Kolkata Court April 1983 Judgments
Rallis India Ltd. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-28-1983
Reported in: (1983)IILLJ293Cal
Amitabha Dutta, J.1. In this Writ petition the Petitioner Rallis India Limited (hereinafter called the Company) has invoked the jurisdiction of this Court under Article 226 of the Constitution to quash the decision dated 24.4.81 of the 4th Industrial Tribunal, West Bengal that the respondent No. 3 Sri M.M. Kundu was a workman of the Company and the subsequent order Nos. 31 and 32 dated 10.8.81 by which the Tribunal rejected the company's prayer for adjournment and heard the case ex pane to make the Award.2. The respondent No. 3 Sri Kundu was appointed as a clerk under the Company in April, 1943. He became a Commerce Graduate in 1948. He was promoted to supervisory cadre on 1.12.1955 (Exts. 2 and 3) He signed the service agreement dated 15.11.1967 (Ext. 1). Sri Kundu worked in the Accounts Department of the Company's Howrah factory for about two years from 1974. He signed vouchers (ext.5) in the absence of the Factory Manager and pay sheets (ext.6). He was not a party to the settlement ...
Tag this Judgment!Tridandeeswami Bhakti Kusum Sraman Maharaj and ors. Vs. Mayapore Sree ...
Court: Kolkata
Decided on: Apr-22-1983
Reported in: AIR1983Cal420,87CWN1081
M. M. Dutt, J. 1. This appeal has been preferred by the defendants Nos. 1 to 6 against the judgment and order dt. December 11, 1979 of the learned trial Judge refusing to revoke the leave under Clause 12 of the Letters Patent and also under Section 92 of the Civil P. C.2. Mayapur Sree Chaitanya Math, a society registered under the West Bengal Societies Registration Act, 1961 and 10 members of its Governing Body are the plaintiffs. Defendant Nos. 7 to 11 are also the members of the Governing Body of the Society. The case of the plaintiffs is that on March 27, 1918 Sree Chaitanya Math was founded by one Bimala Prosad Dutta, also known as Shrila Bhakti Siddhanta Saraswati. By his will dated May 18, 1923 he dedicated all his properties, moveable and immoveable, to the deities Sree Sree Guru Gouranga Gandharbika and Giridhari Jew installed at Sree Chaitanya Math at Mayapur. He died on January 1, 1937.3. After the demise of the said Bimala Prosad Dutta, a dispute arose among the shebaits, na...
Tag this Judgment!In Re: M.L. Shaw and anr.
Court: Kolkata
Decided on: Apr-19-1983
Reported in: AIR1984Cal22,[1986]59CompCas312(Cal),87CWN682,(1983)IILLJ305Cal
ORDERB.C. Ray, J.1. This application is only at the instance of two petitioners of whom the petitioner No. 1 is the authorised representative of M/s. Metal Smelting Company and the petitioner No. 2 is the authorised representative of M/s. Hindusthan Lead Alloys, who have challenged in this writ application the second set of nomination papers that has been filed or attempted to be filed on behalf of the outgoing Managing Committee and also for a declaration that the nomination papers that have been filed namely for the post of four office-bearers and twenty ordinary members should be declared as ipso facto elected to the Executive Committee of the Bengal National Chamber of Commerce. There was a further prayer for issuance of an order or writ or direction in the nature of mandamus directing the respondent to hold the annual General Meeting of the Bengal Chamber of Commerce declaring the four office-bearers and twenty ordinary members, as mentioned in this petition, as duly elected to th...
Tag this Judgment!Binapani Debi Vs. Ajit Banerjee
Court: Kolkata
Decided on: Apr-19-1983
Reported in: 1983CriLJ1440
B.C. Chakraborti, J.1. On the complaint of the appellant a case being Case No. 13 of 1966 in the Court of the Judicial Magistrate, First Class, Purulia, was started against the accused respondent Ajit Banerjee alias Ajit Kumar Banerjee and several others under Sections 494/109 of the I.P.C. After the prosecution witnesses were examined in Chief, the learned Magistrate framed charge under Section 494 I.P.C. against the accused respondent and discharged the other accused persons.2. The case of the complainant appellant, in brief, is as follows:-The complainant and the accused opposite party respondent were married in Baisakh, 1361 B. S. Thereafter she lived with the accused respondent at her father-in-law's place for about 21/2 years and a daughter was born to her. Subsequently, she was driven out of her father-in-law's house on the failure of the mother of the complainant to give some more landed properties by way of dowry. It is also her case that the accused used to visit the complain...
Tag this Judgment!Tarak Shaw Vs. Minto Shaw
Court: Kolkata
Decided on: Apr-18-1983
Reported in: 1984CriLJ206
ORDERPadma Khastgir, J.1. This is an application by the insolvent Tarak Chandra Shaw for an order for protection. The petitioner on his own petition was adjudicated an insolvent by an order of the Court dt. 30th August, 1982. According to the petitioner his only creditor is one Smt. Mintu Shaw, who has obtained a payment order against the petitioner from the Court of the 3rd Judicial Magistrate, Barrackpore, 24-Parganas whereunder the petitioner had been directed by the learned Court to pay maintenance of Rs. 75/- per month to his creditor. For non-compliance of the said order an warrant of arrest had already been issued against the petitioner for nonpayment of the maintenance. The petitioner had filed already a case against the said Mintu Shaw at Sealdah Court disputing the marriage with the said Smt. Mintu Shaw. Inasmuch as the petitioner is apprehensive of arrest in view of the warrant issued by the Court of the 3rd Judicial Magistrate, Barrackpore, the petitioner has taken out this...
Tag this Judgment!Satyanarayan Shah and ors. Vs. Star Company Ltd. and anr.
Court: Kolkata
Decided on: Apr-13-1983
Reported in: AIR1984Cal399
F.K. Baneriee, J.1. This appeal by the defendants arises out of a suit for recovery of arrears of rent and mesne profit. About 21 cottahas 6 chattachs of land in premises No. 8, Circular Garden Reach Road with structures thereon as described in Part I and about 15 cottahs 14 chataks and 8 sq. ft. land in premises No. 5, Circular Garden Reach Road with structures thereon as described in part 2 of the schedule of the plaint formed thesubject matter of the suit.2. The plaintiff's case was that he was the owner of the suit premises Nos. 5 and 8 Circular Garden Reach Road by means of purchase from the trustees of the Calcutta Improvement Trust on 15-1-47 in which defendants' predecessor-in-interest Dindayal Shah was a confirming party. The defendants by a lease dated 15-1-47 took the lease of the property in question for 20 years commencing from 15-1-47 at a monthly rental of Rs. 1620/-. It was alleged that the rent should be paid within first week of the month for which rent is due. It is ...
Tag this Judgment!Sadek Sk. and anr. Vs. the State and ors.
Court: Kolkata
Decided on: Apr-13-1983
Reported in: 1984CriLJ29
B.C. Chakrabarti, J.1. This revisional application is directed against an appellate order passed by the learned Additional Sessions Judge. Murshidabad in Criminal Appeal No. 29 of 1981 confirming the order of conviction and sentence dated 5-5-1981 passed in Sessions Trial No. 2 of Feb. 1981 under Section 307/34 .I. P. C.2. Four persons including the present petitioners stood trial on a charge under Section 307/34, I. P. C. The petitioners were convicted while the other two were found not guilty of the charge. The prosecution case in brief was as follows:On 11-11-1979 at about 3-00 P- m. Dobiruddin Mondal along with his sons Nasiruddin and Amiruddin were coming towards their house with a cart load of jute sticks from the canal side. When they reached near the house of P. W. Anisur Rahaman the petitioners along with two others intercepted and petitioner No. 1 Sadeque challenged Amiruddin why he had abused petitioner No. 2. Amiruddin denied the charge and thereafter Amiruddin and Dobirudd...
Tag this Judgment!Jitendra Nath Banerjee and ors. Vs. West Bengal Board of Examination f ...
Court: Kolkata
Decided on: Apr-12-1983
Reported in: AIR1983Cal275
ORDERB.C. Ray, J.1. The petitioner No. 1 who is the guardian and father of the petitioner No. 2, Sri Jayanta Banerjee and the petitioner No. 2 who appeared in the Joint Entrance Examination held in1982 by the West Bengal Board of Examination for admission to Medical, Engineering and Technological Degree Colleges, moved this writ application assailing the legality and validity of the Constitution of the said Board of Examination as well as the illegal and arbitrary procedure adopted by the Board of Examiners in the matter of assessment of the examination papers submitted by the candidates appearing in the said examination and also in the matter of conducting and publishing the results of the Joint Entrance Examination held in 1982.2. The salient facts as appeared in the writ petition in brief are as follows : the petitioner No. 2 applied with registration fee to appear in the Joint. Entrance Examination to be held in 1982 and his registration number in the said examination is M/GAS-114....
Tag this Judgment!Sri Rani Satiji Mandir and ors. Vs. Shyam Sundar Jhunjhunwala and ors.
Court: Kolkata
Decided on: Apr-11-1983
Reported in: AIR1984Cal20,87CWN656
Ashamukul Pal, J.1. On the20th of Jan., 1983, on an application filed by Durgaprosad Jhunjhunwalla and Ors., under Section 5 of the Limitation Act for condonation of delay in preferring an appeal against the order for temporary injunction passed by the learned Judge of the City Civil Court in T. S. No. 2301/1982 (Shyam Sundar Jhunjhunwalla and Ors. v. Durgaprosad Jhunjhunwalla and Ors.) and on another application filed on the same day for delay of operation of the aforesaid order of temporary injunction, being Order No. 4 dated 7-12-82, a Rule was issued and an interim order was passed by this Court staying operation of the order dated 7-12-82 passed by the learnedJudge, 11th Bench of the City Civil Court and all proceedings relating thereto. The order was as follows:--'There will be an interim order staying operation of the order dated December 7, 1982 passed by the Judge, 11th Bench, City Civil Court at Calcutta in T. S. No. 2301/82 and all proceeding relating thereto till the 14th o...
Tag this Judgment!Tobu Enterprises Pvt. Ltd. Vs. Camco Industries Ltd.
Court: Kolkata
Decided on: Apr-08-1983
Reported in: AIR1984Cal24
M.M. Dutt, J.1. The appellant Tobu Enterprises Private Limited has preferred this appeal against the judgment and order dated Jan. 25, 1983 of a learned single Judge of this Court granting leave to the respondent, Cameo Industries Limited, under Clause 12 of the Letters Patent to file an application under Section 20 of the Arbitration Act, 1940; the said application has since been registered as a suit being Special Suit No. 3A of 1983.2. By an agreement in writing dated Nov. 1, 1980 entered into in Calcutta within the ordinary original jurisdiction of this Court between the appellant and the respondent, it was agreed that the appellant would appoint the respondent its distributor of Children Vehicles produced by it. In the said agreement, the appellant was the first party and the respondent was the second party. The agreement, inter alia, provides as follows :'(1). The agreement can be terminated by a notice of three months in writ-Ing from either side. (2). The First Party will give t...
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