Kolkata Court May 1995 Judgments
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Kashinath Tapuriah Vs. Incab Industries Limited and ors.
Court: Kolkata
Decided on: May-08-1995
Reported in: [1998]93CompCas725(Cal),99CWN1178
Shyamal Kumar Sen, J.1. On October 17, 1994, the petitioner filed the above suit for the following reliefs :(a) A declaration that the plaintiff has been, still is and continues to be the chairman of the board of directors of defendant No. 1. (b) A declaration that a meeting of the board of directors of defendant No. 1, scheduled on October 5, 1994, was adjourned without transacting any business and no matter was discussed and no resolution was passed for the removal of the plaintiff as chairman of the board of directors of defendant No. 1. (c) A declaration that the alleged minutes of the alleged board meeting dated October 5, 1994, of defendant No. 1 pertaining to the purported removal of the plaintiff from the chairmanship of the board of directors of defendant No. 1 is bad, null and void, cannot be given effect to and is not binding on the plaintiff and defendant No, 1. (d) A perpetual injunction restraining defendants Nos. 1 to 5 their servants, agents and assigns from giving any ...
Smt. Chander Mohini Khuller Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: May-08-1995
Reported in: (1995)2CALLT56(HC)
Nripendra Kumar Bhattacharyya, J.1. By this revision one of the accused persons has challenged the proceeding pending in the Court of the learned 10th Judicial Magistrate, 24-Parganas (South) in complaint case No. C-1526 of 1993 T. R. No. 302 of 1993 and also for setting aside the order of taking cognizance and issuance of process against the accused petitioner and others under Section 120B, 114 and 448 of the Indian Penal Code passed by the said learned Magistrate by his orders dated 7th September, 1993 and order dated 29th January, 1994 respectively and also rejection of the petition of the petitioner under Section 205 of the Cr. Procedure Code. The relevant facts for the disposal of this application are delenated hereunder :(a) In his petition of complaint the complaint/opposite party No. 2, herein, inter alia, alleged that he is an employee and a reprentative of 'New Road Nyas' a public charitable trust located at Premises No. 1A, Lal Behari Shah Sarani, Calcutta within the jursidi...
Pam Development Pvt. Ltd. Vs. Calcutta Port Trust and anr.
Court: Kolkata
Decided on: May-08-1995
Reported in: (1995)2CALLT84(HC)
Altamas Kabir, J.1. This application under Section 20 of the Arbitration Act, 1940, involves certain interesting points of law regarding appointment of Arbitrators and Umpires in arbitration proceedings and the maintainability of a second application under Section 20 of the said Act. In order to appreciate the same, it is necessary to briefly state the facts out of which this application arises.2. On or about 13th February, 1991, the Chief Engineer, Calcutta Port Trust, issued a Work Order in favour of the petitioner Company for construction and commissioning of a High Level Road Bridge over the existing railway tracks to cater for loading at Hide Road in replacement of the existing steel Trust Bridge and to dismantle and remove the same. Disputes and differences arose between the parties during the execution of the work and the contract was terminated by the respondents on 19th October, 1993.3. The petitioner thereupon by its letter dated 20th November, 1993, forwarded a consolidated ...
Ratanlal Garg Alias Agarwal Vs. State
Court: Kolkata
Decided on: May-08-1995
Reported in: (1996)1CALLT165(HC)
Nripendra Kumar Bhattacharyya, J.1. By this revision Under Section 482 of the Cr. P.C. the accused petitioners have challenged the entire proceeding in Special Court Case No. 18/94 dated 11.8.94 pending before the court of the Id. Special Judge under the EC Act, Jalpaiguri for violation of the provision Under section 7(1) (a) (ii) of the EC Act and Sec. 8 of the Anti Profiteering Act. A police case was lodged being Jalpaiguri (Sadar) P.S. Case No. 82/94 dated 10.8.94. Seizure was made and on the basis of the Police Case, the Special Court case was started. From the record it appears that the accused No. 1 Nakul Ch. Das was produced before the court from custody on 12.8.94, while accused No. 2, Ratan Kr. Garg surrendered before the court on 16.8.94. The investigation was started and ultimately a charge-sheet was submitted on 13.2.95 before the Id. Special Judge.2. Appearing for the petitioners, Mr. De, Id. Advocate, contended that after the lapse of 6 months, as contemplated in section ...
Gopa Debi Ozha Vs. Sujit Paul
Court: Kolkata
Decided on: May-08-1995
Reported in: (1995)2CALLT94(HC),1995CriLJ3412
ORDERN.K. Bhattacharyya, J.1. By this revision the accused petitioner has challenged the order dated 26-7-94 passed in complaint case No. C/314/94 by the learned Chief Metropolitan Magistrate, Calcutta under Section 138 of the Negotiable Instruments Act, 1881 whereby the learned Magistrate took cognizance of the offence and directed issuance of process against accused No. 1, the petitioner herein.2. A short conspectus of the case is that the petitioner and her husband Ghanashyamlal Oza held 620 shares of Messers. Nazareth Engineering Company Private Limited and they agreed to transfer 50% of such shares of the said company to the opposite party herein and her wife Smt. Suli Paul. The consideration was fixed at Rs. 6,50,000/- for transfer of such shares and the opposite parties paid Rs. 5,00,000/- in cash and the balanced Rs. 1,50,000 by bank draft.3. The petitioner herein and her husband failed and neglected to transfer the said snares in favour of the opposite party herein and her wif...
The State Vs. Ratan Garg Alias Agarwala
Court: Kolkata
Decided on: May-08-1995
Reported in: 1996CriLJ2138
ORDERN.K. Bhattacharayya, J.1. By this revision Under Section 482 of the Cr. P.C. the accused petitioners have challenged the entire proceeding in Special Court Case No. 18/94 dated 11 -8-94 pending before the court of the Ld. Special Judge under the EC Act, Jalpaiguri for violation of the provision Under Section 7(1)(a)(ii) of the EC Act and Section 8 of the Anti Profiteering Act. A police case was lodged being Jalpaiguri (Sadar) P. S. Case No. 82/94 dated 10-8-94. Seizure was made and on the basis of the Police Case the Special Court case was started. From the record it appears that the accused No. 1 Nakul Ch. Das was produced before the court from custody on 12-8-94, while accused No. 2, Ratan Kr. Garg surrendered before the court on 16-8-94. The investigation was started and ultimately a charge-sheet was submitted on 13-2-95 before the Ld. Special Judge.2. Appearing for the petitioners, Mr. De, Ld. Advocate, contended that after the lapse of 6 months, as contemplated in Section 167...
Gour Sankar Pani and Others Vs. State of West Bengal and Others
Court: Kolkata
Decided on: May-05-1995
Reported in: AIR1996Cal13,100CWN275
ORDER1. Three teachers and one non-teaching employee of Gobra I.N.K.M. High School in the Djsrict of Midnapore who contested the election of teaching and non-teaching category of the school jointly have moved the instant writ application inter alia for issue of writ in the nature of mandamus commanding the respondents particularly the respondent No. 5 to reconstitute the new Managing Committee within December, 1994 after complying with necessary formalities, and also for direction upon the existing Managing Committee to hand over the charge to the newly constituted Managing Committee. A prayer for interim order was also made to the effect directing the respondent No. 5 to hold election of teaching and non-teaching category on or before 10-10-94.2. The case of the writ petitioners in the writ petition inter alia was that the tenure of the existing committee was due to expire on 31-12-94. As per the direction of the West Bengal Board of Secondary Education, the school authorities prepare...
Smt. Sunita Sharma Vs. Smt. Ratna Das (Ghosal)
Court: Kolkata
Decided on: May-05-1995
Reported in: (1995)2CALLT147(HC)
Samir Kumar Mookherjee, J.1. A suit filed by respondent No. 1 against respondent No. 2 for a declaration ended with a decree in favour of the plaintiff declaring that she was not the married wife of respondent No. 2. There has been no appeal preferred by either of the contesting parties in the said suit, but the present application has been preferred on behalf of a lady claiming to be the; wife of respondent No. 2 with a prayer for leave to file an appeal against the aforesaid judement and decree in favour of respondent No. 1. A Memorandum of Appeal has also been filed which, in terms of the report of the stamp Reporter, appears to be barred by limitation by 9 days. There is also an application under Section 5 of the Limitation Act.2. Since the question of leave has to be, decided at the outset and since the authority of this Court to entertain the appeal of the prayer for condonation of delay will have to be necessarily related to the decision on the said question, we have heard out M...
Birendra Kumar Roy and anr. Vs. Hindustan Fertilizer Corporation Ltd. ...
Court: Kolkata
Decided on: May-05-1995
Reported in: (1995)2CALLT77(HC)
Nripendra Kumar Bhattacharyya, J.1. By this revision the accused petitioners have challenged the proceeding in connection with G.R. Case No. 2973 of 1988 and particularly regarding the order by which the cognizance was taken by the learned Chief Metropolitan Magistrate, Calcutta, being order No. 14 dated 11.1.93 in that proceeding.2. The short background of the case is that the opposite party No. 1 herein, who is the appropriate officer, made a complaint before the court of the learned Chief Metropolitan Magistrate, Calcutta, and the complaint was forwarded to the police for treating the same as an F.I.R. and to investigate the matter. After completion of the investigation a final report was submitted. Being aggrieved by that final report, the opposite party No. 1 herein, the defacto-complainant, filed a protest petition and there-after the learned Magistrate directed further investigation by the D.D. Depaltment. The matter was further investigated and thereafter the chargesheet was su...
Central Bank of India Vs. Usha Aluminium Industries
Court: Kolkata
Decided on: May-05-1995
Reported in: (1995)2CALLT336(HC),100CWN408
Samir Kumar Mookherjee, J.1. The present appeal is directed against an order dated 27th September, 1994, passed by Sri P. C. Barman, learned Assistant District Judge, Raiganj, Uttar Dinajpur, in O.C. suit No. 8 of 1994, whereby an application for mandatory injunction filed by the plaintiff was allowed on terms. The defendant Bank is the appellant before this Court.2. Facts of the case, relevant for disposal of the present appeal may be summarised as follows :The appellant Bank instituted a suit being Mortgage suit No. 56 of 1993 in the Court on the learned Assistant District Judge at Raiganj, inter alia, for a decree for realisation of a sum of Rs. 1,49,903.76 for sale of stock in trade, plant and machinery, which were hypothecated and pledged with the Bank by way of security and which included 100 metric tonnes of Aluminium ingots. While the said suit was pending, the Bank caused a public auction for sale of the aforesaid 100 metric tonnes of aluminium ingots and in the auction held o...
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