Kolkata Court September 2008 Judgments
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Bhawanipur Gujarati Education Society and anr. Vs. University of Calcu ...
Court: Kolkata
Decided on: Sep-23-2008
Reported in: (2009)1CALLT43(HC),2008(4)CHN821
Soumitra Pal, J.1. In the writ petition the Bhawanipur Gujarati Education Society, a society registered under the Societies Registration Act, 1961, is they petitioner No. 1 . The petitioner No. 2 is its Secretary. The facts of the case are that the petitioner No. 1 in order to impart education, specially to Gujaraties in West Bengal had established, in the year 1966, an educational institution. The Bhawanipur Education Society College (hereinafter referred to 'the College') in Kolkata. The management of the college is vested by the petitioner No. 1 in a Governing Body. The Governing Body had been constituted in pursuance of the deed of the Society and in accordance with law which have been approved by the University of Calcutta. It has been stated that from time to time on the application of the petitioners, the University authorities granted affiliation to the college in different subjects. On the basis of such affiliation petitioners have been conducting B.Com. and other courses. Eve...
Bank of Rajasthan Ltd. Vs. Official Liquidator and ors.
Court: Kolkata
Decided on: Sep-22-2008
Reported in: [2008]146CompCas461(Cal)
Pinaki Chandra Ghose, J.1. This appeal is directed against a judgment and/or order dated September 18, 2007 (Ganapati Commerce Ltd. (in liquidation) v. Recovery Officer, Debts Recovery Tribunal [2007] 140 Comp Cas 916 (Cal)), passed by the hon'ble company judge whereby his Lordship was pleased to hold that the official liquidator need not transmit the sale proceeds held by him to the Recovery Officer of the Debts Recovery Tri-bunal-II, New Delhi (hereinafter referred to as 'the Tribunal') and his Lordship further held that it would be open to such Recovery Officer to apply under Section 28(4) of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (hereinafter referred to as 'the said Act'), if it deems fit.2. The facts revealed from the case that three companies, viz., Ganapati Exports Ltd., Ganapati Combines Ltd., and Ganapati Commerce Ltd. (in liquidation) were wound up by virtue of an order passed by the hon'ble High Court.The only question arose in this matter i...
Personnel Manager, North Eastern Coalfields Vs. Mukul Kumar Chaudhuri ...
Court: Kolkata
Decided on: Sep-22-2008
Reported in: (2009)IILLJ436Cal
Sanjib Banerjee, J.1. The employee and the employer are both in appeal from the final order made on the writ petition by which the order of dismissal of the employee has been set aside but he has not been allowed back wages despite reinstatement. The employer seeks to support the order of dismissal; the employee demands his salary for the period that he has been wrongfully prevented from discharging his duties.2. A post-graduate from the Indian Institute of Technology, Kharagpur, the writ petitioner joined the services of Coal India Limited in 1982 and, at the time of his alleged misconduct, was posted at the North Eastern Coalfields. The writ petitioner remained absent from duty for about six months, tendered his resignation which was not accepted and was permitted to resume his post. Following an enquiry and the two-stage proceedings, he was dismissed from service on November 29, 2000. He sought to exercise his right of appeal by lodging it in January, 2002 which stood rejected on Fe...
Haldiram Ltd. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-19-2008
Reported in: (2009)1CALLT158(HC)
Jayanta Kumar Biswas, J.1. Haldiram Limited, a company incorporated under the provisions of the Companies Act, 1956, has taken out this writ petition dated Februry 14th, 2008 seeking the following final reliefs:(a) Writ in the nature of Mandamus do issue commanding the respondents and/or each one of them: (i) To act and proceed in accordance with law; (ii) To execute the lease deed in favour of the petitioner in terms of plot No. C-5 being premises No. 1726, Rajdanga Road, Kolkata-700107 as stated in the notice innting tender, brochure and Deed dated 22nd May 2003; (iii) To withdraw/rescind/set aside the order dated 8th January 2008 canceling the Licence Deed being Annexure 'P55' and the Refund Advice dated 1st February 2008 being annexure 'P51' hereof;(b) A writ in the nature of prohibition do issue restraining the respondent authorities and/or each one of them from taking any steps in furtherance to the order dated 8th January 2008 including taking over possession of the land from th...
Vinod Kumar Garg Vs. the Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Sep-19-2008
Reported in: 2008(4)CHN876
Sanjib Banerjee, J.1. The unsuccessful writ petitioner assails the order of dismissal of the writ petition on the ground that he was eminently eligible to have the preventive order of detention under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 set aside at the pre-execution stage on twin counts of delay on the touchstone of tests laid down by the Supreme Court.2. The appellant carried on business of manufacture of blankets under the name and style of Brij Spinners since 1996. He claims to have started exporting blankets in the year 2003 and executed export orders of value of Rs. 33 crore. He was constrained to close down his manufacturing unit in Ludhiana in March 2004 following the seizure of certain quantities of blankets in course of their export. Such seizure was made in Haldia on March 9, 2004. On March 10, 2004 the appellant's Ludhiana unit was raided and thereafter sealed or seized. The seizure was lifted on May 5, 2004. The appellant wa...
indu Bhusan Jana Vs. the Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Sep-19-2008
Reported in: (2008)IVCALLT221(HC),2009(1)CHN27
Sanjib Banerjee, J.1. The writ petitioner is in appeal complaining of being a third time unlucky in securing the pension that he claims to be his due as a freedom fighter. The appeal poses no real challenge once a fundamental legal principle is recognised, but it is another matter of some importance that the matter throws up.2. The appellant asserts that he is entitled to partake of the benefits declared for freedom fighters by the Central Government under a scheme floated in the year 1980. The appellant hails from the district of Midnapore which produced- its fair share- of freedom fighters. The appellant claims that he went underground upon being sought by the British rulers for participating in the Quit India Movement. The appellant has relied on a certificate issued by the District Magistrate, Midnapore that relevant records relating to issue of warrants, proclamations and prosecutions during the period 1930 to 1946 were not available. The appellant applied in August, 1981 stating ...
Ashok Kumar Todi Vs. Kishwar Jahan and ors.
Court: Kolkata
Decided on: Sep-19-2008
Reported in: 2008(4)CHN411
Surinder Singh Nijjar, C.J.1. We have heard learned Counsel for the parties at great length. Very elaborate submissions have been made by learned Counsel for the parties which, in our opinion, would be relevant at the final hearing of the appeal. But learned Counsel were emphatic that the same were necessary, even at this admission stage of the appeal. We, therefore, proceeded to hear learned Counsel in the morning session for a number of days, which are noted above. However, for the purposes of this order, it would not be necessary to enter into any elaborate discussion on the merits of the submissions made. We may, however, indicate briefly the reasons for the order.2. Priyanka Todi (hereinafter referred to as Priyanka) is the daughter of Ashok Kumar Todi, respondent No. 12 in the writ petition/appellant in MAT No. 703 of 2008. She got married under the Special Marriage Act, 1954 to Rizwanur Rahaman, son of late Eezaur Rahman. Priyanka and her family are Hindu, whereas Rizwanur and h...
Manju Devi Vs. New India Assurance Co. Ltd. and anr.
Court: Kolkata
Decided on: Sep-19-2008
Reported in: 2009ACJ2851
Bhaskar Bhattacharya and Rudrendra Nath Banerjee, JJ.1. After hearing the learned Counsel for the parties and after going through the explanation given herein, we are convinced that the appellant was prevented by sufficient cause from preferring an appeal within the period of limitation.2. We, therefore, condone the delay in preferring the appeal. Let the appeal be registered, if otherwise in form.3. The application being C.A.N. No. 6361 of 2008 is allowed.4. Since this appeal raises a pure question of law, we propose to hear out the appeal itself by treating it as on day's list.5. This appeal is at the instance of the claimant under Workmen's Compensation Act and is directed against an award dated 31.3.2008 passed by the learned Commissioner, Workmen's Compensation (Third Court), West Bengal in Claim Case No. 197 of 2002 thereby awarding a sum of Rs. 3,84,280. The Commissioner awarded interest at the rate of 12 per cent per annum only in case of default of payment of such amount withi...
Danieli Engineering India Ltd. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-18-2008
Reported in: (2009)IILLJ132Cal
Debasish Kar Gupta, J.1. This writ application is filed by the petitioner company for setting aside the order dated December 9, 2005 passed by the Learned 4th Industrial Tribunal, West Bengal in case No.VIII-51/04.2. The respondent No. 3 was a permanent employee of the petitioner company. By a communication dated December 4, 2002 the petitioner was transferred from the head office with effect from December 5, 2002. The respondent No. 3 approached the union alleging that the above order of transfer had been passed arbitrarily. The respondent No. 3 was placed under suspension with effect from January 3, 2003. Thereafter, the matter went for conciliation before the Assistant Labour Commissioner, Government of West Bengal. Ultimately a proceeding was initiated before the Learned 4th Industrial Tribunal, West Bengal in terms of the order of reference dated May 26, 2004.3. The respondent No. 3 filed an application under Clause (b) of Sub-section (2) of Section 15 of the Industrial Dispute Ac...
Suborno Bose Vs. Appellate Tribunal for Foreign Exchange and ors.
Court: Kolkata
Decided on: Sep-17-2008
Reported in: [2009]150CompCas113(Cal),[2008]88SCL23(Cal)
Pinaki Chandra Ghose, J.1. This appeal is against an Order and/or judgment dated 6th July, 2007 passed by the Learned Appellate Tribunal.2. The facts of this case briefly are as follows:An order was passed by the Special Director (Appeals) Foreign Exchange Management Act forming a common adjudication order dated 30th December, 2004 where the adjudicating authority imposed penalty of Rs. 10 lacs against the appellant company and Rs. 10 lacs against the appellant Managing Director for contravention of Section 10(6) of Foreign Exchange Management Act, 1999 (hereinafter referred to as 'the said Act') on the ground that the appellants after taking remittances of foreign exchange of US Dollars 35766 and FRF 374000 on 18th April, 2000 and 19th June, 2000 respectively for import of refrigeration machinery so as to use the same in Hotel Industry in fact failed to do so and also failed to file the proofs thereof.3. It further appears that the appellant company filed an appeal before the Learned ...
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