Kolkata Court August 1983 Judgments

Subir Chowdhury Vs. Union of India (Uoi) and ors.

Court: Kolkata

Reported in: AIR1984Cal7

ORDERBorooah, J. 1. This writ petition tiled by Shri Subir Chowdhury, a practising Advocate of the Judges Court at Aliporeraises a question of some Constitutional Importance affecting the selection and appointment of Judges in the High Court. The petitioner's grievance is that the Advocates practising in the DistrictCourts of West Bengal and who possess the requisite qualification as stipulated in Sub-clause (2) of Article 217 of the Constitution to be appointed as High Court Judges, are never considered for such appointment, and as such the fundamental rights guaranteed to such Advocates under Articles 14 and 19 of the Constitution have been violated.2. At the very inception the question of maintainability of this Writ Petition has to be gone into as this question has been mooted by Mr. D. P. Wadhwa appearing on behalf of the Union of India and by the learned Advocate-General appearing on behalf of the State of West Bengal.3. At the time of praying for a Rule Nisi as well as in the co...

Gour Chandra Pandit Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: 1984CriLJ203

B.C. Chakrabarti, J.1. This re-visional application is directed against an appellate order confirming the conviction of the petitioner under Section 325, I. P. C. and the sentence of simple imprisonment of one month and fine of Rs. 300/-; in default to further simple imprisonment for two months.2. The case was started on a petition of complaint filed by the opposite party-No. 2 being case No. 556 of 1977 in the court of the Judicial Magistrate, First Class, Hooghly. This petition of complaint was filed on 14-7-1977. The complaint was preceded by an information at the police station which was recorded in the general diary being entry No. 632 dated 27-6-1977. In this G. D. at the instance of Narayan Chandra Pandit, the complainant, it is alleged that on the previous evening at about 8/8.30 p.m. the informant's nephew Gopal Kundu, Nepal Kundu, Tarak Kundu, Gour Pandit, Hari-das Pandit, Kesto Pandit and Ranjan Pandit trespassed into the house of the informant and assaulted the informant an...

Lakshmi Tractors Co. Vs. Official Liquidator

Court: Kolkata

Reported in: [1986]59CompCas362(Cal)

Dipak Kumar sen, J. 1. United Provinces Commercial Corporation P. Ltd. Was directed to be wound up by an order passed by this court in Company Petition No. 270 of 1967. In the course of liquidation of the said company, the official liquidator made an application under Section 446(2) of the Companies Act, 1956, for realisation of occupation charges from Lakshmi Tractor Company, Hind Batteries Service Co., Khesh Kumar, Sheel Spin Enterprises and Rita Ice Cream and Refrigerating Company who claimed to be in possession and occupation of premises No. 10, Ashoke Marg, Lucknow.2. By a judgment and order dated September 6, 1969, passed in the said application, the said five occupiers were directed to pay compensation to the official liquidator for use and occupation of the said premises, amounts of which payable per month were fixed till vacant possession was delivered. The said occupiers were further directed to deliver up vacant possession of the portions of the said premises in their respec...

Abdul Bari and ors. Vs. State of West Bengal and ors.

Court: Kolkata

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. 61 of 1980 affirming the order of conviction and sentence passed by the learned Assistant Sessions Judge, Murshidabad in Sessions Trial No. 2 of 1980.2. Nine persons faced trial before the learned Assistant Sessions Judge on 3 counts of charges under Sections 148, 307/149 and in the alternative 307/34, I. P. C. All the accused persons were acquitted of the charge under Section 148, I. P. C. and Sections 307/149, I. P. C. Five of the accused barring the present 4 petitioners were acquitted of the other charge as well. The petitioners were found guilty under Sections 307/34, I. P. C. and sentenced to suffer R. I. for 6 years each and also to pay a fine of Rs. 2,000/- each, in default to suffer R. I. for one year more. It was further directed that 50% of the fine, if realised, should go to the injured Lal Mohammad (P....

Mt. Aziza Khatun and ors. Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: AIR1984Cal326

M.M. Dutt, J. 1. This is an application for an injunction. The application was filed by the appellants in the appeal preferred against the order of a learned single Judge of this Court discharging the Rule Nisi issued on the Writ Petition of the appellants. Another application has been filed bv four persons praying for their addition as parties respondents in the appeal. Both these applications have been heard together. 2. The appellants Nos. 1 and 2 are respectively the widow and son of one Professor Abdul Ali deceased and the appellant No. 3 is the son of one Abdul Bari deceased. In the Writ Petition, the appellants challenged the appointment of one Sheikh Sahidulla and Hafizur Rahaman, the respondents Nos. 4 and 8 respectively in the appeal, as joint Mutwal Act by the Commissioner of Wakfs. West Bengal in respect of the wakf estate enrolled as EC 690 in the office of the Commissioner of Wakfs. It appears that one Abdur Rauf the predecessor-in-interest of the appellants and the appli...

Gopal Mukherjee and ors. Vs. Upendra Nath Mukherjee and anr.

Court: Kolkata

Reported in: 1984CriLJ858

Monoj Kumar Mukherjee, J.1. Sri Upendra Nath Mukherjee alias Chakravorty filed a complaint before the sub-divisional Judicial Magistrate, Ghatal and on that complaint the learned Magistrate passed an order under Section 156(3), Cr.P.C. On completion of investigation the police submitted a report in final form wherein they prayed for discharge of the accused persons, as according to the police, the case was instituted on a mistake of Taw1. Thereafter, the complainant filed another complaint before the learned Magistrate in which he alleged that the police did not properly investigate into the case. The learned Magistrate look cognizance upon the complaint examined the complainant on solemn affirmation and called for the records of the police case. After perusing the same, and the documents filed by the complainant, the learned Magistrate issues summons against the accused-petitioners. The case was, thereafter, transferred by the learned Sub-Divisional Judicial Magistrate to another Judi...

Teharoonchand Vs. Surajmull Nagarmull

Court: Kolkata

Reported in: AIR1984Cal82,87CWN1100

S.N. Sanyal, J. 1. Petitioner Teh-roonchand's application (Misc. Case No. 17 of 1981) under Order 9, Rule 13 of the Civil P. C. (hereinafter referred to as the 'Code') for setting aside the ex parte decree in Title Suit No. 264 of 1978 was dismissed by the learned Munsif, 2nd Court, Alipore on Aug. 31, 1982, The appeal (Misc. Appeal No. 545 of 1982) pre-ferred by the petitioner was dismissed by the learned Additional District Judge, 4th Court, Alipore on Feb. 12, 1983. Being aggrieved, the petitioner has preferred the present revisional application.2. The opposite party Messrs. Surajmull Nagarmull as plaintiff filed Title Suit No. 264 of 1978 for eviction of the petitioner. The said suit was decreed ex parte on Mar. 25, 1980. On Feb. 13, 1981 petitioner filed an application under Order 9, Rule 13 read with Section 151 of the Code alleging that no summons had been served upon him. He came to know of the ex parte decree on Feb. 12, 1981. Petitioner prayed for setting aside the decree. In...

Amal Deb Vs. Biswanath Mitter and ors.

Court: Kolkata

Reported in: AIR1984Cal85

M.M. Dutt, J.1. This is an application praying for the stay of the operation of the order dt April' 19, 1983 of R. N. Pyne,, J., whereby the learned Judge confirmed the sale by the trustee to the Radha Kanta Deb Trust Estate of three parcels of land of the said Trust Estate measuring 9 cottahs, appertaining to premises No. 33/R, Raja Naba Kissen Street, Calcutta.2. Raja Sir Radha Kanta Deb Bahadur of Sova Bazar Raj family died leaving a Will and Testament dt. Aug. 3, 1863 whereby he created a Trust in respect of his properties and appointed one Ananda Krishna Bose and one Shyamlal Mitra, both since deceased, as his executors and trustees in respect of his said Will. It appears that a scheme was framed by this Court on Mar. 1, 1944, and the management and affairs of the Trust was carried on by the trustees under the said Scheme of Management. From time to time, such Scheme of Management was modified under the orders of this Court. Sunilendra Krishna Deb is the present trustee to the sai...

West Bengal Board of Examination for Admission to Engineering, Medical ...

Court: Kolkata

Reported in: AIR1984Cal52,87CWN1050

M.M. Dutt, J.1. These appeals have been preferred by the State of West Bengal and the West Bengal Board of Examination for admission to Engineering, Medical and Technological Degree Colleges, hereinafter referred to as the Board, against the judgment and order of a learned single Judge making absolute the Rule Nisi issued on the application of the writ petitioners who are some unsuccessful candidates in the Joint Entrance Examination for the year 1982 held by the Board. Initially, one of the writ applications was filed by Dr. Jitendra Lal Banerjee and his son Jayanta Banerjee. Jayanta Banerjee appeared in the Joint Entrance Examination for 1982, but was unsuccessful . Although there was no specific prayer in the writ petition under Order 1, Rule 8 of the Civil P. C.., it appears that the learned Judge granted leave under the said provision. After the leave was granted, a few unsuccessful candidates also appeared and were permitted to be added as writ petitioners. The added writ petitio...

Prasun Kumar Bhattacharjee and ors. Vs. India Machinery Co. Ltd. and o ...

Court: Kolkata

Reported in: [1986]59CompCas411(Cal),87CWN995,(1987)ILLJ168Cal

C. Mookerjee, J.1. Petitioner No. 1 was a Junior Sales-cum-Service Engineer of India Machinery Company Ltd. Petitioner No. 2 was a Sales Supervisor of the said company. The said India Machinery Co. Ltd. was incorporated under the provisions of the Indian Companies Act, 1913, and it had been carrying on business of manufacture and sale of weighing machines, looms, machine tools, etc. The Central Government by an order dated November 25, 1972, under Section 18A of the Industries (Development and Regulation) Act, 1951, had authorised the chairman and the two members nominated by it to take over the management and control of the said undertaking, namely, India Machinery Co. Ltd. for a period of five years subject to the conditions set out in the said order. The Government of India by another notification dated August 24, 1977, had authorised the Industrial Reconstruction Corporation of India Ltd. to take over the management of the said company. The effect of the said notification has been ...