Kolkata Court April 1995 Judgments
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Netai Chand Paul Vs. Calcutta Municipal Corporation and ors.
Court: Kolkata
Decided on: Apr-25-1995
Reported in: (1995)2CALLT132(HC),[1995(71)FLR996],(1997)IIILLJ800Cal
Nisith Kumar Batabyal, J.1. The writ petitioner was appointed as a temporary Rate Collector of the Calcutta Municipal Corporation in the year 1962. The writ petitioner got several promotions in his service and ultimately he was promoted to the post of Sub-Inspector. While serving as Sub-Inspector of the Calcutta Municipal Corporation, the writ petitioner was served on June 30, 1993 with a Memo as per Annexure-A to the writ petition, placing him under suspension with immediate effect as a disciplinary proceeding was contemplated against him. The petitioner was however, granted the suspension allowance at the prescribed rate.2. According to the petitioner, one Arup Nag was trying to harass him by lodging various false and frivolous complaints with the Police against him. The said Arup Nag also had made an application before the learned Additional Chief Metropolitan Magistrate, Calcutta, under Section 156(3) of the Code of Criminal Procedure. In that application, it was falsely alleged th...
Benoy Kumar Uraon Vs. the State
Court: Kolkata
Decided on: Apr-25-1995
Reported in: (1995)2CALLT100(HC)
Arun Kumar Dutta, J.1. This Appeal is directed by the accused-Appellant Benoy (alias Bejoy) Kumar Uraon (hereinafter referred to as accused) against the judgment and order of conviction and sentence dated 27th May, 1987 passed by the learned Additional Sessions Judge, Siliguri, in Sessions Case No. 46 of 1985 before him.2. The accused stood charged before the Trial Court for an offence punishable under Section 302, I.P.C., on the case made out by the prosecution, as stated in the impugned judgment. The learned Trial Judge, on trial, had found the accused guilty to the aforesaid charge and had convicted him thereunder and sentenced him therefor to suffer imprisonment for life for the reasons discussed at length in the impugned judgment.3. Being aggrieved by the judgment and order of conviction and sentence so passed by the learned Trial Judge, the accused has preferred this Jail Appeal from the jail.4. The point for consideration before us is how far the learned Trial Judge was justifie...
Ajoy Kumar Rit Vs. Iswar Dharma Thakur and Others
Court: Kolkata
Decided on: Apr-24-1995
Reported in: AIR1995Cal370,(1995)1CALLT432(HC)
ORDER1. This is an application for recalling of the order dated 9th June, 1994 passed by me in C.O. 268/94. After the ex parte order was passed an application for recalling of the said order was filed on 10-6-1994 which was dismissed on 16-8-1994 on technical ground that the affidavit was sworn by tadbirkar. Liberty was, however, given for filing fresh affidavit according to law. In terms of the aforesaid order a fresh application for recalling was filed on 23-8-1994 onthe ground that the learned Advocate for the opposite party was engaged in another Court at the time when the revisional application was allowed.2. A preliminary objection was taken by the opposite parties/plaintiffs that there is no scope for recalling the ex parte order as that order was passed on merits. Opposite party No. 4 also supported the contention of the other opposite parties.3. The short point for consideration in this recalling application accordingly is whether such application is at all maintainable and if...
Food Corporation of India and Anr. Vs. District Consumers' Forum and O ...
Court: Kolkata
Decided on: Apr-21-1995
Reported in: [1998]91CompCas518(Cal)
Altamas Kabir, J.1. This writ application has been filed by the Food Corporation of India (hereinafter referred to as 'the F.C.I.') established under the Food Corporations Act, 1964, for the purpose of trading in food-grains and other foodstuff and sugar, with a view to ensuring that farmers got the benefit of the minimum price announced by the Government of India from time to time and to also protect the consumers from speculative trading in food and foodgrains in India.2. In order to fulfil the aforesaid objectives of the Central Government, the petitioner-corporation has to purchase foodgrains, foodstuff and sugar from farmers and sugar producers in the country. It is also the function of the F.C.I. to purchase levy sugar from different sugar mills in the various States at the price fixed by the Government of India and to supply the same to consumers in the country through the public distribution system. In this regard, the F.C.I. has to follow the specific instructions issued from ...
Thaneswar Gayen Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-21-1995
Reported in: (1995)2CALLT150(HC)
Sidheswar Narayan, J.1. This petition in revision is directed against the judgment and order dated 13.2.87 passed in Criminal Appeal No. 51 of 1986 by Shri S. I. Saha, Additional Sessions Judge, 6th Court at Midnapur. The petitioner, being the de-facto complainant in G.R. Case No. 1060/76, is aggrieved by the impugned order for the reason that the appeal was allowed and the accused/O.P No. 2 and 3, namely, Kalyan Dutta and Jagdish Dutta were acquitted of the offences under Section 448 and 323 of the I.P.C. Earlier, the accused/O. Ps, having been charged of the offences under Sections 448, 323 and 325 of the I.P.C. had been convicted by the trial Court under Section 448 and 323 of the I.P.C and were sentenced to pay fine of Rs. 250/- each and, in default, to suffer S.I. for 15 days for the offence under Section 448 of the I.P.C. and, further, to pay a fine of Rs. 250/- and, in default, to suffer S.I. for 15 days for the offence under Section 323 of the I.P.C.2. The prosecution case as n...
Commissioner of Income-tax Vs. National Insurance Co. Ltd.
Court: Kolkata
Decided on: Apr-21-1995
Reported in: [1996]221ITR778(Cal)
K.C. Agarwal, C.J.1. This is a reference made at the instance of the Commissioner of Income-tax, West Bengal, Calcutta, referring the following two questions of the Income-tax Appellate Tribunal, dated May 25, 1988, for decision of the High Court :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that interest credited to the suspense account cannot be added to the income of the assessee ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the decision of the Supreme Court in the case of State Bank of Travancore v. CIT : [1986]158ITR102(SC) cannot be applied to the facts of this case ?' 2. The brief facts of the case are that the assessee is an insurance company, carrying on general insurance business. For the assessment year 1983-84, interest on loans was kept in suspense account and according to the assessee credit for the same would be taken in the year of realisation. The que...
M/S. D.R.M. Steel Industries Private Ltd. Vs. Board for Industrial and ...
Court: Kolkata
Decided on: Apr-20-1995
Reported in: AIR1996Cal54,(1995)2CALLT181(HC),[1998]93CompCas667(Cal),100CWN257
ORDER1. In the instant writ application, the writ petitioner M/s. D.R.M. Steel Industries (P.) Ltd., a company having its registered office at 19, British India Street, Calcutta-69 has challenged an order dated 15th October, 1993 passed by the Board for Industrial and Financial Reconstruction, Special Bench No. 1 New Delhi (hereinafter referred to as B.I.F.R.) in case No. 2/90, whereby the B.I.F.R. has rejected the reference made by the petitioner company under Section 15 of the Sick Industrial Companies (Special Provisions) Act, 1985 and closed the proceeding for want of jurisdiction.2. It is the case of the petitioner company that it is engaged in the running of a mini steel plant at Ulashnagar, Murbad Road in Maha-rashtra, on the basis of a Conductorship Agreement entered into by and between the petitioner company and the respondent No. 5. The petitioner company is 40% shareholder of the respondent No. 5. The petitioner company experienced an adverse performance since 1987 and it ac...
N.T.C. (W.B.A.Br.) Ltd. Vs. Sudhanya Biswas
Court: Kolkata
Decided on: Apr-20-1995
Reported in: (1995)2CALLT358(HC),(1997)IIILLJ135Cal
B.P. Banerjee, J. 1. This is an appeal against the order of the learned trial Judge dated October 11, 1991 passed in C.O.No. 12680-81 (W) of 1987. The question involved in this appeal is whether the writ Court can adjudicate as to what should be the age of retirement of the employees of a particular concern and whether a writ Court can decide on what date an employee should retire on the basis of the date of birth claimed by the employee concerned which is contrary to the date of birth recorded in the records of the management. Further the question also to be decided in this appeal is whether after the parties have entered into a contract of employment judicial review could be available in a case where there is no sufficient statutory underpenning of the employment to inject an element of public law into the relationship.2. The facts of this case may be shortly stated as follows. The petitioner who was an employee of a private mill viz. Sodepur Cotton Mills which was ultimately taken o...
Punjab and Sind Bank Employees Vs. Indian Banks Association and ors.
Court: Kolkata
Decided on: Apr-20-1995
Reported in: (1995)2CALLT138(HC)
Bijitendra Mohan Mitra, J.1. The present revisional application is directed against order No. 4 dated 3rd February, 1995 passed by the learned Judge, 9th Bench, City Civil Court, Calcutta in T. S. No. 289 of 1995. The said revisional application is taken up for hearing on contest. In the meantime there are applications filed by some of the parties for vacating the interim order. This Court does not think it necessary to deal with the same as it proposes to dispose of the main matter and whatever will be result in the main matter the other application will abide by the result of the same. Before commencement of hearing six sets of applications for addition of parties have been filed by the respective Unions representing the bank employees of different banks and the said applications- for addition of parties were allowed on consent as it was felt that as the matter is concerning the interest of all the banking associations proposed to be added they should be heard for effective adjudicat...
Samir Sarkar Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-20-1995
Reported in: (1995)2CALLT315(HC),99CWN872
Nisith Kumar Batabyal, J.1. The writ petitioner by a Memo dated 22nd June, 1976 was appointed to act temporarily as Peon-cum-Process Server under the Labour Directorate of Government of West Bengal subject to satisfactory police verification and medical examination. A true copy of the appointment letter has been annexed with the writ petition and marked as letter 'A'. He states that while he was serving under the Block Development Office, Suri-I, Birbhum he was arrested by police on 12th March, 1979 in connection with a criminal case. He was detained in the police custody from 12th March, 1979 to 12th July, 1979 in connection with G.R. Case No. 259/79 (Sessions Case No. 46/79 of Suri Sessions Division). The petitioner states that at the time of his arrest on 12th March, 1979 he handed over an Earned Leave application to his brother to submit the same to his office on his behalf. The said application was submitted in the office on 14th March, 1979. The Block Development Officer, Suri-I ...
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