Kolkata Court December 1994 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Coach Bihar Dist. Deed Writers' Assn. and another Vs. District Registr ...
Court: Kolkata
Decided on: Dec-23-1994
Reported in: AIR1995Cal372,(1995)1CALLT120(HC),1995(1)CHN444,99CWN314
ORDER1. This is a writ petition under Article 226 for quashing certain circulars issued by the respondents and for reliefs intended to exclude the lawyers' clerks from doing any function of deed writer in the Registration Offices. The petitioner No. 1 is the Coach Bihar District Deed Writers' Association of which the petitioner No. 2 is the Secretary. The petitioner No. 2 is himself also a licensed deed writer. Under Memo No.5060-(17) dated the 11th May, 1984 which is Annexure A to the writ petition the Inspector-General of Registration, West Bengal issued certain clarifications about which the petitioners are aggrieved. The clarifications given by the Inspector General of Registration in the said memo is thus:'(i) A Law Clerk has got no right to act as adeed writer independently of his employer, that is, Advocate or Pleader. (ii) A document drafted by a lawyer may be written out by his licenced clerk in view of the fact that the drafting and preparation of documents for registration b...
M/S. Abhijit Tea Company Pvt. Ltd. Vs. M/S. Terai Tea Company Pvt. Ltd ...
Court: Kolkata
Decided on: Dec-23-1994
Reported in: AIR1995Cal316
ORDER1. This is an application for review of the judgment and order dated 25th April, 1994 passed by the Division Bench to which I was a party. By the said judgment and order Appeal No. 514 of 1992 was dismissed but it was held that the appellant M/s. Abhijit Tea Company Pvt. Ltd. was entitled to be paid back the sum of Rs. 19,33,873.74 p. lying with the Registrar, original side of this Court being part of the amount deposited by the Registrar pursuant to the order of the Division Bench dated 10th October, 1991. By the said order dated 25th April 1994 we directed the Registrar, original side of this Court to pay the said sum of Rs. 19,33,873.74 p. with accrued interest thereon to M/s. Abhijit Tea Co. (P.) Ltd. after deducting his commission within 4 weeks from the date of the said judgment and order.2. The New Red Bank Tea Co. Ltd. and Sri Rebin Pal who are the respondents Nos. 4 and 5 in the said Appeal No. 514 of 1992 being aggrieved by the said direction of refund of the sum of Rs. ...
Aloke Sarkar Vs. Anindita Sarkar Nee Basu
Court: Kolkata
Decided on: Dec-23-1994
Reported in: II(1995)DMC426
Samaresh Banerjea, J. 1. The instant revisional application is directed against Order No. 9 dated 26.9.1994 passed by Shri S.B. Rich, learned Additional District Judge, 13th Court, Alipore in Matrimonial Suit No. 15 of 1994, allowing the application of the Opp. Party for custody of a male child under Section 26 of the Hindu Marriage Act, 1955.2. The aforesaid suit, which is now pending before the Trial Court, was filed by the husband, the present petitioner against the Opp. Party for dissolution of marriage on the alleged ground of cruelty and desertion.3. In the aforesaid suit the wife being the Opp. Party herein, filed an application under Section 26 of the Hindu Marriage Act for custody of the male child of the parties aged about 6 years. In the aforesaid application made by the Opp. Party it was, inter alia, pleaded by the Opp. Party that after driving out the Opp. Party from her matrimonial home, the husband being the present petitioner has forcibly detained the child aged 6 years...
Smt. Ratna Sen Nee Roy Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-23-1994
Reported in: (1995)1CALLT462(HC)
Satyabrata Sinha, J.1. In this writ application the petitioners who are the teaching and non-teaching staff of a school commonly known as Sishu Niketan (KG) of Jalpajguri, have filen this writ application claiming, inter alia, the following reliefs :(a) An appropriate writ or writs, order or orders be issued directing the respondents and each one of them to (i) allot grant-in-aid to Sishu Niketan (K.G.) School, Jalpaiguri and (ii) to pay salaries and allowances to the petitioners and each one of them, month by month and (iii) to pay the petitioners and each one of them the arrear, Salaries and allowances for the months from June to December, 1992.2. Sishu Niketan (K.G), Jalpaiguri (hereinafter referred to the 'said school') is run by Sishu Niketan, Jalpaiguri a Children's Welfare Society. Allegedly from 15th August, 1947 the said school was given sanction under Grant-in-Aid scheme by the State Government vide Memorandum dated 13th February, 1948 issued by the Assistant Inspector of Sch...
Krishna Mohan Mukherjee Vs. the Chief General Manager, State Bank of I ...
Court: Kolkata
Decided on: Dec-23-1994
Reported in: (1995)1CALLT150(HC)
Satya Brata Sinha, J.1. This appeal is directed against the judgment and order dated 27.2.1990 passed by Monoranjan Mallick, J. whereby and where- under the writ petition filed by the appellant was allowed in part.2. The fact of the matter lies in a very narrow compass.3. The appellant joined as a Clerk in the then Imperial Bank of India on 8th March, 1948. A notice to show-cause was served upon him on 17.12.1961 for allegedly failure on his part to credit a sum of Rs. 2030-98p. which had been received by him against a bill.4. On 13th February, 1962 the appellant was served with a charge-sheet.5. By an order dated 31st December, 1962 upon holding a disciplinary proceedings against him, the appellant was dismissed from services purported to be in terms of Paragraph 521(5)(b) of the Sastry Award as approved by the Desai Award.6. The appellant filed a writ petition in this Court against the said order of dismissal. The said writ petition of the appellant was allowed by D. K. Basu, J. The ...
Kisto Majhi Vs. the State
Court: Kolkata
Decided on: Dec-23-1994
Reported in: (1995)1CALLT179(HC)
Sidheswar Narayan, J.1. This appeal is directed against the judgment and order dated 29th July, 1994 passed by Shri S, K. Ray, Sessions Judge, A & N Islands, Port Blair in Sessions Case No. 17 of 1992, whereby the appellant was convicted under Section 307 and 152 I.P.C and was sentenced to suffer Rigorous Imprisonment for 5 years and to pay a fine of Rs. 2000/- in default to undergo simple imprisonment for 3 months more for the offence Under Section 307 I.P.C. and also to rigorous imprisonment for two years for the offence under Section 452 I.P.C. The sentences were directed to run concurrently. The fine amount, if realised was directed to be paid in equal shares to the victims Sulaiman Dhanwar (P.W. 1) and Jagat Sai (P.W. 2) by way of compensation Under Section 357 Cr. P.C.2. The Prosecution case as narrated by one Mahali Singh (P.W. 3) in the FIR is that in the intervening night of 7th and 8th May, 1991 at about 1 O'clock while he (P.W. 3) was on watch and guard duty at the Forest ga...
Sri Aloke Sarkar Vs. Smt. Anindita Sarkar Nee Basu
Court: Kolkata
Decided on: Dec-23-1994
Reported in: (1995)1CALLT436(HC)
Samaresh Banerjea, J.1. The instant revisional application is directed against Order No. 9 dated 26.9.1994 passed by Shri S. B. Aich, learned Additional District Judge, 13th Court, Alipore in Matrimonial Suit No. 15 of! 1994. allowing the application of the opposite party for custody of a male child under Section 26 of the Hindu Marriage Act, 1955.2. The aforesaid suit, which is now pending before the Trial Court, was filed by the husband, the present petitioner against the opposite party for dissolution of marriage on the alleged ground of cruelty and desertion.3. In the aforesaid suit the wife being the opposite party herein, filed an application under Section 26 of the Hindu Marriage Act for custody of the male child of the parties aged about 6 years. In the aforesaid application made by the opposite party it was, inter alia, pleaded by the opposite party that after driving out the opposite party from her matrimonial home, the husband being the present petitioner has forcibly detain...
Eagle International Ltd. Vs. Assistant Commissioner of
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Dec-21-1994
Reported in: (1996)57ITD512(Kol.)
1. This is an appeal by the assessee and is directed against the order of the CIT(A) sustaining the penalty of Rs. 68,775 imposed under Section 271 (1)(c) of the Income-tax Act.2. The assessee is a public limited company which came into existence during the year of account. It made a public issue of share capital and received contributions on account of share application money as well as allotment money. In the assessment proceedings the ITO noticed that the assessee received as share subscription a sum of Rs. 55,22,250. The assessee furnished a complete list of shareholders and also a copy of the respective accounts maintained by its bankers, namely, Canara Bank and Allahabad Bank through whom the amount was collected. The ITO scrutinised the list and observed that a sum of Rs. 1,23,000 was not received by means of account payee cheques but was received in cash. He called upon the assessee to explain the nature and source of the deposit in response to which the assessee contended tha...
Kumar V.K. Sinha Roy Vs. Union of India
Court: Kolkata
Decided on: Dec-21-1994
Reported in: AIR1995Cal128,(1995)1CALLT188(HC)
ORDERS.K. Mookherjee, J.1. This Revisional application is directed against Order No. 3, dated 24th January, 1990 passed by the learned Arbitrator, 24 Parganas (N & S) and Calcutta in Exn. Case No. 1 of 1990 [Arbitration Case No. 64/66(V)] whereby the learned Arbitrator passed certain directions regarding charging of interest on the amounts of the award, which was being executed. The directions of the learned Arbitrator, inter alia, provided that on the amount of the award of Rs.41,873.85, interest at 5% p.a. with effect from 19-12-46 to 23-5-56 (9 years 156 days) and from 5-8-67 to 29-7-75 will be Rs. 19,738.05 and 16,703.58 respectively and, accordingly the learned Arbitrator found necessity of amendment of the application for execution as also for filing of certified copy ofthe original award and the certified copy of the judgment and decree in Appeal No. 536 of 1975 before the Hon'ble High Court. 2. Though very detailed arguments have been made before us with reference to the previo...
Asis Kumar Maity and Others Vs. State of West Bengal and Others
Court: Kolkata
Decided on: Dec-21-1994
Reported in: AIR1995Cal160
ORDERSatyabrata Sinha, J.1. All the aforementioned three appeals being interrelated were heard out together and are being disposed of by this common judgment.2. Asis Kumar Maity and others preferred n appeal against a judgment and order passed Bijitendra Mohan Mitra, J., dated 8-6-94, whereby and where under the learned Judge held that the policy-decision of the State of West Bengal in relation to reservation of seats for admission in Medical and Engineering candidates (Colleges) for scheduled castes and scheduled tribes candidates, as contained in the order dated 30-5-92 were valid. The State of West Bengal has preferred an appeal against the judgment and order dated 24-6-93 passed by D.K. Basu J., whereby and where under the said learned Judge allowed the writ-petitioners to file a supplementary affidavit affirmed on 21-6-93. However, during the hearing of the said appeal, the learned Counsel for the parties agreed that keeping in view the fact that this Bench is in seisin of the app...
- ‹ Prev
- 2
- 3
- Next ›
- Last »