Kolkata Court March 2007 Judgments
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Swan Marketing Private Ltd. and anr. Vs. Commercial Tax Officer and or ...
Court: Kolkata
Decided on: Mar-05-2007
Reported in: (2007)3CALLT144(HC)
Biswanath Somadder, J.1. The instant writ petition is directed against the Judgment and order dated 6th July, 2001, passed in case No. 220 of 2000 by the learned West Bengal Taxation Tribunal (hereinafter referred to as the 'Learned Tribunal').2. By the said Judgment and order dated 6th July, 2001 the learned Tribunal was, inter alia, pleased to dismiss the application of the petitioner and upheld the assessment order dated 5th May, 1988, as well as the appellate authority's order dated 19th July, 1993 and the revisional order dated 22nd May, 2000, in respect of imposition of sales tax upon the petitioner for the assessment period 01.03.81 and 28.02.82.3. The facts of the case briefly are as follows:The petitioner is a registered dealer, both under the Bengal Finance (Sales Tax) Act, 1941 (for short, the said Act) and the Central Sales Tax Act, 1956. It is the case of the petitioner, being a company, that it was assessed for the period between 1st March, 1981 and 28th February, 1982 fo...
In Re: Director General of Police and ors.
Court: Kolkata
Decided on: Mar-02-2007
Reported in: 2007CriLJ1955
Bhaskar Bhattacharya, Acg, C.J.1. These two suo motu rules alleging criminal contempt of Court were heard together as facts giving rise to issue of those two Rules are mostly interlinked.2. On January 15, 2007. this Bench issued the aforesaid two Rules on the basis of information given by the learned Registrar General of this Court that due to the agitation started by the 'Circuit Bench O Sarbik Unnayan Dabi Adyay Samannya Committee, Jalpaiguri,' (hereinafter referred to as the Committee), the learned District Judge and other Judges of the Judgeship at Jalpaiguri were unable to enter the Court building, as a result, the District Judges' Courts at the Headquarter of the District Jalpaiguri were not functioning at all for the last one month, this Court issued two suo motu rules, one against the 16 persons actively associated with the aforesaid Committee and the other against (1) the Director General of Police, West Bengal, (2) the District Magistrate, Jalpaiguri, (3) the District Superin...
Juthika Biswas Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-02-2007
Reported in: (2007)2CALLT423(HC),[2007(115)FLR595]
Maharaj Sinha, J.1. An order of the Director of the School Education, West Bengal, dated 16th October, 2001, is essentially under challenge in this writ application. The said order according to the writ petitioner should be set aside and the writ petition should be given 'pay protection' in her favour as sought for by the writ petitioner herself.2. Needless to mention, in the above order the Director of School Education concerned {in short Director) simply said that the question of pay protection in favour of the writ petitioner, an assistant teacher of the United Missionary Girls' High School (Primary Section), Calcutta did not arise.3. The learned Counsel Mr. Subir Sanyal appearing on behalf of the writ petitioner submitted at the hearing that the order of rejection of the Director gave rise to most fundamental question whether the petitioner was entitled to pay protection of Rs. 50/- with consequential service benefits on the writ petitioner's subsequent appointment to the post of a...
Food Corporation of India and ors. Vs. Assistant Labour Commissioner-i ...
Court: Kolkata
Decided on: Mar-02-2007
Reported in: (2007)2CALLT331(HC)
Soumitra Pal, J.1. This writ petition was filed by the Food Corporation of India (for short 'FCI') challenging the order dated 31st December, 2004 passed by the Assistant Labour Commissioner (Central) Kolkata II and the Controlling Authority (for short 'the controlling authority') under the Payment of Gratuity Act, 1972 (for short 'the Act') directing payment of gratuity to the respondent No. 2 ('the said respondent' for short), the employee, under the Act on the following grounds as stated in the writ petition:I) For that the Assistant Labour Commissioner-II (Central) was wrong in passing the order dated 31.12.2004 directing the petitioner to pay further amount of Rs. 1,15,024.55 paise towards gratuity to the Respondent No. 2.II) For that the Assistant Labour Commissioner-II (Central) while passing the order dated 31.12.2004 in connection with Case No. 48/71/2003-ALC-II did not take into consideration at all that the Respondent No. 2 did not comply with the statutory obligation as suc...
In Re: the Court on Its Own Motion
Court: Kolkata
Decided on: Mar-02-2007
Reported in: (2007)2CALLT370(HC)
Bhaskar Bhattacharya, A.C.J.1. These two Suo Motu Rules alleging Criminal Contempt of Court were heard together as facts giving rise to issue of those two Rules are mostly interlinked.2. On January 15, 2007, this Bench issued the aforesaid two Rules on the basis of information given by the learned Register-General of this Court that due to the agitation started by the 'Circuit Bench O Sarbik Unnayan Dabi Adyay Samannya Committee, Jalpaiguri', (hereinafter referred to as the Committee), the learned District Judge and other Judges of the Judgeship at Jalpaiguri were unable to enter the Court building, as a result, the District Judges' Courts at the Headquarter of the District Jalpaiguri were not functioning at all for the last one month, this Court issued two Suo Motu Rules, one against the 16 persons actively associated with the aforesaid Committee and the other against (1) the Director-General of Police, West Bengal, (2) the District Magistrate, Jalpaiguri, (3) the District Superintend...
Srivant More and anr. Vs. Ashwini Kumar More
Court: Kolkata
Decided on: Mar-02-2007
Reported in: 2007(4)CHN125
Sadhan Kumar Gupta, J.1. This revisional application has been preferred under Sections 397, 401 and 482 of the Cr.PC praying for quashing of the proceeding in connection with Case No. C- 5914 of 2004 pending before the Court of 9th Judicial Magistrate, Alipore.2. Case of the petitioners is that the O.P. filed a complaint before the Chief Judicial Magistrate, Alipore being Case No. C-5914 of 2004 alleging commission of offence by the accused/petitioners punishable under Sections 406, 420, 467, 468, 471 and 120B of IPC. Subsequently the case was transferred to the file of the ld. 9th Judicial Magistrate, Alipore for disposal.3. The petitioners preferred an application under Section 482 of the Cr.PC before the Court praying for quashing of the criminal proceeding and the said revisional application was numbered as CRR No. 436 of 2005. At the instance of the petitioner No. 1, another case was filed against the O.P. and it was pending in the Court of ld. 14th Metropolitan Magistrate. Agains...
Sukhendu Sur Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Mar-02-2007
Reported in: 2007(4)CHN440
P.N. Sinha, J.1. This revisional application under Section 401 read with Section 482 of the Code of Criminal Procedure (in short the Code) is directed against the order No. 151 dated 6.01.07 passed by the learned Additional Sessions Judge, Fast Track, 1st Court, Contai in S.T. No. VII/January/2004 thereby rejecting the prayer of the accused persons for further cross-examination of 19 prosecution witnesses as mentioned in the petition dated 2nd January, 2007.2. Mr. Ganesh Maity, the learned Advocate for the petitioner submitted that concerning unnatural death of Soma Sur there was a U.D. case started by the Contai P.S. and subsequently specific case under Section 302/304B of the IPC was started and the chargesheet was submitted. The place of occurrence is the Contai Co-operative Bank quarter and at top floor of quarter situated at Contai. According to prosecution case the victim was allegedly murdered in a bathroom of that quarter. The said quarter was not accessible to common public an...
Vijayditya Biswas Vs. Smt. Deepa Har and ors.
Court: Kolkata
Decided on: Mar-01-2007
Reported in: (2007)2CALLT468(HC)
Prabuddha Sankar Banerjee, J.1. This revisional application is as per Article 227 of the Constitution of India and is at the instance of the plaintiff of T.S. No. 33 of 2000 pending before the learned Civil Judge, Senior Division at Alipur.2. That was a suit for eviction, recovery of khas possession and other consequential reliefs on the ground of default and sub-letting.3. The fact leading to the filing of the said suit may be summed up thus:i) That the present petitioner who is a minor purchased the property in question from the owners.ii) The said property originally belonged to one Gadhadhar Kar and his wife Parbati Kar and one Sumitra Kumar Har, since deceased, was a tenant under them at a monthly rental of Rs. 300/- payable according to English calendar month. After demise of the said tenant Sumitra Kumar Har, tenancy devolved upon his widow and two sons who were defendants Nos. l, 2 and 3 in the said suit. Notice to quit and notice of the suit dated 18.6.1999 by the Advocate on ...
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