Kolkata Court August 1994 Judgments
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Bablu Sheikh and Anarul Sheikh Vs. the State West Bengal
Court: Kolkata
Decided on: Aug-17-1994
Reported in: (1994)2CALLT218(HC)
Rabin Bhattacharyya, J.1. The appellants, Bablu & Anarul Sheikh, who have suffered a conviction and sentence under Section 302/34 of the Indian Penal Code, 1860, for having commitetd the murder of Manirul Haque on 21.11.83 at about 7.30 a.m., have come up in Appeal challenging the propriety and legality of the conviction and sentence.2. Mr. Talukdar, the learned Advocate, appearing in support of the Appeal before addressing ourselves to the merit of the Appeal has taken us through the judgement and the examination of the accused, in particular, Bablu Sk recorded by the learned trial Judge to indicate that the appellant was prima facie a minor as on the date of occurrence dated 21.11.83.3. It is glaring from his examination recorded under Section 313 of the Cr. P.C. on 16.12.91 that he was 22 years of age.4. The learned trial Judge is categoric in the sentencing portion of the judgement about the claim put up dwelling on minority of his.5. Mr. Talukdar has submitted that by a mere larit...
Magnum Enterprises Represented by Surindra Bantia Vs. the State and Sa ...
Court: Kolkata
Decided on: Aug-12-1994
Reported in: (1994)2CALLT326(HC)
Nripendra Kumar Bhattacharyya, J.1. No one appears on behalf of the State of West Bengal in spite of notice and the affidavit of service having been filed. Let the affidavit of service affirmed on 3rd February, 1994 be kept on record.2. This revision is at the instance of the partnership firm under the name and style of M/s. Magnum Enterprises, represented by one Surinder Bantia, a partner of the Firm. The petitioner herein challenged the order dated 4th May, 1992 passed by the learned Judicial Magistrate, 5th Court, Alipore, South 24-Parganas, in Case No. C 393 of 1992, directing issuance of warrant of arrest against the firm.3. The fact giving rise to this present revisional application is that the opposite party no. 2 herein filed a petition of complaint before the learned Sub-divisional Judicial Magistrate, Alipore, against the Firm, petitioner herein, and its partner Sri Surinder Bantia and the Manager of the Firm, Sri Bejoy Bahadur Singh, alleging an offence against these accused...
Poysha Industrial Company Ltd. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Aug-11-1994
Reported in: (1994)2CALLT330(HC),[1995(70)FLR154],(1995)IILLJ137Cal
Ashok Kumar Chakravarty, J.1. This writ petition is directed against the order (under Section 14B of the Employees' Provident Fund & Miscellaneous Provisions Act, 1952 dated December 13, 1993) passed by the Regional Provident Fund Commissioner, West Bengal, the Andaman & Nicobar Islands which was communicated to the petitioner by Memo No. A/045/WB/25896/Damage/50/35 dated January 25, 1994.2. The petitioner Company's case is that it has its factory at Budge Budge Trunk Road, Post Office-Maheshtolla, District-24 Parganas (S). The Company was having business of manufacturing different types of goods. It was alleged that it wanted a separate Provident Code Number. The said authorities did not allot the same initially for its Budge Budge factory. Petitioner thereafter deposited a sum of Rs.41,987.30paise with the Provident Fund Authorities towards its provident fund dues from September, 1987 to July, 1988 and the said authorities was informed about the matter on August 31, 1988. On November...
Suresh Chandra Ghosh Vs. Dilip Kumar Ghosh and ors.
Court: Kolkata
Decided on: Aug-11-1994
Reported in: (1994)2CALLT408(HC),99CWN108
Samir Kumar Mookherjee, J.1. This appeal is directed against Order No. 9, dated 3rd January, 1994, passed by the learned Assistant District Judge, Malda, in P. Suit No. 145/93 whereby the learned Judge rejected an application under Section 34 of the Arbitration Act preferred on behalf of the defendant, who is the appellant before us;, and allowed an application for appointment of Receiver, preferred on behalf of the plaintiffs/respondents.2. We have heard Mr. Bose, in support of the appeal and Mr. Roy Chowdhury, for the contesting respondents. As already stated. there was a prayer under Section 34 of the Arbitration Act, which stood rejected. The said prayer has been sought to be justified on the basis of an allegation. or assertion in the application made by the defendant/appellant that there was a partnership agreement in existence between the plaintiff and respondents 1 and 3 and such partnership agreement embodied a Clause for reference of disputes between the partners to arbitrati...
Smt. Kalyani Roy Vs. Mannujan Bewa and ors.
Court: Kolkata
Decided on: Aug-11-1994
Reported in: (1994)2CALLT427(HC)
Bijitendra Mohan Mitra, J.1. The instant Misc. Appeal is directed against the judgment and order dated 8th May, 1990 passed by the learned Additional District Judge, 6th Court, Alipore in Title Appeal No. 442 of 1988 and in terms of the order passed therein the appeal was allowed and the Appeal Court remitted the case back to the Trial Court. The Trial Court by its judgment and order No. 47 dated 29.8.88 disposed of an application on twin points namely, whether the suit is maintainable in view of non-joinder of necessary parties and the point of limitation. The Trial Court has recorded a finding while making disposal of the said application that the suit is barred by law of non-joinder of necessary parties. A suit may be bad for non-joinder of necessary parties, but it is difficult to reconcile to the proposition of law that there may be an absolute bar of a suit flowing from non-joinder of necessary parties. That apart the said point cannot be taken up as a preliminary point within th...
Sri Suresh Chandra Sarkar Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-11-1994
Reported in: (1997)1CALLT81(HC)
Altamas Kabir, J. 1. The petitioner is an Inspector of Police and as on 30th September 1993, he was working as Circle Inspector of Police Bagdogra and was under the Administrative Control of the Superintendent of Police, Darjeeling. 2. It appears that during his career as Inspector of Police, the petitioner worked as Circle Inspector, Raghunathpur, Purulia from 9th November 1978 till December 1982, and was thereafter transferred to the post of Inspector, Highway Patrol Nadia, from 1st January 1983, till 20th February 1984, when he was passed as Inspector-in-Charge, Krishnanagar Police Station from 20th February 1984. Thereafter, the petitioner was again posted as Circle Inspector at Bolpur from 28th January, 1987 till 11th September 1990 and as Inspector-in-Charge, Siliguri Police Station from 15th September 1990 to 26th March 1991. 3. Subsequently the petitioner was posted as Circle Inspector, Bagdogra, from 26th March 1991, and as mentioned hereinbefore, on 30th September 1993, he wa...
Dr. Banipada Saha Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Aug-11-1994
Reported in: (1995)1CALLT337(HC),99CWN455
Gitesh Ranjan Bhattacharjee, J.1. The petitioner is a member of the Indian Police Service (I.P.S., for short). He was appointed to the I.P.S. as a direct recruit in 1963 and was allotted to the Orissa Cadre. In November 1990 he was brought on deputation as Chief Security Commissioner-cum-Inspector General, South-Eastern Railway in the Railway Protection Force (R.P.F.) under the Government of India. At present the top post in the R.P.F. is the post of Director General. Since the retirement of the earlier incumbent Shri Raja Shreedharan from the post of the Director General, R.P.F. on 31-3-93 the petitioner has been looking after the current duties of the post of Director General, R.P.F. in addition to his own duties as the Chief Security Commissioner-cum-Inspector General, R.P.F., South-Eastern Railway pending filling up of the post of Director General on regular basis. The petitioner's claim is that being the seniormost Inspector General in the R.P.F. and having served for more than 3 ...
Boeing Company Vs. R.M. Investment and Trading Co. Pvt. Ltd.
Court: Kolkata
Decided on: Aug-09-1994
Reported in: (1994)2CALLT300(HC),99CWN1
Krishna Chandra Agarwal, C.J.1. R.M. Investment & Trading Company Private Limited (briefly stated as 'R.M.I.') the plaintiff-respondent was the Company incorporated under the Companies Act, 1956. In and around 1986, R.M.I. entered into an agreement with Boeing Company (for short 'Boeing'), a company incorporated under the laws of the State of Delaware, United States of America. R.M.I. agreed to provide consultant services for promotion of sale of Boeing Aircraft in India. The said agreement was initially agreed to be operative till December 31, 1986 but subsequently the agreement was extended till April 30, 1987. In August 1987, definitive purchase agreement to purchase two Aircrafts was executed between Boeing and Air India, a body corporate under the Air Corporation Act, 1953, R.M.I. claimed! commission from Boeing on the said transaction but Boeing refused to pay the same. In April 1970, R.M.I, filed suit No. 363 of 1970 on the Original Side of the Calcutta High Court against Boeing...
Kalyani Spinning Mills Ltd. and Others Vs. Smt. Sudha Sashikant Shroff ...
Court: Kolkata
Decided on: Aug-08-1994
Reported in: AIR1995Cal48
ORDERMukul Gopal Mukherji, J. 1. This appeal filed by Kalyani Spinning-Mills Ltd., is Managing Director and its Sales Officer impugns a judgment and order dated 6th August, 1993 passed by P. K. Majumdar, J. in Matter No. 2922 of 1992. 2. The learned single Judge by virtue of the said order directed Kalyani Spinning Mills Ltd. to rescind and not to give any effect to advertisements published in 'The Statesman' dated 4th Sept., 1992 in terms of prayer (a) of the petition and gave a further direction upon the said respondent, Kalyani Spinning Mills Ltd. forthwith to deliver the goods or machinery in favour of the writ petitioner (Respondent No. 1 in the present appeals). Smt. Sudha Sashikant Shroff carrying on business under the name and style of Sudha Textile Traders in terms of prayer (b) of the writ application in respect of 64 items which were the subject matter of a contract in between the writ petitioner on the one hand and Kalyani Spinning Mills Ltd. on the other on payment of the ...
Ashok Bairagya Vs. State of West Bengal
Court: Kolkata
Decided on: Aug-08-1994
Reported in: 1995CriLJ2467
Basudeva Panigrahi, J. 1. This appeal assails the order of conviction dated 30th January, 1980 passed by the Ld. Sessions Judge, Bankura and sentence to undergo rigorous imprisonment for life. 2. The prosecution story stated in brief is that deceased, Subhadra, the sister of P.W. 1 Jagannath Mahanta was given in marriage to the appellant Asok Bairagya on 9 Baisakh, 1392 B.S. After the marriage she used to live for sometime in his house and one month before the date of incident she came to the house of P.W. 1 accompanied by her father-in- law. On 7-8-85, the appellant came to the house of P.W. 1 and impressed his family members that he would take hack Subhadra to his house and on his way would take her to the house of his Mashi (maternal aunt) at village Raibechini within P.S. Kotulpur. On 9-8-85 at about 10 a.m. the appellant and P.W. 1's sister, Subhadra proceeded from the house of P.W. I towards Mashi's house of the appellant. On the way around 3/3-30p.m. one Sanyasi Mallick (P.W. 6)...
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