Kolkata Court September 1995 Judgments
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Sukhendu Bikash Chatterjee Vs. Smt. Anjali Chatterjee
Court: Kolkata
Decided on: Sep-21-1995
Reported in: (1995)2CALLT464(HC),I(1996)DMC388
S.K. Mookherjee, J.1. The present appeal is at the instance of the husband and is directed against a judgment and decree of dismissal passed by the learned Assistant District Judge, 2nd Court, Howrah, on 15th April, 1988, in Matrimonial Suit No. 16 of 1985.2. The husband brought the suit for divorce, in the alternative, for judicial separation under Special Marriage Act, on the grounds of wife's cruelty and desertion. The marriage between the parties took place on 20th March, 1978, and, out of the wedlock, a female child was born on 11th June, 1979. There was previously another suit by the husband, which had been dismissed for default on 27th June, 1981 and the present suit was filed on 6th of February, 1985. The desertion allegedly started with effect from 12th of June, 1981. The alleged acts of cruelty consist of mental pressure by wife for extraction of money from the husband and physical and mental pressure by refusing to give proper food to the husband, refusing to perform marital...
In Re: Nand Kishore Jalan and ors. Vs. Smt. Chandra Mohini Khullar
Court: Kolkata
Decided on: Sep-21-1995
Reported in: (1996)1CALLT70(HC)
Basudeva Panigrahi, J.1. This revision is directed against an order passed by the Assistant District Judge, Alipore in Title Execution Case No. 8 of 1994 dated 23rd February, 1995 rejecting the prayer of the petitioner to execute the order passed by this Court in matter No. 405 of 1994.2. In this revision, the petitioners who claimed to be the trustees of one charitable trust estate namely New Road Nyas had let down the first floor of the premises for a period of 21 years to the respondent/opposite party. Notwithstanding, the expiry of the lease when the opposite party did not evince any interest to vacate the lease hold premises. The petitioners filed a suit for eviction against her. The suit was decreed on 25th March, 1994; the respondent/opposite party filed an appeal before the learned District Judge, South 24 Parganas at Alipore in T.A. No. 150 of 1994, inter alia, applied for stay of execution of decree. The appellate Court was however, inclined to grant conditional stay that opp...
Lakshman Bhowmick Vs. Satya Narayan Chakraborty
Court: Kolkata
Decided on: Sep-21-1995
Reported in: (1996)1CALLT323(HC)
Samir Kumar Mookherjee, J.1. This is an application for review, directed against an order of a Division Bench to which I was a party and whereby a second appeal had been dismissed under Order 41, Rule 11 of the Code of Civil Procedure on the ground, inter alia, that it did not raise any substantial question of law. The appeal was at the instance of the defendants, who are the applicants for review before me.2. Mr. Roy Chowdhury, appearing in support of the application has emphasised that the impugned order of the Division Bench deserves to be reviewed and recalled because of existence of error apparent on the face of the records. In support of his submission, Mr. Roy Chowdhury, has pointed out that before the Trial Court to the report of the Commissioner, an objection was preferred by his clients. The said report, inter alia, stated that there was encroachment by the defendant/appellant and on the basis of such statement plaintiffs prayer for amendment of the plaint asking for a relief...
Zahir Ahmed Vs. Azam Khan
Court: Kolkata
Decided on: Sep-21-1995
Reported in: 1996CriLJ290
ORDERA.K. Dutta, J.1. By this Revisional Application under Section 482 of the Code of Criminal Procedure (hereinafter referred to as Code) the Petitioner-Accused, Zahir Ahmed, has prayed the Court for quashing of the relevant Proceedings/ investigation in G.R. Case No. 1000 of 1994, arising out of Section 'K' Calcutta Case No. 255 dated 22-4-1994, for the reasons stated and on the grounds made out therein.2. The Opposite Party No. 1-complainant-Azam Khan (hereinafter referred to as complainant) had filed the relevant petition of complaint before the Additional Chief Metropolitan Magistrate at Calcutta (hereinafter referred to as learned Magistrate) on 22-4-1994 on the allegations made therein against the accused for the alleged offences punishable under Sections 78 and 79 of the Trade and Merchandise Marks Act, 1958 and Section 63 of the Copyright Act, 1957, read with Section 420 of the Indian Penal Code, and had prayed before him (learned Magistrate) for directing the Deputy Commissio...
Indian Cable Co. Ltd. Vs. Collector of Customs
Court: Kolkata
Decided on: Sep-21-1995
Reported in: 1997(58)ECC36,1997(89)ELT657(Cal)
Chief Justice1. This appeal arises from the judgment of a learned Single Judge dismissing a Writ application filed by the appellant challenging the assessment of a substance called Hypalon under the Tariff item relating to Synthetic resin instead of Synthetic rubber. The judgment under appeal was passed on 18-2-1986. The same question was also raised in Matter No. 666 of 1983 (National Insulated Cable Co. Ltd. v. Collector). The writ application was allowed by another learned Single Judge holding that Hypalon was properly classifiable under Tariff heading of Synthetic rubber. A third writ application which raised the same question was also decided against the Customs Authorities. The Customs Authorities preferred two separate appeals from both these decisions. Those appeals as preferred by the Customs Authorities as well as this appeal were listed consecutively as all the three matters raised the same issue. The Custom's appeal from the judgment in Matter No. 666 of 1983 was dismissed ...
Joytirmoy Ghosh Vs. U.B.i. and ors.
Court: Kolkata
Decided on: Sep-20-1995
Reported in: (1997)IIILLJ876Cal
ORDERA.K. Dutta, J.1. By this writ application under Article 226 of the Constitution of India the writ petitioner (hereinafter referred to as petitioner) has prayed the Court for issue of a writ in the nature of mandamus commanding the Respondents Nos. 1 to 4 to give effect to the relevant rules contained in the circular No. PA(AS)/91/CM/127 dated November 21, 1988 transferring the petitioner to Raiganj branch of the Respondent No. 1 the United Bank of India in compliance with his application dated March 3, 1993 and to cancel, obliterate and annul the alleged order of mutual transfer of the Respondents Nos. 5 and 6 and transferring the Respondent No. 5 to Raiganj branch from Mathurapur branch, along with the other relief prayed for therein, for the reasons stated and on the grounds made out therein.2. The petitioner is a Special Assistant (Award Staff) of the United Bank of India (hereinafter referred to as the said Bank) at its Branch at Birpara, District, Jalpaiguri since his transfe...
S.K. Dogra Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Sep-20-1995
Reported in: (1996)1CALLT73(HC)
Satyabrata Sinha, J.1. This application is directed against the orders dated 21.11.94 and 19.12.94 as contained in Annexures 'F' and 'G' to the writ application as also Gen. form No. 3322/S dated 9.2.95 as contained in Annexure 'H' thereto.2. The fact of the matter lies in a very narrow compass. The petitioner Joined the Indian Navy as Artificer Apprentice on 30.7.83. He underwent training as an apprentice ERA for 4 years, whereafter he was promoted to the post of Engineroom Artificer-5 in 1987, and to the post of Acting Engineroom Artificer-4 on 9th April 1988. It is not in dispute that before an officer can be promoted to the higher post he is to pass a departmental examination, the syllabus whereof is contained in Annexure 'E' to the affidavit in opposition which provides qualifying marks as 40%. However, a note has been appended thereto to the following effect :'Failure to qualify in the oral examination Involves failure in the whole examination here.'3. The respondents contended t...
Man Mohan Goswamy Vs. Andaman and Nicobar Administration and ors.
Court: Kolkata
Decided on: Sep-20-1995
Reported in: (1996)1CALLT162(HC)
Satyabrata Sinha, J.1. This appeal is directed against the judgment and order dated 15.6.95 passed by U.C. Banerjee, J, in C. O. No. 129 (W) of 1994. The appellant had filed the writ application for issuance of a Writ of or in the nature of Mandamus directing the respondents not to disturb or interfere with his possession in respect of a land measuring an area of 6,000 square metres situate behind survey No. 78 at Guptapara village, Ferrergunge Tahsil, South Andaman. According to the petitioner, he was brought in the said Island in the year 1951. The petitioner allegedly is continuing in possession. The basis of the claim made on behalf of the petitioner in the writ application was that he had filed an application for regularisation of his encroachments in terms of a scheme framed by the Andaman and Nicobar Islands Administration.2. It is admitted that no order regularising his encroachments has yet been passed. The petitioner has raised questions in the writ application which are esse...
Travel Corporation (India) Ltd. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Sep-20-1995
Reported in: (1996)1CALLT187(HC)
Satyabrata Sinha, J.1. In this writ application the petitioner has, inter alia, prayed for issuance of a writ of or in the nature of Mandamus commanding the respondents to grant central subsidy to the extent of Rs. 11,38952/purported to be in terms of the letter dated 28.9.89 as contained in Annexure 'A' to the writ application.2. The fact of the matter lies in a very narrow compass. The Director of Industries, Andaman and Nicobar Administration issued a booklet specifying facilities and incentives for the development of small scale industries in Andaman and Nicobar Islands clause, 5 whereof states of grants of central investment subsidy. Admittedly, a scheme for payment of such central investment subsidy was to be made on the basis of the investments at the rate of 25% on fixed investment to new industrial units and also to existing industrial units taking up substantial expansion, which was made admissible to both small scale units as also large scale sectors. Allegedly, the petition...
islam Molla Vs. the State of West Bengal
Court: Kolkata
Decided on: Sep-20-1995
Reported in: 1996CriLJ724
1. This appeal has been filed by Islam Molla against the judgment and order dated 29-4-1994 passed by an Additional Session Judge, 9th City Sessions Court, Calcutta convicting him and two others viz., Batul Biswas and Dulal Saha under Section 395/397 of the Indian Penal Code and sentencing each of them to suffer rigorous imprisonment for 7 years and to pay a fine of Rs. 2000/- each, in default, to suffer further rigorous imprisonment for three months.2. The prosecution case is that on 3-7-1990 at about 7.20 P.M. a group of dacoits numbering six entered into the jewellery shop of Gobinda Ram Soni at 41 Shibtala Street, Police Station Burrabazar. Four of them were carrying revolvers in their hands, one had a pipe gun and the other was carrying a Nepala and after entering the shop they closed both the entrance doors from inside. Two of them showing their revolvers directed the informant P. W. 3 Om Prakash Soni not to shout or else he would be shot at. They at first took 3 sets of gold orn...
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