Kolkata Court September 1995 Judgments
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Rabindra Nath Moorty Naidu Vs. State of West Bengal
Court: Kolkata
Decided on: Sep-19-1995
Reported in: (1996)1CALLT297(HC)
Ram Prakash Gupta, J.1. This appeal is directed against judgment dated 26th March, 1984 passed by Additional Sessions Judge, Durgapur in Sessions Case No. 3/83, whereby the appellant was convicted for offence under Section 307 I.P.C. and sentenced to rigorous imprisonment for seven years and a fine of Rs. 1,000/- (Rupees one thousand) and in default of fine further rigorous imprisonment for three months. 2. This incident, which led to the prosecution, took place on 1st of September, 1980 at about 9 P.M. Paresh Pramanik was running a hair cutting saloon in Durgapur. He was proceeding in Dhandabag from Benachiti Bazar. He reached near a government well near football ground at village Dhandabag. At that time the present appellant Rabi Naidu and his 2/3 associates encircled him. Rabi Naidu assaulted him with knife on his back causing deep penetrating wound at the back between right scapula and vertebral column. The wound was so deep that a nick (cut) was caused at the posterior part of the...
Rabindra Nath Moorthy Naidu Vs. State of West Bengal
Court: Kolkata
Decided on: Sep-19-1995
Reported in: 1996CriLJ2928
ORDERRam Prakash Gupta J.1. This appeal is directed against judgment dated 26th March, 1984 passed by Additional Sessions Judge, Durgapur in Sessions Case No. 3/83, whereby the appellant was convicted for offence under Section 307 I.P.C. and sentenced to rigorous imprisonment for seven years and a fine of Rs. 1,000/- (Rupees one thousand) and in default of fine further rigorous imprisonment for three months.2. This incident, which led to the prosecution took place on 1st of September, 198 at about 9 P.M. Paresh Pramanik was running a hair cutting saloon in Durgapur. He was proceeding in Dhandabad from Benachiti Bazar. He reached near a government well near football ground at village Dhandabag. At that time the present appellant Rabi Naidu and his 2/3 associates encircled him. Rabi Naidu assaulted him with knife on his back causing deep penetrating wound at the back between right scapula and vertebral column. The wound was so deep that a nick (cut) was caused at the posterior part of th...
Surendra Kumar Grover Vs. Jayanta Roy
Court: Kolkata
Decided on: Sep-18-1995
Reported in: AIR1996Cal88,(1995)2CALLT457(HC)
ORDER1. The present revisional application is directed against Order No. 13, dated 7-3-1995 passed by the 8th Court of Assistant District Judge at Alipore in Title Suit No. 66 of 1994. By the impugned order, a petition under Section 151 of the Code of Civil Procedure has been rejected which is for a prayer for return of the plaint to the plaintiff for presentation of the same to the Court having proper pecuniary jurisdiction in terms of Section 15 of the Code of Civil Procedure. At the very outset it has been attempted to be contended that the nomenclature given in the connected petition leading rise to the impugned order being one under Section 151 of the Code of Civil Procedure is manifestly wrong as there are alternative provisions for achieving the same object as envisaged either under Order 7, Rule 10 of the Code of Civil Procedure or even it may be attempted to be done in terms of the proviso super-added to Order 14, Rule 2 of the Code of Civil Procedure. This Court feels that fo...
Kamla Bala Biswas Vs. Kalachand Sarkar
Court: Kolkata
Decided on: Sep-15-1995
Reported in: AIR1996Cal81
ORDER1. This Revisional Petition is directed against Order No. 10 dated 18-3-1994 passed by the Asstt. District Judge, Ranaghat in Title Appeal No. 50 of 1993 which arised of Title Suit No. 8 of 1992 of the Court of Additional Munsif, Ranaghat. Bythis impugned Order, the Plaintiff/Appellant's prayer for amendment of the plaint at the stage of the Appeal was rejected.2. The Petitioner before this Court, being the. Plaintiff/Appellant, had brought a Suit for eviction of the Defendant/O.P. on the ground of default in payment of rent as also on the ground of reasonable requirement of the suit premises. The Suit, however, failed on both the counts and, accordingly, there was an Order of dismissal of the Suit as per judgment passed on March 30, 1993 by the trial Court. Thereupon, there was an Appeal filed against the judgment and the decree passed by the trial Court. During the course of the Appeal, the Plaintiff/Appellant filed a Petition dated January 19, 1994 under Order6, Rule 17 of the ...
The Deputy Commissioner Vs. Chidambaram and ors.
Court: Kolkata
Decided on: Sep-13-1995
Reported in: (1996)1CALLT169(HC)
Satyabrata Sinha, J.1. This appeal arises out of a judgment and order dated 1st December 1994, passed by a learned single Judge of this Court in C. O. No. 53 (W) of 1994.2. The fact of the matter lies in a very narrow compass.The writ petitioner/respondent allegedly encroached upon some lands situate in Jirkatang No. 2, South Andaman. In relation to the said encroachment, a proceeding under the Public Premises (Eviction of Unauthorised Occupants) Act, 1970, had been initiated. The writ petitioner, however, allegedly encroached a land belonging to a temple resulting in a law and order problem, which prompted the appellants to demolish the encroachment in question. The writ petitioner, however, has asserted in this appeal that he is still in possession of the land in question.3. The learned Judge having taken into consideration the facts and circumstances of the case, and particularly the conduct of some of the appellants in demolishing the said structures constructed by the writ petitio...
Range Officer and anr. Vs. Sukumar Mirdha
Court: Kolkata
Decided on: Sep-13-1995
Reported in: (1996)1CALLT211(HC)
Satyabrata Sinha, J.1. This appeal arises out of a judgment and order passed by a learned single Judge of this Court dated 21st December 1994. in CO. No. 71 (W) of 1994, whereby and whereunder a writ petition filed by the respondent questioning imposition of damages to the extent of Rs. 10,253/as also for issuance of a writ in the nature of Mandamus directing the respondents therein to refund a sum of Rs. 8,000/- was allowed. 2. The fact of the matter lies in a very narrow compass. On or about 5.1.94 the authorities of the Forest Department arrested 4 persons for the offence of felling of trees illegally. The petitioner, who admittedly is a former employee of the Forest Department, allegedly appeared and confessed that the said 4 persons had been sent by him. The petitioner offered to pay compensation, whereupon the value of the tree was assessed as Rs. 10,253/-. The writ petitioner paid a sum of Rs. 8,000/-, but he had been granted a receipt on 29. 4. 94. It is the case of the appella...
Mohd. Abdul Bari Vs. Dist. Inspector of Secondary Education of Schools ...
Court: Kolkata
Decided on: Sep-11-1995
Reported in: (1996)1CALLT32(HC),100CWN1
Nisith Kumar Batabyal, J.1. The writ-petitioner is a teacher of Raipur Junior High School, Murshidabad working as head Maulabi. The School was established in 1967 as a Junior High School; the West Bengal Board of Secondary Education granted recognition as per Memo. No. S/244 dated 22.3.84 to Class V and VI from 1.1.84 and to Class VII and VIII, w. e. f. 1.1.85. The writ petitioner was appointed in the said school on and from 8th December, 1972. After recognition, the appointment of four of the six teachers working in the school was approved by the Board as they were organizing teachers. The petitioner was also an orgsanizing teacher but he was not approved as a teacher by the Board. By memo No. 4358 dated 23rd July, 1986, the Dist. Inspector of Schools, Murshidabad requested the Directorate of Schools Education of W. B. to inform whether the case of the petitioner could be considered for approval as a teacher in the said school. A copy of the said memo is annexed with the writ petition...
Dipta Kumar Sinha Chowdhury Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-11-1995
Reported in: (1996)2CALLT377(HC),100CWN113
Nisith Kumar Batabyal, J.1. The writ petitioner was a minor and a student of the Higher Secondary level of School education when the writ petition was filed. He has attained majority during the pendency of the writ application. He passed the Madhyamik Examination/Pariksha held under the W.B.S.E.B. in 1990 appearing from Amar Krishna Pathshala, Bhatpara, North 24 pgs., and was placed in the 1st Divn. A xerox copy of the Marksheet has been annexed with the writ petition and marked as letter-'A'. He appeared in the Science stream with English, Bengali, Physics, Chemistry, Mathematics and Biology in the H.S. Examination held in April, 1992 from Bhatpara Higher Secondary School in due time. After the publication of the results, the petitioner came to know upon receipt of the Mark-sheet that he was given less than pass-marks in Mathematics and physics, though the marks given in other subjects were not upto his expectations. A copy of the Mark-sheet of Higher Secondary Examination has been an...
Radheshyam Khemka Vs. M.S. Puri and anr.
Court: Kolkata
Decided on: Sep-11-1995
Reported in: 1996CriLJ871
ORDERR.P. Gupta, J.1. This petition under Article 227 of the Constitution of India read with Section 482 Cr. P. C. has been filed by one of the accused, Radheshyam Khemka, for quashing of the proceedings of prosecution pending against him in the Court if Metropolitan Magistrate, 7th Court, Calcutta, in Case No. C/452/1970 under Section 5 of Import and Export (Control) Act, 1947, T. R. 134/70.2. Seven accused were tried before the Court for the offence under Section 5 of Import/ and Export Control) Act, 1947, for contravention of conditions of licence of import of goods imported for utilisation at the factory at Patna and instead of those being utilised at Patna were sold some-where in Calcutta for which violation the present prosecution was launched.3. One of the relevant conditions of the licence was 'All items of imported goods shall be used only in the licence-holders' factory and no portion thereof will be sold to or permitted to be utilised by any of the parties. 'The allegation o...
Subal Sakha Mondal and ors. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-08-1995
Reported in: (1996)1CALLT144(HC)
Satyabrata Sinha, J.1. The petitioners who are three in numbers, have filed this writ application claiming inter alia the following relief:.'(a) A writ in the nature of mandamus directing the respondents and each one of them to promote the petitioners to the post of Upper Division Clerk with effect from 1st April, 1984 or 27.8.88 with all service benefits.2. The grievance of the petitioners in short is that although they had been appointed long back and despite the fact that they are members of the Scheduled Caste, their case for promotion has not been taken for consideration although persons similarly situated, have been promoted long back.3. Admittedly, the petitioners filed writ application in this Court which was marked as CO. 7467 (W) of 1992. Paritosh Kumar Mukherjee, J. directed the learned District Judge to pass an appropriate order upon taking into consideration the relevant circulars issued by the Scheduled Caste and Scheduled Tribes Welfare Department. Learned District Judge...
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