Kolkata Court November 1995 Judgments
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Nripendra Kishore Chakraborty and anr. Vs. State of West Bengal and an ...
Court: Kolkata
Decided on: Nov-22-1995
Reported in: (1997)IIILLJ897Cal
Samaresh Banerjee, J.1. The petitioner in the instant case is the widow adopted daughter of the Government employee who was declared permanently incapacitated in 1991. Thereafter application was made for appointment of the petitioner on compassionate ground. Such application of the petitioner was duly forwarded by the Collector, Nadia. Thereafter as per the advice of the respondents to the petitioner to produce some order of the Court as to the factum of her adoption a suit was filed by the father of the present petitioner, the ex-Government employee Nripendra Kishore Chakraborty for a declaration that present writ petitioner is her adopted daughter and such declaration has been granted in the said civil suit. Such document was also forwarded to the appropriate authority. Even thereafter respondents failed and neglected to take any steps for appointing of the petitioner on such compassionate ground although years passed by. Ultimately the petitioner made a representation to the West Be...
Nirmal Kumar Jana Vs. District Inspector of Schools (S.E.) and ors.
Court: Kolkata
Decided on: Nov-22-1995
Reported in: (1996)1CALLT101(HC)
Shree Ranga Misra, J.1. By means of this writ petition, petitioner challenges an order dated 27th of March, 1976 terminating services of the petitioner without assigning any reason or without giving any opportunity of Show Cause. The brief facts giving rise to this writ petition are as follows:-2. Petitioner alleges that he was appointed on 24th of March, 1975 as an Assistant Teacher in Science Group for Mathematics in the permanent sanctioned post on a temporary basis in pursuance of an advertisement published in the newspaper Inviting application for appointment amongst others a science teacher having qualification of Bachelor Degree in science. Petitioner having applied for the said post of science teacher in Vivekananda Palli Kishore Bharati Junior High School, Vivekananda Palli, P.S. Behala, Dist 24 Paraganas. In response to the application of the petitioner, he was called in an interview along with the several other science graduate. Finally, petitioner was selected for the post ...
Braithwatte and Co. Ltd. Vs. D.T.M. Construction Pvt. Ltd.
Court: Kolkata
Decided on: Nov-22-1995
Reported in: (1996)1CALLT171(HC)
Basudeva Panigrahi, J.1. The writ petitioner, BRAITHWATTE & CO. LTD. a Government of India undertaking, has filed this writ application Under Article 227 of the Constitution of India for following reliefs:-'(a) Issue a notice directing the Opposite parties to show cause as to why the impugned order dated 22.3.95 passed by the Learned Assistant District Judge, 8th Court 24 parganas (S) Alipore in Misc. Case No. 34 of 1994 shall not be set aside and/or cancelled.(b) Cause being shown and/or due to insufficient cause set aside the impugned order dated 22.3.95 passed by the Learned Assistant District Judge, 8th Court, 24 parganas (S) Alipore in Misc. Case No. 34 of 1994 and pass appropriate orders directing the Sole Arbitrator to suspend the proceeding pending before the Arbitrator under section 22(1) SICA;(c) Stay all further proceeding a pending between the parties;(d) Ad-interim order of stay in terms of prayer (c) above.'There was some dispute between the petitioner and the opposite pa...
Union of India (Uoi) Vs. Bharat Construction
Court: Kolkata
Decided on: Nov-22-1995
Reported in: (1996)1CALLT284(HC)
Shyamal Kumar Sen, J.1. In the instant application the petitioner, Union of India has challenged an Award passed by the Joint Arbitrators dated 13th October, 1993 inter alia on the ground that Arbitrator has acted in excess of the power conferred upon him. The Arbitrators made an Award for Rs. 5,54,735 in favour of the complainant as against the claim of Rs. 18, 97,938. It is the contention of Mr. S. K. Mitra, learned Advocate for Union of India that the Arbitrator have exceeded their jurisdiction and have passed an Award contrary to the Agreement. 2. In this connection, Mr. Mitra has referred to General Conditions of Contract of the Eastern Railway, which forms a part of the Agreement between the parties. He has further submitted that Claim No. l(a), Item 3 of Agreement, namely Removal of Boulders amounts to extra/additional work done by the contractor without obtaining permission of Railway Engineer as required in Clause 39 and 42 of the General Conditions of Contract. 3. He has furt...
In Re: Kalidas Mullick and ors. Vs. Registrar of Assurance and ors.
Court: Kolkata
Decided on: Nov-21-1995
Reported in: (1996)1CALLT95(HC)
Satyabrata Sinha, J.1. The Court : This application is directed against the order dated 18th October, 1995 whereby and whereunder the petitioner was asked to obtain certificates from the Income Tax Authorities under Section 230A(1) of the Income Tax Act.2. The fact of the matter lies in a very narrow compass.3. The petitioner No. 1 is said to be owner of 7/8th share and the petitioner No. 2 is the owner of 1 /8th share of the property in question. A decision was taken by the trustees of the said Trust to sale the said property, in favour of M/s. CMC Limited at a price of Rs. 3.10 crores. An application was filed by the trustees under the provisions of Indian Trust Act, 1882 as well as Charitable and Religious Act, 1920 in this Court. By an order dated 3rd August, 1995 a learned single judge of this court allowed the said application in terms of prayers of A, B, C and D thereof. The petitioner thereafter filed the assurance for registration. The Registrar Informed the trustees that in v...
Sri Nandan Dutta and ors. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Nov-20-1995
Reported in: (1996)2CALLT178(HC)
1. In the instant review application dated 18.7.95 filed on behalf of the accused petitioner Nandan Dutta propriety of our order dated 16.5.95 cancelling the bail granted to the present petitioner and another accused Ashalata Dutta by the S.D.J.M. Rampurhat in Nalhati P.S. Case No. 24/ 95 dated 8.3.95 under Section 498A/302/201/34 IPC has been challenged on the ground that the bail granted to the present accused petitioner was cancelled by this Court under Section 439(2) Cr.P.C. without giving any opportunity of hearing. In the impugned order we have given elaborate reasons for cancellation of bail in respect of the present petitioner Nandan Dutta and his wife Ashalata Dutta both arrested as accused In the abovementioned case. It is true that the defacto complainant in his application dated 24.4.95 prayed for cancellation of bail only in respect of the accused Smt. Ashalata Dutta. After hearing the learned Advocate appearing for the defacto complainant and the learned Advocates appeari...
Banerjee R.N Vs. State Bank of India and ors.
Court: Kolkata
Decided on: Nov-17-1995
Reported in: 100CWN300,(1997)IIILLJ1191Cal
Gitesh Ranjan Bhattacharjee, J.1. In this writ petition the petitioner has challenged the disciplinary proceeding, the enquiry report and the order of dismissal from service passed against him. The petitioner joined the State Bank of India as a Probationary Officer on March 1, 1961. In October, 1986 he was posted at the Antwerp (Belgium) Branch of the State Bank of India as its Chief, that is, as the Chief Manager of the Branch. He was in that branch upto April 1990 and was thereafter repatriated to India. On or about April 17, 1990 a show cause notice was issued to the petitioner alleging that he had committed serious irregularities and also resorted to irregular practices mentioned therein for the purpose of his personal gain and was asked to submit explanation within a specified period. In the said show cause notice dated April 17, 1990 which was served on the petitioner while he was still at Antwerp, it was mentioned that if he needed to refer to the branch records for the purpose ...
Durgapur Projects Ltd. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Nov-17-1995
Reported in: (1997)IIILLJ1256Cal
A.K. Chakraborty, J. 1. The short point involved in this writ application is whether the learned 7th Industrial Tribunal by order No. 13 dated March 29, 1995 was justified in granting interim relief under Section 15(2)(b) of the Industrial Disputes Act, 1947 from the date of dismissal of service of the workman.2. The facts giving rise to this writ application are as follows :--On December 15, 1977 a charge-sheet cum-suspension order was issued against the respondent workman for theft of Company's property and for leaving place of work during working hours without permission. The Respondent No. 4 having denied the said charges the domestic enquiry was held in terms of the rules of the company in which the said workman was chargesheeted. He was found guilty of the charges in the said enquiry and he was accordingly dismissed from service on April 10, 1978. The Respondent No. 4 thereafter referred the matter to the Assistant Labour Commissioner for reconciliation and the said proceeding ha...
Sri Swapan Ray Vs. Indian Airlines Ltd. and ors.
Court: Kolkata
Decided on: Nov-15-1995
Reported in: (1996)ILLJ1211Cal
Satya Brata Sinha, J.1. This application is directed against an order dated March 17/18, 1987 and the order dated September 11, 1986 whereby and whereunder the petitioner who at the material time had been working as Flight Purser in the services of the respondent No. l was removed from services and the appeal preferred by him against the said order, was dismissed.2. The Petitioner is said to be a chronic patient of Bronchial Asthma. He felt sick on January 24 and informed the office that he would not be able to attend his duties on that date. The petitioner joined his office on January 26, 1982. On January 27 some Custom officials visited the flat of the petitioner and searched the premises and seized various documents, as a result whereof the petitioner allegedly started suffering from nervous breakdown. His Chronic asthmatic trouble also relapsed that as such he was not in a position to attend to the duties. He informed the' drives of respondent that the matter be reported to the res...
The Industrial Gases Ltd. and anr. Vs. Kamrup Industrial Gases Ltd. an ...
Court: Kolkata
Decided on: Nov-15-1995
Reported in: (1996)2CALLT483(HC)
Umesh Chandra Banerjee, J.1. A patent monopoly is a privilege granted by the Patent Officer to the invention of any new contrivance in manufacture so that the inventor alone shall be entitled to it during a limited period to make articles according to his own invention. To be the subject-matter of a patent right, an article must be material and capable of being manufactured. An idea by itself cannot, however, be patented. The person supplying for the patent must be the true and first inventor of it and the Patents Act has been engrafted in the Statute Book to encourage inventions and also to protect inventions. The grant of patent entitles the patentee to all the rights and privileges in the invention and in the event of there being any infringement, the patentee can seek the assistance of Courts to protect his rights by an order of injunction together with a claim for damages. Be it noted that the patent documents carries with it a contemporary new technology and by reason of the prot...
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