Kolkata Court October 1993 Judgments

Enkon Vs. French Motor Car Company Pvt.Ltd. and Another

Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata

Prof. Sunil Kanti Kar, Member: (1) The petitioner/complainant lodged this complaint inter alia alleging that it had paid the sum of Rs. 4,46,440/- including registration fees to the Opposite Party No. 1 against purchase of Diesel Car known as Tata Estate. The final payment was made within 12.2.93. Accordingly the Diesel Car was supposed to be delivered within one month from the date of final payment. It was further alleged that the Opposite Party No. 1 failed and neglected to deliver the said Diesel Car to the petitioner/complainant inspite of several correspondences dated 16.3.93 and 8.4.93 made by the petitioner/complainant and the said letters have been made annexures as "J" and "K" with the petition of complaint. It was further alleged that the complainant/ petitioner took loan of Rs. 3,00,000/- on interest from the City Bank for making payment of the said sum to the Opposite Party No. 1 and as the Opposite Party No. 1 withheld delivery of the Diesel Car, it was deprived from utili...

ismail Basha Alias Iqbal Basha Vs. Union of India (Uoi) and ors.

Court: Kolkata

Reported in: (1994)2CALLT22(HC)

Bhagabati Prasad Banerjee, J.1. This is an appeal against an order dated 24th April, 1992 passed by the learned trial Judge in C.O. No. 448(W) of 1990 rejecting the application under Article 226 of the Constitution filed by the appellant-petitioner for cancelling or rescending the order of detention dated 7th February, 1989 passed against the appellant-petitioner under the Conservation of Foreign Exchange and Prevention of Smuggling Activitits Act, 1974. The writ application was filed at pre-execution stage. The only point that was taken in the writ application and before us is that the order of detention was passed on 7th February, 1989 and the writ application was filed before the learned trial Judge on 25th January 1990 whereupon the interim order of injunction was passed by the learned trial Judge. It was submitted that the delay of eleven months in executing the order of detention has invalidated the order of detention as the very purpose for which the order of detention was passe...

The State Vs. Gour Guha

Court: Kolkata

Reported in: (1994)1CALLT84(HC)

Siba Prasad Rajkhowa, J.1. The Learned Additional Sessions Judge, Cooch Behar, by his Judgment and order dated 25.11.92 passed in sessions case No. 12 of 1987, has convicted accused Gour Guha under Section 302 of the Indian P.C. and has awarded death penalty. The Learned Trial Judge has made a reference to this Court under Section 366 of the Code of Criminal Procedure for confirmation of the death sentence.2. The convict has also filed Crl. Appeal No. 322 of 1992 against the said order of conviction and sentence.3. Both the reference and the appeal are heard together.4. The first information report, Ext. 5, was lodged with the Officer-incharge, Toofanganj Police Station on 19.7.85 by an officer of Assam Police, i.e., Shyam Kumar Dutta, Sub-Inspector of Police and the same reads as follows :-'I beg to state that on 18.7.85 at 3/3.30 hours my sister's husband, Gour Guha poured kerosene oil in the body of my sister Basanti and set fire for causing her death. Just after setting fire in the...

Bejoy Bhusan Sen Alias B.B. Sen Vs. Deputy Chief Controller of Imports ...

Court: Kolkata

Reported in: (1994)2CALLT12(HC),98CWN701

Arun Kumar Dutta, J.1. The petitioner-accused (hereinafter referred to as accused) by his instant Revisional Application under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter shortened into Code), has prayed the Court for quashing the relevant proceedings, being Complaint Case No. C/2493/72, pending before the Metropolitan Magistrate, 12th Court, Calcutta, mainly on the grounds that the evidence of the 23 witnesses examined so far, taken on their face value, do not make out even a prima facie case against him and that in view of the long pendency of the said proceedings, he has suffered great mental agony and hardship during the last 22 years and in the interest of justice such a lame prosecution should not be allowed to continue and should be quashed in the background and facts and circumstances indicated therein.2. The facts giving rise to the aforesaid relevant proceedings may shortly be stated as follows :-On or about 22.5.1970 a report, being Crime No. 10/E/70 dat...

Haradhan Pal and ors. Vs. Amitabha Ghosh and ors.

Court: Kolkata

Reported in: (1993)2CALLT376(HC)

Anandamly Bhattacharjee, C.J.1. Heard Mr. Anindya Mitra, learned Counsel appearing for the appellants, Mr. P. C. Sen, learned Counsel, Mr. Saktinath Mukherjee, learned Counsel, Mr. P. K. Das, learned Counsel and Mr. Asok Banerjee, learned Counsel appearing for various respondents and Mr. Bimal Chatterjee, learned Counsel appearing for the Special Officer, Mr. Gour Roy Chowdhury and Mr. Sanjoy Bhattacharya, learned Counsel appearing for the Special Officer, Mr. Bhabaranjan Sengupta.2. It has not been disputed, and in fact it has also been found by the learned Trial Judge, that the ballot papers contain several errors or mistakes. The learned Judge is of the view that those errors or mistakes in the names or the surnames of the candidates are all 'trial nature'. We are afraid, and this we say with respect to the learned Judge, that we cannot agree. If the surname of a candidate being 'Bardhan' has been printed as 'Bhadra' or the surname 'Deb' has been printed as 'Dey', such errors or mis...

Ganesh Chandra Das Vs. South Bengal State Transport Corporation and or ...

Court: Kolkata

Reported in: (1994)1CALLT102(HC)

Gitesh Ranjan Bhattacharjee, J.1. The petitioner was a bus conductor of South Bengal State Transport Corporation. On 19-2-90 while he was performing duty in Vehicle No. WMH plying in Durgapur-Krishnanagar route, his cash bag was checked by the Squad Checking Staff at Krishnanagar between 11-45 and 12-15 hours and on such checking an excess of Rs. 61.35p. was found in his cash bag. Thereafter the petitioner was placed under suspension; and departmental proceeding was started against him on the three charges mentioned below ;(1) Excess collection of Rs. 61.35p. on a sale of Rs. 893.30p.(2) Performing duty negligently and carelessly and all these constituting gross misconduct.(3) Violating the provision, of Regulation 25(2) of SBSTC Employees Service Regulations.2. The petitioner was directed to submit explanation. One Shri B. Ghosh, Labour Officer, SBSTC was engaged as Enquiry Officer to enquire into the charges framed against the petitioner. After conclusion of the enquiry, the Enquiry ...

Bajoria Rubber Industries Ltd. Vs. Collector of C. Ex.

Court: Kolkata

Reported in: 1994(70)ELT169(Cal)

Ruma Pal, J.1. The petitioners, inter alia, manufacture vacuum hoses.The petitioners had been clearing the hoses under the Tariff sub-heading4009.92 of Chapter 40 of Schedule-II to the Central Excise Tariff Act of 1985. TheTariff sub-heading 4009.92 reads as follows :-'Designed to perform the function of conveying air, gas orliquid.'Under this sub-heading 30% Duty was leviable.2. According to the petitioners, the vacuum hoses, manufactured bythem, are in fact, vacuum brake hoses and are supplied to the RailwayAuthorities for the purpose of functioning as vacuum brake or as parts thereof.In fact, the petitioner-Company is registered with the Railway Authorities, interalia, for supply of vacuum brake hose pipes. According to the petitioners, thereare limited suppliers of vacuum brake hose pipes to the Railways in thecountry. Of the 11 such suppliers, most are Small Scale Industry and are byvirtue thereof exempted from payment of Excise Duty. The petitioner-Company is not a Small Scale In...

Joint Action Committee of Bengal Taxi Association Etc. and Another Vs. ...

Court: Kolkata

Reported in: II(1994)ACC187,AIR1994Cal10,(1994)1CALLT162(HC)

ORDER1. In this writ petition under Article 226 filed by the Joint Action Committee of Bengal Taxi Association, Calcutta Taxi Association, Calcutta Taxi Operators Association, Taxi Drivers' Union and Calcutta Metropolitan Taxi Drivers' Union, the petitioners have come for relief mainly in respect of two grievances highlighted by them. These two grievances are, (1) on the ground of broken seal of taxi meter the Motor Vehicles Authorities arc indiscriminately demanding and realising payment of a fine of Rs. 500/- by coercion, and (2) the Motor Vehicles Authorities are refusing to accept fees and taxes such as, road-tax, permit fees, C.P. fees etc. until and unless the fine imposed by them is paid, thereby causing severe harassment and inconvenience to' the taxi owners, drivers and commuters. The petitioners have also voiced a more disturbing grievance in paragraph 14 of the writ petition and paragraph 11 of the affidavit-in-reply about corrupt practice stated to be prevailing in the Moto...