Kolkata Court December 1994 Judgments
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M/S. Vinayak Conclave Private Ltd. and Others Vs. Life Insurance Corpo ...
Court: Kolkata
Decided on: Dec-08-1994
Reported in: AIR1995Cal113
ORDER1. This hearing arises out of an application under Section 115 of the C.P.C. and is directed against the order dated 3rd October 1994 passed by the teamed District Judge, Alipore in Misc. Appeal No. 408/74 arising out of the Order No. 2 dated 26th July, 1994 passed by the learned Assistant District Judge, 8th Court. Alipore in Title Suit No. 60/94.2. The petitioners are the purchasers of premises No. 55/1, Kabi Bharati Sarani, Calcutta (formerly known as Lake Road) by purchase from the opposite parties Nos. 2 to 9 by valid Deeds of Conveyances executed pursuant to and in terms of the decree dated 5th July, 1993 passed by this Hon'ble Court in Suit No. 544/92 (Assam Bengal Veneers (P) Ltd. v. Mohit Ghosh). As a matter of fact, against an order passed in the said Suit an appeal was taken being Appeal No. 897/92 and a compromise petition was filed in the Appellate Court and a decree was passed in pursuance of this compromise petition. About a couple of months after the passing of the...
Damodar Valley Corporation Vs. Mrityunjoy Basu and ors.
Court: Kolkata
Decided on: Dec-08-1994
Reported in: (1995)1CALLT275(HC)
Bhagabati Prasad Banerjee, J.1. This is an appeal against the order dated 23.6.92 as well as the orders dated 15.7.92 and 20.7.92. The writ application was disposed, of by the learned Trial Judge by the order dated 23.6.92. The said order reads as follows :'By consent of the parties, there shall be an order to the following effect :The concerned Rent Controller having territorial jurisdiction over premises No. 10, Belvedere Road, Alipore, Calcutta-27 shall fix the rent of the said premises, being totally uninfluenced by the provisions of the statute. In order to determine the rent in terms of this order, the Rent Controller shall afford an opportunity of hearing to the parties to adduce documentary evidence, if any, before him. The Rent Controller shall also take into consideration the rent in the adjoining premises or premises in the vicinity for the purpose of assessment of rent. The rent so ascertained shall also include the service charge and the maintenance charges. The Municipal ...
Smt. Seema Sarkar Vs. the State
Court: Kolkata
Decided on: Dec-07-1994
Reported in: (1995)1CALLT95(HC)
Nripendra Kumar Bhattacharyya, J.1. The accused petitioner has challenged the proceeing in G.R. Case No. 664 of 1993 arising out of Bhatar Police Station Case No. 42 of 1993 dated 18th May, 1993 under Section 21(2) of the Mines and Minerals (Regulation and Development) Act, 1957 and Section 379 of the Indian Penal Code. The said G.R. Case is pending before the court of the learned Sub-Divisional Judicial Magistrate, Burdwan. 2. The short background of the case is that the Block Land and Land Reforms Officer, Bhatar, lodged a complaint with the Bhatar Police Station as the Authority under the West Bengal Minor Minerals Rules, 1973 alleging, inter cilia, that the accused petitioner has unauthorisedly excavated the land amounting to 55.582 Cft. of ordinary clay for manufacturing brick without any authorised licence from the government and as such she has contravened Section 21(2) of the Mines and Minerals (Regulation and Development) Act, 1957 and Section 379 of the Indian Penal Code. Bha...
Rohit Kumar Modwel Vs. Sudipa R. Modwel
Court: Kolkata
Decided on: Dec-06-1994
Reported in: (1995)1CALLT359(HC),II(1995)DMC157
B.M. Mitra, J. 1. The present revisional application is directed against Order No. 2 dated 8th September, 1994 passed by the learned District Judge at Alipore in Act VIII, Case No. 245 of 1994. By the impugned order the Trial Court has issued a notice upon the Opp. Party-wife, directing her to produce the minor daughters before that Court on 29.9.94. The petitioner, husband, initiated a proceeding under Section 25 of the Guardians and Wards Act on the allegation that as soon as she left his house on 28th June, 1994 for a short trip put of the city and after his return on 1st July, 1994 the petitioner found that the Opp. Party and his minor children absent at his residence. He subsequently came to know that his wife along with the said children went to her father's house at Siliguri. There are further allegations and/or insinuation that the Opp. Party-wife had also taken away valuables from the residence at the time of departure and the further case that was made that the children born ...
Kanhailal Chowhan Vs. State of West Bengal
Court: Kolkata
Decided on: Dec-05-1994
Reported in: 1995CriLJ3283
Gitesh Ranjan Bhattacharjee, J.1. This criminal appeal is directed against the orders of conviction and sentence passed by the learned Sessions Judge, Howrah in Sessions Trial No. XXXVII(7)/91. The learned Sessions Judge by his impugned orders convicted the appellant/accused under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced him to rigorous imprisonment for 12 years and also to a fine of Rs. 1 lakh, in default, to R.I. for two years more. The prosecution case in short is that on receipt of secret information about clandestine deal in hereoin, a narcotic drug, a police party headed by S.I. Anup Kr. Ghosh of Narcotic Cell, C.I.D., West Bengal, Bhabani Bhawan went to the house of the appellant accused at 23, Netai Charan Dutta Lane under P.S. Howrah in the afternoon of 19th December, 1989 and there recovered and seized 20 small paper packets containing suspected heroin from a Complan couta (container) produced by the appellant himself from his room....
S. Mukhopadhyay Vs. T.D. Karamchandani
Court: Kolkata
Decided on: Dec-02-1994
Reported in: 1995LC433(Calcutta),1995(75)ELT39(Cal)
ORDERK.C. Agrawal, C.J.1. As directed by the judgment dated 3-10-1994 we are recording our reasons for the decisions taken.2. This appeal under Section 19 of the Contempt of Courts Act has been preferred by Sukumar Mukhopadhyay against the judgment of a learned Single Judge dt. 12th July, 1989 convicting him for contempt committed by not supplying the copies of the documents to the respondent T.D. Karamchandani.3. Briefly stated the facts are that T.D. Karamchandani (since deceased) was the Supdt. of Customs (Preventive) at the material time. He moved a Writ Petition in the Calcutta High Court challenging initiation of the departmental proceedings against him on 6th August, 1984. This court directed the Excise and Customs Department to give inspection/supply copies of the documents demanded by the respondent (hereinafter referred to as the deceased).The relevant portion of the order dated 6th August, 1984 is quoted below :'The respondent shall be at liberty to proceed with the impugned...
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