 2007 Judgments
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State of West Bengal and ors. Vs. Jawahar Singh and ors.
Court: Kolkata
Decided on: Dec-05-2007
Reported in: 2008(1)CHN559
Bhaskar Bhattacharya, J.1. This mandamus appeal is at the instance of the State of West Bengal and is directed against order dated 31st July, 2007 passed by a learned Single Judge of this Court by which His Lordship passed an interlocutory order in a pending writ application by directing the Central Bureau of Investigation ('CBI') to take charge of the investigation relating to the alleged kidnapping of the son of the writ petitioner. His Lordship directed the CID, West Bengal, to hand over all the records of the investigation so long made by the CID, West Bengal, to the Director, CBI. His Lordship further directed that the matter should appear after eight weeks and the CBI should submit a report to the Registrar General of this Court on the returnable date.2. The writ petitioner/respondent filed a writ application being W.P. No. 12426 (W) of 2006 thereby praying for direction upon the State-respondent to take effective step to trace out the son of the writ petitioner who was missing f...
In Re: Celica Developers P. Ltd. (No. 2); in Re: Microfirm Software P. ...
Court: Kolkata
Decided on: Dec-05-2007
Reported in: [2008]145CompCas155(Cal),(2008)4CompLJ46(Cal),[2009]93SCL47(Cal)
Sanjib Banerjee, J.1. The above petition coming on for hearing on this day upon reading the said petition the order dated March 29, 2007, whereby convening the meetings of the shareholders of the abovenamed petitioner-company No. 1. Celica Developers P. Ltd. (hereinafter referred to as 'the said Celica'), the abovenamed petitioner-company No. 2 Micro-firm Software P. Ltd. (hereinafter referred to as 'the said Microfirm') and the abovenamed petitioner-company No. 3 Glacier Farms P. Ltd. (hereinafter referred to as 'the said Glacier') were ordered to dispense with, for the... purpose of... considering and if thought fit approving with or without modification the scheme of arrangement proposed to be made between the said Celica, Microfirm and the said Glacier and annexed to the joint affidavit of Kalyan Bose, Ram Prakash Singhania and Anuj Bhagat filed on March 28, 2007, and upon reading on the part of the petitioner-companies an affidavit of Anup Chakorborty filed on May 7, 2007 and the ...
Shankar Ghosal Vs. Howrah District Central Co-operative Bank Ltd. and ...
Court: Kolkata
Decided on: Dec-05-2007
Reported in: [2008(117)FLR1160],(2008)IIILLJ394Cal
Jayanta Kumar Biswas, J.1. The petitioner in this writ petition dated January 24, 2005 is seeking a mandamus directing the respondents to recalculate gratuity payable to him on the basis of provisions of the Payment of Gratuity Act, 1972, and pay him Rs. 73,762/- with statutory interest. The two questions which have arisen are: (i) whether he was entitled to approach the writ Court avoiding the controlling authority empowered to take steps for recovery of gratuity in terms of the provisions in Section 8 of the Payment of Gratuity Act, 1972; and (ii) whether he was entitled to get gratuity under the provisions of the Payment of Gratuity Act, 1972.2. He retired from the service of the first respondent on December 30, 2002. He was entitled to get gratuity, and accordingly, on March 1,2004 the bank gave him gratuity on the basis of para. 10.2 of the Krishna Murti Committee recommendations which had been accepted by the bank. On July 24, 2004 a bipartite settlement, effective from July 1,20...
State of West Bengal and ors. Vs. Jahangir Ali Mallick
Court: Kolkata
Decided on: Dec-05-2007
Reported in: 2008(3)CHN434
1. Heard the learned Advocate for the parties.2. Challenging the judgment and order dated 14th September, 2006 passed in WP No. 1262 of 2006 this appeal has been preferred by the State respondents. By the impugned judgment learned Trial Judge directed grant of temporary route permit during pendency of the decision by the Transport Authority, Government of West Bengal regarding enhancement of number of State Carriage Permit in terms of Section 71(3)(a) of the Motor Vehicles Act, 1989 as per direction of Court and in the event of such enhancement of the number of route permits in terms of the said section to grant of permanent permit to the writ petitioner. The impugned judgment reads thus:The Court: Since the petitioner has already been selected to be a fit candidate to operate the vehicle on the route covering the District of Howrah and also Kolkata, the concerned authority is directed to issue a temporary permit wholly without prejudice to the rights and contentions of the parties to ...
Asstt. P.F. Commissioner, Employees' Provident Fund Organisation Vs. P ...
Court: Kolkata
Decided on: Dec-03-2007
Reported in: (2008)1CALLT367(HC),2008(1)CHN469,[2008(118)FLR162],(2008)IILLJ969Cal
S.S. Nijjar, C.J.1. This appeal has been filed by the Assistant Provident Fund Commissioner challenging the order passed by the learned Single Judge dated 18th September, 2007 in W.P. No. 12455 (W) of 2007. The respondent Nos. 1 and 2 filed the aforesaid writ petition challenging various orders passed by the Assistant Provident Fund Commissioner under the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the Provident Fund Act). By these orders the writ petitioners had been directed to pay the balance amount within fifteen days of the receipt of the orders, failing which recovery action and proceedings for prosecution as provided under the Act and the Scheme framed thereunder and Section 406/409 of the Indian Penal Code shall be initiated without any further notice. The petitioners had challenged the orders on numerous grounds. The points of law involved in the writ petition were formulated by the petitioners thus:1. Whether the determination ...
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