Kolkata Court February 1995 Judgments
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Guest Keen Willams Ltd. Vs. the Fifth Industrial Tribunal and ors.
Court: Kolkata
Decided on: Feb-08-1995
Reported in: (1996)IIILLJ825Cal
Prabir Kumar Majumdar, J. 1. This appeal is against the judgment and orderdated August 26, 1993, passed by a learned SingleJudge of this Court on an application challengingthe award passed by the 5th Industrial Tribunal.West Bengal. The issue in the award case beforethe 5th Industrial Tribunal, West Bengal waswhether the management was justified inretrenching the workmen named in the attached list? What relief, if any, were the workmen entitled to?The 5th Industrial Tribunal by the said order heldthat the order of retrenchment of the 32 concernedworkmen was invalid, void, ah intitio and notjustified. The Tribunal directed that the concernedworkmen would- however, not be entitled toreinstatement as the same would jeopardise theadministration of the company, but they would beentitled to backwages on the terms stated in theaward, namely :-- (a) The 10 concerned workman under reference who died during the proceeding would be entitled to full back wages including other allowances from the d...
Bijan Bihari Gupta Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-08-1995
Reported in: (1995)1CALLT266(HC),99CWN831
Gitesh Ranjan Bhattacharjee, J.1. This revisional application has been filed for quashing the proceeding being case No. 3 of 1978 pending in the court of the Judge, Second Special Court, Calcutta under Sections 120B/420 I.P.C. and Section 5(2) of the Prevention of Corruption Act, 1947. The only point pressed before me on behalf of the petitioner at the time of hearing is the ground of prolonged pendency of the criminal proceeding. The petitioner Bijan Bihari Gupta was holding the post of Commercial Publicity Officer, South Eastern Railway at the relevant time, that is, between June 1968 and March 1976. On 27.1.78 a complaint was filed by Inspector of Police, C.B.I. in the court of the Additional Special Court, Calcutta against four accused persons including the present petitioner alleging commission of offences punishable under Sections 120B/420 I.P.C. and Section 5(2) of the Prevention of Corruption Act. Even earlier however the petitioner was suspended by the Railway Board on 15.10.7...
Prasanta Kumar Dey Vs. Calcutta Municipal Corporation and Others
Court: Kolkata
Decided on: Feb-06-1995
Reported in: AIR1995Cal314
ORDER1. The writ petitioner inherited the property being premises No. 8C, Srimanta De Lane, Calcutta-12 along with others after the death of his father and duly mutated the names of the incoming heirs in the books and Registers of the Calcutta Municipal Corporation. It is stated that sometime in the Bengali year 1353 the Deity of Sri Sri Sati Mata was installed in the premises on the top floor of the said premises. The room or Takur Ghar had a roof of tiles and asbestos shed and the same was repaired from time to time. A permanent roof was constructed for the said Takur Ghar sometime in 1985. In or about 1989, some persons came to the premises in question representing themselves as the Inspecting Staff of Calcutta Municipal Corporation and on their instructions the room was shown to them. Thereafter the petitioner was served with a Notice under S. 400 of the C.M.C. Act, 1980. A copy of the said notice is annexed with the writ petition and marked Annexure 'C'. The petitioner after enqui...
Kesab Ranjan Sur Vs. the State of West Bengal
Court: Kolkata
Decided on: Feb-06-1995
Reported in: 1995CriLJ2989
ORDERM.K. Bhattacharjee, J.1. By this revision the accused petitioner has challenged the proceeding being G. R.. No. 428 of 1976, pending before the Court of the learned Judicial Magistrate, Barasat, arising out of Barasat P. S. Case No. 73 dated 26th February, 1976.2. The brief background of the case is that the (then the Branch Manager of Madhyamgram Branch of the United Commercial Bank filed a complaint under Section 200 of the Code of Criminal Procedure before the learned Sub Divisional Judicial Magistrate, Barasat, North 24-Parganas, and the learned Magistrate in exercise of his power under Section 156(3) of the Code of Criminal Procedure directed the Officer-in-Charge, Barasat P. S., to investigate the case by treating the complaint as FIR and the Barasat P. S. Case No. 73 dated 26-2-76 was registered. In the complaint it was stated that on 1st August, 1972 a Savings Bank Account No. 2761/W was opened in the name of one Arun Saha at the Madhyamgram Branch and all the papers relat...
Rabindra Parida Alias Rabindra Pariza Alias Aurn and ors. Vs. State of ...
Court: Kolkata
Decided on: Feb-03-1995
Reported in: 1995CriLJ2256
Gitesh Rajan Bhattacharjee, J.1. This judgment deals with and disposes of the reference made under Section 366, Cr. P.C. by the learned Additional Sessions Judge, 11th Court, Alipore, seeking confirmation of death sentence imposed by him on the accused persons in S. T. 3(9) 92/S.C. 13(2) 92 and the appeal preferred by the appellants/accused persons against the order of conviction and sentences including the death sentence passed by the learned Additional Sessions Judge in the said case.2. The informant Rabindra Jhunjhunwala was residing at the relevant time in the 3rd floor flat at P-51, C.I.T. Scheme VII-M, Maniktala, Calcutta with his wife Sunita Jhunjhunwala and three minnor children. At the relevant time two servants were also working in his house. The appellants/accused persons have been convicted and sentenced by the learned trial Judge for committing murder of the said Sunita Jhunjhunwala in the said flat on the 18th September, 1991 and also for committing robbery in that flat a...
Sunil Kumar Ghosh Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-03-1995
Reported in: 1995CriLJ2179
Arun Kumar Dutta, J.1. This is a contempt application by the petitioner Sunil Kumar Ghosh against the opposite-party-contemner, Shri Ashoke Santra, The Director of Rationing, West Bengal, (hereinafter referred to as, the opposite party) for appropriate orders for his (latter's) wilful and deliberate non-compliance of the directions given by this Court in the Judgment and order dated 19th July, 1993 in F.M.A.T. Nos. 619-20 of l992 on the allegations made therein. We had already heard the submissions of the learned Advocates for both sides at length.2. Upon perusal of the record we find that the aforesaid two appeals had been disposed of by the Judgment and order dated 19th July, 1993 'by directing the Director of Rationing to make appropriate orders/appointment/s allowing the said two brothers to run two separate Ration Shops in the premises in question within their respective allotted portions in the manner indicated above, on their complying with the requisite formalities therefor, if...
Bengal Tools Ltd. Vs. Additional D.G.R.i.
Court: Kolkata
Decided on: Feb-03-1995
Reported in: 1995(77)ELT858(Cal)
Ruma Pal, J.1. The petitioner company imported 103 machines which it described as Power Tillers between 10 August 1993 and 7th January 1994. In the Bills of Entry the relevant Tariff Item was mentioned as 8432.80. The goods were assessed on that basis and released under Section 47 of the Customs Act, 1962 (hereafter referred to as the Act). The goods were warehoused in the petitioner's warehouse. On 8th March 1994 they were sought to be detained by virtue of an order Section 110 of the Act on the ground that they had been imported by misdeclaration and were liable to confiscation under the Act.2. The order of detention was challenged by the petitioners under Article 226 of the Constitution on 5th April, 1994. By a judgment and order dated 5th April 1994 A.N. Ray, J. made the Rule absolute and quashed the impugned order of detention. An appeal was preferred from this order by the Customs Authorities. Before this the petitioners claim to have sold some of the machines. The order dated 5-...
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