Kolkata Court July 1996 Judgments
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Prafulla Bala Biswas Vs. Smt. Ila Das and anr.
Court: Kolkata
Decided on: Jul-09-1996
Reported in: I(1997)DMC448
Gitesh Ranjan Bhattacharjee, J.1. This appeal is directed against the judgment and order dated 31.7.87 passed by the learned Judge, 13 Bench, City Civil Court, Calcutta in Title Suit No. 634 of 1985 by which the learned Trial Judge dismissed the appellant plaintiffs suit for declaration, as not maintainable in law.2. The appellant-plaintiff is the mother of one late Santosh Kumar Biswas was an employee of Atomic Minerals Division, Department of Atomic Energy under the Government of India. The said Santosh Kumar Biswas died on 1.10.1984 while in service. The respondent-defendant Ila Das claims to be the widow of said Santosh Kumar Biswas. It is the case of the respondent-defendant that Santosh Kumar Biswas married her and the said marriage was solemnized under the Special Marriage Act, 1954 on llth June, 1981 and the marriage certificate in respect of that marriage was also issued by the concerned Marriage Officer which is annexure -A to the plaint. Challenging the claim of the responde...
Smt. Prafulla Bala Biswas Vs. Smt. Ila Das and anr.
Court: Kolkata
Decided on: Jul-09-1996
Reported in: (1996)2CALLT315(HC)
Gitesh Ranjan Bhattacharjee, J.1. This appeal is directed against the Judgment and order dated 31.7.87 passed by the learned Judge, 13 Bench, City Civil Court, Calcutta in Title Suit No. 634 of 1985 by which the learned Trial Judge dismissed the appellant-plaintiffs suit for declaration, as not maintainable in law.2. The appellant-plaintiff is the mother of one late Santosh Kumar Biswas was an employee of Atomic Minerals Division, Department of Atomic Energy under the Government of India. The said Santosh Kr. Biswas died on 1.10.1984 while in service. The respondent-defendant Ila Das claims to be the widow of said Santosh Kr. Biswas. It is the case of the respondent-defendant that Santosh Kr. Biswas married her and the said marriage was solemnized under the Special Marriage Act, 1954 on I lth June, 1981 and the marriage certificate in respect of that marriage was also issued by the concerned Marriage Officer which is annexure-A to the plaint. Challenging the claim of the respondent-def...
Ranjit Kumar De Chowdhury Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-04-1996
Reported in: I(1998)DMC450
Satyabrata Sinha, J.1. This appeal is directed against a judgment and order dated 2.5.1983 passed by C.K. Banerjee, J. in C.R. No. 3878 (W) of 1983 whereby and where under the said learned Judge rejected the writ application filed by the petitioner without assigning any reasons whatsoever.2. The fact of the matter lies in a very narrow compass.3. The appellant at the material time was a constable attached to DAP, Cooch Behar. He was served with a charge-sheet dated 22.4.1980 by the respondent No. 2 who admittedly is the Disciplinary Authority alleging gross misconduct unbecoming of a Police Officer as he during the life time of his wife Smt. Nilima De Chowdhury contacted another marriage with Smt. Sefali De Chowdhury in violation of Rule 30 of the West Bengal Government Servant Conduct Rules, 1959.4. The petitioner was directed to submit his defence to the Enquiry Officer and he submitted his written defence on 7.5.1980 although he pleaded not guilty of the charges but stated that he h...
Anil Kumar Banerjee Vs. Smt. Sefali Banerjee
Court: Kolkata
Decided on: Jul-03-1996
Reported in: AIR1997Cal6,I(1998)DMC37
ORDERS. N. Mallick, J.1. The present appeal has been preferred by the husband-petitioner whose prayer for a decree of divorce against, the wife-respondent on ground of desertion and cruelty made in Matrimonial Suit No. 638 of 1983 renumbered as Matrimonial Suit No. 19 of 1985 has been dismissed by the learned Additional District Judge, 2nd Court Alipore, 24-Parganas by the judgment and decree dated 30-4-1987 passed in a contested trial. The learned Additional District Judge has dismissed the suit on categorical finding that the present appellant i.e. the husband petitioner has failed to prove both the grounds of desertion and mental cruelty by cogent and reliable evidence. It has been contended in appeal that the learned trial Judge has not at all considered the evidence on record and the facts and circumstances of the case according to law and has wrongly dismissed the appellant's suit for divorce. The point for consideration in this appeal is whether the learned trial Judge has right...
Kolay Iron and Steel Co. Ltd. (In Liquidator) and Another Vs. Official ...
Court: Kolkata
Decided on: Jul-03-1996
Reported in: AIR1997Cal244
ORDER1. This is an application for setting aside the sale already confirmed by order dated 21st July, 1995. The facts involved in this application inter alia are that by an order dated 4th Sept., 1992 passed by this Court Kolay Iron and Steel Co. Ltd. was directed to be wound up and the Official Liquidator was appointed as Liquidator thereof.2. In terms of the said order dated 4th Sept., 1992 the representatives of the Official Liquidator along with the representatives ofthe secured creditors, i.e. United Bank of India, Allahabad Bank and West Bengal Financial Corporation went to the factory premises of the said Company (in liquidation) on 18th Sept., 1992 for the purpose of taking over possession of the assets of the said Company (in liquidation) but could not take over possession on that day. Again on 21st Sept., 1992 the representatives of the secured creditors went to the factory the said Company (in liquidation) and made inventory of the properties.3. In a letter for direction dat...
United Bank of India Vs. Official Liquidator
Court: Kolkata
Decided on: Jul-03-1996
Reported in: [1999]97CompCas861(Cal)
Shyamal Kumar Sen, J.1. This is an application for setting aside the sale already confirmed by order dated July 21, 1995. The facts involvedin this application, inter alia, are that by an order dated September 4, 1992, passed by this court Kolay Iron and Steel Co. Ltd. was directed to be wound up and the official liquidator was appointed as liquidator thereof.2. In terms of the said order dated September 4, 1992, the representatives of the official liquidator along with the representatives of the secured creditors, i.e., United Bank of India, Allahabad Bank and West Bengal Financial Corporation went to the factory premises of the said company (in liquidation) on September 18, 1992, for the purpose of taking over possession of the assets of the said company (in liquidation) but could not take over possession on that day. Again, on September 21, 1992, the representatives of the secured creditors went to the factory of the said company (in liquidation) and made inventory of the properties...
Continental Profiles Limited Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-02-1996
Reported in: [1996(73)FLR1727],(1997)ILLJ25Cal
ORDERAsok Kumar Chakravarty, J.1. The Court heard Mr. S.N. Sharma, learned Advocate appearing for the petitioner. None appears on behalf of the respondents. Rule was issued two times against the Respondent No.4. The short point for consideration in this writ petition is whether any person other than a Director of a company can be said to be 'occupier' of a factory within the meaning of Section 2(n) of the Factories Act.2. This point was dealt elaborately in MatterNo. 839 of 1994 between Craves Ltd and Anr. v.State of West Bengal and Anr. dated January 22, 1996. On the basis of the reasons given in that order, I am to hold that 'occupier' as defined in Section 2(n) of the Factories Act does not necessarily have to become the Director of the Company.3. The writ petition is accordingly allowed. The impugned notice dated March 15, 1995 being Annexure 'C' to the writ petition stands quashed and the respondents are directed not to give any effect to the said notice.4. The writ petition is fi...
Pradip Kumar Dey Vs. Nirmal Kumar Santra
Court: Kolkata
Decided on: Jul-02-1996
Reported in: (1997)2CALLT317(HC)
Basudeva Panigrahi, J.1. The defendant in T.S. 195/94 has challenged the legality, validity and the propriety of the order passed by the 7th Asstt. District Judge at Alipur rejecting the prayer of the petitioner for returning the plaint for proper presentation in the court having competent Jurisdiction.2. The plaintiff/opposite party has filed a suit against the present petitioner/defendant for eviction on the ground of reasonable requirement and for mesne profits/damages. It is stated that the petitioner is a tenant under the opposite party in respect of the suit premises i.e., one asbestos shed room, one tile shed verandah used as kitchen, bath and privy in the ground floor of premises N0.8/6A Sisir Bagan Road, Behala, Culcutta at a monthly rental of Rs. 250/- payable according to English Calendar month. Since the defendant did pay arrears of rent the opposite party/ plaintiff filed the suit for ejectment and of mesne profits/damages from the petitioner. The suit was valued at Rs. 30...
Anisha Dutta Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-02-1996
Reported in: (1996)2CALLT346(HC)
Surya Kumar Tiwari, J.1. This petition under Section 482 Cr.P.C. has been filed for quashing the proceeding of Sessions Case No. 9(3) of 1996 pending in the Court of 5th Additional Sessions Judge, Alipore.2. The Ballygunge Police filed a charge-sheet in P.S. Case No. 136 dated 28lh July, 1995 under Sections 120B, 304, 326, 420 and 427 I.P.C. in connection with notorious Shibalik Building.3. The learned S.D.J.M. vide order dated 15th November, 1995, directed the issuance of process against accused No. 6 Anil Kumar Dutta. The learned Magistrate has also noted that cognizance had been taken by him. The investigating officer was permitted to keep the case diary with him for the time being in order to get the copies prepared for supplying them to the accused persons.4. The petitioner prays for quashing of the prosecution on the ground that the learned Magistrate took cognizance of the offence without looking into the papers and documents required to be filed under Section 173(5) Cr.P.C.5. T...
Baid Organisation (P) Ltd. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Jul-02-1996
Reported in: 1997(94)ELT64(Cal)
Tarun Chatterjee, J.1. By consent of parties these writ petitions are taken up for hearing. In these writ applications the writ petitioners have come up to this Court for a direction upon the Customs Authorities to consider the applications of the petitioners in accordance with Clause 8 of the Customs House Agents [Licensing] Regulation, 1984 (hereinafter referred to as the Regulation of 1984). It is not in dispute that the aforesaid Regulation particularly Clause 8 was found to be invalid by a Division Bench of this Court. Union of India and also some of the writ petitioners have filed a Special Leave Petition before the Hon'ble Supreme Court of India. Notice was issued on those SLPs as well as on the application for condonation of delay in filing the same. The Hon'ble Supreme Court passed an order granting interim stay of operation of the judgment and/or order of the Division Bench until further orders. When the said interim order was continuing another application was made on behalf...
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