Kolkata Court July 1995 Judgments
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Bikash Chandra Deb Vs. Vijaya Minerals Pvt. Ltd.
Court: Kolkata
Decided on: Jul-10-1995
Reported in: 2005(1)CHN582
Umesh Chandra Banerjee, J.1. This stay petition is directed against an order of the learned Single Judge, confirming the earlier interim order passed in the matter.2. One redeeming feature, however, ought to be noted at this juncture that against the grant of interim order in terms of prayers (c) and (d) of the petition, the appellant herein moved this Court on an earlier occasion, but this Court did not consider it fit to pass any order and disposed of the matter with an observation that the main interlocutory application ought to be disposed of with utmost expedition.3. The records depict that the matter has since been finally disposed of by the learned Trial Judge, wherein the interim order passed earlier stands confirmed and it is against the final order in the interlocutory application that Mr. Anindya Mitter has moved this application for stay.4. Mr. Mitter appearing in support of the stay application submitted in no uncertain terms that even though there exists an agreement betw...
Pratul Kr. Mukherjee Vs. Steel Authority of India and ors.
Court: Kolkata
Decided on: Jul-07-1995
Reported in: (1996)IILLJ869Cal
Satya Brata Sinha, J.1. The ambit and scope of the right of the employee to correct his date of birth is the corequestion involved in this application. 2. The petitioner is an employee of the Respondent No. 1 being a Canteen Helper having been appointed on September 17, 1973. He at the relevant time filed a School Leaving Certificate showing his date of birth as November 26, 1937. His mother, however, on August 16, 1968 affirmed an Affidavit alleging that the date of the birth of the petitioner was November 24, 1942 and the uncle of the petitioner erroneously recorded his date of birth in the School Register as November 26, 1937. 3. November 26, 1937 was recorded as the date of birth of the petitioner in the Service Book. The petitioner appeared in the School Final Examination in the year 1975 as a private candidate wherein his date of birth was recorded as November 24, 1942. He filed the said Matriculation Certificate and the fact that he passed the Matriculation Examination was recor...
B.D. Motors and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-06-1995
Reported in: (1995)2CALLT433(HC)
ORDERSamaresh Banerjea, J.1. In the instant writ application, the writ petitioner has challenged a resolution of the State Transport Authority dated 8th March, 1995 rejecting the application of the writ petitioner for grant of a permanent permit in the route Calcutta to Solepatta on the ground that a major part of the route is aligned with Calcutta to Digha route which is a notified one.2. It is the contention of the petitioner that in the year 1986, he made an application before the State Transport Authority, West Bengal, prayer's for grant of permit on the route Calcutta to Chandhali via Contai, Balasore, whereupon the petitioner was informed that the said inter-State route had not been published in the official gazette and the question of issuance of permit, as applied for, may be taken up for further consideration after the relevant notification is published in the Calcutta Gazette. After receiving such communication, the petitioner made a representation before the State Transport ...
Jahed Alias Jiad Shah Vs. State
Court: Kolkata
Decided on: Jul-05-1995
Reported in: 1995CriLJ3451
R. Bhattacharyya, J.1. This criminal appeal is directed against an order of conviction and sentence passed by the learned Additional Sessions Judge, Contai, District Midnapur imposing imprisonment for life for having committed an offence under Section 302 of the Indian Penal Code. He is also convicted for having committed another of fence under Section 498A of the IPC and to pay a fine of Rs. 2,000/-, in default, SI for six months. Both the sentences are to run concurrently.2. To follow the points raised in the appeal, a brief synopsis of the case is essential, the object being to unfold the narrative.3. The preamble of the prosecution reveals, as towering from the materials on record, that the de facto complainant Sk. Ershad PW 2 lodged a com plaint with the officer- in- charge of Ramnagar PS on 18-9-89 about the incident, following which, an FIR was immediately drawn up by the S .I. Ranjit Banerjeeon 27-9-89, PWI was at the material point of time attached to that PS.4. The law was im...
Ajit Kumar Bandapadhyay Vs. Smt. Jayshree Chowdhury
Court: Kolkata
Decided on: Jul-05-1995
Reported in: 1995CriLJ3449
Satya Brata Sinha, J.1. This application for contempt arises out of an order dated 26-9-89, operative portion whereof reads thus -'Heard the learned Advocate appearing for the respondent (?) It is submitted on behalf of the respondents Nos. 1 and 2 that the respondent wanted to pay salary but the petitioner did not take the salary. However, the respondents have no objection provided the salary is given in the scale of Store-keeper. The learned Advocate appearing for the respondent further submits that since the petitioner did not accept the salary which was payable to me, the respondent have deposited the same in a Bank account and the respondent have no obejction if the said amount is withdrawn from the Bank. Consideing the facts the petitioner will be at liberty to withdraw the salary and allowances deposited by the petitioner in the Bank along with the interest accrued thereon.'2. The petitioner was S-2 Supervisor. He is a science graduate and also holds a post-graduate diploma. As ...
State Vs. Bhola Pal Alias Salil Pal
Court: Kolkata
Decided on: Jul-05-1995
Reported in: 1995CriLJ3717
A.K. Chakravarty, J.1. This Death Reference No. 2 of 1994 as well as Criminal Appeal No. 173 of 1994 arises out of the orders of convictions and sentence passed by Learned Additional Sessions Judge, Raiganj Uttar Dinajpur dated 23-6-94.2. The prosecution case is that one Sishir Sharja lodged a verbal complaint at 10.30 p.m. on 3-7-83 at the Raiganj Police Station to the effect that on date at about 7.30 p.m. he and victim Benu Sarkar were proceeding together towards Benu Sarkar's house. When they had reached the junction of 'Anami Sangha Club' near Mohanbati Bazar, two youths wearing shirts and trousers came along the northern side and moved ahead. After both of them had gone about 20 cubits, they stopped and called 'come here, Benu Da'. After talking for few minutes, Benu said that they will have further talk tomorrow. When Benu Sarkar was coming back one of the two youths had fired. After being hit by such firing Benu Sarkar had fallen down on the road. Then the complainant started r...
Rossell Industries Ltd. and Another
Court: Kolkata
Decided on: Jul-04-1995
Reported in: AIR1996Cal257,[1998]91CompCas333(Cal),100CWN677
ORDER1. This application has been made by Rossell Industries Lid. and Rossell Tea Ltd., inter alia, for final sanction of the Scheme of Arrangement between Rossell Industries Ltd. and Rossell Tea Ltd. and their respective shareholders being Annexure 'A' to the petition. The said Scheme of Arrangement provides for transfer of the undertakings relating to three Tea gardens viz., Dikom Tea Estate, Nokhrey Tea Estate and Borahi Tea Estate of Rossell Industries Ltd. which taken together are defined in the said Scheme of Arrangement as 'Wilton Tea' and are referred to hereafter also in brief as 'Wilton Tea' to Rossell Tea Ltd. This transfer of the undertakings is to be in exchange of shares of the petitioner No. 2 which are to be allotted to the shareholders of the petitioner No. 1 as specified in the said Scheme.2. The meeting of the shareholders of the two petitioner-Companies was directed to be held under the Chairman appointed by this Court and it appears that the said meeting was attend...
Sri Santosh Kumar Hui Vs. Sri Prakash Kumar Palit and Others
Court: Kolkata
Decided on: Jul-04-1995
Reported in: AIR1995Cal381
ORDER1. This petition, which arises out of an application under Article 227 of the Constitution of India, is directed against an order dated 14-3-1992 in C.R. 61 of 1991 of the Additional District Judge, Hooghly allowing the revision rejecting the prayer for amendment of the pleading filed by the petitioner. 2. The petitioner (hereinafter referred to as plaintiff) filed a suit for specific performance of contract in Title Suit No. 135/87 before the 1st Court of learned Munsif at Chinsurah, Hooghly against the respondent/ opposite party (hereinafter referred to as defendant) inter alia, for compensation by way of interest at the rate of 15% on Rs. 1,000/-from 2nd February, 1986 together with other consequential reliefs. It is stated by the plaintiff that the defendant/opposite party No. 1 had his land adjacent to resi-dential house of the plaintiff on the North of the suit property. Since the defendant No. 1 was residing at a far-off place intended to sell the suit property. It is state...
In Re: Rosell Industries Ltd.; in Re: Rossell Tea Ltd.
Court: Kolkata
Decided on: Jul-04-1995
Reported in: (1995)2CALLT393(HC)
Baboo Lall Jain, J.1. This application has been made by Rossell Industries Ltd. and Rossell Tea Ltd., inter alia, for final sanction of the Scheme of Arrangement between Rossell Industries Ltd. and Rossell Tea Ltd. and their respective shareholders being annexure 'A' to the petition. The said scheme of Arrangement provides for transfer of the undertakings relating to three Tea gardens, viz, Dikom Tea Estate, Mokhrey Tea Estate and Borahi Tea Estate of Rossell Industries Ltd. which taken together are defined in the said Scheme of Arrangement as 'Wilton Tea' and are referred to hereafter also in brief as 'Wilton Tea' to Rossell Tea Ltd. This transfer of the undertakings is to be in exchange of shares of the petitioner No. 2 which are to be allotted to the shareholders of the petitioner No. 1 as specified in the said scheme.2. The meeting of the shareholders of the two petitioner companies was directed to be held under the Chairman appointed by this Court and it appears that the said meet...
Visva Bharati Vs. Smt. Rakhi Debnath and ors.
Court: Kolkata
Decided on: Jul-04-1995
Reported in: (1996)1CALLT51(HC)
Basudeva Panigrahi, J.1. This writ petition is directed against an Order dated 2.9.93 passed in CDF Case No. 1654 of 1993 by the Calcutta District Consumer Redressal Form, Alipore asking the petitioners for Issuance of certificate of fitness on the cassettes deposited by the respondent No. 2 after observing necessary formalities and to pay compensasion of Rs. 15.000/- The petitioner No. 1 is a registered society under the Societies Registration Act, 1860 whose primary function is to espouse and spread the cause of education in the country. Prior to 11.9.93 the Visva Bharati (Society) Music Board was engaged itself to preserve, protect and improvise the musical legendary work of Rabindra Nath Tagore. But by virtu of the amendment of the Visva Bharati Act, 1951, Visva Bharati Music Board was amalgamated with the 'Visva Bharati' and all properties including assets, rights and liabilities became vested in the petitioner No. 1. The petitioner No. 2 who is a Joint Director (Sales) looking af...
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