Kolkata Court August 1995 Judgments
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Sankar Kumar Das and Another Vs. Superintendent, Jawaharlal Nehru Memo ...
Court: Kolkata
Decided on: Aug-23-1995
Reported in: AIR1996Cal264,100CWN689
ORDER1. The revision application is directed against the order dated 23-4-92 passed by Sri P. Sengupta, District Judge, Nadia in Miscellaneous Case No. 39/91 and Miscellaneous Case No. 47/91 whereby and where-under the said learned Court allowed the application for adoption filed by Sri Mungrej Ahuja and his wife (hereinafter referred to as 'Ahujas') (Miscellaneous Case No. 47/91) and dismissed the application of Sankar Das and Sandhya Das (hereinafter referred to as petitioners) in Miscellaneous Case No. 39/91 purported to be under Section 9 of the Hindu Adoptions and Maintenance Act (hereinafter referred to as the said Act).2. The basic fact of the matter is not in dispute. On 11-3-91 a child Suman Pathak by name was admitted in the Jawaharlal Nehru Memorial Hospital, Kalyani (hereinafter referred to as 'the Hospital') but thereafter nobody came to look after the child. The Officer-in-charge of the Kalyani ' Police Station was informed about the said incident on the said date. It is ...
Great Gopalpur Tea Company Ltd. Vs. the Collector and Deputy Collector
Court: Kolkata
Decided on: Aug-23-1995
Reported in: (1996)1CALLT136(HC)
Altamas Kabir, J.1. This application has been filed by one Shri Pradip Kumar Bhadra for combined reliefs. While praying for leave to intervene and to be added as a respondent in the pending writ application filed by the Great Gopalpur Tea Company Ltd. and Shri Radheshyam Agarwala. Shri Bhadra has also prayed for vacation and/or modification of the interim order dated 3rd September, 1991, directing maintenance of status quo in respect of possession of the tea garden as on that date to continue till the hearing of the application.2. When the application was taken up for consideration, it was decided to first of all dispose of the applicant's prayer for being added as a respondent in the writ proceedings.3. Appearing in support of such prayer, Mr. P.K. Das, learned Senior Counsel, urged that the tea garden, popularly known as Saogaon (Sonali) Tea Garden, had been lying abandoned for a long time, and on Shri Bhadra's prayer for grant of a lease of the said tea garden in his favour, the Sta...
Gouranga Dhar and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-22-1995
Reported in: 99CWN1078,(1997)IIILLJ827Cal
ORDERN.K.L. Batabyal, J.1. All these 4 matters are taken up altogether for analogous hearing as per orders dated February 23, 1993 and August 10, 1994. These are treated as on today's list.2. Sri Gouranga Dhar, the petitioner in C.O. 1883(W) of 1993 appointed by the respondent No. 3 (Managing Director, W. B. Co-operative Spinning Mills Ltd., at Serampore Workshop) as a stipper-cum-flat grinder. The petitioner rendered satisfactory service to the management and had a clean service record. On June 13, 1992, the Respondent No. 4 (Technical Manager, W.B. Co-operative Spinning Mills Ltd., Serampore) issued a notice against the petitioner under para 27(i), (viii) and (ix) of the Model Standing Orders of the Government of West Bengal as to why disciplinary action should not be taken against him as he was not found at his place of work during the period from 12.30 to 1.00 p.m. on June 8, 1992. The petitioner replied to the show cause notice denying the allegations. The copy of the show cause n...
Smt. Sima Bhattacharya Alias Chakraborty Vs. State of West Bengal and ...
Court: Kolkata
Decided on: Aug-22-1995
Reported in: (1996)1CALLT21(HC)
Gitesh Ranjan Bhattacharjee, J.1. In this writ petition the petitioner's grievance is that although in response to an advertisement she applied for appointment to the post of librarian in a non-Government college, she has not been called for interview in spite of the fact that she has necessary qualifications for being appointed as a librarian. The petitioner has a number of qualifications. I am however only mentioning here the qualifications relevant for the present purpose. She obtained M.A. degree (Master of Arts) in Rabindra Sangeet from Rabindra Bharti University and was placed in the first class. She also obtained the degree of Bachelor of Library and Information Science from the Rabindra Bharati University and obtained 408 marks out of total 800, and was thus placed in the second class. Evidently she scored 51% marks in the Bachelor of Library and Information Science Examination.2. The petitioner applied for the post of Librarian in the concerned college, namely, Sree Chaitanya ...
Panchi Bala Midda Vs. Srimati Namita Rani Dey Chowdhury
Court: Kolkata
Decided on: Aug-21-1995
Reported in: AIR1996Cal133
ORDER1. The present revisional application is directed against Order No. 25 dated17-2-1995 passed by the 2nd Court of Additional District Judge, Howrah in Title Appeal No. 141 of 1991. By the impugned order, the concerned Court dismissed an application filed by the defendant/appellant for appointing an expert in determining the market value of land in dispute. A suit for declaration and injunction was filed contending, inter alia, that the defendant being a monthly tenant had raised a pucca construction on the land which was used as a passage for using the service latrine situate within the said holding, The declaration is that the defendant being a premises tenant under the plaintiff he has no right and authority to demolish the portion described in 'A' Schedule of the plaint. Further declaration that has been sought for is that the defendant has no right to make construction on the 'B' Schedule property. The plaintiff valued the suit separately for recovery of possession and for decl...
M/S. J. Patel and Company Vs. National Federation of Industrial Co-ope ...
Court: Kolkata
Decided on: Aug-18-1995
Reported in: AIR1996Cal253
1.This is a suit for recovery of unpaid sale price amounting to Rupees 3,813.24 ps. together with interest thereon amounting to Rs. 3,68,530.99 ps. for delayed payment aggregating Rs. 3,72,344.23 ps.2. Plaintiff's case is that pursuant to an agreement entered into by and between the plaintiff and the defendant, the plaintiff sold and delivered to the defendant 50 metric-tonnes of tea of agreed specification ai the price at Rs. 32 per k.g. Deliveries were completed by 3rd June, 1985 and the defendant accepted the deliveries without raising any objection. After the supplies were eftected the plaintiff raised and submitted to the defendant two bills both dated 27th June, 1985 for Rs. 16 lacs in total. In the bills the plaintiff indicated the prompt date, that is to say, the date for making payment of the price of the said supplies and the defendant accepted the said bills. The defendant from time to time paid the aggregate sum of Rs. 15,96,186.76 to the plaintiffs and the balance Rs. 3813...
Krishna Sengupta Vs. Manjula Mukherjee
Court: Kolkata
Decided on: Aug-13-1995
Reported in: II(1996)DMC622
Nripendra Kumar Bhattacharyya, J.1. Heard the submission of the learned Advocate for the petitioner Miss Minoti Gomes appearing with the learned Advocate Mr. Sariful Islam Mallick. Considered the materials on record.2. It appears that this revisional application can be disposed of without directing the petitioner to serve copies of this application alongwith notice upon the opposite parties.3. The fact leading to this revisional application is that originaly the elder brother of the wife made an application under Section 200 of the Code of Criminal Procedure alleging that the husband of his sister contracted a second marriage during the subsistence of the marriage of the accused with his sister. Cognizance was taken by the learned Magistrate. Summons were issued against the accused husband but ultimately when it was brought to the notice of the learned Magistrate that a petition of complaint by the elder brother of the wife is not maintainable and competent and such application is comp...
Muchha Mondal Vs. State of West Bengal and Others
Court: Kolkata
Decided on: Aug-11-1995
Reported in: AIR1996Cal132,100CWN472,[1997(75)FLR620]
1. It is inter alia submitted by the learned Advocate for the petitioner that the petitioner obtained M.A. Degree through Correspondence Course from the Himachal Pradesh University and the University also issued necessary certificate in this respect in favour of the petitioner but the D.1. is not accepting the said Degree for approving the panel of English Teacher where the petitioner stood first. It is not understood why the M.A. Degree which has been awarded by a recognised University, even if through Correspondence Course, should not be recognised as M.A. Degree. It is further submitted on behalf of the petitioner that while in the Calcutta University the total marks for M.A. Examination in two parts is 800, in the Himachal Pradesh Correspondence Course Examination the total marks is not less than that. This is however immaterial. In a letter dated 28/29-9-93, written by the Deputy Registrar (Acad), Himachal Pradesh University, Simla which is annexure at page 33 of the writ applicat...
Protima Ghosh Vs. the State of West Bengal
Court: Kolkata
Decided on: Aug-11-1995
Reported in: (1995)2CALLT366(HC)
Nripendra Kumar Bhattacharyya, J.1. By this revision under Section 482 of the Code of Criminal Procedure the accused petitioner has challenged the proceeding in connection with Lake Town P.S. Case No. 194 of 1994 dated 23.10.94 and also a proceeding arising out of that Lake Town P.S. Case No. 194 of 1994 being Case No. N-42 of 1994 under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, pending before the court of the learned Additional Sessions Judge, 2nd Court, Barasat, North 24-Parganas.2. The fact, briefly stated, is that on 23rd October, 1994 at 9-15 hours the complainant J. K. Biswas, I.C. of Lake Town Police Station, along with Sub-Inspector S. Bhattacharyya, Sub-Inspector S. Bose, Constable Debabrata Sarkar, Constable Ranjit Dey and Ram Gobinda Roy, all of the Lake Town P.S., conducted a raid at Dakshindari Bazar near 27 No. Railway Gate, being accompanied by some dis-interested witnesses, and apprehended the accused Mahadev Dey, Panchu Das, Pratima Ghosh,...
Yukub Ali Saranj and ors. Vs. the State of West Bengal
Court: Kolkata
Decided on: Aug-11-1995
Reported in: (1995)2CALLT461(HC)
Nripendra Kumar Bhattacharyya, J.1. This revisional application under Section 482 of the Code of Criminal Procedure has been filed by the petitioners for quashing of the proceedings beiing N.G.R. 820 of 1990 and N.C.R. 59 of 1988, arising out of Bauria P. S. Case No. 4 dated 27.4.85 under Sections 147/ 323/379/427 of the Indian Penal Code, pending before the court of the learned Sub-divisional Judicial Magistrate, Uluberia, Howrah.2. From the record it appears that a duplicate police report was submitted on 30.11.90 against the accused persons for an offence under Sections 323/427 of the Indian Penal Code and the learned Magistrate took cognizance of the offence and directed issuance of process against the accused persons by his order dated 30.11.90.3. The only submission that has been made before this Court by Mr. Himangsu De, learned Advocate for the accused petitioners, is that the cognizance having been taken beyond the period of three years as contemplated under Section 468 of the...
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