Kolkata Court July 1995 Judgments
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Rajendra Prasad Singh Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Jul-25-1995
Reported in: (1996)ILLJ1003Cal
Satyabrata Sinha, J.The judgment of the Court was as follows: The Petitioner in this application has, inter alia, prayed for the following reliefs:- ' A) A writ of or in the nature of Mandamus ii) Commanding the respondents and each of them to recall, rescind, withdraw or to cancel the purported order of suspension dated January 16, 1995, the penultimate portion of the order of suspension dated January 17, 1995, the purported charge-sheet dated February 3, 1995 and the purported order of the Appellate Authority dated May 30, 1995 as contained in Annexure 'A', 'B', 'C' and 'E' herein: ii) Commanding the Respondent No,2 herein to appoint any other Divisional Security Commissioner, R.P..F. South Eastern Railway as a Disciplinary Authority of the Petitioner in this instant case and to direct the Respondent No. 4 herein not to act as a Disciplinary authority of the petitioner. iv) Declaration of Rule 143.2 of R.P.F. Rules 1987 ultra vires So far as the last relief is concerned, the learned...
Business Forms Ltd. and Ashoka Agencies
Court: Kolkata
Decided on: Jul-24-1995
Reported in: AIR1996Cal153,[1999]95CompCas172(Cal)
ORDER1. This application has been made by Ashoka Agencies for the compulsory winding up of M/s. Business Forms Ltd. 2. The case'of the petitioner is, inter alia, to the effect that pursuant to and in terms of several orders placed by the company on the petitioner, the petitioner from time to time sold and delivered 'paper' to the company on agreed rates as per specification given by the company. Petitioner also raised bills in respect of such supplies on the company. The company accepted such bills without raising any objection with regard thereto, and also made diverse payments in respect of the saidbills. After giving due credit for such payment made by the company to the petitioner in respect of the bills raised by the petitioner on the company in order of time a total sum of Rs. 24,32,416 Olp. remained due and payable by the company to the petitioner as on March 31, 1992. The further case of the petitioner is that the company duly accepted the aforesaid and by writing duly acknowle...
In Re: Nebu Lal Shaw
Court: Kolkata
Decided on: Jul-24-1995
Reported in: (1995)2CALLT278(HC)
Ralbin Bhattacharyya, J.1. This is an application, for bail under Section 439 of the Code of Criminal Procedure on behalf of the petitioner Nebu Lal Shaw in this case under Sections 302/307/326/120B of Indian Penal Code.2. Petitioner's case is that he was arrested on 20.3.1995 and chargesheet was submitted by the Investigating Officer on 15.6.1995 against six accused persons. The petitioner's prayer for bail was rejected by this Court on 10.4.1995, 10.5.1995 and 22.6.1995 and he is in custody for more than 4 months being under medical treatment and he is aged about 75 years. On 10.7.1995 the Investigating Officer's prayer for further investigation under Section 173(8) of the Code of Criminal Procedure being allowed, statement of two witnesses were recorded under Section 161 of the Code of Criminal Procedure and those witnesses were also examined under Section 164 of the Code of Criminal Procedure. According to the petitioner, as the Investigating Officer will have to file a supplementa...
The Hearst Corporation Vs. Dalal Street Communications Ltd.
Court: Kolkata
Decided on: Jul-21-1995
Reported in: (1995)2CALLT346(HC)
Ruma Pal, J.1. The plaintiff publishes a monthly magazine by the name 'Esquire' and has been doing so since 1933. The magazine is sold internationally. Sales of the magazine are also effected in India. The plaintiff is the registered proprietor of the Trade Marke 'Esquire' in India. Registration of the trade mark was granted in 1942 by the Trade Mark Registry at Calcutta in respect of inter alia magazines and periodicals. The trade mark is still valid. The plaintiff also owns the copy right in the script, get-up and style in which the trade mark 'Esquire' is retailed.2. Since October, 1994 the defendant has been publishing a monthly magazine with the name 'E-square'.3. The plaintiff has filed this suit claiming that the defendant has thereby infringed the plaintiffs, trade mark and copy right of the trade mark 'Esquire'. An application for interim relief was filed and an ad-interim order was passed on 10th May, 1995 restraining the defendent from publishing the June issue of 'E--square...
Smt. Anjula Pal (Roy) Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-21-1995
Reported in: (1996)1CALLT88(HC)
Asok Kumar Chakravarty, J.1. The petitioner's case is that she was appointed as an Assistant Teacher of Sri Sri Radhamadhab Jew Junior High School at Chrimarshi, P.S. Kotwali District Midnapore in 1966 and her appointment was duly confirmed by the District Inspector of Schools (SE) Midnapore on and from January 2, 1969. She initially applied for leave from 6.7.71 to 14.9.71 and after the said leave was granted she went to reside with her husband and submitted an application for maternity leave from 15.9.71 to 15.1.72. The school authorities by letter dated 16.11.71 directed the petitioner to join her duties within a week from the date of the notice. On receipt of such notice she informed the school authorities that she had given birth of a child on 30.11.71, and prayed for leave for a further period of two months from January 15, 1972 to March 13, 1972. The Secretary of the managing Committee thereafter informed her by letter dated 15.2.72 that she must join her duties within a fortnig...
Alok Sarkar Vs. Anindita Sarkar
Court: Kolkata
Decided on: Jul-20-1995
Reported in: 1996CriLJ126
ORDER1. This appeal is preferred against an order dated 13th July, 1995 passed by a learned single Judge of our Court in Contempt proceeding being Civil Rule No. 362/95.2. In the Matrimonial suit there was a proceeding for a child's custody under Section 26 of the Hindu Marriage Act and the learned Trial Judge directed the child to be handed over to the custody of the mother. The father was given the liberty to visit the child once every week.3. Against this Order No. 9 dated 26th September, 1994 passed by the learned Additional District Judge, 13th Court, Alipore (South) 24 Paraganas in Matrimonial Suit No. 15/94, the husband Aloke Sarkar, father of the child Ayan, preferred a revisional application before this Hon'ble Court being numbered as Civil Revision No. 1838A of 1994. It was disposed of by a learned Single Court of our Court on 23rd December, 1994 on the affirmation of the Trial Court's order and the father of the child was directed to band over the custody of the child to the...
Peoples' Union for Liberties and others Vs. Union of India and others
Court: Kolkata
Decided on: Jul-19-1995
Reported in: AIR1996Cal89,100CWN357
ORDER1. This writ petition was filed by Peoples' Union for Civil Liberty and thirteen Public men of eminence praying for a mandate on the Central Government to implement the Prasar Bharati (Broadcasting Corpn.) Act, 1990 forthwith without further delay.The petition was moved with notice to the Central Government, its Officers, all recognised national political parties and their leaders. All India Joint Council of Door-darshan Production Staff Association also became a party respondent to support the petitioners. 2. Except the Union of India and its Officers all the respondents are supporting the case of the petitioners. Before the General Election in 1989 the Peoples' Union for Civil Liberties had put up a 7-point charter of demands to all political parties. The first demand of the said seven demands stated as follows: 'Radio and Television should be placed under the Control of one or more autonomous bodies created by law', 3. After the election, Janta Dal came to power and formed Mini...
Mihir Kumar Dutta Vs. B. Mukherjee and anr.
Court: Kolkata
Decided on: Jul-19-1995
Reported in: 99CWN1065,(1996)IIILLJ136Cal
ORDERR.P. Gupta, J.1. This judgment will dispose of 10 (ten) Revision petitions filed against prosecution under Section 14(A)(1) of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952. The petitioner accused was liable to pay employee's share as well as his own contribution to the Provident Fund for the month of October, 1985 to February, 1986. They had failed. Proceedings for recovery were started against them under Sections 8 of the Act. Certificates were issued by the Certificate Officer for the recoveries. The accused-petitioner made payment by challans dated July 28, 1986, March 25, 1987, April 13, 1987, May 19, 1987, August 28, 1987, June 20, 1987 and lastly September 10, 1987. Thus the last payment pertaining to the default period had been completed by September 10, 1987.2. The above ten complaints were filed on October 26, 1989 before the Additional Chief Judicial Magistrate, Alipore 24 Parganas (South) and the learned Magistrate took cognizance and directed su...
Sri Amiya Mukherjee Vs. Sri Panchkari Nandy and ors.
Court: Kolkata
Decided on: Jul-19-1995
Reported in: (1996)1CALLT48(HC)
Basudeva Panigrahi, J.1. Defendant, in T.S. No. 56 of 1978/150/75 before the Court of Munsif, 1st Additional Court, Howrah had challenged the Judgment and Decree of affirmance passed by the Additional District Judge, Howrah 2nd Court in T.A. 316 of 1985. The facts leading to this appeal are thus:--2. That the plaintiffs have filed the suit for ejectment and for arrear rents against the defendant. It is stated that the defendant was a habitual defaulter since June 1974. The registered notice was sent through the advocate of the plaintiffs to the defendant claiming arrears of rent and ejectment. The Acknowledge Due Cards, after service, came back to the learned Advocate of the plaintiffs. It is further claimed by the plaintiffs that the tenancy of the defendant was terminated after notice. Defendant in his written statement has however, disputed that he was a defaulter much less since June 1974. During the pendency of the suit plaintiff No. 1 filed a amendment petition claiming that afte...
Gayatri Mahapatra and ors. Vs. Pijus Kanti Das Roy and ors.
Court: Kolkata
Decided on: Jul-19-1995
Reported in: (1996)1CALLT78(HC)
Basudeva Panigrahi, J.1. This appeal is directed against the confirming Judgement and Decree passed by the 4th Court of the Additional District Judge, Midnapore in Title Appeal No. 258/80 dated 22nd December, 1981 dismissing the plaintiffs appeal.2. The facts leading to this appeal are summarily stated :-That the appellant who was the plaintiff in T.S. 34/83 in the S.D. Court of Munsif at Jhargram filed a suit for declaration of title and permanent injunction. The suit property known as 'Nutanpukar' appertaining to Mouzsa Ramgarh in Plot Nos. 78 and 79 originally belonged to the ancestors of the defendants 1 to 10. It is further the case of the plaintiff that the ancestors of the landlords/defendants had agreed to lease out the suit tank with the surrounding bank following which the plaintiff executed a Kobuliyat in favour of the landlords who had accepted the same and passed receipt in lieu of rent. Thus, the plaintiff became a tenant in respect of the disputed Tank with its bank unde...
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