Kolkata Court April 1995 Judgments
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Electrosteel Castings Ltd. Vs. Apurba Kumar Dewan and Others
Court: Kolkata
Decided on: Apr-19-1995
Reported in: AIR1995Cal369,(1995)2CALLT81(HC),100CWN254
ORDER1. The present revisional-application is directed against a part of Order No. 2 dated 25th January, 1995 passed by the learned Munsif, 4th Court, Sealdah in Title Suit No. 25 of 1995. The learned Advocate appearing on behalf of the petitioner undertakes before this Court that he will file the certified copy of the impugned order as soon as it is obtained and the said undertaking is hereby recorded.2. The present revisional application is taken up for hearing on contest.3. By the impugned order an ex parte order of local inspection was passed under Order. 39, Rule 7 of the Code of Civil Procedure. 1976 Amendment of the Code of Civil Procedure has brought about a sea-change about the rigour of ex parte orders under Order 39, Rule 7 of the Code of Civil Procedure which was not previously there under the unamended provision of Order 39, Rule 8 of the Code of Civil Procedure. Order39, Rule 8 of the Code of Civil Procedure was there in the original body of the Code before amendment in c...
Shri T.K. Dutta Vs. Pawan Kumar Didwani and anr.
Court: Kolkata
Decided on: Apr-19-1995
Reported in: 1995CriLJ3274
Arun Kumar Dutta, J.1. By this Application, filed on 15th June, 1993, the Petitioner Shri T.K. Dutta, Enforcement Officer, Enforcement Directorate, Foreign Exchange Regulation Act, Calcutta (hereinafter referred to as Petitioner) has prayed the Court for modifying/setting aside/cancelling the Order of Bail granted by this Court on 10th May, 1993 in favour of the Opposite-Party No. 1-accused, Pawan Kumar Didwania (hereinafter referred to as accused), and for sending him (latter) to the jail custody in terms thereof for the reasons stated therein. It is extremely unfortunate that the application could not be disposed of so long.2. It is contended by the Petitioner that the residential premises of the accused was searched by the Officers of the Income-tax Department and also by the Officers of the Enforcement Directorate, Calcutta, on 4th May, 1993, and the accused was interrogated with reference to the documents seized decreeing the said search. On the statements made by him on 4th and 5...
T.K. Dutta Vs. Pawan Kumar Didwania
Court: Kolkata
Decided on: Apr-19-1995
Reported in: 1995(78)ELT424(Cal)
Arun Kumar Dutta, J.1. By this application, filed on 15th June, 1993, the petitioner Shri T.K. Dutta, Enforcement Officer, Enforcement Directorate, Foreign Exchange Regulation Act, Calcutta (hereinafter referred to as petitioner) has prayed to the Court for modifying/setting aside/cancelling the order of Bail granted by this court on 10th May, 1993 in favour of the opposite party No. 1 - accused, Pawan Kumar Didwania (hereinafter referred to as accused) and for sending him (latter) to the Jail custody in terms thereof for the reasons stated therein. It is extremely unfortunate that the application could not be disposed of so long.2. It is contended by the petitioner that the residential premises of the accused was searched by the officers of the Income Tax Department and also by the Officers of the Enforcement Directorate, Calcutta, on 4th May, 1993 and the accused was interrogated with reference to the documents seized during the said search. On the statements made by him on 4th and 5...
Bhim Das Alias Bhim Chandra Das Vs. the State
Court: Kolkata
Decided on: Apr-18-1995
Reported in: (1995)2CALLT46(HC)
Arun Kumar Dutta, J.1. This Appeal is directet by the accused-appellant, Bhim Das (hereinafter referred to as accused) against the judgment and order of conviction and sentence dated 15.7.89 passed by the Learned Additional Sessions Judge,, 14th Court at Alipore, 24-Parganas (South), in S. T. No. 2(4)/87 before him.2. The accused stood charged before the Trial Court for having; allegedly committed an offence punishable under Section 302 Indian Penal Code (hereinafter shortened into I.P.C.) for committing murder by intentionally causing the death of his wife Kamala Das on 23rd June, 1982 at the house of Surendra Nath Das, village-Haripur, within P.S. Namkhana, on the allegations made in the F.I.R.3. It is alleged that on 23rd June, 1982 at about 12.30/13.00 hours the accused had picked up a quarrel with his wife Kamala Das and had kicked on hed abdomen and also assaulted her mercilessly causing injuries all over her body with a wooden stick (bata) as a result of which she had fallen dow...
Bhim Das Vs. State
Court: Kolkata
Decided on: Apr-18-1995
Reported in: 1995CriLJ2618
Arun Kumar Dutta, J.1.This Appeal is directed by the accused-appellant, Bhim Das, (hereinafter referred to as accused) against the judgment and order of conviction and sentence dated 15-7-89 passed by the learned Additional Sessions Judge, 14th Court at Alipore, 24-Parganas (South), in S.T. No. 2(4)/87 before him. 2. The accused stood charged before the TrialCourt for having allegedly committed an offence punishable under Section. 302, Indian Penal Code (herein- after shortened into IPC) for committing murder by intentionally causing the death of his wife Kamala Das on 23rd June, 1982 at the house of Surendra Nath Das, village - Haripur, within P.S. Namkhana, on the allegations made in the FIR. 3. It is alleged that on 23rd June, 1982 at about 12-30/13.00 hours the accused had picked up a quarrel with his wife Kamala Das and had kicked on her abdomen, and also assaulted her mercilessly causing injuries all over her body with a wooden stick (bata) as a result of which she had fallen dow...
Saikat Ghosh Vs. the Institution of Engineers (India) and Others
Court: Kolkata
Decided on: Apr-13-1995
Reported in: AIR1996Cal47,(1996)1CALLT152(HC),99CWN842
ORDER1. The petitioner in this writ petition is a serving technical student and was elected to the Roll of Technician Membership of the Institution of Engineers (India) (hereinafter referred to as the said Institution) bearing No. T-115245-2 of the year 1993. The respondent Institution conducts examinations and gives Certificates. The petitioner is a candidate for Section A (Non-Diploma Stream). According to the Rules of the said Institution, applications to appear at Section A (Non-Diploma Stream) Examinations are to be considered from those Technician Members who shall be in the Roll of the Institution for one year before they intended to appear in the Examination unless they are disqualified by the Council. The one year will be based upon the date of election to the Roll as given below:--Date of ElectionEligible to appear for the first lime in.1st January to 31st MarchWinter Examination SAME YEAR.1st April to 30th SeptemberSummar Examination Next Year.1st October to 31st DecemberWin...
University of Calcutta Vs. Soumit Chakraborty and ors.
Court: Kolkata
Decided on: Apr-07-1995
Reported in: (1995)2CALLT27(HC)
Mukul Gopal Mukherji, J.1. This appeal has been preferred by the University of Calcutta, its Vice-Chancellor, its Controller of Examinations and its Assistant Controller of Examinations impugning a judgment and order dated 13th January, 1995 passed by a learned Single Judge of this Court in Matter No. 1908 of 1995 (Soumit Chakraborty v. University of Calcutta and Ors.) whereby the learned Single Judge directed the University of Calcutta Authorities to examine the answer scripts of the writ petitioner respondent No. 1 within a period of 4 weeks from the date of the communication of the order and also publish his results within a period of 6 weeks from the date of communication of the said order.2. In order to understand the facts of the case it would be necessary to traverse the background. The writ petitioner respondent No. 1 did not have the requisite qualification to get himself admitted in B.Com (Hons.) Course as per the University regulations promulgated under notification No. CSR/...
Ranajit Kumar Banerjee Vs. Panchanan Aditya and ors.
Court: Kolkata
Decided on: Apr-07-1995
Reported in: (1995)2CALLT42(HC),99CWN1006
Bijitendra Mohan Mitra, J.1. The present revisional application is directed against Order No. 12 dated 23rd May, 1994 passed by the learned District Judge at Howrah in Civil Revision No. 281 of 1993. By the impugned order the learned District Judge has rejected a petition under Section 5 of the Limitation Act for condonation of delay in preference of a revisional petition before the said forum. The connected revision being Civil Revision No. 281 of 1993 is directed against Order No. 47 dated 4.8.1993 by which a petition at the instance of the defedant under order 26 Rule 1 of the Code of Civil Procedure is dismissed on contest. The said order is a composite one and by the same order a petition under Section 17(2) &(2A) of the West Bengal Premises Tenancy Act was also disposed of. Being aggrieved by the same the defendant has invoked the concurrent jurisdiction of the learned District Judge under Section 115A of the Code of Civil Procedure. By the said section concurrent jurisdiction of...
Baijnath Singh Vs. Mining and Allied Machinery Corpn. Ltd. and ors.
Court: Kolkata
Decided on: Apr-05-1995
Reported in: (1998)IIILLJ593Cal
Bhagabati Prasad Banerjee, J.1. This is an appeal against the judgment dated August 1, 1986 passed by the Learned Trial Judge. The facts of the case briefly are as follows :-2. The appellant was employed by the respondent Company as 'Chowkidar' in the Security Department in April, 1960. On or about June 4/5, 1967 a theft took place which was reported to the police. In the First Information Report to the police filed by the company, the appellant/workman was not named. On July 29, 1967 a charge-sheet was issued against the appellant by the Company alleging that while the appellant was on duty at the main gate on that date, the appellant had allowed one Sri Peter Rana, an outsider, who committed theft in the plant and who was subsequently arrested by the police.3. The said act on the part of the appellant was alleged to constitute gross mis-conduct in accordance with the Standing Orders of the Company. The relevant Standing Order which was alleged to have been violated was clause 29 of t...
Chandra Sekhar Banerjee Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Apr-05-1995
Reported in: (1997)IIILLJ824Cal
ORDERJ.K. Mathur, J.1. This is a petition under Article 226 of the Constitution seeking a mandamus to command the respondents not to deduct any amount from the salary of the petitioner excepting the instalments agreed.2. The petitioner is an employee in the Indian Oil Corporation and was working as a technician in the Maintenance Department in Haldia Oil Refinery. He asked for and was sanctioned house building loan. It is not disputed that he did not raise any construction. There was an agreement in writing under the terms of which in case of non-utilisation of loan the entire amount was recoverable while in case of utilisation only instalments amounting to Rs. 2113/- per month were to be deducted from the petitioner's salary. The opposite parly however, started deducting larger amounts so that in the month of September, he was paid a salary of Rs. 5/- only. Aggrieved by this, he has come to the Court.3. Interim Order was passed by this Court by which only Rs. 2113/- were permitted to ...
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