Kolkata Court August 1994 Judgments
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Biswanath Agarwala Vs. State of West Bengal and Others
Court: Kolkata
Decided on: Aug-25-1994
Reported in: AIR1995Cal68,99CWN720
ORDER1. The learned Advocate for the respondents appeared to-day and prayed for leave to file the Affidavit-in-Opposition at this stage, belated though and also prayed for addressing the court. The affidavit-in-opposition is accepted and the learned Advocate for the respondents is permitted to make submissions. The learned Advocate for the petitioner was heard on an earlier date. 2. After hearing the submissions of theLd. Advocate for the respondents the judgment is passed. 3. The petitioner was granted licence by the Assistant Director of Consumer Goods, West Bengal to act as agent for distributing/ dealing in Kerosene Oil. He has been carrying on business as such agent since 1963. He has moved this writ petition under Article 226 challenging the order conveyed by the Assistant Director of Consumer Goods, West Bengal under his Memo No. CG/ K. Oil/Agt/Ramp/2/66/1700 dated 29-7-93 by which the said Assistant Director of Consumer Goods, purportingly in exercise of the power conferred upo...
Lift Engineering Services Pvt. Ltd. and anr. Vs. P.K. Bhattacharyay an ...
Court: Kolkata
Decided on: Aug-24-1994
Reported in: (1995)IILLJ246Cal
Arun Kumar Datta, J. 1. By this Application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as Code), the petitioners-accused (hereinafter referred to as accused) have prayed the Court for quashing of the relevant proceedings, being Case No. C-395/87/T- 193/90, pending before the Sub-Divisional Judicial Magistrate, Barrackpore, 24-Parganas (North), on the grounds made out therein.2. The accused have been prosecuted before the Court below for having allegedly committed offences punishable under Sections 23, 24 read with Section 26 of the Contract Labour (Regulation and Abolition) Act, 1970 hereinafter referred to as Act)/The West Bengal Contract Labour (Regulation and Abolition) Rules, 1972 (hereinafter referred to as Rules) on the allegations made in the Petition of Complaint. It is alleged therein that the petitioner-accused No. 1 is a Contractor as defined in Section 2(e) of the aforesaid Act and the petitioner-accused No. 2 is the Director of the accused...
Bagdigi Kujama Collieries Co. (1946) Ltd. Vs. Assistant Commissioner o ...
Court: Kolkata
Decided on: Aug-23-1994
Reported in: [1994]51ITD388(Cal)
ORDER--Matter remanded by CIT(Appeals) for fresh disposal.Ratio:The Commissioner (Appeals) in his earlier order having not decided the issue and merely remanded the matter to the assessing officer for fresh decision, the said order was rectifiable under section 154.Held:The contention of the assessee that the earlier order of the assessing officer got merged in the order of the Commissioner(Appeals) and hence the same could not be rectified under section 154, is not justified in view of the fact that the Commissioner(Appeals) in his earlier order did not decide the issue and merely remanded the matter to the assessing officer for fresh decision. In that view of the matter, no point of law or fact in the order passed by the assessing officer can be said to have merged in the order of the Commissioner (Appeals).Application:Also to current assessment years.Income Tax Act 1961 s.154 ...
M/S. Electro Metal Industries and Another Vs. Smt. Rukmani Devi and Ot ...
Court: Kolkata
Decided on: Aug-22-1994
Reported in: AIR1995Cal84,(1995)1CALLT147(HC),99CWN267
ORDER1. The instant revisional application under Article 227 of the Constitution is directed against the Order No. 12, dated 27-6-1994 passed by the learned Additional District Judge, 6th court, Alipore, dismissing the Civil Revision Case No. 338 of 1993 inter alia holding as non-maintainable. The learned Assistant District Judge in the impugnedorder has counterposed a relevant question and the same has been simultaneously answered by him and the learned District Judge has opined that whenever one Misc. Appeal was disposed of by an Assistant District Judge being equipped with the delegated power of the learned District Judge for the purpose of hearing a particular appeal, the self same forum cannot further entertain any application for revision against the order of that particular misc. appeal which was admitted by the learned District Judge. It is well known that powers of revision are powers included within the general powers of an appeal court and the appeal court can only be vested...
Shri Indubhusan Das Gupta Vs. the State Represented by Inspector of Po ...
Court: Kolkata
Decided on: Aug-22-1994
Reported in: (1994)2CALLT351(HC)
Arun Kumar Dutta, J.1. By this Revisional Application under Section 397, read with Sections 401 and 482 of the Code of Criminal Procedure (hereinafter referred to as Code the petitioner-accused (hereinafter referred to as accused) has prayed the Court for setting aside the order dated 16th March, 1990 passed by the learned Additional Special Judge of Burdwan at Asansol in Special Case No. 6 of 1977 before him, and also for quashing of the aforesaid proceedings on the grounds made out therein ; mainly on the ground-of delay in trial of the case and also on the ground that the F.I.R., as it is, and the materials disclosed by the prosecution do not make out any offence for proceeding against him.2. It is contended by the petitioner-accused that he had been serving as Senior Stores Officer in Alloy Steel Plant at Durgapur during 1972-73. While discharging his official duties as such he had incurred the displeasure of some persons who had made complaints against him behind his back. On the ...
Dr. Narayan Mukherjee Vs. Smt. Krishna Dey (Mukherjee)
Court: Kolkata
Decided on: Aug-22-1994
Reported in: (1996)2CALLT28(HC)
1. The husband/petitioner filled Matrimonial Suit No. 47 of 1992 in the 4th Court of the learned Additional District Judge at Alipore, South, 24-Parganas, against the wife/caveator/opposite party for a decree for divorce on the ground of cruelty and the same was decreed ex-parte on 19th January, 1993.2. Subsequently, the wife/caveator/opposite party filed an application under Order IX Rule 13 read with Section 151 of the Code of Civil procedure together with an application under Section 5 of the Limitation Act for setting aside the aforesaid ex-parte decreed on condonation of delay, alleging inter alia, that no summons of the suit was served upon her and the ex-parte decree was obtained by the husband/petitioner by suppression of summons and by forging the signatures of the wife/caveator/opposite party on the service return of summons and also on the acknowledgement card and she had no previous knowledge of the suit prior to 29th April. 1993 and 30th April, 1993, and the same gave rise...
indubhusan Das Gupta Vs. State (inspector of Police, C.B.i.)
Court: Kolkata
Decided on: Aug-22-1994
Reported in: 1995CriLJ1180
ORDERA.K. Dutta, J.1. By this Revisional Application under Section 397, read with Sections 401 and 482 of the Code of Criminal Procedure (hereinafter referred to as Code) the petitioner-accused (hereinafter referred to as accused) has prayed the Court for setting aside the order dated 16th March, 1990 passed by the Learned Additional Special Judge of Burdwan at Asansol in Special Case No. 6 of 1977 before him, and also for quashing of the aforesaid proceedings on the grounds made out therein; mainly on the ground of delay in trial of the case and also on the ground that the F.I.R., as it is, and the materials disclosed by the prosecution do not make out any offence for proceeding against him.2. It is contended by the petitioner-accused that he had been serving as Senior Stores Officer in Alloy Steel Plant at Durgapur during 1972-73. While discharging his official duties as such he had incurred the displeasure of some persons who had made complaints against him behind his back. On the b...
Haryana Plywood Industries Vs. Collector of Customs
Court: Kolkata
Decided on: Aug-22-1994
Reported in: 1994(74)ELT224(Cal)
Tarun Chatterjee, J.1. The writ petitioner No. 1, M/s. Haryana Plywood Industries, is a partnership firm engaged in the manufacturing of Jawala Ply, Jawala Boards and Jawala. The writ petitioner No. 2 is its partner and writ petitioner No. 3 is the agent of the writ petitioner No. 1.2. The writ petitioners imported 62 crates of wood (rough packed but not further prepared) falling under Central Excise Tariff Item Nos. 4408.92 read with Notification Nos. 62/85 dated 17th of March, 1985 and 311/86 dated 13th of May, 1986 attracting basic Customs Duty at 10% ad valorem. The consigned goods arrived at Calcutta Port on 3rd of October, 1986 from Singapore by a vessel. The Notification Nos. 439/87-Cus. and 440/86-Cus., which had the effect of enhancing the Customs duty and auxiliary duty to 60% of ad valorem and 40% of ad valorem respectively, were issued on 6th of October, 1986. The writ petitioners filed a Bill of Entry on 8th of October, 1986 and the assessment was made on the basis of the ...
Sankar Thakur Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Aug-18-1994
Reported in: (1995)2CALLT287(HC)
Gitesh Ranjan Bhattacharjee, J.1. The petitioner while serving as a Constable of the Railway Protection Force of South-Eastern Railway was served with a suspension order dated 3-12-87. By that order the petitioner was placed under suspension on ground of act of indiscipline. Subsequently however by an order dated 25-1-88 the said suspension was revoked. A domestic enquiry however was started against the petitioner. The statement of charge had been annexed as Annexure-C to the writ petition. The charge against the petitioner was that he created nuisance in G.R.C. hospital premises and also misbehaved with on-duty DMO/Casualty at G.R.C. on 1-12-87. In the statement of allegation in connection with the said charge, it is stated that the petitioner had 'C shift duty on 31-11-87 but he remained absent on that date and sent one intimation of indisposition to the RPF-Post/GRC through his daughter and on 1-12-87 he was issued with a medical memo from the post on his demand and the petitioner a...
Dr. H.R. Othmording Alias Dr. Henizo Othmording Vs. Sri Amar Sinha and ...
Court: Kolkata
Decided on: Aug-17-1994
Reported in: (1994)2CALLT320(HC)
Nripendra Kumar Bhattacharyya, J.1. By this revision, the petitioner has prayed for quashing of the proceeding in C Case No. 1188 of 1993 pending before the court of learned Chief Judicial Magistrate, Alipore.2. Upon a petition of complaint by opposite party No. 1 herein the learned Chief Judicial Magistrate, Alipore, took cognizence of an offence against the petitioner herein by his order No. 1 dated 1.12.93.3. The gravement of the opposite party was, in his petition of complaint, that the petitioner herein was the chief of bureau of Deutsche Press Agency, which was a private organisation, having its office, amongst other places, at 39, Golflinks, New Delhi. The Deutsche Press Agency is having its registered office at Mittlewg D-20148 Hamburg, and the petitioner, accused No. 1, has a branch office in India. The petitioner was engaged in collecting and disseminating the news all over the world for publication in the various newspaper being published in India and abroad by various newsp...
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