Court : Kolkata
Decided on : Mar-27-2002
Reported in : (2003)IILLJ293Cal
Pranab Kumar Chattopadhyav, J.1. The petitioner bank filed this writ petition challenging the validity and/or legality of the award dated December 20, 1999 passed by the learned Judge of the Central Government Industrial Tribunal at Calcutta. By the said award, the learned Judge of the Tribunal held that the respondent Shri Chhabi Ghosh comes within the definition of workman under Section 2(s) of the Industrial Disputes Act, 1947 and the action of the management of the petitioner bank in terminating the service of said Shri Chhabi Ghosh was bad, illegal, inoperative and void ab initio. Accordingly, the learned Judge directed the petitioner bank to reinstate said Shri Chhabi Ghosh forthwith in service with full back wages from the date of termination along with all consequential benefits.2. Bereft of all unnecessary details, the facts of the matter are shortly narrated hereinafter.3. Shri Chhabi Ghosh, the respondent No. 3 herein was initially appointed as a clerical staff by the then M...
Tag this Judgment!Court : Kolkata
Decided on : Apr-02-2002
Reported in : (2004)2CALLT503(HC),2002(4)CHN68
A. Chakrabarti, J.1. The petitioner herein is an assistant teacher having been appointed long back in October, 1978. When a memorandum dated December 21, 2001 (annexure P-3 to the writ petition) was issued prohibiting private tuition by the assistant teachers and making an obligation for each teacher to submit declaration every three months declaring that he/she is not engaged in private tuition of students of any school or any other institution had not engaged in any kind of business or trade and not acting as any agent of any company/corporation, the same has been challenged by the petitioner contending that such action of the respondents calling upon the petitioner to file such a declaration affects the dignity of the petitioner. Therefore, compelling the petitioner to file such declaration and in default withholding grant resulting in non payment of salary to the petitioner affects the petitioner's right to life and is violative of Article 21 of the Constitution. Moreover, such pro...
Tag this Judgment!Court : Karnataka
Decided on : Apr-04-2002
Reported in : AIR2002Kant338; ILR2003KAR1724
ORDERR. Gururajan, J.1. The complaint in this case is that the doors of Temple of justice is closed to the poor agriculturists courtesy Karnataka Court-fees and Suits Valuation Act of 1958 under Section 7(2)(d).2. The facts in W.P. No. 38076/1992 are as under :Mahadev Narayan Naik is in possession of 1 acre 20 guntas in Sy. No. 22/1 for more than 50 years. The said land belongs to Hanumanth Tippayya Naik and his family. Adverse possession is claimed. The 2nd respondent Hanumanth Tippayya Naik obstructed the enjoyment of the suit lands and hence the petitioner was compelled to file a suit for in O.S. No. 47/90. The petitioner has paid the Court-fee in terms of Section 7(2)(a). The respondent-defendant entered appearance and contested the matter. They raised an issue with regard to Court-fee in terms of Section 7(2)(d) and not in terms of Section 7(2)(a). The Trial Judge accepted the contention of the defendant. An unsuccessful petition was filed in this Court by the petitioner. In the l...
Tag this Judgment!Court : Rajasthan
Decided on : Apr-05-2002
Reported in : 2002(3)WLC471
Sharma, J.1. Instant appeals stem from the judgment dated August 22, 1996 of the learned Sessions Judge Sawai Madhopur in Sessions Case No. 36/1996 whereby the appellants Prem Shanker and Yogesh were convicted and sentenced as under-Prem ShankerU/s. 302/34 1PCto suffer imprisonment for life and fine of Rs. 500/-in defaultto further undergo three months S.I.YogeshU/s. 302/34 IPCto suffer imprisonment for life and fine of Rs. 500/-in defaultto further undergo three months S.I.U/s. 324 IPCone year R.I. and fine of Rs. 100 in default to further sufferone month S.I.Acquittal of other four accused Shatrughan. Sita Ram, Prahladand Arun Kumar has however been assailed by the State of Rajasthan.2. Incident giving rise to these appeals as per Parcha Bayan of injured Anil Sharma occurred on June 6, 1994 at 9.45 a.m. when on his shop Arpan Garments Anil was sitting alongwith his father Govind Prasad (deceased), brother Bhawani Shankar (injured) and uncle Nathu Lal (deceased), suddenly Yogesh, Prem...
Tag this Judgment!Court : Orissa
Decided on : Apr-06-2002
Reported in : 93(2002)CLT594
A.S. Naidu, J. 1. The order of conviction under Section 302, Indian Penal Code (for short 'I.P.C.') and the sentence to undergo rigorous imprisonment for life, passed by the learned Second Additional Sessions Judge, Cuttack in S.T. Case No. 4 of 1995, is impugned in this appeal by the sole appellant. 2. On the basis of an F.I.R. lodged before the Officer-in-charge, Tirtol Police Station on May 21, 1994, P.S. Case No. 141(33)/94 was registered initially under Sections 342/307/34 I.P.C. against the appellant and three others, namely, Babaji Das, Maheswar Das and Sara Bewa, for causing grievous hurt to one Babaji Bhoi. Since the victim later on succumbed to the injuries, the case was converted to one under Sections 342/302 read with 34 I.P.C. and charge-sheet was submitted. 3. Bereft of unnecessary details, the short facts as narrated in the F.I.R. which are relevant for appreciation of the case, are as follows: The F.I.R. was lodged by Laxmidhar Bhoi (P.W. 3) inter alia, alleging that on...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Vizag
Decided on : Apr-11-2002
Reported in : (2003)80TTJVisakha658
1. This batch of appeals preferred by the assessee, is directed against different orders of the CIT(A) for the asst. yrs. 1981-82 to 1986-87.2. The facts of the case in brief are that the assessee is an evangelist and has been carrying on the vocation of preaching Christianity on behalf of the Church of Christ abroad i.e., United States of America and Canada, and has been receiving money from them with an intention for propagation of Christianity in India. The nature of service rendered by the assessee is to execute the instruction of foreign churches in spending the money received from abroad on various activities in India and rendering monthly statements of accounts to the foreign employer. For such service, the assessee has been paid separate remuneration. The assessee was accordingly filing his returns of income in his individual status since the asst. yr. 1972-73 onwards offering his remuneration under the head "Income from salary" and being assessed accordingly for all the years...
Tag this Judgment!Court : Patna
Decided on : Apr-11-2002
S.K. Katriar, J.1. Heard Mr. Ajay Tripathi for the petitioner and Mr. A.P. Jittu, learned SC II.2. This is the petitioner's third attempt. The Government of Bihar had published notice dated 25.3.1999 inviting tenders for supply of' ready-to-eat nutritious food' for the integrated child development scheme in the State of Bihar. The petitioner as well as another firm (M/s. Modern Food Industries Ltd.) submitted their tenders. The price quoted by the latter was Rs. 17 per k.g. with an escalation clause, whereas the petitioner quoted a firm price of Rs. 21.97 per k.g. The sample of other firm failed to pass the quality test because the protein content was not up to the ICDS norms. The petitioner's product was tested and found up to the required level of quality. No final decision was taken in the matter leading to CWJC No. 4 of 2000 in this Court which was disposed of by order dated 28.4.2000 (Annexure-5), with the direction to the Minister, Department of Welfare, Government of Bihar, to ...
Tag this Judgment!Court : Gujarat
Decided on : Apr-11-2002
Reported in : [2002]256ITR193(Guj)
R.K. Abichandani, J. 1. This reference arises from the order of the Income-tax Appellate Tribunal, Ahmedabad 'A' Bench, passed in a group of 20 appeals related to the assessment years 1964-65 to 1969-70, 1972-73 and 1973-74, in which the controversy before us revolved around the issue as to whether the income from the lands in question was the income of the Hazarat Pir Shah-E-Alam Roza Estate Trust (hereinafter referred to as 'the Roza Trust') assessable in the hands of the said trust and exempt under Section 11 of the Income-tax Act, 1961 (hereinafter referred to as 'the said Act'), or whether it was assessable in the hands of the Sajjadanashin of the Trust Saiyed Musamiya as income from his private property.2. The Tribunal has concluded that the lands in question were wakf properties belonging to the Roza Trust, and that the exemption under Section 11 of the said Act was available to the assessee-Roza Trust, provided the conditions mentioned therein are fulfilled. It was held that th...
Tag this Judgment!Court : Gujarat
Decided on : Apr-11-2002
Reported in : (2002)175CTR(Guj)66
R.K. Abichandani, J.This reference arises from the order of the Tribunal, Ahmedabad 'A', passed in a group of 20 appeals related to the assessment years 1964-65 to 1969-70, 1972-73 and 1973-74, in which the controversy before us revolved around the issue as to whether the income from the lands in question was the income of the Hazarat Pir Shah-E-Alam Roza Estate Trust (hereinafter referred to as 'the Rosa Trust), assessable in the hands of the said trust and exempt under section 11 of the Income Tax Act. 1961 (hereinafter referred to as 'the Act) or whether it was assessable, in the hands of the Sajjadanashin of the trust Saiyed Musamiya as income from his private property. 2. The Tribunal has concluded that the lands in question were wakf properties belonging to the Roza Trust, and that the exemption under section 11 of the Act was available to the assessee-Roza Trust, provided that conditions mentioned therein are fulfilled. It was held that the actual expenditure on the Sajjadanashi...
Tag this Judgment!Court : Patna
Decided on : Apr-12-2002
M.L. Visa, J.1. The sole appellant of this appeal is aggrieved by the judgment and order dated 20.7.1987 passed by 4th Additional Sessions Judge. Bhagalpur in Sessions Case No. 241 of 1981/4 of 1986 convicting him under Sections 302/109 of Indian Penai Code (in short 'IPC') and 302/34, IPC and sentencing him to undergo rigorous imprisonment for life for the offence under Sections 302/109, IPC. No separate sentence has been passed against the appellant for the offence under Sections 302/34, IPC.2. The case of the prosecution, as stated in FIR in short is that on 14.9.1978 at about 8 p.m., the informant Jamaluddin (PW 11) alongwith Riazat AN Haider, the deceased, boarded a local train at Bhagalpur Railway station for coming to Pirpainty. They both entered a second class compartment in which they sat on their seats in from of each other. When, the train reached Kahalgaon Railway station, about 20.25 passengers entered the compartment. When the train was to reach Shivnarayanpur Railway St...
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