Kolkata Court August 1994 Judgments
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Bipadtaran Patra Vs. State of West Bengal
Court: Kolkata
Decided on: Aug-05-1994
Reported in: (1994)2CALLT363(HC)
Satya Brata Sinha, J.1. The writ application and the contempt matter are taken up together and are being disposed of by this common judgment.2. The petitioner has filed the writ application, inter alia, praying for issuance of a writ of or in the nature of Mandamus directing the respondents to issue letter of interview as per list sent by the Employment Exchange in terms of memo dated 5.10.93 and for further direction upon the respondents not to change and/or cancel the list sent by the Employment Exchange.3. The petitioner is said to be an M.A. in English. Pursuant to an advertisement issued for filling up a vacancy for the post of Assistant Teacher in Dumurtore Bagjbadini High School, Bankura (hereinafter referred to as School), the name of the petitioner who got his name registered in the Employment Exchange, was sponsored in terms of the aforementioned memo. According to the petitioner, the School Authorities despite the same have not called him for an interview. Affidavit-in-oppos...
Abdul Kader Hamdan Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Aug-05-1994
Reported in: (1994)2CALLT392(HC)
Mukul Gopal Mukherji, J.1. This, Habeas Corpus application under Article 226 of the Constitution of India has been filed by one Abdul Kader Hamdan, brother of the detenu Omar Hamdan, who has been detained at Dum Dum Central Jail pursuant to an order of detention dated 23rd February, 1994 being P. No. 673/19/94 Cus-VIII, . Government of India, Ministry of Finance, Department of Revenue, issued by Shri Mahendra Prasad, Joint Secretary to the Government of India under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 as amended, hereinafter referred to for the sake of brevity as COFEPOSA.2. It is the contention of the petitioner that his brother Omar Hamdan, a Syrian national was intercepted by Customs Officials at Calcutta Airport when he was departing for Amman on 10th February, 1994. His baggage was searched which resulted in the recovery of 2393 pieces of snake skins of assorted sizes valued approximately at Rs. 11,96,500/-. Snake skins found were p...
Mausumi Nandi Vs. University of Calcutta and ors.
Court: Kolkata
Decided on: Aug-05-1994
Reported in: (1995)1CALLT198(HC)
Satyabrata Sinha, J.1. The prayers of the petitioner inter alia in this application, are :(A). A writ of or in the nature of Mandamus do issue commanding the respondents and their servants, subordinate and agents to : (i) act and proceed according to law ;(ii) admit and allow your petitioner to be admitted to the M.D. (Tropical Medicine) course of the Calcutta University for the session 1994-97 for admission to which she has been duly selected ;(iii) treat your petitioner as an eligible candidate for grant of admission to the said post-graduate medical degree course ;(iv) forbear from applying Rule 7 of Part III of the General Information (1994) in her case by reason of her having duly resigned from the Diploma course ;(v) forbear from filling up the seats in the M.D. (Tropical Medicine) course without first admitting the petitioner thereto.(B). A writ of or in the nature of Certiorari do issue calling upon the respondents to certify and tansmit the records of the case containing the i...
Gopal Chandra Pal and ors., Etc Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-04-1994
Reported in: (1995)IILLJ249Cal
ORDERSamaresh Banerjee, J.1. In C.O.No. 13545(W) of 1989 Memo No. 2987-Regn. dated December 13, 1989 Memo No. 2989-Regn. dated December 13, 1989 and Memo No. 2991- Regn. dated December 13, 1989 issued by the Secretary, Judicial Department, are challenged by 8 writ petitioners, some of whom are Muharrir in the office of Behala Additional District Sub- Registration, Alipore and some are Copyists in the office of Calcutta Assurances.2. The case as made out in the writ petition is inter alia as follows :The writ petitioner Nos. 1 to 5 and 8 were appointed as extra Muharrirs under the District Registrar, 24 Parganas, from which post the said petitioners Nos. 1 to 5 and 8 were promoted to the post of L.R. Act Muharrirs and thereafter to the post of Muharrirs. The said writ petitioners are still working in the post of Muharrirs under the District Registrar, 24 Parganas (South). The writ petitioners Nos. 6 and 7 were appointed initially as extra Copyists and thereafter they were promoted to th...
In Re: Sri Biman Bose,
Court: Kolkata
Decided on: Aug-04-1994
Reported in: (1994)2CALLT231(HC),99CWN42
1. On 12th December 1993 the Bartaman, a Bengali Daily Newspaper, published a report of a speech given by the respondent No. 1 at a seminar organised by the Association of Health Service Doctors. The statement attributed to the respondent No. 1 as translated in English reads as follows :-'The Judge's do not mete out justice. They deliver the judgments at the Court with an eye towards their self interests. The brief cases full with currency notes find their ways in the Judges' house, in exchange, many recorded criminals, murderers and forgers go scot free Biman Babu, the C.P.M. leader made the comment about Judges. Biman Babu declares that he was making those comments consciously. He would not flinch back if he were made to stand on the dock for this.'2. This report was drawn to the atentton of two Learned Judges of this Court. Being satisfied that the remarks would justify initiation of Contempt Proceedings a Rule was ordered to be issued calling upon the respondent No. 1, as well as t...
Rabindra Nath Das Vs. Niloy Kumar Moitra
Court: Kolkata
Decided on: Aug-04-1994
Reported in: (1994)2CALLT370(HC)
Bijitendra Mohan Mitra, J.1. This is an appeal at the instance of the defendant directed against the judgment of the Appeal Court passed in Title Appeal No. 25 of 1990 dated 8th September, 1990 passed by the learned Assistant District Judge, Asansol, Burdwan by which the Appeal Court has sent the case back on remand to the Court of Trial being the Second Court at Asansol in order to dispose of the same, only in respect of issue No. 6 as framed in the trial with opportunity to lead evidence by the parties. The defendant being aggrieved by the said judgment has preferred the instant appeal. The original lis is one of eviction of the defendant from the suit premises on multiple grounds. The defendant is a tenant under the plaintiff at a monthly rental of Rs. 260/-payable according to English Calendar month. A notice of eviction has been appended to the plaint dated 26.11.1986. From the tenor of which it appears that the same was a composite notice under Section 13(6) of the West Bengal Pr...
Usg Financial Services (Pvt.) Ltd. and anr. Vs. the Calcutta Municipal ...
Court: Kolkata
Decided on: Aug-03-1994
Reported in: (1994)2CALLT160(HC)
Satyabrata Sinha, J.1. The Court : In this application the petitioners have prayed for the following reliefs :'(a) A writ of or in the nature of Mandamus do issue commanding the Respondents and each one of them, their men and agents to forthwith grant to the petitioner No. 1 Certificate of Enlistment as envisaged under Section 200 of the Calcutta Municipal Corporation Act, 1980 to enable the petitioners to pay tax on profession, trade and calling as envisaged under Section 199 of the said Act;(b) Order directing the Respondents to forthwith certify and transmit to this Hon'ble Court all records pertaining to the petitioners case for doing conscionable justice by quashing any order refusing to grant the Certificate of Enlistment to the petitioners ;(c) Rule be issue in terms of prayers (a) and (b) above ;(d) Rule be made absolute upon hearing ;(e) Injunction restraining the Respondents and each one of them from taking any action or proceeding against your petitioner or from preventing t...
Power Tools and Appliances Co. Ltd. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Aug-01-1994
Reported in: 99CWN181,[1995(70)FLR770],(1995)IILLJ148Cal
Umesh Chandra Banerjee. J. 1. The doctrine of natural justice has a deeprooted foundation in the concept of fair-play and justice. This concept of fairness or fair-play, however, cannot by any stretch be said to be inflexible in nature and its flexibility is its real virtue, be it noted here that it is not possible to lay down rigid rules as to when the principles of natural justice ought to be made applicable but the same depends upon the facts and circumstances of the matter in issue. The observation of Lord Denning M.R. in R. v. Gaming Board of Great Britain ex. p. Benaim and Khaida 1970(2) Q.B.417 lends support to the view expressed above. 2. This concept of natural justice and fair play has come for increasing judicial scrutiny in recent years and the Law Courts have been in the past and still are expanding its frontiers depending upon the situations. This expansion of doctrine of fairplay, equity and justice culminating in the concept of natural justice is effected by reason of c...
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