Kolkata Court March 1996 Judgments
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Smt. Rama De Vs. Sri Tapan Kumar De and anr.
Court: Kolkata
Decided on: Mar-21-1996
Reported in: (1996)2CALLT303(HC)
Sudhendu Nath Mallick, J.1. In this appeal the wife appellant has challenged the decree of divorce passed by the learned Trial Judge as per Judgment dated 3.4.93 in Matrimonial Suit No. 224 of 86 in the 13th Bench of the City Civil Court at Calcutta on ground of desertion under the provisions of the Hindu Marriage Act. Learned Trial Judge had dissolved the marriage after corning to a finding as follows:-'Anyway, considering all these facts and circumstances before me I am of opinion without any hesitation that the respondent left her matrimonial home without any just reason or cause and thus made constructive desertion and as she deserted the petitioner for more than two years prior to the institution of the suit, the petitioner is entitled to get the decree of divorce accordingly'.The respondent husband brought the aforesaid suit for divorce against the appellant wife under Section 13 of the Hindu Marriage Act on the grounds of living in adultery by the wife with the present responden...
Mohonlal Khemchand and ors. Vs. Pawan Kumar Mohanka and ors.
Court: Kolkata
Decided on: Mar-21-1996
Reported in: 1996CriLJ2927
ORDERA.B. Mukherjee, j.1. The revisional application arises out of an order dated 9-9-92 whereby the Ld. Metropolitan Magistrate, 17th Court, Calcutta rejected the prayer of the accused petitioner for dropping of the proceeding in Case No. 111 of 1992 under the Negotiable Instruments Act.2. The complainant opposite party filed a complaint before the Ld. Chief Metropolitan Magistrate, Calcutta under Section 138 N. I. Act alleging that he being the Manager of the share department of M/s. Albert Devid Ltd., was authorised to file a complaint. The complainant company supplied their products for which a sum of Rs. 4,35,808.25 was due up to 5-1 -90 and receivable from accused No. 1 who issued acheque but the said cheque was dis-honoured. Ultimately, accused No. 3 issued another cheque on 22-11-91 but the said cheque was also dis-honoured on 10-12-91. Two demand notices were served but no payment was made and as such the complaint was filed. Following issuence of process the petitioners appea...
Anwarul Islam Vs. State of West Bengal
Court: Kolkata
Decided on: Mar-21-1996
Reported in: 1996CriLJ2912
ORDERA.B. Mukherjee, J.1. The revisional application has been filed to quash the proceeding being Karaya P. S. Case No. 218 dated 20-9-95 (O.G.R. 3128/95) pending before the Ld. Chief Judicial Magistrate, Alipore and arisen out of a petition of complaint being C- 1297 of 1995 which was sent to the P. S. concerned under Section 156(3) Cr. P.C.2. The case of the accused petitioner is that the complainant being O.P.No. 2 is the senior partner of M/s. Islam & Associates, Calcutta, the other partners being accused Nos. 1 & 2 by virtue of a partnership deed dated 1-4-88. It has been alleged that the said firm received a contract from M/s. Larsen & Toubro Ltd. for work of a chimney at Tenughat Thermal Power Station, Giridi. Pursuant to the discussion dated 16-1-93, the partners of the said firm placed a number of orders for supply of various materials on different manufacturers and engaged M/s. United Engineering Works of Begusarai at Bihar as sub-contractor to look after the labour part of t...
Kuruna Krishna Biswas Vs. State of West Bengal
Court: Kolkata
Decided on: Mar-21-1996
Reported in: 1996CriLJ2823
A.B. Mukherjee, J.1. The revisional application has been preferred for setting aside the judgment and order dated 30-7-93 passed by the Metropolitan Magistrate. 6th Court, Calcutta, I in G. R. Case No. 3 of 1981 (T. R. Case No. 212 of 1981) convicting the accused petitioner and sentencing him to imprisonment for one month on each count.2. The case of the petitioner is that he is a Constable attached to Calcutta Police. It has been alleged that there was an F.I.R. against him and another Sakti Kumar Goswami to the effect that on 13-12-80 they accosted Ananta Kumar Singh, an employee of Arjun Soni of M/s. Abiskar Electronics of Mahatma Gandhi Road, Calcutta at Ezra Slrcclt while he was going with 11 (eleven) pieces of H.M.T. Wrist Watches and 10(ten)piecesof H.M.V. Record Players posing themselves as Officers of Detective Department, Calcutta and was made to Board a Taxi being W.B.T. 1886 on Brabourne Road, assuring that they were going to the Police Station. They were reportedly taken t...
Swapan Kumar Shaw and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: Mar-21-1996
Reported in: 1996CriLJ2825
ORDERA.B. Mukherjee, J.1. The two criminal revisions being No. 1084 of 1993 and No. 1085 of 1993 are tried together in analogous since the parties are almost identical, facts and circumstances are the same and also involved the same questions of law. The revisional application No. 1085 of 1993 is directed the order dated 12-2-93 passed by the Ld. Judicial Magistrate, 1 st Court, Howrah in G. R. Case No. 85/ 1991 whereby he framed a charge against the accused petitioner under Section 420, I.P.C. In revisional application No. 1084 of 1993 prayer has been made to quash the proceeding being G. R. Case No. 828/90 pending before the Ld. Judicial Magistrate, 1st Court, Howrah.2. The facts which have given rise to this proceedings in the Lower Court are identical in nature. The petitioners arc respectively the Proprietor and Manager of M/s. Model Engineering Works. They had business relation with M/s. Ma. Durga Foundry since 1960. In course of business transaction the petitioner's firm used to...
Arun Kumar Bose Vs. State of West Bengal
Court: Kolkata
Decided on: Mar-21-1996
Reported in: 1996CriLJ2900
ORDERA.B. Mukherjee, j.1. The revisional application has been filed to quash the proceeding pending before the Ld. Sub Divisional Judicial Magistrate. Howrah, arising out of Golabari Police Station Case No. 424 of 1991 under Sections 406 and 420.lPCbeingC.S.No. 238dated 3-12-1994 arising out of an FIR dated 5-10-91.2. The case of the petitioner in short is that one time he was posted at District Fishery Officer, Howrah under the Department of Fishery, Government of West Bengal. From 1-12-86 to 5-5-90 following which he was transferred to 24-Parganas (South) in the same capacity. The complainant being the counterpart of the petitioner took over charge of the office of District Fishery Officer at Howrah. At the time of making over and taking over charge, no discrepancy was detected and the charge was taken by the complainant without any reservation.3. On 5-10-1981 a written complaint was filed giving rise to the instant P. Case where it has been stated that as per the report of the Audit...
Burn Standard Company Ltd. Vs. Mc Dermott International Inc. and Other ...
Court: Kolkata
Decided on: Mar-20-1996
Reported in: AIR1997Cal45,(1997)2CALLT95(HC)
ORDER1. This is an application under Sections 5 and 12 of the Arbitration Act, 1940 inter alia for (1) leave to revoke the authority of the arbitrators and appointment of arbitrators in their place and stead [prayer (b)]; (ii) injunction restraining the respondents from proceeding with the arbitration pending decision of trie application [prayer (c) & (d)]. Prayer (a) has not been pressed.2. It is not in dispute that the Technical Collaboration Aggreement containing theArbitration Clause is valid and binding between the parties. The said Clause also provides that the conduct of arbitrator including fees for the same will be governed by the ICC, rules.3. The petitioner challenged the validity of the said agreement in this Court on the ground that the same is violative of the provision of the Foreign Exchange Regulation Act. The said agreement was however held by me to be not violative of the said Act and that the same was also held to be valid. The said judgment and decision was challen...
E.i.T.A. India Limited and Others
Court: Kolkata
Decided on: Mar-20-1996
Reported in: AIR1997Cal208,(1997)1CALLT414(HC)
ORDER1. This is an application for confirmation of the Scheme of amalgamation of the petitioner Nos. 2 to 7 with the petitioner No. 1, On 28th September, 1994 an order was passed directing separate meeting of the members of the petitioner companies to be held for the purpose of considering and if thought fit approving with or without modification the said scheme of Amalgamation. The said order was made in Form No. 35 under Rule 67 on an ex parte application of the applicants. The meetings were duly held under the Chairmanship of the Chairman appointed by this Court and the scheme was approved by the members of the petitioner companies at their respective meetings unanimously. Thereafter, the application was made under Section 391(2) for confirmation of the said Scheme on the basis of the report filed by the Chairman. 2. This application for confirmation was opposed at the first instance by Narayan Prasad Lohia representing group of shareholders of the Transferee Company. After the matt...
Smt. Bithika Ray and ors. Vs. Industrial Reconstruction Bank of India ...
Court: Kolkata
Decided on: Mar-20-1996
Reported in: (1997)2CALLT205(HC)
Gitesh Ranjan Bhattacharjee, J.1. The four writ petitioners were originally working in the Calcutta Office of the Entrepreneurial Guidance Bureau (EGB) run by the Indian Investment Centre (IIC) which is a Central Government Organisation. The petitioner No. 1 was appointed as Receptionist-cum-Telephone Operator in October, 1977. The petitioner No. 2 was appointed as Stenographer in 1974. The petitioner No. 3 was appointed as Peon in 1973 and the petitioner No. 4 as Farash/Sweeper in 1972. In or about 1981 the Government of India decided to wind up the offices of the EGB run by the IIC at several centres including Calcutta with effect from the afternoon of the 31st December, 1981. The Industrial Development Bank of India (IDBI) was requested to take over the concerned offices of the EGB with effect from the 1st January, 1982 either by itself or by such organisation as it might designate or set up for the purpose with a view to peventlng the less of employment to the staff working in the ...
Estate Manager, Estate Directorate Ex-officio, Deputy Secretary, Housi ...
Court: Kolkata
Decided on: Mar-19-1996
Reported in: (1997)2CALLT151(HC)
Satyabrata Sinha, J.1. This appeal is directed against a Judgment dated 14.12.95 passed in CO. No. 11804(W) of 1995 whereby and where under the learned judge allowed the writ application filed by the writ petitioner questioning the legality and validity of a notice dated 19.6.95 as contained in annexure 'J' to the writ application, in terms whereof the writ petitioner was asked by the appellant to vacate the tenanted premises in purported exercise of his jurisdiction under Section 3(2) (ia) of the West Bengal Government Premises (Tenancy Regulation) Act, 1976.2. The fact of the matter lies in a very narrow compass and are not much in dispute.3. By reason of an agreement dated 10.7.71 as contained in annexure 'A' to the writ application, the writ petitioner, who was not a Government employee, was allotted a flat, being flat No. 0/2 in Maniktala M.I.G. Housing Estate. In terms of Clause 7 of the said agreement, the writ petitioner was not to takeover possession of the said flat if he is ...
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