Kolkata Court September 1987 Judgments
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Sm. Shyamali Sarkar Vs. Ashim Kumar Sarkar
Court: Kolkata
Decided on: Sep-18-1987
Reported in: AIR1988Cal124,92CWN659
A.M. Bhattacharjee, J. 1. Apetition by the applicant-wife for restitutionof conjugal rights under Section 9 of the Hindu Marriage Act. dismissed by the trial court. has been decreed by this Court on appeal. The wife has now filed this application in this Court under Section 25 of the Hindu Marriage Act for permanent alimony. In opposing this application, Mr. Bachawat, the learned Counsel for the husband/opposite party, has urged that this Court cannot entertain this application which is to be filed in the 'District Court' in accordance with the provisions of Section 19 of the Hindu Marriage Act. Mr. Bachawat has submitted that the present application ought to have been filed in the City Civil Court which is the 'District Court' within the meaning of the Act, where the original petition for restitution of conjugal rights was presented in accordance with Section 19 of the Act. For better appreciation and facility of discussion, the relevant portions of Section 19 and Section 25 of the Ac...
Charubala Saha and ors. Vs. Eastern Railway Administration and anr.
Court: Kolkata
Decided on: Sep-18-1987
Reported in: II(1988)ACC598,AIR1988Cal327
Chatterjee, J.1. This Misc. appeal is directed against the judgment and order dt. 27-2-76 passed by Sri Sital Prasad Chatterjee, the Ad hoc Claims, Commissioner, Sealdah in Mis. Judicial Claim Case No. 68 of 1975 whereby the Claim Case preferred by Smt. Sujata Sana, the wife of the victim Janardan Saha for compensation of Rs. 50.000/- had been allowed as against the main respondent the Eastern Railway Administration. The facts of the case in so far those are relevant for our purpose may briefly be summed up as follows :2. On 29-1-75 the victim Janardan Saha, a Reserve Bank Employee was coming back to his residence at Birhati by a passenger train and in course of his journey, the train met with an accident at Ultadanga road causing the death of Janardan. His wife Sujata Saha one of the respondents filed an application claiming compensation of Rs. 50,000/- Under Section 82-C of the Railways Act, 1890. This application was filed in April 1975. On 28-8-75. Sujata's father-in-law Personath ...
Somnath Banerjee and ors. Vs. Vivek Salvi and ors.
Court: Kolkata
Decided on: Sep-18-1987
Reported in: AIR1988Cal366,92CWN558
A.M. Bhattacharjee, J.1. Theseare two applications praying that the twoconcerned First Miscellaneous Appeals filedbeyond the period of limitation be admittedeither by excluding, under Section 14 of theLimitation Act, the period taken inprosecuting similar appeals in the court ofthe District Judge or by extending the periodof limitation for sufficient cause under Section 5 ofthe Act. 2. Section 14 of the Limitation Act no doubt provides for exclusion of the period taken in prosecuting with diligence and good faith another civil proceeding against the settleparties in respect of the same matter in another Court which is unable to entertain the same for want of jurisdiction or other causes of a like nature. In terms, however, Section 14 ex facie applies in computing the period of limitation for suits and applications only and not to appeals. But the Privy Council decision in Brij Indar Singh v. Kanshi Ram, AIR 1917 PC 156 appears to be a sufficient authority for the view that even in the ...
Sailendra Nath Hati Vs. Aswini Mukherji
Court: Kolkata
Decided on: Sep-18-1987
Reported in: 1988CriLJ343
A.C. Sengupta, J.1. This revisional application is directed against the order dt. 6-8-86 passed by the learned Addl. Sessions Judge, 1st Court, Burdwan in Criminal Appeal No. 16 of 1986 of that Court which the present appellant preferred against the order of the learned Chief Judicial Magistrate convicting and sentencing him to suffer R.I, for six months on each of the charges under Sections 323 and 354, I.P.C, the sentences having been ordered to run concurrently. As the learned Addl. Sessions Judge dismissed the appeal, the said appellant has preferred the present revisional application.2. The findings of facts of both the courts below are that in the afternoon of 24-3-83 Smt. Nandarani Mukherji while returning home with her disabled daughter in her lap the accused-appellant, the present petitioner abused her in filthy language and slapped her twice on her cheek as a result of which Smt. Mukherji fell down and that thereafter the present petitioner kicked her on the waist. These find...
U.P. State Electricity Board Vs. Upper Jumna Valley Electricity Supply ...
Court: Kolkata
Decided on: Sep-17-1987
Reported in: AIR1988Cal336
Dipak Kumar Sen, J.1. The material facts and proceedings leading up this appeal are, inter alia, that the Government of United Provinces of Agra and Oudh, the predecessor of the present Government of Uttar Pradesh granted a licence under the Indian Electricity Act, 1910, dt the 28th June 1929, for generation and distribution of electricity in the districts of Saharanpur, Muzaffarnagar and Meerat in the then province of Uttar Pradesh in favour of one Martin & Co. The said Martin & Co. assigned the said licence in favour of Upper Jumna Valley Electricity Co. Ltd. the respondent No. 1 herein, whereupon the latter became a licensee within the meaning of the said Act of 1910.2. Under Clause 12(1) of the said Licence an option was conferred on the State Government to purchase the electricity undertakings of the licensee after the expiry of 35 years from the commencement of the licence and also on the expiration of every subsequent period of 20 years during the subsistence of the licence on o...
Laxmhi Narayan Ram Niwas Vs. Collector of Customs and ors.
Court: Kolkata
Decided on: Sep-17-1987
Reported in: 1987(32)ELT12(Cal)
Sudhir Ranjan Roy, J.1. The petitioner is a Company carrying on business, inter alia, of importing and dealing in waste and scrap of various non-ferrous metals including brass waste and scrap.2. By a notification bearing No. 156/77-Cus., dated July 16, 1977 the Central Government exempted copper waste and scrap when imported into India from so much of the duty of Customs leviable thereon as is in excess of 80 per cent ad valorem.3. By another notification being No. 97/77-Cus., dated June 25, 1977 as amended by Notification No. 20/78-Cus., dated January 28, 1978 the Central Government exempted articles, other than copper waste and scrap and unwrought copper (refined or not), when imported into India, from so much of the duty of customs leviable thereon as is in excess of W per cent ad valorem.4. Since in respect of some consignments of brass waste and scrap imported by the petitioner the Customs authorities have made purported assessments on the Bills of Entry by wrongfully and illegall...
Lohia Jute Press P. Ltd. and ors. Vs. the New India Assurance Co. Ltd. ...
Court: Kolkata
Decided on: Sep-16-1987
Reported in: AIR1988Cal174
C. Mookerjee, C.J. 1. By the judgment and order appealed against, his Lordship Hon'ble Mr. Justice T. K. Basu (as he then was) had allowed the application under Sections 30 and 33 of the Arbitration Act of the New India Assurance Company Ltd. the respondent 1 herein and had set aside the award dated 22nd March, 1978 of Keshab Chandra Basu (since deceased) in favour of M/s. Lohia Jute Press Pvt. Ltd. the appellant, for a sum of Rs. 29,66,832.67 p. with interest. Being aggrieved by the said judgment and order, the Lohia Press and others having preferred this appeal.2. On 3rd January, 1976 New India Assurance Co. Ltd. the respondent herein issued a fire insurance policy covering risk against damage by fire the raw materials jute goods, plastic materials, etc. lying at the appellant Company's factory-cum-godown at 28, Barrackpore Trunk Road. Calcutta. Originally the said properties of the appellant company were insured for a sum ofRs. 20,00,000/- and the period of insurance was from 6th Oc...
In Re: Om Prokash Pariwal and anr. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Sep-16-1987
Reported in: AIR1988Cal143,(1988)1CALLT248(HC),92CWN630
ORDERSusanta Chatterji, J. 1. This writ petition has been filed for issuance of a Writ of Mandamus commanding the respondentsnottogiveany effect or further effect to the impugned order of termination dt. 23-6-1986 being annexure 'D' to the present writ petition received by the petitioners on 26-6-1986 purporting to terminate the storing agency of the petitioners. It is stated that the petitioner 1 isa partnership firm and engaged in carrying on business as storing agent of Food Corporation of India. 11 is further stated that the Food Corporation of India (hereinafter referred to as the FCI) appointed the petitioner No. 1 as a storing agent at Mogra, District-Hooghly on Oct. 28, 1968 and an agreement was duly executed by and between them on 28-8-1968. After the appointment as storing agent by the F.C.I, at Mogra, the petitioners appointed employees, labourers and took effective steps to discharge duties and functions as storing agents to the satisfaction of the authorities concerned. It...
Sm. Bijoyabala Sadhu Vs. Sanat Kumar Sadhu and ors.
Court: Kolkata
Decided on: Sep-16-1987
Reported in: (1988)2CALLT9(HC)
L.M. Ghosh, J.1. Bibhuti Bhusan Sadhu, a resident of the village Makdumnagar, died on 21.6.69, corresponding to the 6th Ashar 1376 B.S. The petitioner-propounder is the wife of late Bibhuti Bhusan Sadhu. The O.P. No. 1 is the son of late Bibhuti Bhusan and the OPs. Nos. 2 and 3. are the two daughters of the same person. The propounder / petitioner filed a case for obtaining Probate on the ground that Bibhuti Babu, before his death, executed a Will on 11.6.69, corresponding to the 28th Jaistha 1376 B.S., whereby the petitioner was appointed an executrix of the Will. It was contended that the said Will was executed by Bibhuti Bhusan while he had testamentary capacity. On these grounds, the petitioner made application for Probate. Of the opposite parties, only the O.P./Defendant No. 3, a daughter of Bibhuti Babu, contested. Her case was that Bibhuti Babu was ailing for long and that ailment had impaired'his mental faculties. It was also mentioned that Bibhuti Babu never knew about the Wil...
Ganesh Steel Rolling Mills and anr. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Sep-16-1987
Reported in: 1988(34)ELT509(Cal)
Bhagabati Prasad Banerjee, J.1. This writ application was filed by the petitioner inter alia praying for a Writ of Mandamus commanding the respondent No. 2 for issuign a 'No Objection Certificate' in the form prescribed in Appendix IV-B of the Hand Book of Import & Export Procedure for the year 1985-88 forthwith entitling the petitioner No. 1 for an import licence of 7700 M.T. of raw-materials, re-rollable scrap as was permissible to be imported as on 14th July, 1986 in the name of the petitioner No. 1 for direct import and for certain other reliefs.2. The fact of the case in short is that the commodity in question, namely, re-rollable scrap was a canalising item, which means, that those commodities can only be imported into India through the canalising agents only. In this case the canalising agent is, Metal Scrap Trade Corporation Ltd. The raw material was for manufacturing the resultant products, 'Carbon Steel Re-rollable Scrap' is comprehensive and covers in its perview structurals...
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