Kolkata Court February 1993 Judgments
Adhir Chandra Banerjee Vs. Smt. Lilabati Mukherjee
Court: Kolkata
Decided on: Feb-26-1993
Reported in: AIR1993Cal296,(1993)1CALLT307(HC),97CWN863
ORDER1. In the instant revisional application the plaintiff/petitioner has challenged the order No.38 dated 9-1-1992 passed by the learned Munsif, 2nd Court, at Barasat in Title Suit No. 565 of 1986 by which the Learned Munsif has allowed the prayer of the defendant opposite party for examining the opposite on commission under the provisions of Order XXVI, Rule 1 of the Code of Civil Procedure.2. The said application under Order XXVI, Rule 1 for such examination of the defendant on commission was made on the ground of the inability of the defendant to come before the Court because of her illness and old age and in support of the same a medical certificate was produced. Such application was contested by the plaintiff by filing an objection contending inter alia that such application does not disclose the nature of disease, condition of the patient and other relevant particulars regarding the sikness and/ or infirmity of the patient.3. Mr. Ajit Kumar Roy with Mr. Kanak Kumar Chatterjee a...
Tag this Judgment!M/S. Accounting and Secretarial Services Pvt. Ltd. and Another Vs. Uni ...
Court: Kolkata
Decided on: Feb-25-1993
Reported in: AIR1993Cal102
ORDER1. The petitioner, in this application under Art. 226 of the Constitution of India, has challenged the ex parte order passed by the Estate Officer, United Commercial Bank, dated 25th Nov. 1981 directing the petitioner to vacate the premises No. 1B Russel Street, Calcutta, by 31st December, 1982. The said order is passed in exercise of powers under the Public Premises (Eviction of Unauthorised Occupants) Act, 1971. Apart from challenging the order passed by the said Estate Officer, the applicant goes a step further by impugning the very appointment of respondent No. 3, viz. Shri V. Rama-chandran, as the Estale Officer on the ground that the said office in the first instance requires the incumbent to be a man experienced and trained to exercise judicial powers and secondly to be a man independent and impartial not having interest directly or indirectly in the matter to be adjudicated upon, free from bias and partiality. In that connection, the vires of Section 3 of the said Act of 1...
Tag this Judgment!Shyam Beharilal Bhargava Vs. Mrs. ShrIn F. Mazda
Court: Kolkata
Decided on: Feb-25-1993
Reported in: (1993)1CALLT488(HC)
Nisith Kumar Batabyal, J.1. This C.O. arises out of an application under Section 115 of the C.P.C. and is directed against the order dated 14th January, 1991 passed by Shri S. Bagchi, Learned First Additional District Judge, 24-Parganas(S) at Alipore in Title Appeal No. 553 of 198,6.2. The O.P. as plaintiff instituted a suit for eviction and khas possession against the predecessor-in-interest, Dr. K. K. Bhargava (since deceased) of the revisionist on the ground of default in payment of rent and for reasonable requirement for the use and occupation of the Landlord as also on other grounds. The defendant contested the suit by filing written statement denying the material plaint allegations. The Learned Trial Court decreed the suit holding, inter alia, that the defendant in the suit was entitled to protection under Section 17(4) of the W.B.P.T. Act, 1956, that the plaintiff reasonably required the suit premises for her own use and occupation and that she had no other suitable accommodatio...
Tag this Judgment!Md. Wali Alam Vs. the State of West Bengal and anr.
Court: Kolkata
Decided on: Feb-25-1993
Reported in: (1993)2CALLT369(HC)
Arun Kumar Dutta, J.1. The instant criminal revisional application, along with 11 other applications, being Criminal Revision Case Nos. 1585 to 1596/90, had been heard together in terms of the order dated 10.9.90 passed by this Court in the instant matter.2. The petitioner in all the 12 matters at hand is the same and the alleged offences for which he has been prosecuted in the relevant cases are also similar in nature. The petitioner by his relevant applications in the 12 re-visional cases at hand Under Section 401, read with Section 482, of the Code of Criminal Procedure has prayed the Court for quashing all the 12 relevant criminal proceedings against him as also the impugned orders passed therein by the learned Special Judge, Birbhum, in connection therewith on the grounds set forth therein.3. On 15.11.84 the 12 complainants in the relevant 12 cases had lodged complaints before the Superintendent of Police, Suri, Birbhum, to the effect that the petitioner-accused, then working as t...
Tag this Judgment!Arya Bhandar Pvt. Ltd. Vs. Asstt. Collector of Customs
Court: Kolkata
Decided on: Feb-25-1993
Reported in: 1994(46)ECC124,1994(69)ELT631(Cal)
Suhas Chandra Sen, J.1. The Assistant Chief Controller of Imports and Exports granted an advance licence dated March 31, 1984 to the petitioner for import of 1,00,000.00 pieces of hand bag fittings (buckles, hooks, clamps, etc.). The Assistant Chief Controller also granted a Duty Exemption Entitlement Certificate (hereinafter described as DEEC to the petitioner for exemption from import duty on the import of the said goods subject to fulfilment of the conditions specified in Notification No. 117/78. One of the conditions specified in the licence was that the petitioner would have to export 20,000 pieces of leather hand bags within six months from the date of importation of the first consignment against the said advance licence. The specified period, however, was subsequently extended till July 31,1986.2. The case of the petitioner is that in pursuance of the said Advance Import Licence the petitioner imported hand bag fittings. While fitting with leather bags, some fittings were broken...
Tag this Judgment!Brojendra Nath Koley and anr. Vs. the State
Court: Kolkata
Decided on: Feb-24-1993
Reported in: (1994)2CALLT75(HC),98CWN319
Gitesh Ranjan Bhattacharjee, J.1. The short question that arises for decision in this revisional proceeding is whether at the stage of consideration of framing of charge by the Court the accused can demand production, inspection or supply of copies of documents which were seized by the police during the investigation of the case but copies of which were not supplied to the accused under Section 207 Cr. P.C. on the ground that the prosecution would not rely on those documents at the trial of the case. In the present case charge-sheet has been submitted under sections 120B, 199 and 377A I.P.C. The allegation of the prosecution in short is that during a specified period there was withdrawal of a total amount of more than Rs. 4,67,900/- from the banks by cheques out of which there was a defalcation of more than Rs. 55,000/- against false vouchers. The two petitioners who along with others are the accused in the case were the Directors of the Company and the allegation is that three Directo...
Tag this Judgment!Brojendra Nath Kolay and anr. Vs. the State
Court: Kolkata
Decided on: Feb-24-1993
Reported in: 1994CriLJ1194
ORDERGitesh Ranjan Bhattacharjee, J.1. The short question that arises for decision in this revisional proceeding is whether at the stage of consideration of framing of charge by the Court the accused can demand production, inspection or supply of copies of documents which were seized by the police during the investigation of the case but copies of which were not supplied to the accused Under Section 207, Cr.P.C. on the ground that the prosecution would not rely on those documents at the trial of the case. In the present case charge-sheet has been submitted under Sections. 120B, 409 and 477A, I.P.C. The allegation of the prosecution in short is that during a specified period there was withdrawal of a total amount of more than Rs. 8,67,000/- from the banks by cheques out of which there was a defalcation of more than Rs. 55,000/- against false vouchers. The two petitioners who along with others are the accused in the case were the Directors of the Company and the allegation is that three ...
Tag this Judgment!In Re: Smt. B. Ramannamma
Court: Kolkata
Decided on: Feb-23-1993
Reported in: (1993)2CALLT15(HC),97CWN716,1994(46)ECC109
Shyamal Kumar Sen, J.1. The facts inter alia leading to this bail application are that on December 3, 1992 at about 11-20 hours Sub-Inspector Mohammad Aslam, SHO (CCS) along with Police Party conducted personal search of the petitioner who disembarked from the ship MV Nicobar at Haddo Jetty. It is the case of the State opposite party that 7 Kg. 650 grammes of Ganja. was recovered from her steel trunk. After taking out 200 grams illicit Ganja for chemical sample from the recovered Ganja for examination by the experts and sealed and seized all the Ganja under the cover of Panchanama and the petitioner was arrested and the investigation was entrusted to the SHO by the Deputy Superintendent of Police (CID). The investigation is now complete and the charge-sheet has also been framed.2. The only question involved in this case is whether bail can be granted in view of the specific provisions of Section 37 of the Narcotic Drugs and Psychotrophic Substances Act, 1985 (hereinafter referred to as...
Tag this Judgment!Thomson Vs. Chandrakala
Court: Kolkata
Decided on: Feb-19-1993
Reported in: II(1993)DMC446
Shyamal Kumar Sen, J.1. By consent of parties this revisional application is treated to be on day's list and taken up for hearing.For the purpose of proper adjudication of this revisional application we may take note of the facts on record as appearing from the bail application already filed on behalf of petitioner No. 1. Thomson. The said bail application contains inter alia the following allegations as appears from paragraphs 1 to 13 of the said application which are set out hereinafter.'1. That the opposite party No. 2 filed a petition of complaint under Sections 323/324/354/356/376/34 of the Indian Penal Code before the Learned Chief Judicial Magistrate at Port Blair against the petitioners along with others on 24-11-1992 with inter-alia the following allegations.2. That on 13-11-1992 at about 10.30 p.m. one Babul Das alongwith the petitioner came to the house of the complaint and asked the complainant to follow them with the assurance that she will be married to Babul Das in the h...
Tag this Judgment!In Re: Thomson, Babul Das
Court: Kolkata
Decided on: Feb-19-1993
Reported in: (1993)2CALLT122(HC),97CWN888
S.K. Sen, J.1. By consent of parties this revisional application is treated to be on day's list and taken up for hearing.For the purpose of proper adjudication of this revisional application we may take note of the facts on record as appearing from the bail application already filed on behalf of petitioner No. 1-Thomson. The said bail application contains inter alia the following allegations as appears from paragraphs 1 to 13 of the said application which are set out hereinafter.'1. That the opposite party No. 2 filed a petition of complaint Under Section 323/324/354/356/376/34 of the Indian Penal Code before the Learned Chief Judicial Magistrate at Port Blair against the petitioners along with others on 24.11.1992 with inter alia the following allegations.2. That on 13.11.1992 at about 10.30 p.m. onBabul Das along with the petitioner came to the house of the complaint and asked the complainant to follow them with the assurance that she will be married to Babul Das in the house of the ...
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