Kolkata Court June 1983 Judgments
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Manoj Majumdar Vs. State of West Bengal
Court: Kolkata
Decided on: Jun-20-1983
Reported in: 1984CriLJ28
B.C. Chakrabarti, J.1. This revisional application raises a short question as to the exact time when a sessions trial commences. The question arises under the following circumstances.2. The Chief Judge, City Sessions Court is under the provisions of the City Sessions Courts Act, the Sessions Judge and the other Judges presiding over the other Benches are deemed to be Additional Sessions Judges. A case being committed to the court of the Chief Judge was assigned to Bench VII of that court for disposal by an order dated 9-7-1981/3-8-1981. The learned Judge presiding over that Bench fixed 2-9-1981 for consideration of charge against the accused persons. On the date so fixed the learned Judge after hearing the learned Advocates and considering the documents and other materials was satisfied that a prima facie case against the accused persons under Section 302/34 I.P.C. and under Section 3 of the Explosive Substances Act was made out. Charges were accordingly framed and read over to the acc...
Makhan Lal Bose Vs. Charupama Debi and ors.
Court: Kolkata
Decided on: Jun-16-1983
Reported in: AIR1984Cal44,87CWN897
Anil K. Sen, J.1. This is a revisional application at the instance of the defendant in a suit for eviction being Title Suit No. 146 of 1976 of the 6th Court of the learned Munsif at Alipore.The order impugned is one dated 8-1-80, passed by the learned Munsif disposingof the defendant's application under Section 17 (2) of the West Bengal Premises Tenancy Act.2. The plaintiffs-opposite parties instituted the suit for eviction on the ground amongst others of default. After appearance, the tenant-defendant filed an application under Section 17 (2) of the West Bengal Premises Tenancy Act, raising various disputes. One of the disputes raised was to the effect that there exists no relationship of landlord and tenant between the plaintiffs and the defendant. The other dispute raised was with regard to the quantum of arrears. According to the defendant, he had advanced a sum of Rs. 6,350.00 to the landlords on a specific agreement that the said amount would be adjusted against monthly rents due...
Jayanti Rani Panda Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Jun-16-1983
Reported in: 1984CriLJ1535
B.C. Chakrabarti, J.1. This revisional application at the instance of the de facto complainant is directed against an order of acquittal passed by the learned Assistant Sessions Judge, Midnapore in Sessions Trial No. 18 of March, 1980 acquitting the accused opposite party No. 2 of the charge under Section 376 of the Penal Code.2. The petitioner lodged a complaint to the police in August 1978 alleging that the accused opposite party No. 2, a teacher of the local village school, used to visit her residence and one day during the absence of the complainant's parents from the house told her that he was in love with the complainant and that he wanted to marry her. The complainant wanted the marriage to be performed. The accused is alleged to have promised that he would do so and that he would himself obtain the consent of her parents. Acting on such assurance she started cohabiting with the accused and this continued for several months during which period the accused often used to visit her...
Nayek Associate Alias Nayek Paper and Board Mills and anr. Vs. Additio ...
Court: Kolkata
Decided on: Jun-14-1983
Reported in: [1985]59STC295(Cal)
ORDERG.N. Ray, J. 1. This writ petition is heard as a contested application and is directed against an order dated 20th August, 1982 passed by the Additional Commissioner of Commercial Taxes, Durgapur, in Case No. 15/81-82 affirming the order dated 25th August, 1981 passed by the Assistant Commissioner of Commercial Taxes, Asansol Circle, rejecting the application for issue of eligibility certificate under the provisions of the West Bengal Sales Tax Act, 1954 and the Rules framed thereunder. The petitioner, M/s. Nayek Associate alias Nayek Paper & Board Mills is a registered partnership firm and the petitioner No. 2 is the partner of the said partnership firm. The said firm is a registered dealer under the West Bengal Sales Tax Act and the said firm was registered as a small-scale industry under the Government of West Bengal. The State Government issued a Notification No. 1809-F.T. dated 15th April, 1976 under Section 4AA of the West Bengal Sales Tax Act, 1954 and the said notification...
In Re: Bharat Sugar Mills Ltd. and anr.
Court: Kolkata
Decided on: Jun-09-1983
Reported in: AIR1984Cal102,1984(18)ELT725(Cal)
ORDERB.C. Ray, J.1. This application is at the instance of the petitioners, petitioner 1 of which is a Sugar Mill, namely, Bharal Sugar Mills Limited, a Company having its Registered Office at No. 9/1, R N. Mukherjee Road, Calcutta, assailing the validity and/or propriety of the order, annexed as Annexure 'B' to the writ application, whereby the Central Government by an order dated 27-1-1983 fixed the prices of levy sugar in respect of Sugar Mills of various States including Sugar Mills situated within the territory of the State of Bihar under the provisions of Section 3(3C). Essential Commodities Act, Act X of 1955, on the ground that the aforesaid fixation has been made without complying the four norms laid down in Clauses (a), (b), (c) and (d) of Sub-section (3C). Section 3. Essential Commodities Act and as such the price fixation that has been made is wholly arbitrary and in utter violation of the provisions of the Essential Commodities Act.2. It has been submitted by Mr. Bajoria, ...
Subir Kumar Basu Vs. New Central Group Engineering P. Ltd. and ors.
Court: Kolkata
Decided on: Jun-08-1983
Reported in: [1986]59CompCas222(Cal)
Dipak Kumar Sen, J. 1. On or about December 5, 1980, Subir Kumar Basu, the applicant herein, moved an application under sections 397 and 398 of the Companies Act, 1956, against New Central Group Engineering (P.) Ltd. (hereinafter referred to as ' the company ') and Chirantan Mukherji and Arunangshu Ghose, two directors of the company, praying, inter alia, for appointment of a special officer or an administrator and for investigation into the dealings in respect of the office, assets and affairs of the company by its directors and other reliefs.2. On February 1, 1982, an order was passed in the said application as follows:' The parties agree that the petitioner, Subir Kumar Basu, will sell his shares in the company to the individual respondents or their nominee or nominees or to the respondent company. In the event of the shares being purchased by the respondent company, there will be a corresponding reduction hi the share capital of the respondent company.Shri A. Basu, F.C.A., partner ...
Baidyanath Basak and ors. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Jun-03-1983
Reported in: 1986(9)ECC109,1988(17)LC781(Calcutta),1987(30)ELT198(Cal)
Manashnath Roy, J.1. On or about 30th March, 1972, Customs Officers appeared and searched premises No. 35, Nalini Seth Road, Calcutta. It has been alleged that the said officers searched the concerned premises after breaking open the door and that too in spite of objections by the petitioner and his men. It would appear that thereafter, the petitioner along with others, who were present at the spot were arrested and taken to Customs House, where written statements were obtained from them and after that, those persons including the petitioner were taken to the police lock up on 30th March 1972. It is an admitted fact that the persons so arrested along with the petitioner, were released on bail on 31st March, 1972, by the learned Additional Chief Presidency Magistrate, Calcutta and on 28th June 1972 a petition of complaint was filed by the Assistant Collector of Customs for Preventive (General), in the court of the learned Chief Presidency Magistrate, Calcutta under Section., 35 of the G...
Baidyanath Basak and Etc. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Jun-03-1983
Reported in: 1983CriLJ1542
ORDERManashnath Roy, J.1. On or about 30th March 1972, Customs Officers appeared and searched premises No. 35, Nalini Seth Road, Calcutta. It has been alleged that the said officers searched the concerned premises after breaking open the door and that too in spite of objections by the petitioner and his men. It would appear that thereafter, the petitioner along with others, who were present at the spot were arrested and taken to Custom house where written statements were obtained from them and after that, those persons including the petitioner were taken to the police lock up on 30th March 1973. It is an admitted fact that the persons so arrested along with the petitioner, were released on bail on 31st March 1973, by the learned Additional Chief Presidency Magistrate, Calcutta and on 28th June 1972 a petition of complaint was filed by the Assistant Collector of Customs for Preventive General, in the Court of the learned Chief presidency Magistrate Calcutta under Section 35 of the Gold ...
T.S. Satyanath Vs. J. Thomas and Co.
Court: Kolkata
Decided on: Jun-02-1983
Reported in: [1985]57CompCas648(Cal),87CWN850
Chaudhuri, J.1. This application under Section 482 of the Cr. PC by the accused-petitioner is directed against an order dated May 12, 1981, passed by the learned Chief Metropolitan Magistrate in Case No. C/1231 of 1981. By the order, he has purported to take cognizance of an offence under Section 630(1)(b) of the Companies Act, 1956, alleged against the accused-petitioner and has directed issue of process.2. The petitioner has been residing in the disputed premises at No. 1/81, Church Road, P. S. Fort Cochin. He was the managing director and subsequently adviser of M/s. J. Thomas & Co. Pvt. Ltd., No. 11, R.N. Mukherjee Road, P. S. Hare Street, Calcutta, the complainant before the learned Chief Metropolitan Magistrate. The petitioner and his wife had considerable shareholding in the complainant company. A civil suit by the complainant against the petitioner for a claim of Rs. 5,00,000 as damages is pending in the Original Side of the High Court at Calcutta. The petitioner has also made ...
In Re: Sri Subrata Chatterjee
Court: Kolkata
Decided on: Jun-01-1983
Reported in: AIR1983Cal436
ORDERB.C. Ray, J.1. The subject-matter of challenge in this writ application is the validity of the rejection of the nomination paper filed by the petitioner by the Returning Officer by the purported order dated 13th May 1983, on the ground that the nomination paper was illegally rejected in utter violation if the provisions of Section 33, Representation of the People Act, 1951. It has also been prayed for in the petition that a writ of mandamus should be issued commanding the respondents to show cause as to why the bye-election should not be allowed to be held and pending disposal of the Rule interim order to that effect should not be made.2. It has been urged by the learned counsel Mr. Dutta Majumdar that though there is a provision for filing election petition under Section 80, Representation of the People Act, 1951, still then this Court is not powerless to interfere in an appropriate case like the present one by issuance of appropriate writ and interim order. It has been further c...
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