Kolkata Court August 1995 Judgments
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AlguddIn Mallick Vs. State
Court: Kolkata
Decided on: Aug-09-1995
Reported in: AIR1996Cal130
ORDER1. In this writ application the petitioner has, inter alia, prayed for issuance of a writ of or in the nature of mandamus directing the respondents to make payment of all the dues payable to him. The petitioner admittedly had entered into a contract with the respondent No. 1. Pursuant thereto work order was issued in his favour on 5-2-90. According to the petitioner he had made various allegations with regard to the alleged breach of contract on the part of the respondent. The petitioner has furnished the particular of his claim in paragraph 17 of the writ application which reads thus :--i).Rs. 2,54,351/-being the balance due from the bills submitted by the (plaintiff) petitioner accepted and acknowledged by the defendant.ii).Rs. 2,50,000/-On account of extra cost involved for executing the work in the extended time and claimed as damages.iii).Rs. 81,480/-On account of guarding charges from 10-12-92 to 14-7-1994. Rs. 5,85,831/- Rs. 2,27,302.42 p.on account of interest @ 24% per an...
Happy Home, Fiscal Service Pvt. Ltd. and Paharpur Cooling Towers Ltd. ...
Court: Kolkata
Decided on: Aug-09-1995
Reported in: 1995CriLJ4235
ORDERN.K. Bhattacharyya, J.1. After hearing the learned Advocate for the petitioners, Mr. Milon Mukherjee appearing with the learned Advocates Mr. Amiya Narayan Mukherjee and Mr. Pradyumna Sinha, and in consideration of the materials on record, it appears that this revisional application under Section 482 of the Code of Criminal Procedure can be disposed of without directing the petitioner to serve notice along with copies of this application upon the opposite parties.2. By this revision the petitioners have prayed for a direction upon the opposite party, meaning the Superintendent of Police, South 24-Parganas, and the Officer-in-Charge, Maheshtola Police Station, to ensure that free ingress and egress and free movement of the men, materials and vehicles of the petitioners to and from the godown of the petitioners situated at Shampa Mirza Nagar is not obstructed and/or inteferred with by the workers of M/s. Stad Pack Private Limited in any manner whatsoever and also for a direction upo...
Promode Ranjan Sarkar and Others Vs. Life Insurance Corporation of Ind ...
Court: Kolkata
Decided on: Aug-08-1995
Reported in: AIR1996Cal140
ORDER1. This is a suit for accounts and payment of the sums found due and owing by the defendant on the said accounts to the plaintiffs. Plaintiffs case is follows: The original plaintiffs Promode Ranjan Sarkar, Pabitra Ranjan Sarkar, Prafulla Ranjan Sarkar and Saroj Ranjan Sarkar are the brothers of Nalini Ranjan Sarkar, a Hindu governed by the Dayabhaga School of Law.2. On the 25th January, 1953, the said Nalini Ranjan Sarkar died intestate leaving him surviving the plaintiffs as his only heirs. The original defendant, Hindusthan Cooperative Insurance Society Ltd. at a meetingof its Board of Directors held in Calcutta on 12th August, 1940 resolved as follows: Resolution No. 6-- Re: Premises No. 237, Lower Circular Road, the house with all furniture and fittings, except those purchased by Mr. Sarkar himself (meaning thereby the said Nalini Ranjan Sarkar deceased) will as at present belong to the Society, (meaning thereby the Society) Mr. Sarkar having no title thereto or interest ther...
Smt. Nirupama Sarkar and Others Vs. Life Insurance Corporation of Indi ...
Court: Kolkata
Decided on: Aug-08-1995
Reported in: AIR1996Cal417
ORDER1. This is a suit for recovery of Rs.44,958/- (Forty-four thousand nine hundred fifty-eight) only being the amount due and payable from 25th January, 1956 till 24th Jan. 1958 by the Hindusthan Cooperative Insurance Society Ltd., a company incorporated under the Indian Company's Act. By virtue of the provisions of the Life Insurance Corporation Act, 1956 (Act No. X 31 of 1956) the assets and liabilities of the said Hindusthan Co-operative Insurance Society Ltd. having been vested in the Life Insurance Corporation of India, the present defendant is said to be liable to pay to'the plaintiff the said sum of money.2. Plaintiff's case, shortly slated, is that Late Nalini Ranjan Sarkar predecessors-in-interest of the original and substituted plaintiffs was associated with Hindusthan Cooperative Insurance Society Ltd. and in consideration of his devoted and loyal service the said 'society at a meeting of its Board of Directors held in Calcutta on 12th Aug. 1940, resolved, inter alia, as f...
Ranjan Kumar Haldar and ors. Vs. Calcutta Metropolitan Development Aut ...
Court: Kolkata
Decided on: Aug-08-1995
Reported in: (1995)2CALLT406(HC)
1. This appeal was preferred along with the application for stay of the operation of the order dated 15th June, 1995 passed by the Id. Judge. The appellants/petitioners are claiming to be the occupants of the flats constructed by the Calcutta Metropolitan Development Authority and Ors. in Baishnavghata Patuli Project. The said flats for new township was constructed under the scheme framed by the said authority for accommodating the Lower Income Group people. After the construction of the said flats in the said township the same was allotted to saveral allottees and the allottees had paid money for the purpose of owning the said flats under the said scheme.2. The appellants/petitioners case is that the said flats were lying unallotted and vacant and accordingly they have entered into possession and they were continuing in possession. It is also stated that the appellants made representation by way of appeal before the authority concerned to protect them against their unlawful eviction a...
Ashok Bairagya Vs. the State of West Bengal
Court: Kolkata
Decided on: Aug-08-1995
Reported in: (1995)2CALLT424(HC)
Basudeva Panigrahi, J.1. This appeal assails the order of conviction dated 30th January, 1980 passed by the Ld. Sessions judge, Bankura and sentence to undergo rigorous imprisonment for life.2. The prosecution story stated in brief is that deceased, Subhadra, the sister of P.W. 1 was given in marriage to the appellant Asok Bairagya on 9 Baisakh, 1892 B.S. After the marriage she used to live for sometime in his house and one month before the date of incident she came to the house of P.W. 1 accompanied by her father-in-law. On 7.8.85, the appellant came to the house of P.W. 1 and impressed his family members that he would take back Subhadra to his house and on his way would take her to the house of his Mashi (maternal aunt) at village Rasbehari within P.S. Kotulpur. On 9.8.85 at about 10 A.M. the appellant and P.W.l's sister, Subhadra proceeded from the house of P.W. 1 towards Mashi's house of the appellant. On the way around 3/5.30 P.M. one Sanyasi Mallick (P.W. 6) saw both the appellan...
Hamidul Haque Vs. State of West Bengal
Court: Kolkata
Decided on: Aug-08-1995
Reported in: (1996)1CALLT268(HC)
Ram Prakash Gupta, J.1. The petitioner is the same in all revisions and he invokes jurisdiction of this Court for quashing the proceedings before the trial Magistrate urging that he has been subjected to unfair trial in violation of the provisions of Article 21 of the Constitution of India, considering the scope and extent of that provision as pronounced by the Supreme Court of India in its various judgments. Article 21 of the Constitution of India lays down that no persons shall be deprived of his life or personal liberty except according to the procedure established by law. The reliance placed by the petitioner's Counsel is on the following judgments. 1. Biswanath Pratap Singh v. State of Bihar, 1994, Crl. LJ 242 (SC) 2. Santosh Dey v. Archana Guha, 1994, Crl. LJ 1975 (SC) 3. S. G. Nain v. Union of India, 1992 Crl LJ 560 (SC) 2. The first two judgments are in cases arising from Bihar and were delivered by Hon'ble Justice B. P. Jeevan Reddy and Hon'ble justice. S.P. Bharucha. The 3rd ...
Swapan Kumar Das Vs. Soma Das (Smt.)
Court: Kolkata
Decided on: Aug-04-1995
Reported in: I(1998)DMC717
S. Narayan, J.1. In this revisional petition the husband, being the petitioner, has impugned an order dated 5.9.1992 of Miscellaneous Case No. 11/92, whereby me learned Additional District Judge at Howrah while disposing of a petition under Section 24 of the Hindu Marriage Act, granted a monthly maintenance allowance of Rs. 450/- for his wife and Rupees 300/- for his minor daughter as also consolidated litigation costs of Rs. 750/-. The arrear amount of maintenance allowance for the period from the date of filing of the petition i.e., 23.3.1992 upto August, 1992 was reckoned at Rs. 3,888 /-. The arrear amount of maintenance being 3,888/- together with the litigation cost of Rs. 750/- (the total being 4,638/-) was directed to be paid in six equal instalments of Rs. 773/- along with the current maintenance allowance of Rs. 750/-. The relevant Matrimonial Suit No. 23/91 had been filed by the wife/O.P. in the Court of the District Judge at Howrah under Section 10 of the Hindu Marriage Act,...
Pallav Goswami Vs. Smt. Ava Rani Sinha
Court: Kolkata
Decided on: Aug-03-1995
Reported in: (1995)2CALLT452(HC),100CWN20
Arun Kumar Dutta, J.1. This is an application by the Petitioner-Appellant praying for stay of the operation of the order dated 13th December, 1994 passed by a learned Single Judge of our Court in Matter No. 2089 of 1994 before him, and for stay of all further Proceedings of the said Contempt Application till the disposal of this Appeal in terms thereof for the reasons stated therein.2. The facts and circumstances giving rise to the relevant Contempt Proceedings and the instant Appeal may shortly be set out as follows : On an application, filed by the Respondent herein, Smt. Ava Rani Sinha (hereinafter referred to as Petitioner), the State Transport Authority, West Bengal, (hereinafter referred to as S.T.A.) had granted temporary permit in her favour for 17 weeks for plying Bus in the route Howrah Railway Station to Itaberia on the following Resolution taken by it on 28th August, 1992 :-'that there is no direct transport communication from Itaberia to Calcutta. The poor villagers of the...
C.M. Rajgarhia Vs. Chief Controller of Imports and Exports
Court: Kolkata
Decided on: Aug-01-1995
Reported in: 1997(90)ELT56(Cal)
1. A writ, petition was moved by the appellant in the year 1992 before a learned judge of this Court for setting aside an order of revalidation of licences limiting and/or restricting the import of goods mentioned under Paragraph 138 of the 1983-84 Import and Export Policy to only those items which were listed in Appendix 3 and Appendix 5 and Part A of the Import Export Policy for the year 1990-93. The said application was however dismissed by a learned single judge of this Court on 1st of December, 1992 holding that since there was a drastic change in the fiscal policy the question of grant of leave as was prevalent in the year 1983-84 could not arise at all. After the writ application was dismissed the appellants moved the authorities and requested them to act in terms of their memo dated 1st of January, 1991 and to revalidate licences as decided by them subject to the condition that the import of goods under Paragraph 138 of 1983-84 Policy would be confined to only those items which...
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