Kolkata Court May 1995 Judgments
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Mohammad Ali Vs. Safiqul and ors.
Court: Kolkata
Decided on: May-05-1995
Reported in: (1995)2CALLT402(HC)
Nripendra Kumar Bhattcharyya, J.1. The petitioner by this revision has challenged the order dated July 15, 1994 passed by the learned Executive Magistrate, Islampur, District Uttar Dinajpur, in Case No. 74-MR of 1994. By the order impugned the learned. Magistrate converted the proceeding under Section 144 to a proceeding under Section 145 of the Code of Criminal Procedure and attached the land in dispute under Section 146 of the Code of Criminal Procedure and directed the parties to file written statement by 10th August, 1994. He also appointed the Officer-in-Charge, Karandighi Police Station, a custodian of the land in dispute.2. The short background of the case is that upon the petition of the petitioner, who is the first party in Case No. 74-MR of 1994 under Section 144 of the Code of Criminal Procedure, the learned Magistrate by his order dated 19th May, 1994 drew up a proceeding ex parte upon the assertion of the said first party that he was in possession of the land in question. ...
Hindustan Steelworks Construction Ltd. Vs. G.S. Cherra and Company and ...
Court: Kolkata
Decided on: May-05-1995
Reported in: (1996)1CALLT120(HC)
Altamas Kabir, J.1. This is an application under sections 5, 11 and 12 of the Arbitration Act, 1940, filed by Hindustan Steelworks Construction Ltd. for removal of the Joint Arbitrators nominated by the parties and for orders consequential thereto.2. The petitioner is a government owned company, having its registered office at No. 1, Shakespeare Sarani, Calcutta-700071. On 24th December, 1980, a letter of Intent was issued by the petitioner company in favour of the respondent No. 1, which carries on the business of civil engineering, for the construction of constructive buildings, theatre hall, conference room, dining hall and kitchens for a training centre complex at Tripoli in Libya. A formal agreement was executed between the parties on 2nd February, 1983, containing an arbitration clause which provided that all disputes and differences arising out of the contract would be referred to Joint Arbitrators, one to be nominated by the petitioner company and the other by the respondent No...
Vijay Pahwa Vs. Samir Mukhopadhyay, Deputy Commissioner of Income-tax ...
Court: Kolkata
Decided on: May-05-1995
Reported in: (1995)129CTR(Cal)64,[2001]250ITR354(Cal)
1. On April 17, 1995, certain income-tax authorities visited the chamber of Dr. Vijay Pahwa, an eye surgeon being the writ petitioner, purporting to conduct a survey under Section 133A of the Income-tax Act, 1961.2. A document has been produced in court, which has been kept countersigned by my officer, which shows that there was no obstruction put by Dr. Pahwa or any facility withheld by him from allowing a survey to be made.3. The officers conducted a survey. Clothed with the large powers given to them by the Income-tax Act as amended up to date, they started acting in a manner people do in autocratic countries where there is no check on petty Government officials.4. Apparently, they immediately served on April 17, 1995, itself summons upon Dr. Pahwa for production of documents. Such summons can be served under Section 131(1) only in the case of obstruction by the person concerned or when some sort of hindrance is put up by him. The summons was immediately executed on the same day wit...
Niranjan Ghosh Vs. Ananda Mondal
Court: Kolkata
Decided on: May-05-1995
Reported in: 1995CriLJ4086
ORDERS. Narayan, J.1. Being aggrieved by the judgment and order of the Sub-Divisional Judicial Magistrate made on May 3, 1989 in G.R. Case No. 786/1979/T.R. No. 253A/82, the petitioner Niranjan Ghosh has come up with the instant petition-in-revision. The petitiaoner was the injured victim of the alleged occurrence of the aforesaid trial. The trial ended in acquittal of all the three accsued/O.P.s of the offence under Section 326/34 of the I.P.C.2. The main thrust of the petition is on the point that the trial court should have exercised powers conferred under Section 311 of the Cr.P.C. so as to summon the doctor along with the records of the hospital relating to the injuries on the person of the petitioner and also to summon the Police Investigating Officer at the trial. It has also been urged to reappreciate the evidence available on the record.3. In order to appreciate the view point raised on behalf of the petitioner, it seems necessary to narrate the course of the trial, which obvi...
indrajit Mukherjee Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: May-04-1995
Reported in: 1995CriLJ3250
ORDERNure Alam Chowdhury, J.1. This Revisional Application under Section 401 read with Section 482 of the Code of Criminal Procedure on behalf of the petitioner husband Indrajit Mukherjee, is directed against the order dated 28th April, 1994, passed by Sri P. Dey, learned Sub-Divisional Judicial Magistrate, Burdwan, in connection with Burdwan Police Station case No. 368 dated 18-7-93 under Sections 498A/346 of the Indian Penal Code, allowing there by the petition on behalf of the wife Nandini Mukherjee (Respondent No. 2 in this application) for recording her statement under Section 164 of the Code of Criminal Procedure for the second time and directing the Investigating Officer of this case to arrange for recording the said statement afresh.2. Briefly stated, the facts of the case are as follows:One Mira Roy lodged a complaint with the officer-in-charge of Burdwan Police Station on 18-7-93 alleging inter alia that her daughter Nandini was married to the petitioner Indrajit Mukherjee on...
Sridhar Das Vs. State of West Bengal
Court: Kolkata
Decided on: May-04-1995
Reported in: 1996CriLJ813
ORDERNure Alam Chowdhury, J.1. This revisional application under Section 401 read with Section 482 of the Code of Criminal Procedure has been heard as a 'contested application.'2. Heard the learned Advocates on behalf of the petitioner and the State, perused the records.3. In this application, the petitioner Sridhar Das, an accused in Sessions Trial No. 1(4)94, under Section 302 I.P.C. now pending before the learned Additional District Judge, 2nd Court, Alipore, has challenged the order dated January 2, 1995 passed by Sri R.N. Mallick Chowdhury in the aforesaid case, allowing the 3rd application of the learned Special Public Prosecutor in the aforesaid Trial so far as the prayer for recalling of PW-3 Smt. Rekha Ghosh Chowdhury, PW-6 Prabir Bhattacharyya and PW-8 Sri Babulal Shaw for their re-examination. It appears that two such similar applications for the same prayer for re-examination were rejected earlier by the same Court and those three witnesses PWs-3, 6 and 8 were declared 'hos...
Narayan Das Bhaiya Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: May-04-1995
Reported in: 1998(60)ECC518
Mukul Gopal Mukherji, J.1. The present writ application praying inter alia for a writ in the nature of Habeas Corpus for securing the release of the petitioner's son Govardhan Das Bhaiya, the detenu arrested on January 11, 1995 on the strength of an order of detention bearing No. 673/2/95-Cus. VIII dated 5.1.95 passed by the Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974. The writ application seeks a declaration to the effect that the impugned order of detention is ultra vires to the Constitution of India and/or the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act and as such being illegal and invalid, is liable to be quashed. The writ application further seeks an order upon the respondent authorities including the Superintendent Presidency Jail to set at liberty the detenu Govardhan Das Bhaiya forthwith.2. The or...
Peerless General Finance and Investment Co. Ltd. and anr. Vs. Reserve ...
Court: Kolkata
Decided on: May-03-1995
Reported in: [1996]85CompCas808(Cal)
Shyamal Kumar Sen, J.1. In the instant writ petition the petitioners have challenged the legality and validity of the two amendments made by the Reserve Bank of India to the Residuary Non-Banking Companies (Reserve Bank) Directions, 1987, which were framed by the Reserve Bank of India in 1987 in exercise of the powers under Sections 45J and 45K of the Reserve Bank of India Act, 1934. The impugned amendments have been made through two notifications dated April 10, 1993, and April 19, 1993. The impugned amendments purport to have been made under Sections 45J, 45K and 45L of the Reserve Bank of India Act, 1934.2. The petitioner-company carries on the business, inter alia, of offering various small savings schemes to the public at large, Under the said scheme, moneys are paid by the subscribers in lump sum or in instalments and the subscribers get back the said money at the end of a contractually stipulated maturity period along with interest accrued thereon and certain guaranteed accretio...
Sailendra Nath Roy Vs. State of West Bengal
Court: Kolkata
Decided on: May-03-1995
Reported in: (1995)2CALLT144(HC)
Nripendra Kumar Bhattacharyya, J.1. In this revisional application under Section 401. and 482 of the Code of Criminal Procedure and under Article 227 of the Constitution of India the petitioner has challenged the chargesheet No. 12 dated 29th January, 1969 submitted by the Officer-in-charge, Kaliachak P.S. and the procedings in G.R. Case No. 1280 of 1968 pending in the court of Judicial Magistrate (II), Malda. The brief conspectus of the case is that sometime on 19.6.68 a cinema hall was collapsed due to severe Tornedo which was owned by the petitioner herein and over that incident one Razzak of Gharialichak lodged a complaint with the Officer-in-charge, Kaliachak P.S. regarding an unnatural death. The District Magistrate, Malda, who was alleged to be functioning under Section 159 of the Criminal Procedure Code directed his subordinate Executive Magistrate, Sri P. Chakraborty, a Magistrate First Class to hold a preliminary enquiry into the matter. The said Sri Chakraborty held a prelim...
Union of India (Uoi) Vs. Sri Kedar Somani
Court: Kolkata
Decided on: May-02-1995
Reported in: (1995)2CALLT323(HC)
Baboo Lall Jain, J.1. The petitioner, Union of India made an application to this Court on 8th March, 1994, under Section 30 and 33 of the Arbitration Act, 1940, inter alia, praying that this Court has no pecuniary jurisdiction to entertain, try and determine or to pass a judgment upon the award in the above Award Case No. 7 of 1994. It was; also prayed that the award be declared null and void and set aside and for other consequencial orders.2. It has inter alia been stated in the petition that the Executive Engineer, Gangtok, Central Public Works Division, Gangtok, Sikkim, by letter dated 9.10.1986 accepted the tender submitted by the respondents which was for the site development work of construction of staff quarters for A.G. Sikkim at Syari Busti, Gangtok. The accepted contract price was of Rs. 17,04,652.50 paise. The date of commencement of work was 24.10.1986 and the work was stipulated to be completed by 23.8.1987.3. The said contract agreement being No. 23/SE/86-87 contained an ...
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