Kolkata Court September 1987 Judgments
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Rajendra Singh Sethia Vs. the State and ors.
Court: Kolkata
Decided on: Sep-16-1987
Reported in: 1989CriLJ255
Sankari Prasad Das Ghosh, J.1. This revisional application is directed against an order passed by the learned Metropolitan Magistrate, 11th Court Calcutta, on 2-4-87 in G. R. Case No. 1202 of 1985, rejecting an application filed by the petitioner, Rajendra Singh Sethia, on 3-1-86 under Section 216 of the Code of Criminal Procedure for dropping unsustainable charges framed in the case.2. The petitioner was facing trial as an accused in a case pending in the court of the Chief Metropolitan Magistrate, Delhi. He was arrested in connection with that case on 1-3-85 at Maurya Sheraton Hotel, New Delhi. On 2-3-85, there was a search in room No. 1589 in that hotel. As a result of the search various documents, including a passport bearing No. W 900509 dated 13-2-85 issued by the Public Relations Officer, Regional Passport and Emigration Officer, Calcutta, were seized by the Police. The G. R. Case No. 1202 of 1985 centres around this passport.3. The prosecution case, in a nutshell, is that the p...
East India Hotels Ltd. and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-15-1987
Reported in: AIR1988Cal369
Banerjee, J.1. This is an appeal against the order and judgment of the Ld. Trial Judge dt June 9 and 11, 1982 by which he had upheld the validity of the West Bengal Multi-storied Building Tax Act, 1979 (West Bengal Act No. XXII of 1979 hereafter referred to as the said Act). This appeal along with other appeals in which the validity of the said Act was challenged were heard together and we by the judgment dt. May, 19. 1987 (reported in AIR 1987 Cal 372) passed in the case of Bagaria More & Co. Ltd. v. State of West Bengal, held that except in Section in respect_of Section 25(2) of the said Act all othercontentions raised by the Petitioner were rightly rejected by the Ld Trial Judge and we found that Section 25(2) of the said Act is ultra vires. In this appeal the Appellant also challenged the notices of demands by which the Building Tax Officer of the Multi-storied Building Office demanded taxes for the periods 1975-76, 1976-77, 1977-78, 1978-79 and 1979-80 inter alia, on the grounds t...
Vidyadhar Upadhyay Vs. Sree Sree Madan Gopal Jew and ors.
Court: Kolkata
Decided on: Sep-09-1987
Reported in: (1988)2CALLT61(HC),[1990]67CompCas394(Cal)
Bimal Chandra Basak, J.1. This appeal is directed against a judgment and order passed by learned company judge in an application under Sections 446, 535 and 578 of the Companies Act, 1956 (hereinafter referred to as 'the said Act'). The facts of this case are as follows :The subject-matter of this suit is a room in the demarcated northern portions of premises No. 143/1/1, Cotton Street, Calcutta (hereinafter referred to as 'the said premises'). On or about March 13, 1943, the said premises was purchased in the name of the plaintiff's relative. On May 3, 1944, Ajik Kishore Maitra, defendant No. 1 in Suit No. 961 of 1959, the then shebait of the plaintiff, executed a deed of lease of the said premises in favour of one Bhagwandas Kalla and others for a period of 90 years. On June 26, 1947, Kalla transferred the said leasehold interest to Kalla Properties and Industrial Corporation Ltd., defendant No. 6 in the said Suit No. 961 of 1959. On or about August 24, 1950, the said Kalla Propertie...
O.N.G.C. Workmen's Association Vs. State of West Bengal and Ors.
Court: Kolkata
Decided on: Sep-09-1987
Reported in: (1988)IILLJ335Cal
Susanta Chatterjee, J.1. The present writ petition has been filed for issuance of a writ of Mandamus declaring that a decision of the respondent No. 2 the Registrar of Trade Unions, Department of Labour, Government of West Bengal, in the matter of adjudication on the legality and validity of the election of office bearers of O.N.G.C. Workmen's Association (copy of which is annexure 'D' to the writ petition) and the order of the respondent No. 4, the Joint Director (I.R.) as communicated under Memo No. CAL/CR/IR/ ONGCWA/87-CONF dated 8th June 1987 (copy of which is annexure 'F' to the writ petition) are not valid, legal and proper, and to rescind, recall and withdraw the aforementioned decision and the order. It is stated in the writ petition that the petitioner No. 1 is a Registered Trade Union bearing Registration No. 10641 having its office at P-45, Taratolla Road, Calcutta and its members are employees of the respondent No. 5 Oil & Natural Gas Commission in its different offices and...
Howrah Mills Company Ltd. Vs. Libra Exporters Private Ltd. and ors.
Court: Kolkata
Decided on: Sep-04-1987
Reported in: AIR1988Cal213
ORDERPratibha Bonnerjea, J.1. The facts of the case are as follows :The petitioner entered into a contract No.JG/E/ 1528 dated 7-6-83 for supply of two lakh yards of hession cloth to respondent No. 1 at the rate of Rs. 167/- per 100 yards on terms and conditions contained in Annexure 'A' to the petition. The petitioner is a jute mill and is a member of the East India Jute and Hessian Exchange Ltd. It is alleged in the petition that it was agreed between the parties that there would be no 'option' in respect of the said contract. It is admitted that the contract contained an arbitration clause and is governed by the provisions of Forward Contract Regulation Act 1952 and the bye-taws of the East India Jute & Hessian Exchange Ltd., Calcutta. The petitioner alleged that the respondent No. 1 accepted the said contract and issued shipping instructions No. L/1871 dated 8-6-83 for delivery of the said goods. This shipping instruction is annexure 'B' to the petition. The petitioner in accordanc...
Sm. Sipra Dey Vs. Ajit Kumar Dey
Court: Kolkata
Decided on: Sep-02-1987
Reported in: AIR1988Cal28,92CWN600
A.M. Bhattacharjee, J.1. This matrimonial appeal by the wife-appellant was preferred beyond the period of limitation, but the delay has been condoned under Section 5 of the Limitation Act on an application filed subsequent to the presentation of the appeal. Mr. D. Roze, the learned counsel appearing for the husband-respondent has now urged, and has urged very seriously, that the order condoning the delay under Section 5 of the Limitation Act was patently erroneous for two reasons. Mr. D. Roze has contended that, firstly, Section 5 of the Limitation Act cannot have any manner of application to a matrimonial proceeding under the Hindu Marriage Act including an Appeal, and, secondly, even if the Section applies, the application thereunder ought to have accompanied the memorandum of appeal as now required by Rule 3A of the Code of Civil Procedure, inserted by the Amendment Act of 1976, and such an application having filed later, the delay could not be condoned.2. An appeal against a decree...
Bhajahari and ors. Vs. Abdul Karim Shaikh and ors.
Court: Kolkata
Decided on: Sep-02-1987
Reported in: AIR1988Cal421
Monoj Kumar Mukherjee, J.1. This second appeal is by the defendant and it arises out of a suit for partition.2. The suit property comprises of plot Nos. 68, 83. 162 and 181 appertaining to khatian No. 89 of mouza Gahak and it formerly belonged to one Saharjan Sk. who died in the year 1367 B.S. leaving behind two sons Abdul Karim (the plaintiff No. 1) and Abdul Rahim and two daughters Momcna Khatun (the plaintiff No. 2) and Mohuda Khatun (the plaintiff No. 3). According to the plaintiffs, though there was no partition of their ancestral properties, their brother Abdul Rahim transferred the suit plots to the six defendants by separate sale deeds falsely claiming that he was in exclusive possession thereof pursuant to an amicable partition amongst the co-sharers. By filing the suit the three plaintiffs therefore prayed for partition claiming 2/3rd share in the suit property.3. In contesting the suit the defendants averred that there was an amicable partition of the properties, left behind...
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