Kolkata Court June 1995 Judgments
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In the Goods Of: Arun Ch. Mitra (Deceased)
Court: Kolkata
Decided on: Jun-24-1995
Reported in: AIR1996Cal159
ORDER1. This is a probate proceeding instituted by Smt. Maya Mitra, alias Saroju Mitra, the sole executrix appointed by the last Will and Testament of the deceased dated 14th July, 1947. 2. Petitioner's case is that the deceases Arim Ch. Mitra, a Hindu governed by the Dayabhaga School of Hindu Law died on 16th July, 1986 at 53, Ananda Palit Road, Calcutta-14. During his life-time the deceased executed and published his last Will and Testament in English language and character on 14th July, 1947 and appointed the petitioner the sole executrix and administrator. That the said Will was duly executed by the deceased will be evident from the affidavit of Sri S. C. Dutta one of the attesting witnesses to the Will. He has also made a similar declaration at the foot of the petition. The Will in original is annexed to the petition. The deceased left behind him (1) the petitioner as his wife, (2) Tarun Kr. Mitra, a son (3) Tapan Kr. Mitra, a son & (4) Miss Manju Bose, a daughter. In view of the ...
Santi Ranjan Gangully Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-21-1995
Reported in: (1995)2CALLT154(HC),99CWN936
Bhagabati Prasad Banerjee, J.1. The petitioner has challenged validity of the order of transfer passed on 12th May, 1992, transferring him from the post of Officerin-Charge, Gariahat Police Station to Enforcement Branch, alleging that the said order of transfer was made in the interest of public service. Along the petitioners several other officers who were also transferred by CO. No. 162, dated 12th May, 1995, which reads as follows :'The following transfers in the rank of Inspector of Calcutta Police (Investigating Cadre) are order with immediate effect in the interest, of public service : -1. Shri Prodyut Bikas Das (Offg.) of North Division, Additional Officerin-Charge, Syampukur P.S. is posted as Officer-in-Charge Jorabagan P.S.2. Shri Prabir Chakraborty (Offg.) of South Division, Additional Officerin-Charge Bhowanipore P.S. is posted as Officer-in-Charge New Alipore3. Shri Manas Kr. Bandyopadhyay of South Division, Officer-in-Charge New Alipore P.S., is posted as Officer-in-Charge...
Harminder Singh Atwal Vs. D.P. Majumder and ors.
Court: Kolkata
Decided on: Jun-21-1995
Reported in: 1996CriLJ815
ORDERN.K. Bhattacharyya, J.1. Heard the submissions of the learned Senior Advocate Mr. Balai Chandra Ray appearing with the learned Advocate, Mr. Milon Mukherjee and the learned Advocate for the State, Mrs. Alokananda Bhose. None of the learned Advocates for the accused opposite parties is appearing. Considered the materials on record.2. From the record it evinces that the accused opposite parties Nos. 1 to 10 herein were committed to the Court of Session on an allegation of an offence under Section 395 of the Indian Penal Code and the learned Assistant Sessions Judge, Asansol, by order dated 8th December, 1980, in Sessions Case No. 111 of 1980 directed issuance of summons on the witnesses of the de facto complainant, who were not exained. At that stage the said order was challenged and also the proceeding derived from the order of commitment of the learned Magistrate were also challenged in this Court in revision being Criminal Revision No. 22 of 1981 under Section 482 of the Code of ...
Himangsu Kumar Sett and ors. Vs. Special Land Acquisition Officer, Gov ...
Court: Kolkata
Decided on: Jun-19-1995
Reported in: (1995)2CALLT227(HC)
Altamas Kabir, J.1. The petitioners claim to be the owners of various plots of land, popularly known as 'Dharampur Camp Site', situated a Mouza Palasi, under Bijpur Police Station, in the district of Nadia (formerly district North 24 Parganas).2. According to the petitioners, the said lands measured approximitely 59.93 acres, of which an area comprising 51.90 acres was proposed to be acquired under the Land Acquisition Act 1894, hereinafter referred to as 'the 1894 Act', for the purpose of Kalyani University. The remaining 2 acres of land has been left out of the acquisition proceedings for reasons best known to the authorities.3. It is the petitioners' case that there are about eighty permanent structures located on the said lands, which are used mainly for accommodating the staff of the said University, along with a large number of fruit-bearing and other trees.4. It appears that the said Dharampur Camp site was requisitioned by the Government of India under Case No. L.A. (viii)/246 ...
Shyamraj Vs. the State
Court: Kolkata
Decided on: Jun-19-1995
Reported in: 1995CriLJ3363
N.K. Batabyal, J.1. This appeal is directed against the judgment and order of conviction and sentence passed by the learned Sessions Judge, A & N Islands, in Sessions case No. 22 of 1991 (Sessions Trial No. 1st of September, 1994).2. The ld. Sessions Judge has found the appellant guilty of the offence under Section 363/376(2)(b) of the IPC and convicted him thereunder and sentenced him to suffer rigorous imprisonment for 10 years for the offence under Section 376(2)(b), IPC and to pay a fine of Rs. 2000/- i.e.; to R.I. for six months more. The learned Sessions Judge has also sentenced him to suffer 3 years rigorous imprisonment and pay a fine of Rs. 1000/- i.e. to R.I. for 3 months more for the offence under Section 363, IPC. The two sentences are to run concurrently. The learned Sessions Judge has found the appellant not guilty of the offence under Section 307, IPC and acquitted him thereunder.3. Being aggrieved by and dissatisfied with the judgment and order of conviction and sentenc...
P.C. Bhattacharya Vs. State
Court: Kolkata
Decided on: Jun-19-1995
Reported in: 1996CriLJ41
ORDERSamaresh Banerjea, J.1. In the instant Writ application, the Writ petitioner has prayed for issue of a Writ in the nature of Mandamus directing the Police authorities to act in accordance with law and to give effect to or implement the order of the Executive Magistrate and to protect the petitioner's premises at CB 96, Salt Lake from encroachment and trespass and to cause the Respondent No. 5 to leave the petitioner's premises thus restoring status-quo ante. It has been further prayed for issue of a Writ in the nature of Mandamus directing the Police authorities to give effect to the order of the Executive Magistrate and to render all legal protection to the petitioner ensuring his personal safety and protection to his life, liberty and limbs.2. It is the case of the petitioner that the Respondent No. 5 is his daughter-in-law (son's wife) and she has allegedly trespassed in his house and the Respondent No. 5 along with Respondent No. 6 to 12 and creating serious disturbance in the...
In Re: Sri Arabinda Saha Vs. Smt. Protiti Chatterjee and ors.
Court: Kolkata
Decided on: Jun-16-1995
Reported in: (1996)1CALLT17(HC)
Bijitendra Mohan Mitra, J.1. The present revisional application is directed against order No. 5. dated 12.05.95 passed by the 1st Court of Muhsif at Barasat in Title Suit No. 200 of 1995. By the impugned order the learned Munsif has allowed an application under Order 39, Rule 7 read with section 151 of the Code of Civil Procedure, The same has been preceded by passing of order No. 3 dated 8.5.1995 by the learned Court below issued a show cause notice on a petition for injunction under Order 39, Rule 1 and 2 of the Code of Civil Procedure upon the defendant Nos. 1 and 2 and the Court has been further pleased to direct maintenance of status quo of the suit property till disposal of the application for temporary injunction. There has been a gap in between the two orders of 4 (four) days on, inter alia, the averments made in paragraph 2 of the connected petition under Order 39, Rule 7 of the Code of Civil Procedure on the footing that the defendants are trying to disposes the plaintiffs by...
Calcutta Municipal Corporation and ors. Vs. Arunendra Nath Banerjee
Court: Kolkata
Decided on: Jun-15-1995
Reported in: (1996)2CALLT81(HC)
Bhagabati Prosad Banerjee, J.1. This appeal, filed by the Appellant, is against the judgment delivered by Salyabrala Sinha, J., passed on 26th September, 1991.In the writ application, the writ petitioner opposite party, inter alia, prayed for issuance of a writ in the nature of Mandamus, directing the appellants to grant formal sanction of the building plan in terms of the decision already taken in this behalf by the Municipal Authorities. The facts of this case for the purpose of this appeal is that the writ petitioner opposite party is the owner of the premises No. 39, Shakespeare Sarani, Calcutta, and filed an application for sanction of the building plan before the Calcutta Municipal Corporation on 11th October, 1988. 'No. Objection' Certificate from the Director of West Bengal Fire Services as well as from the Deputy Commissioner (Traffic) were obtained and filed. The Municipal Building Committee recommended the sanction of the said building plan on 30th December, 1988, subject to...
Satyanaran Bari and ors. Vs. Smt. Protima Banerjee
Court: Kolkata
Decided on: Jun-13-1995
Reported in: (1995)2CALLT165(HC)
Samir Kumar Mookherjee, J.1. The present appeals arise out of Order No. 261 dated 12.9.1991, passed by the learned Chief Judge, City Civil Court, Calcutta in Misc. case No. 59 of 1972 allowing an application under Order 21, Rule 90 read with Section 151 of the Code of Civil Procedure at the instance of respondents 1 (a) and 1 (b). The auction sale in question was confirmed on 20.12.71 and the application for setting aside the said sale had been filed on 19.1.1972. The records reveal that, at various stages of the auction sale, the judgment debtors had appeared, and, on deposits of different amounts, the sale was kept postponed from time to time. The records further reveal that in the application for setting aside the auction sale, fraud and irregularities in conducting the sale had been pleaded along with various other contentions. From the impugned Order, it appears that the learned Judge had adverted, amongst others, to the pleadings of fraud and the point about limitation of the app...
The Ganges Manufacturing Co. Ltd. and ors. Vs. the State of West Benga ...
Court: Kolkata
Decided on: Jun-12-1995
Reported in: 100CWN129,(1996)IILLJ904Cal
Gitesh Ranjan Bhattacharjee, J. 1. In this petition moved under Article 226 the Petitioners who are the Ganges Manufacturing Company Limited ('company', for short) and its Managing Director pray for quashing the impugned order No. 28 dated January 10, 1995 passed by the Judge, 4th Industrial Tribunal, West Bengal in case No. VIII-29/92 by which the learned Judge directed the Company to lead evidence first in the case arising out of a refer-ence made by the State Government under Section 10 of the Industrial Disputes Act, 1947. The Company allegedly dismissed five of its workmen after holding a domestic enquiry and also, terminated the services of 66 workmen by way of striking off their names from the register of the Company. The dispute was then referred to the said Industrial Tribunal under Section 10 of the Industrial Disputes Act, 1947. The partiesfiled their written statements before the Industrial Tribunal. In the written statement the Company prayed for hearing of the question of...
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