Kolkata Court December 1994 Judgments

The Association of Teachers in Anglo Indian School Vs. the Association ...

Court: Kolkata

Reported in: AIR1995Cal194

ORDERSatya Brata Sinha, J.1. This appeal is directed against a judgment and order dated 1st Sept. 1994 passed by a Ld. Single Judge of this Court, whereby and whereunder the writ petition filed by the respondent No. 1 herein, questioning the constitutionality of certain clauses of the Code of Regulations for Anglo Indian and other Listed Schools, 1993 (hereinafter referred to as 'the Code') has been declared unconstitutional.2. The writ petitioner-respondent No. 1 herein is an association of the Heads of the various Anglo Indian Schools who are said tobe minority institutions within the meaning of Clause 1 of An. 30 of the Constitution of India. The writ petitioner, in its writ application had impleaded various minority institutions as pro forma respondents. The said pro forma respondents have supported the writ petitioner-respondent No. 1 before us as it was done before the Ld. Single Judge.3. In the main writ application, the respondent No. 1, inter alia, question the maintainability...

Chittaranjan Das Vs. Durgapore Project Ltd. and ors.

Court: Kolkata

Reported in: 99CWN897,(1996)IIILLJ188Cal

Satyabrata Sinha, J. 1. This appeal is directed against an order, dated September 1, 1994, passed by a learned Single Judge of this Court whereby and whereunder the writ application filed by the writ petitioner appellant was summarily dismissed. 2. The facts of the matter lies in a very narrow compass. 3. According to the petitioner, his date of birth is September 10, 1959 which was also recorded in the register maintained by Durgapur T.N. Singh School, wherein the petitioner allegedly read from Class V4. The petitioner contended that he appeared in the year 1975 in the Higher Secondary Examination in the science stream from the said school but failed therein. His date of birth as aforementioned was stated by the headmaster of the said school in the certificates, dated December 22, 1978 and September 20, 1991. 5. The petitioner thereafter joined training in the Trade Course of Fitter in the Industrial Training Institute, Durgapur. Upon completion of his training, he was appointed as an...

Shree Nathji International Vs. Bharat Aluminium Co. Ltd. and ors.

Court: Kolkata

Reported in: (1995)1CALLT286(HC)

Satyabrata Sinha, J.1. This writ application has been filed by the petitioner inter alia, for the following orders :(a) Issue a writ or writs, order or orders, direction or directions in the nature of mandamus commanding the respondents and/or each of them and/or agents, servants, assignees, representatives and calling upon them as to why the tender under tender specifications given, by the petitioner not be given effect to the satisfaction of the petitioner by releasing and/or disposing materials to them;(b) Issue a writ or writs, order or orders, direction or directions in the nature of prohibition prohibiting the respondents and/or each of them and/or agents, servants, assignee and/or representatives from taking any steps and/or further step contrary to the interest of the petitioner in respect of the specified tender ;(c) The respondents be directed to enforce the accepted tender of the petitioner for the purpose of disposal of the material immediately without any further delay.2. ...

Pratul Kumar Sinha Vs. the State of West Bengal and ors.

Court: Kolkata

Reported in: (1995)1CALLT223(HC)

Mukul Gopal Mukherji, J.1. This public interest litigation was initiated by Sri Pratul Kumar Sinha, an Advocate and a social activist before the Supreme Court by way of writ application under Article 32 of the Constitution of India. He referred, to the age old practice of ragging prevalent in Engineering, Medical Colleges and also in some other Colleges in India where the fresher 1st year students had to face ragging by the senior students in the shape of mental and physical cruelty and acts of violence. He submitted that usually the period of ragging continued in between 1 and 3 months from the very beginning of the session of the new entrant in the institution. Because of the phychological pressure and even physical violence many students have to give up their studies. He wanted that this evil system of ragging should be eradicated from the education system altogether. He was of the view that neither the Government nor the college authorities took adequate and proper or effective ste...

Chloride India Ltd. Vs. Deputy Commissioner of

Court: Income Tax Appellate Tribunal ITAT Kolkata

Reported in: (1995)53ITD180(Kol.)

1. This appeal by the assessee is directed against the order oftheCIT(A) dated 30-7-1990 for the assessment year 1986-87.2. The assessee is a public limited company engaged in the manufacture of automobile batteries. It also exports batteries and in respect of the export it is entitled to deduction under Section 80HHC of the Act.The entitlement of the assessee to the deduction is not disputed in the present appeal. The dispute centres around the manner of computing the deduction in accordance with Section 80HHC(3)(b) as it stood at the relevant time. Under the said provision, the profit derived from the export of goods or merchandise out of India shall be equal to the amount which bears to the profit of the business as computed under the head 'Profits and gains of the business' the same proportion as the export turnover bears to the total turnover of the business carried on by the assessee. The Explanation (b) below this Sub-section contains the definition of the 'Export turnover'. As...

Jawahar Vs. the State

Court: Kolkata

Reported in: 1995(2)ALT(Cri)8,(1995)1CALLT194(HC)

Sidheswar Narayan, J.1. This petition in revision is directed against the judgement and order dated 28th October, 1994 passed by Shri S.K. Ray, Sessions Judge, A & N Islands, Port Blair in Criminal Appeal No. 7 of 1994 whereby the Order of conviction and sentence passed by Shri S.K. Haldar, Judicial Magistrate First Class (II), at Port Blair in G.R. Case No. 1072 of 1991 was upheld. The petitioner, having been found guilty of the offence under section 454 IPC, has been sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs. 500/- in default to undergo rigorous imprisonment for one month more.2. The prosecution case, put in a short compass, was that on 4.9.1991 at about 11 AM the informant, namely, S.K. Krishnan, while passing by the side of his rented accommodation, noticed that some portion of its door had been slightly opened. Thereupon, he could noticed the presence of the petitioner inside the said room. The petitioner was thereafter caught hold at the spot...

Biswanath Alias Debkumar Pathak Vs. Shyamal Kumar Pathak and ors.

Court: Kolkata

Reported in: (1995)1CALLT127(HC),[2001]103CompCas479(Cal)

Nisith Kumae Batabyal, J.1. This hearing arises out of an application under Article 227 of the Constitution of India, and is directed against the order dated March 12, 1993, passed in S. C. Case No. 59/A of 1993 in the State Consumer Disputes Redressal Commission, West Bengal, affirming an order dated December 23, 1992, and setting aside an order dated February 4, 1993, passed by the Calcutta District Consumer Disputes Redressal Forum in C. D. F. Case No. 1507 of 1992.2. The appeal arose out of an order dated February 4, 1993, for reopening a disposed of case being C. D. F. Case No. 1507 of 1992 on the application of the petitioner herein Biswanath Pathak who was O. P. No. 3 in the C.D.F. case stated above. The main contention of the petitioner herein (Biswanath) is that order dated December 23, 1992, disposing of the C. D. F. Case was passed without notice to him. On the said application filed by the petitioner herein, Biswanath, the Calcutta District Forum passed the order dated Febr...

In Re: Smt. Sukla Mukherjee

Court: Kolkata

Reported in: (1995)1CALLT284(HC)

Nripendra Kumar Bhattacharyya, J.1. The Affidavit-of-service filed on behalf of the petitioner be kept with the record. In spite of service none appears for O.P. No. 2.2. By this revisional application the accused petitioner has challenged order dated 30.7.94 passed in G.R. Case No. 1381 of 1993, by the Ld. Metropolitan Magistrate, 6th court in a case Under Section 120B/498A/420/406 of the I.P.C.3. Smt. Indrani Mukherjee, O.P. No. 2 herein filed a petition of complaint before the Ld. Metropolitan Magistrate wherein he directed the police to investigate the case in exercise of his pomer Under Section 156(3) of the Cr.P.C. and upon that complaint the Bowbazar P.S. Case No. 160 dated 13.5.93 Under Section 120B, 498A, 420 and 406 was initiated and on the basis of that P.S. Case, G.R. Case No. 1381/93 was started before the Ld. Metropolitan Magistrate, 6th court, Calcutta. In that G.R. Case the present petitioner made an application for personal exemption from appearance Under Section 205 o...

Swapan Kumar Chakravorti Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: 1995CriLJ3090

ORDERSatya Brata Sinha, J.1. The petitioner in this application has, inter alia, prayed for the following reliefs:(a) A writ in the nature of Mandamus may be issued commanding the Respondents or Respondent/Respondents concerned to quash and/or set aside the purported Criminal Proceeding being G.R. No. 315/84 (T.R. No. 210/87) under Section 419 of IPC pending in the Court of the learned S.D.J.M. at Barasat, North 24-Parganas and grant full and/or final registration in favour of the petitioner as a Medical Practitioner on the basis of his application for final registration which is being withheld by the West Bengal Medical Council and/or forbear from taking any step or further step pursuant to the purported criminal proceeding would cause prejudice to the petitioner in any manner whatsoever in violation of Article 21 of the. Constitution of India in any manner whatsoever till the disposal of the writ application;(b) A writ in the nature of certiorari may be issued directing the concerned...

Mukunda Lal Ganguly Vs. Abhijit Ghosh and Another

Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata

A.K. Bhattacharjee, President: (1) This complaint has been filed by one Mukunda Lal Ganguly against 2 (two) Doctors of the Medical College claiming compensation against them for a lodged negligent operation of his eyes. The case of the complainant in brief is as follows: (2) The complainant-petitioner had his left eye operated in the year 1955 by one Dr. Balai Mitra of the Medical College and Hospital, Calcutta for curing ratina detachment problem and the operation was a successful one. In the year 1980 the power of vision of the right eye of the complainant became decreased to great extent for which the complainant went to the Eye Department of the Medical College and Hospital where he was treated as an out-door patient under Dr. P.R. Chatterjee (OP No. 2). On the advice of the said Doctor he was admitted in the Hospital as an in-door patient for surgical operation of his eye. It has been alleged mat although OP No. 2 Dr. Abhijit Ghosh was to operate on his eye, the operation was ulti...