Kolkata Court March 1994 Judgments
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In Re: Monoranjan Manna Alias Mintu Manna
Court: Kolkata
Decided on: Mar-11-1994
Reported in: (1994)1CALLT424(HC)
1. This revisional application seeks to set aside an appellate order affirming the conviction of the petitioner by a learned Trial Judge under Section 326 I.P.C. on the apparently substantial ground that Section 313 Code of Criminal Procedure has not been complied with as the learned Trial Judge did not put to the petitioner during the examination under Section 313 Cr. P.C., the evidence regarding the alleged permanent disfiguration of face suffered by the victim Manindra as a result of acid throwing by the petitioner. The learned Advocate for the petitioner has tried to bolster his point by relying upon the decision in Sarada's Case : 1984CriLJ1738 .2. The judgment of the learned Trial Judge reveals that there were several eye witnesses to the incident of acid throwing by the petitioner and it has not been urged by Mr. Sengupta, the learned Counsel for the petitioner, that these evidence were not pointed out to the petitioner under Section 313 Cr. P.C. Thus we can proceed on the assum...
Durgapur Projects Limited and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-11-1994
Reported in: (1994)1CALLT462(HC)
Susanta Chatterji, J.1. The present writ petition has been filed praying inter alia :-(a) Issue a writ or in the nature of Certiorari to the Respondents requiring them to transmit and certify to this Hon'ble Court the records of the proceedings had before them for the purpose of scrutiny and examination by this Hon'ble Court so that the impugned order dt. 31.1.92 (Annexure F) is quashed.(b) Issue a writ of in the nature of Mandamus do issue commanding the respondents and each one of them by themselves or by their agents and/or subordinates from giving any effect to and/or proceeding on the basis of the impugned order dated 31.1.92 (Annexure F to this petition) ;(c) A writ of or in the nature of Prohibition do issue prohibiting the respondent No: 3 from proceeding on the basis of the order of reference bearing No. 1878-IR dated 12.8.91 (Annexure 'A' to this petition) ;(d) A Rule NISI in terms of the above prayers and no cause or insufficient cause being shown the same may be made absolu...
In Re: Mihir Mondal and ors.
Court: Kolkata
Decided on: Mar-10-1994
Reported in: (1994)1CALLT411(HC)
Altamas Kabir, J.1. In this writ application the petitioners have challenged a notice dated 25th January, 1994 issued by some of the members of Hamirhati Gram Panchayat, District Bankura, giving notice that a meeting of the Gram Panchayat would be held on 4th February, 1994 for the purpose of ascertaining confidence of the members against the Prodhan as also the Upa-Prodhan. It appears that when the matter was initially moved on 21st February, 1994, this Court directed the parties to maintain status quo as regards possession for a period of two days and thereafter, the interim order was directed to continue till 25th February, 1994. In the meantime, it appears that pursuant to the resolution adopted at the meeting on 4th February, 1994 the Prodhan and Upa-Prodhan were sought to be removed from their respective offices and the charge of the office of the Prodhan was assumed by Smt. Chhanda Konar, respondent No. 11 herein.2. Pursuant to the above, an application for further interim order...
Asoke Kumar Mitra Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Mar-10-1994
Reported in: 1994CriLJ2682
ORDERArun Kumar Dutta, J.1. An important question of law raised which falls for consideration in these two Revisional Applications is whether the employees of Nationalised Banks could be held to be Public Servants within the meaning of Section 21, Indian Penal Code, who could be tried by Special Courts for offences triable by such Courts. The question arises in the following facts and circumstances.2. The accused-petitioner (hereinafter referred to as petitioner) was the Branch Manager of the Bank of India, Sarat Bose Road Branch, Calcutta, during the material time. On account of some misunderstanding and grudge of some Senior Officers of the said Bank the relevant case has been instituted against him (petitioner) on the allegation that he had misappropriated a total sum of Rs. 4,000/- only from the Bank in respect of deposits made by the loanees by showing short deposits in the relevant Register and Deposit Slips on 16-3-82, 19-4-82 and 10-6-82, as alleged in the F.I.R., and thereby c...
Arun Kumar Mukherjee and anr. Vs. Bokaro Steel Employees (Calcutta) an ...
Court: Kolkata
Decided on: Mar-09-1994
Reported in: (1994)2CALLT147(HC)
Susanta Chatterji, J.1. An application for stay of operation of the order appealed against being order dated 17th August, 1993, made by the learned Assistant District Judge, Seventh Court at Alipore, in Title Suit No. 107 of 1993 came up for hearing before this Court. As suggested and agreed, the application and the first miscellaneous appeal itself are taken up for disposal. Filling of formal paper books is dispensed with.,2. Having heard Mr. Tapan Kumar Mitra, learned Advocate for the defendants-petitioners-appellants and Mr. Shyama Prasanna Roychowdhury with Mr. Narayan Chandra Bhattacharyya, learned Advocates for the plaintiffs-opposite parties-respondents, it transpires that a comprehensive title suit being Title Suit No. 107 of 1993 has been filed before the learned Assistant District Judge, 7th Court at Alipore for specific performance of contract relating to the properties consisting of 3.21 acres of land situated at Mouza Paschim Barisa.3. Having heard Mr. Tapan Kumar Mitra, l...
Swapan Mondal and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-08-1994
Reported in: (1994)2CALLT26(HC),[1995(70)FLR221],(1995)IILLJ153Cal
ORDERG.R. Bhattacharjee, J.1. The six writ petitioners of this writ petition have from time to time been engaged as Casual Labourers on daily-wages basis under the Collectorate of Howrah. The District Magistrate, Howrah issued a circular under Memo No. 406 RG (NZ) dated August 8, 1991, Annexure-D to the writ petition regarding the procedure to be followed in the matter of engaging any contingent labourer in any department. Clause (4) of that circular provides that no contingent labourer shall be engaged (by any officer) for a period of more than 15 days a month provided under the existing Government orders. The petitioners are aggrieved mainly against the said Clause (4) of the said circular. Incidentally, the other clauses of the said circular may also be briefly stated here. Clause (1) provides that there shall be a requisition from the officer concerned for any engagement (of any contingent labourer) which shall be sent to the Nezarath Dy. Collector well ahead. Clause (2) inter alia...
Modern Fibotex India Ltd. and anr. Vs. Deputy Commissioner of Income-t ...
Court: Kolkata
Decided on: Mar-07-1994
Reported in: (1995)126CTR(Cal)69,[1995]212ITR496(Cal)
Ruma Pal, J.1. The issue in this case relates to the validity of an intimation under Section 143(1)(a) and the constitutionality of the provisions of Section 143(1)(a) and Section 143(1A) of the Income-tax Act, 1961 (referred to as 'the Act').2. The issue arises in the background of the following facts.3. Petitioner No. 1 is a company (referred to as 'the company'). The company exports diverse goods. In respect of its export, the company became entitled to receive cash compensatory support from the Government of India. For the assessment year 1989-90, the company received cash compensatory support amounting' to Rs. 7,99,144 from the Government. The company filed its return for the assessment year in question claiming that the amount received by it on account of cash compensatory support was not taxable. However, in the return, the company stated that in case the amount was considered as taxable it may be assessed subject to the company's right of appeal or other remedy available under ...
Nepal Chandra Dey Vs. the Registrar of Co-operative Societies, Governm ...
Court: Kolkata
Decided on: Mar-07-1994
Reported in: (1994)2CALLT140(HC)
Gitesh Ranjan Bhattacharjee, J.1. The petitioner of this writ petition filed under Article 226 joined service as Inspector of Co-operative Societies, Burdwan Municipal Circle and the Burdwan Range-I on 9-4-77. While serving in Burdwan Municipal Circle he was also appointed to act as Administrator of Southend Co-operative Housing Society Ltd. By order dated 10-2-78 the petitioner was transferred from Burdwan Municipal Circle to Kurshiang Development Block. It is the contention of the respondents that the petitioner remained absent from his duties from 2-3-78 without praying for leave or showing any reason and without permission from the Authority. Thereafter a departmental proceeding was started against the petitioner under Memo No. 772 dated 11-1-79. On 12-7-79, Krishna Gopal Bose, Inspector of Co-operative Societies of Burdwan Municipal Circle lodged F.I.R. with police for defalcation of funds and in that connection the petitioner was arrested by the police from Udaypur under Nimta P....
Suraj Rai and Bros. Vs. Coal India Ltd.
Court: Kolkata
Decided on: Mar-05-1994
Reported in: (1994)2CALLT121(HC),[1995]82CompCas805(Cal)
Baboo Lall Jain, J. 1. This is an application under Section 41 of the Arbitration Act made by Suraj Rai and Brothers praying, inter alia, for an order of injunction restraining Coal India Ltd., the respondent herein, from encashing the bank guarantees mentioned in paragraphs 7 and 41 of the petition. The petition also prays for a mandatory injunction directing Coal India (sir). The petitions are as hereunder :The particulars of the bank guarantees as given in paragraph 7 of the petition are as hereunder : 'Particulars of the bank guarantee.Bank guarantee No.DateAmount(Rs. in lakhs)36/8518-07-13857.5046/8515-08-19855.5095/8925-05-19895.00 18.00 2. The said bank guarantees were given by the Canara Bank, Lower Circular Road Branch, Calcutta, in favour of Coal India Ltd. The said bank guarantees, according to the petitioner, have been extended from time to time and at present the extended date in respect of the said three bank guarantees is July 15, 1994.3. The case made out by the petitio...
Joydeb Chakraborty Vs. Smt. Bharti Chakravarty
Court: Kolkata
Decided on: Mar-04-1994
Reported in: 1994CriLJ2234
ORDERN.K. Batabyal, J.1. This revisional case arises out of an application under Section 482 read with Section 401 of the Cr. P. C., 1973 and is directed against an order dated 23-2-93 passed by the learned 3rd Judicial Magistrate, Howrah in Misc. Case No. 10/83 in a proceeding under Section 127 of the Cr. P. C.2. The marriage between the petitioner and the opposite party No. 1 was solemnised according to Hindu rites and Customs on 20-4-1976. After the marriage the parties lived together and the relationship between the parties became strained and the wife-opposite party deserted the husband. Attempts at compromise failed. In 1980 the husband filed Matrimonial Suit No. 116/80 in the Court of the learned District Judge, Howrah for restitution of conjugal rights but he withdrew that suit in January, 1983. The wife then filed an application under Section 125 of the Cr. P.C. in the Court of the learned S.D.J.M., Howrah praying for maintenance at the rate of Rs. 200/- per month. The learned...
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