Kolkata Court November 1995 Judgments
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M/S. Mahalaxmi Rice Mills and Others Vs. State of W.B. and Others
Court: Kolkata
Decided on: Nov-10-1995
Reported in: AIR1996Cal162
ORDER1. The writ-petitioner No. 1 is a partnership firm of which the other writ petitioners are partners. The petitioner No. 1 is also registered as an S. S. I. Unit of the State. On 11-8--88, the petitioners applied for a permit under S. 5 of the Rice Milling Industrial (Regulation) Act, 1958, before the Dist. Controller, F. & S. Dept., West Dinaj-pur, to set up a Modern Rice Mill at Detolhat, West Dinajpur (now in Dakshin Dinajpur). Permit No. 29837 dated 26-10-88, was issued accordingly. Thereafter, the petitioners submitted a scheme on 31-8-88, for their rice mill in November 1988. The banker of the petitioners, viz. Allahabad Bank, Fulbani Branch, sanctioned a loan of Rs. 30.75 lakh on certain terms and conditions as per anne-xure-'D'. On 30-10-89, the Dist. Controller, F. & S. Dept., West Dinajpur, granted a licence in favour of the petitioners being licence No. 34385 dated 39-10-89. The business started commercial production on and from 5-12-89. 2. The petitioners submitted thei...
Bholanath Roy and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Nov-09-1995
Reported in: 100CWN657,(1996)IIILLJ165Cal
Satyabrata Sinha, J.1. The petitioners are employes of Gour Co-operative Milk Producers' Union-the respondent No. 5 herein, which is a Co-operative Society registered under West Bengal Societies Act. The said petitioners filed this writ application, inter alia, for issuance of a writ in the nature of Mandamus directing the respondents to pay to them the scales of pay as payable to the employee of the State Government and yearly increments which allegedly had been given to other Milk Unions.2. The Animal Husbandry and veterinary Services Department of the State of West Bengal allegedly evolved a scheme commonly known as Operation Flood II for establishing eight (8) Anand Pattern Co-operative Milk Unions out of which four were existing and four were to be set up. Requisites man power required for the said Milk Unions had been recruited through National Dairy Development Board hereinafter referred to as N.D.D.B for placement under various Milk Unions. The apprentices so inducted were to b...
All India Allahabad Bank Officers' Association Vs. Sri Surya Kumar Gho ...
Court: Kolkata
Decided on: Nov-08-1995
Reported in: (1996)1CALLT66(HC)
Samir Kumar Mookherjee, J.1. The present first Misc. appeal is directed against Order No. 5 dated 26th August, 1994, passed by the learned Judge, VII Bench, City Civil Court, Calcutta, in title suit No. 2490 of 1994, dismissing an application of the plain tiff/appellant under Order 39, Rules 1 and 2 read with section 151 of the Code of Civil Procedure. The Injunction prayed for, inter alia, was seeking to restrain the defendants/respondents, their men, agents etc. from taking any steps or giving any effect to or holding any election as per the notice dated 15th July, 1994. The said notice dated 15th July, 1994, in substance purported to initiate an election process in terms of the general body decision, dated 16th April, 1994, for certain posts in the appellant's Association.2. The plaintiff/appellant filed the instant suit, inter alia, praying for declaration that the said notice was illegal, arbitrary, void and bad in law; that the appointment of defendant No. 1, who issued the said ...
In Re: Alok Coal Agency and anr. Vs. Coal India Limited and ors.
Court: Kolkata
Decided on: Nov-08-1995
Reported in: (1996)1CALLT167(HC)
Satyabrata Sinha, J.1. Although this writ application was listed under the heading. 'To be mentioned' with consent of parties, this application was treated to be on day's list as 'Listed Motion'.2. Mr. Pal, learned counsel appearing on behalf of the petitioners has raised a short question in support of this application. Learned counsel submits that the petitioners having substantially complied with the condition No. (d) of special conditions as appearing in the tender notice as contained in Annexure 'A' to the, writ application by filing the requisite certificate as contained in Annexure 'B' to the writ application, the request of the Chief General Manager, Production of Northern Coalfields Limited, Singroli, in terms of his letter dated 23.9.95 to submit experience certificate duly counter signed either by the concerned Director or CMD of Central Coalfields Limited within 26.9.95 which was impossible to be performed, the respondents should be directed to grant suitable extension.3. Mr...
Gobind Sugar Mills Ltd. and ors. Vs. Assistant Commissioner of Income ...
Court: Kolkata
Decided on: Nov-08-1995
Reported in: (1998)61TTJ(Cal)262
ORDERR. V. EASWAR, J.M. :All These appeals involve a common issue. Since the appeals were heard together, they are disposed of by a single order for the sake of convenience.2. For the sake of convenience, we first take up the case of Bharat Sugar Mills Ltd. in ITA No. 1211 (Cal) of 1992. The appeal is directed against the order of the CIT passed under s. 263 of the Act. The asst. yr. 1987-88 for which the accounting year ended on 30th June, 1986. In this appeal we are concerned with the valuation of the closing stock of finished goods (sugar) and processed stock of sugar. The practice of the assessee for a very long period is to value the stock on 'direct cost method'. In respect of the asst. yrs. 1977-78 and 1978-79 there was an addition in respect of the valuation of closing stock of sugar, which was deleted by the Tribunal by order dt. 12th December, 1984 in ITA Nos. 1447 and 1448 (Cal) of 1992. In this order the Tribunal in para. 9 referred to and followed another order of the Trib...
Circular Properties (P) Limited and Others Vs. Calcutta Municipal Corp ...
Court: Kolkata
Decided on: Nov-03-1995
Reported in: AIR1996Cal271
ORDERBhagabati Prosad Banerjee, JJ. 1. This is an appeal against the order dated 25 April 1995, passed by the learned trial Judge, disposing of the writ application, directing the Municipal Authorities to consider and dispose of the application filed by the appellant for extension of the period of the sanctioned plan.The facts of this case is briefly stated as follows:--The Appellant No. 3, Williamson & Magor Co. Ltd. as owner of premises No. 22, Camac Street, Calcutta, applied for and obtained sanction of a plan from the Calcutta Municipal Corporation for construction of a building. The said plan was sanctioned on 8th April, 1985. The validity period of the said sanctioned plan was up to 7th April, 1990.2. It is stated that after obtaining thesanction of the said plan, works for erection of the building as per the said plan was commenced by starting soil work, through a firm of Foundation Consultants, namely Technical Consultancy Services, with effect from 22nd January, 1986, and in r...
In Re: Tushar Knati Ghosh
Court: Kolkata
Decided on: Nov-02-1995
Reported in: (1996)1CALLT1(HC)
Debi Prasad Sircar-I, J.1. Let the matter be treated as on day's list.2. In this petition under section 438 of the Criminal Procedure Code, the petitioner Tushar Kanti Ghosh has prayed for directing the police to release the petitioner on bail in the event of his arrest in connection with Ballygunge P. S. Case No. 136 of 1995 dated 20th July, 1995 or pass such orders this court may find, fit and proper.3. There is no dispute that a multi-storied building at 30/1, Sarat Bose Road, Calcutta-700020 crumbled down, taking a toll of three lives and inflecting serious injuries on six others who lived in that premises. The petitioner's case is that although the petitioner does not have any connection with the construction of the said building save and except carrying out the order of the higher authorities in this office i. e. Calcutta Municipal Corporation where he worked he is being searched by the police and there is reasonable apprehension that the petitioner might be arrested in connectio...
In Re: Ananda Gopal Saha and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: Nov-02-1995
Reported in: (1996)1CALLT15(HC)
Rabin Bhattacharyya, J.1. The claim of the petitioners is pivoted on section 438 of the CRPC craving for an anticipatory bail in connection with Bolpur Police Station Case No. 189 of 1995 dated 13.9.95. initiated under section 498A/ 304B of the Indian Penal Code. The petitioners are vocal in support of their claim for anticipatory bail that they are innocent of the allegations in regard to offences in question. But by the reason of their relationship with the husband of the deceased, they have been hauld up to cheer the ego of the investigating agency being oblivious of the fact that the petitioners are all living in a different place from the place of occurrence.2. In amplifying the submission, Mr. Bose appearing for the petitioners has assiduously claimed that separate residence of the petitioners exposes the infirmity of the allegation. It has been magnified by the investigating agency as an engine of oppression.3. To petter all doubt, Mr. Bose has made the separate residence as the...
In Re: Tushar Kanti Ghosh
Court: Kolkata
Decided on: Nov-02-1995
Reported in: 1996CriLJ1557
D.P. Sirkar, J.1. Let the matter be treated as on day's list.In this petition under Section 438 of the Criminal Procedure Code, the petitioner Tushar Kanti Ghosh has prayed for directing the police to release the petitioner on bail in the event of his arrest in connection with Ballygunge P. S. Case No. 136 of 1995, dated 20th July, 1995, or pass such order as this Court may find, fit and proper.2. There is no dispute that a multi-storied building at 30/1, Sarat Bose Road, Calcutta 700020 crumbled down, taking a toll of three lives and inflecting serious injuries on six others who lived in that premises. The petitioner's case is that although the petitioner does not have any connection with the construction of the said building save and except carrying out the order of the higher authorities in his office, i.e. Calcutta Municipal Corporation where he worked is being searched by the police and there is reasonable apprehension that the petitioner might be arrested in connection with the s...
Ananda Gopal Saha and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: Nov-02-1995
Reported in: 1996CriLJ1784
ORDER1. Let the matter be treated as on day' s list.2. The claim of the petitioners is pivoted on Section 438 of the CRPC craving for an anticipatory bail in connection with Bolpur Police Station Case No. 189 of 1995 dated 13-9-95, initiated under Section 498A/404B of the Indian Penal Code. The petitioners are vocal in support of their claim for anticipatory bail that they are innocent of the allegations in regard to offences in question. But by the reason of their relationship with the husband of the deceased, they have been hauled up to cheer the ego of the investigating agency being oblivious of the fact that the petitioners are all living in a different place from the place of occurrence.2-A. In amplifying the submission, Mr. Bose appearing for the petitioners has assiduously claimed that separate residence of the petitioners exposes the infirmity of the allegation. It has been magnified by the investigating agency as an engine of oppression.3. To petter all doubt, Mr. Bose has mad...
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