Kolkata Court May 1995 Judgments
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In Re: S.P. Singh and Brothers and ors.
Court: Kolkata
Decided on: May-17-1995
Reported in: 1995CriLJ2903
ORDERArun Kumar Dutta, J.1. By this Revisional Application under Sections 401/482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Code), the Petitioners-accused (hereinafter referred to as Petitioners) have prayed for quashing of the relevant Proceedings, being G.R. Case No. 1623 of 1994 pending before the Learned Judge, First Special Court (E.G. Act) Calcutta, arising out of Hastings P.S. Case No. 165 dated 2-7-1994, on the grounds made out therein.2. It is contended by the petitioners that the petitioner No. 1 is a partnership firm of which the other Petitioners are partners, and they were granted licence No. AGT/Cal/66 dated 16-2-1989 under the provisions of the West Bengal Kerosene Control Order, 1968 (hereinafter shortened into Order of 1968) to act as an Agent of the Indian Oil Corporation for distribution of kerosene to the Licensed Dealers under the public distribution system. The said Licence is valid, being extended from time to time by the opposite-party ...
Chaitnya Charan Das Vs. State of West Bengal and Others
Court: Kolkata
Decided on: May-16-1995
Reported in: AIR1995Cal336
ORDER1. The petitioners in these applications are said to be the freedom fighters and/or their dependents. They have filed these writ applications praying, inter alia, for a direction upon the respondents to pay freedom fighters' pension under 'Swatantrata Sainik Saniman Pension Scheme' (hereinafter referred to as 'Scheme') with effect from 1-8-1980.2. The basis fact of the matter is not indispute. 3. A scheme was initially made by the Central Government with effect from 15th August, 1972 providing for grant of pension to living freedom fighters, and their families, if they are no more alive and to the families of martyrs. The minimum amount of pension payable to the eligible candidate was Rs. 200/- per month and in the case of families the sum would vary from Rs. 100/- to Rs. 200/-per month. However not more than one member of a family was to be granted pension.4. The word 'family' includes mother, father, widower, widow, if he/she has not since remarried, unmarried daughters and sons...
Mohammad Nur Baksh Vs. Mst. Sahanara Begum
Court: Kolkata
Decided on: May-16-1995
Reported in: II(1996)DMC14
Nikhil Nath Bhattacharjee, J.1. This application under Section 401 read with Section 482 of the Code of Criminal Procedure is directed against the judgment and order dated 29th December, 1990 passed by the learned Sub-Divisional Judicial Magistrate, Barasat in Misc. Case No. 49 of 1989 of his Court. By the said order the learned SDJM dismissed petitioner's application under Section 127 of the Code of Criminal Procedure for cancellation of an earlier order dated 18th August, 1988 granting maintenance of Rs. 200/- p.m. to the opposite party wife and Rs. 100/- p.m. to their only child under Section 125 Cr.P.C. The ground on which the said application under Section 127 Cr.P.C. was based was that the petitioner had in the meantime given talaq to the opposite party, wife and that as in pursuance of the provisions of the Muslim Women (Protection of Rights on Divorce) Act, 1986, Denmahr and maintenance during the Iddat period had already been sent to her and accepted by her, the order of maint...
Pradip Kumar Mukherjee Vs. Smt. Chaitali @ Moli Mukherjee and anr.
Court: Kolkata
Decided on: May-16-1995
Reported in: (1995)2CALLT440(HC),I(1996)DMC516
N.K. Bhattacharyya, J.1. The revisional application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973, is taken up alongwith the application for vacating the interim order filed by the wife-Opposite Party No. 1 on 10.3.1995, for hearing.2. By the instant revisional application, the petitioner had challenged the order and/or judgment dated 3rd March, 1994, passed in Case No. M-135 of 1991, by the learned Judicial Magistrate, 1st class, 5th Court, Barrackpore 24-Parganas (South), whereby the learned Magistrate upon an application under Section 125 of the Code of Criminal Procedure by the wife-Opposite Party No. 1 herein granted maintenance to the wife Opposite Party No. 1 a monthly maintenance of Rs. 400/- to be paid month by month within the 2nd of every month and the petition was allowed and the husband (petitioner herein) was directed to pay the said sum at that rate since the date of filing the application. Against that order the husband (petitioner here...
Pradip Kumar Mukherjee Vs. Smt. Chaitali @ Moli Mukherjee and ors.
Court: Kolkata
Decided on: May-16-1995
Reported in: 1996CriLJ1161,II(1996)DMC321
Nripendra Kumar Bhattacharyya, J.1. The revisional application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973, is taken up alongwith the application for vacating the interim order filed by the wife opposite party No. 1 on 10.3.95, for hearing.2. By the instant revisional application, the petitioner has challenged the order and/or judgment dated 3rd March, 1994, passed in Case No. M-135 of 1991, by the learned Judicial Magistrate, 1st class, 5th Court, Barrackpore 24- Parganas (South), whereby the learned Magistrate upon an application under Section 125 of the Code of Criminal Procedure by the wife opposite party No. 1 herein granted maintenance to the wife opposite party No. 1 a monthly mainte- nance of Rs. 400/- to be paid month by month within the 2nd of every month and the petition was allowed and the husband (petitioner herein) was directed to pay the said sum at that rate since the date of filing the application. Against that order the husband (pet...
Sat Paul Vs. Inspector of Police and anr.
Court: Kolkata
Decided on: May-16-1995
Reported in: (1995)2CALLT256(HC)
Arun Kumar Dutta, J.1. The petitioner-accused, Sat Paul, thereinafter referred to as petitioner) by this Revisional Application under Sections 395 and 482(17) of the Code of Criminal Procedure, 1973 thereinafter referred to as Code has prayed for quashing of the relevant proceedings, being Special Case No. 8 of 1987 pending (before the learned Judge, First Special Court, 24-Parganas,) on the grounds made out therein.2. The petitioner contends that he was appointed as a Probationer in Indian Customs and Central Excise Services (Group-A), appointed as such by letter No. A-12025/3/84-AD. II dated July 11, 1984 after having passed the I.A.S. and Allied Services Examination in 1983. While posted as Assistant Collector of Central Excise, Calcutta, 'E' Division, Calcutta, on probation, he has been involved in the relevant case on the allegations made in the F.I.R. It is alleged in the F.I.R. that on 23rd July, 1986 some officials of the Central Excise, Preventive Department, had come to the O...
Nandadulal Dey and ors. Vs. Putul Dey
Court: Kolkata
Decided on: May-15-1995
Reported in: 1995CriLJ3821
ORDERN.K. Bhattacharya, J.1. Heard the submission of the Ld. Advocate for the petitioners Mr. Tapas Ghose and the Ld. Advocate for the O.P. Mr. Subhas Bhattacharjee appearing with Mr. Sumit Roy. Considered the materials on record.2. By this revision Under Section 397/401, 482 of the Cr. P.C. the accused-petitioners have challenged the proceeding in complaint case No. 1383/94 and also the order dated 22 November, 1994 passed by the Ld. CJM Howrah, by which the Ld. Magistrate took cognizance of the offence Under Section 498A of the IPC and directed issuance of summons. Mr. Ghose appearing for the petitioners contended that according to the petition of complaint filed by the O.P. wife herein, the entire incident of torture, both physical and mental took place within the district town of Hooghly, that is, at Chuchura and thereafter on coming back to her father's place the wife O.P. had fallen ill. As the complaint has been filed before the Ld. C.J.M. Howrah and as the Ld. Magistrate took c...
Santi Kumar JaIn and Others Vs. Anil Kumar Datta
Court: Kolkata
Decided on: May-12-1995
Reported in: AIR1996Cal4,(1995)2CALLT23(HC)
ORDER1. By this review application under O. 47, R. 1 of the Code of Civil Procedure the defendants/petitioners have prayed for review of the judgment dated 10th December, 1990 passed by the Hon'ble Mr. Justice Amulya Kumar Nandi, as His Lordship was then, in Civil Order No. 1516 of 1988.2. The original revision was directed against Order No. 249 dated 6-6-88 passed by the learned Munsif, Lal Bagh, District-Murshidabad in Title Suit No. 258 of 1978.3. On behalf of the petitioners it was contended that previously there was an inspection and in the petition for inspection it was stated that the defendants removed the southern window, of east facing room and filled up that portion by brick on 22-3-88. It was found by the Commissioner that the allegation of the plaintiff was not correct.4. By a second petition the plaintiff again prayed for local inspection alleging that the defendants had removed the window on the eastern wall of the southern room. That prayer was allowed by the learned Mu...
Sir Nirmal Kumar Dey Alias N.K. Dey Vs. Sri J.M. Lyngdon, Managing Dir ...
Court: Kolkata
Decided on: May-10-1995
Reported in: (1995)2CALLT246(HC)
Nisith Kumar Batabyal, J.1. The petitioner was appointed as Senior Assistant Manager (G) on 19.3.1973 of FCI. A xerox copy of the letter of appointment dated 9.1.1973 has been annexed with the writ petition and marked with the letter 'A'. On 6th October, 1975 the service of the petitioner was confirmed and on June 10, 1976 he was promoted to the post of Deputy Manager (G). In October, 1978, he was reverted from the post of Deputy Manager (G) to the post of Senior Assistant Manager (G). He gave a representation. But the petitioner was served with a letter of termination of his service dated 15.11.1978 by the respondent No. 1 without giving him an opportunity of being heard. Against that order, the writ petitoiner filed a writ application before the High Court at Delhi. By the order dated 12.11.1982 the Hon'ble Single Judge, Delhi High Court quashed the order of termination with liberty to FCI to initiate a departmental proceeding. Thereafter a departmental proceeding was initiated again...
Dilip Kumar Mishra Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-10-1995
Reported in: (1995)2CALLT420(HC)
Altamas Kabir, J.1. This writ petition has been moved upon notice to the respondents and Mr. Rameswar Bhattarcharjee, Id. Advocate, appears for the respondents.2. Having regard to the nature of the reliefs sought for and the facts and circumstances of the case, this applciation can be disposed of even at this stage without filing of affidavits.3. According to the petitioner, in terms of the arrangement between the State of West Bengal and the State of Orissa regarding certain inter-state bus routes, including a routes from Paradip to Calcutta, the petitioner applied for a permit for the Calcutta-Paradip route, indicated in the Orissa Gazette on 1st May, 1986, being Annexure 'B' to the writ petition. It appears that there was only one vacancy on the said route and the petitioner applied for the said route but his application was not entertained by the State Transport Authority, West Bengal.4. The petitioner, therefore, had no other alternative but to have a writ petition before this cou...
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