Kolkata Court March 1990 Judgments
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Sambhu Nath Pal Vs. State of W.B.
Court: Kolkata
Decided on: Mar-20-1990
Reported in: 1990CriLJ2756,1991(34)ECC36
ORDERMonoj Kumar Mukherjee, J.1. Pursuant to a chargesheet submitted by the Central Bureau of Investigation the petitioner and two others have been arraigned before the 9th Court of the Metropolitan Magistrate, Calcutta for alleged commission of offences punishable under Sections 468/471, 420 and 120B of the Penal Code. One of the three accused could not however be apprehended and as such the case is proceeding against the petitioner and another. Before the learned Magistrate they filed separate petitions praying for their discharge on the common ground that the allegations made against them for what they were worth, made out an offence punishable under Section 5 of the Imports and Exports (Control) Act, 1947 ('Act' for short) and in view of Section 6 of the Act prosecution thereunder was not maintainable without a written complaint made by an officer duly authorised by the Central Government. According to them, the provisions of Section 6 of the Act could not be evaded by resorting to...
Smt. Laxmi Mani Dasi Vs. Manik Chandra Das
Court: Kolkata
Decided on: Mar-19-1990
Reported in: AIR1991Cal231,(1990)2CALLT277(HC),95CWN108
1. This appeal by the plaintiff/appellant involves only a short question of law as to whether a suit can be disposed of finally on the point of res judicata under Order 14, Rule 2, C.P.C. treating as a bar to the suit created by law under clause (b) of sub-rule (2) of Rule 2 of Order 14, C.P.C. After careful consideration, I have no hesitation to hold that when the facts are admitted, a question which has been decided fully and finally being an issue, directly and substantially, in the previous suit as in the present suit, it, no doubt, stands as a bar to the subsequent suit, and in that case, res judicata also operates as a bar to the suit created by law as contemplated under clause (b) of sub-rule (2) of Rule 2 of Order 14, C.P.C.2. To elucidate this point of law, let us refer to the facts of this case. The present suit, out of which this appeal arises, being Title Suit No. 166 of 1979 in the Second Court of Munsif, Jangipur has been brought by Laxmi Mani Dasi for declaration of her ...
Tapan Vs. Hon'ble Chief Justice, High Court
Court: Kolkata
Decided on: Mar-19-1990
Reported in: (1991)1CALLT53(HC),(1993)IIILLJ75Cal
Manoranjan Mallick, J.1. The petitioner who is an ex-military personnel was appointed as Court Keeper, High Court, Calcutta on a temporary basis on 5.7.1988 until further orders with effect from 5.7.1988 in place of D.G. Penn Anthany who retired with effect from 4.7.1988.2. In or about 17.6.1989 by a Memo being No. 4938-GS the Deputy Registrar, Appellate Side, High Court, Calcutta issued a snow cause notice directing the petitioner to submit show cause within 7 days alleging, inter alia, that the petitioner was not found in the quarter during the period of leave and that such act amounts to negligence of duty and breach of office discipline since the petitioner has been provided with the residential quarters in the court premises to stay there and to meet any emergency that may arise in the day and night.3. On the very day by another Memo being No. A939-GS the same Deputy Registrar, Appellate Side, High Court, Calcutta issued another show cause notice directing, inter alia, to show cau...
Calcutta Metropolitan Water and Sanitation Authority Employees Associa ...
Court: Kolkata
Decided on: Mar-19-1990
Reported in: (1990)2CALLT378(HC)
Kalyanmoy Ganguli, J.1. In this application under Article 226 of the Constitution of India, the petitioners, inter alia, pray for a writ in the nature of mandamus restraining the respondents from issuing a separate list of holidays for the operational staff of Garden Reach Water Works of Calcutta Metropolitan and Sanitation Authority for 1989 and/or subsequent years ; a writ in the nature of mandamus to cancel and withdraw and to forbear from giving effect and/or further effect to the impugned notices of the , Officer-on-Special Duty dated December 22, 1988 to explain why the said petitioners should not be punished for having absented themselves from duty, specified in the said notice which is Annexure 'L' to the petition and for a writ in the nature of mandamus commanding the respondents to pay overtime (double rate of daily wages) to the petitioners in addition to tiffin and travelling allowances for working on holidays as per general list of holidays, At the outset it was pointed ou...
Bhanjan Alias Bhajan Kumar Biswas Vs. Sibendranath Biswas and ors.
Court: Kolkata
Decided on: Mar-19-1990
Reported in: (1990)2CALLT451(HC)
Sunil Kumar Guin, J.1. This revisional petition is directed against the order passed by the learned Additional Sessions Judge, 1st Court, Nadia on 31.8.84 in Criminal Motion No. 34 of 1984 whereby he set aside the order passed by learned Executive Magistrate on 10.4.84 in MP No. 279 of 80 which was a proceeding under Section 133 of the Code of Criminal Procedure.2. The 1st party Bhajan Kumar Biswas for self and on behalf of others filed a petition under Section 133 of the Code of Criminal Procedure before the learned Executive Magistrate, Krishnanagar, Nadia alleging that there was a public pathway passing through plots No. 1165, 1181, 1180, 1179, 1173, 1183, 1182, 1163 and 1164 of Mouza Raninagar connecting the main road on the north in plot No. 755 and the road on the south in plot No. 760, that on 3.11.80 the members of the 2nd party blocked the said pathway in between plots No. 1178 and 1183 by erecting brick wall thereby causing inconvenience to the public in general and the resid...
Balailal Mookerjee and Co. (P) Ltd. and ors. Vs. Sea Traders Private L ...
Court: Kolkata
Decided on: Mar-19-1990
Reported in: (1991)1CALLT287(HC)
Umesh Chandra Banerjee, J.1. The law in regard to the grant of interlocutory injunction is now well-settled. Lord Diplock's speech in American Cinamid's case (1975 : 1 All ER 504) and the decision of the Supreme Court in the case of United Commercial Bank v. Bank of India : [1981]3SCR300 as also of this Court in Damodar Valley Corporation's, case : AIR1978Cal489 go in the same vein and establish that only a prima facie case is needed at this juncture without even considering the chance of success at the time of the final disposal of the suit:-A reasonable or even a plausable case would be sufficient at this interlocutory stage., The decision, of this Court in the Calcutta Tramways Company's case : AIR1986Cal305 also lend support to the view expressed above. Similar is the position in law as regards the grant of quia timet injunction since the apprehended damage ought not to be allowed to continue and the Law Courts ought to intervene and interfere in a given case to prevent such an app...
East Anglia Plastics (i) Ltd. Vs. Assistant Collector of Customs
Court: Kolkata
Decided on: Mar-19-1990
Reported in: 1990(50)ELT508(Cal)
Ajit K. Sengupta, J.1. In this application under Article 226 of the Constitution of India, the petitioners have prayed for a direction upon the concerned respondent authorities for considering the refund applications contained in Annexure 'C' to the writ petition and to grant refund of the countervailing/additional duty of Customs which, according to them, wrongfully and illegally realised.2. They have also asked for interest on the refund to be made by the respondents.3. The case of the petitioners, shortly stated, is that the (first petitioner) petitioner company is the manufacturer of, inter alia, Phthalate plasticizers and for this it requires raw materials such as Industrial alcohol known as 2-Ethyl Hexanol, Iso-Butanol and Iso-Octanol (hereinafter referred to as the said goods). During the period from March, 1979 to February, 1985, the petitioner company imported a number of consignments of the said goods through the Calcutta Port. The petitioner company duly paid the necessary b...
Nitya Ranjan Chatterjee Vs. Chitta Ranjan Catterjee and Others
Court: Kolkata
Decided on: Mar-15-1990
Reported in: AIR1990Cal311,94CWN863
ORDERG.N. Ray, J. 1. This appeal is directed against the judgment passed by the learned Assistant District Judge, 2nd Court, Hooghly in other Suit No. 113 of 1987. By the aforesaid judgment, the learned trial Judge has allowedthe application made by the defendant No. 1 Chitta Ranjan Chatterjee for acceptance of the award passed by the Arbitrators, respondents Nos. 2 to 4 and to make the award a decree of the Court under-S. 14 of the Arbitration Act.2. It is an admitted case of the partiesthat the said Chitta Ranjan Chatterjee and the defendant No. 1 appellant Nityaranjan Chatterjee are brothers and in order to settle their disputes, they appointed the said arbitrators. The arbitrators thereafter passed an award and they also filed the said award in the court with a prayer for passing the decree in terms of the award. After the award was filed in the court, the summons was issued to the parties to the award and the defendant No. 1 prayed for accepting the award and to make it a decree o...
Tapan Ranjan Das Vs. Smt. Jolly Das
Court: Kolkata
Decided on: Mar-15-1990
Reported in: AIR1990Cal353,94CWN812,I(1991)DMC60
ORDERG.N. Ray, J.1. This appeal is directed against the judgment and decree passed by the learned Additional District Judge, 10th Court, Alipore in Matrimonial Suit No. 51 of 1987. By the aforesaid judgment and decree, the learned trial Judge allowed the application made by the plaintiff respondent Smt. Jolly Das alias Moulik under S. 25(iii) of the Special Marriage Act. The learned Judge held that the marriage between the said respondent and the appellant Tapan RanjanDas was a nullity. 2. The case of the petitioner respondent Smt. Jolly Das alias Moulik is, inter alia, that she is a Hindu by faith and an Indian by nationality and she comes of a respectable family. Her father is a practising doctor of good repute and the appellant Tapan Ranjan Das is also a Hindu and Indian by nationality and he is aged about 42 to 45 years. It is contended by the petitioner respondent Smt. Jolly Das that the said Tapan Ranjan Das was practically unemployed and to earn his livelihood he has opened a mu...
Smt. Rudrani Chatterjee and Others Etc. Vs. Nabadwip Municipality and ...
Court: Kolkata
Decided on: Mar-15-1990
Reported in: AIR1990Cal397,(1990)2CALLT407(HC)
ORDER1. Both the writ petitions aretaken up analogously lor hearing and disposed of by this judgment.2. The writ petitioners have moved this Court against the arbitrary assessment of annual valuation in respect of Holding No. 10-B/I, Sreebas Angan Road in Nabadwip in the district of Nadia. The case of the petitioners is that by an Agreement dated 11th April, 1983 the petitioners borrowed a sum of Rs. 3.50 lakhs from the State Bank of India, Nabadwip, by depositing title deeds by creating a mortgage to construct a building according to the plan proposed by the Bank. The building plan was duly sanctioned by the Nabadwip Municipality and the three storied building was completed in March 1984. The loan carries an interest of 15 per cent per annum which comes to monthly instalment of Rs. 6,716/-. According to the terms and conditions of the said agreement the petitioners had to pay the premium of insurance of the building in case of accidental damage, to bear the cost and expenditure of rep...
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