Kolkata Court September 1996 Judgments
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Santi Swarup Sarkar Vs. Pradip Kumar Sarkar and Others
Court: Kolkata
Decided on: Sep-13-1996
Reported in: AIR1997Cal197
ORDER1. This revisional application under S. 115 of the Code of Civil Procedure (hereinafter referred to as Code) is directed against the order dated 8th April, 1992 passed by the learned Additional District Judge, 7th Court, Alipore, 24-Parganas (South) in Original Suit No. 11 of 1990 before him, for the reasons stated therein.2. Smt. Charu Sila Sarkar, since deceased, a Hindu Lady, had executed a Will dated 15th August, 1996 appointing Provash Chandra Banerjee, Smt. Jyotsna Moyee Chowdhury and Sudhangshu Kumar Dutta, Executors/Executrix. The said Sri Provash Chandra Banerjee and Smt. Jyotsna Moyee Chowdhury having since died, the only other surviving Executor Sudhangshu Kumar Dutta had filed application for grant of probate of the said Will and Testament of the said deceased Charu Sila Sarkar. Contention having been raised to the said grant the matter was set down as a contentious cause and had been converted into a regular suit. During the pendency of the said suit the sole survivin...
Haridas Chatterjee Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-13-1996
Reported in: 1997(1)ALT(Cri)24,(1997)1CALLT186(HC)
Asish Baran Mukherjee, J. 1. An application under Section 482 Cr.P.C. revealing a sad episode and at the same time a slur on the administration of justice has given rise to the present revisional application preferred with a view to quash S.C. Case No. 114 of 1994 pending before the Additional Sessions Judge at Assansol and arising out of Jamuria P.S. Case No. 2(11) of 1974 under Section 409 IPC. The case of the petitioner is that on the basis of a complaint filed by the Block Development Officer, Jamuria (I), at Jamuria Police Station alleging mis-appropriation of government cash amounting to Rs. 9249.99 a case was started against the present petitioner. The petitioner surrendered before the Sub-Divisional Judicial Magistrate, Assansol on 16.1.75 and was enlarged on bail. After a protracted investigation charged sheet was ultimately submitted and on the basis of the same the S.D.J.M. took cognizance on 21.3.87. On 30.8.94 the case was committed to the court of Session with a direction...
M/S. Overland Investment Ltd. and Etc. Etc. Vs. State of West Bengal a ...
Court: Kolkata
Decided on: Sep-12-1996
Reported in: AIR1997Cal18
ORDERBhagabati Prosad Banerjee, J.1. These are the four appeals, one appeal has been preferred by Overland investment Ltd., the second one by Verona Commercial & Investment P. Ltd. and the third one including one by Sri Sankar Gope by Sanchayanai Savings & Investment P. Ltd. all being aggrieved by and dissatisfied with the order dated 21st March, 1996 passed by the learned trial Judge. The writ application was filed by the respondent, State of West Bengal by way of public interest litigation before the learned trial Judge praying for appointment of a Special Officer or Commissioner for the purposes of taking charges and possession of all the assets and moveable and immoveable properties including the Bank Accounts not only standing in the name of the aforesaid Companies but also standing in the name of its Directors, relatives and family members and for certain other orders including the order of attachment and making investigationinto the affairs of the said companies and ultimately f...
Khushal Shamraoji Randive Vs. Garden Reach Ship Builders and Engineers ...
Court: Kolkata
Decided on: Sep-12-1996
Reported in: (1997)1CALLT508(HC)
Altamas Kabir, J. 1. The writ petitioner, who had been employed as structural Fitter III at the main yard, ship building, shop No. 113, of the respondent company at Metiaburs, has challenged the charge-sheet dated 10th March, 1993, issued to him by the Manager(Hall)-I, the finding of the Enquiry Officer dated 14th March, 1995, and the final order of dismissal passed against him on 25th April, 1995, by the Director (personnel) of the company. 2. When the writ application was taken up for consideration at the very initial stage, a preliminary objection was taken by Mr. Dipak Ghosh, learned advocate, appearing for the respondents, that the same was not maintainable, inasmuch as, the petitioner was a workman within the meaning of Section 2(s) of the Industrial Disputes Act, 1947, as amended by the State of West Bengal, and that his remedy, therefore, lay not by way of a writ petition, but under the provisions of the said Act. 3. Mr. Ghosh also contended that since the petitioner's service ...
S.K. Spinning Mills Vs. Assistant Commissioner of Customs
Court: Kolkata
Decided on: Sep-12-1996
Reported in: 1997(93)ELT31(Cal)
Tarun Chatterjee, J.1. The only grievance that has been put forward by the learned counsel for the writ petitioner in this writ application is that in spite of asking for copies of the documents referred to and relied upon in the show cause notice, viz., Examination report referred to page 2 of the show cause notice and the document evidencing the alleged estimation of the assessable value by the Mutilation committee and the basis of such estimation referred to at page 3 of the show cause notice, the documents have not been supplied and for that the writ petitioner is unable to file the reply to the show cause notice.2. I have heard Dr. Chakraborty appearing for the writ petitioner and Mr. Sarkar appearing for the Customs authorities and I have perused the averments made in the writ application. After hearing the learned counsel for the parties and after going through the materials on record, I dispose of the writ application in the following manner.3. The Customs authority shall suppl...
Madan Mohan Laik Vs. Coal India Ltd. and ors.
Court: Kolkata
Decided on: Sep-10-1996
Reported in: (1998)IIILLJ1057Cal
ORDERD.P. Kundu, J.1. In this writ application the petitioner has, inter alia, prayed for a writ in the nature of Mandamus commanding the respondents to release the cheque for the gratuity amount of the petitioner along with the payment of encashment of earned leave which is due to the petitioner.2. The petitioner stated that he was an employee of New Kenda Colliery and had been working as Typist under the Eastern Coal Fields Ltd., a subsidiary of Coal India Ltd. The petitioner was appointed on May 11, 1953 in the said colliery. The petitioner stated that in the said colliery he had worked as P. A., U/Man No. 62310 though he was designated as Typist. The petitioner was served with a notice of superannuation dated February 12, 1990 by which he was asked to retire from service on and from July 1, 1990. The petitioner stated that being aggrieved by and dissatisfied with the said superannuation notice, he moved an application under Article 226 of the Constitution before this Hon'ble High C...
Burn Standard Co. Ltd. Vs. Mcdermott International Inc. and ors.
Court: Kolkata
Decided on: Sep-10-1996
Reported in: (1997)2CALLT95a(HC)
Sujit Kumar Sinha, J.1. By this application under Sections 5, 11, 12, 33 and 41 of the Arbitration Act 1940, the petitioner has sought various reliefs. The facts leading to the present application may briefly be stated.2. The petitioner and the first respondent entered into a technical collaboration agreement dated 25th September, 1984 and its addendum dated 20th December, 1984. The said agreement contains an arbitration clause. The claims, disputes and/or controversies having arisen between them the same have been referred for adjudication by the arbitral tribunal appointed by the International Chamber of Commerce, the fifth respondent herein, in terms of the said arbitration clause.3. The Chairman and members of the said arbitral tribunal ('the said tribunal' for short) are respectively the second, third and fourth respondents herein.4. The arbitration proceedings before the said tribunal are now pending.5. On 16th July, 1996 the petitioner made an application before the said tribuna...
Md. Khalil and ors. Vs. Sk. Kalu Mia and ors.
Court: Kolkata
Decided on: Sep-10-1996
Reported in: (1997)1CALLT228(HC)
Basudeva Panigrahi, J. 1. This appeal and this revisional application are directed against the Judgment/Order of affirmance passed by the 2nd Additional District & Sessions Judge, Hooghly in Title Appeal No. 160/ 72 whereby and whereunder the learned Additional District Judge has dismissed the suit and allowed the application filed by the opposite party contesting defendants under Section 24 of the West Bengal non-agricultural Tenancy Act. 2. The factual scenario of the case leading to the present appeal and the revisional applications are as follows:-- The appellant Sk. Golam Barik, hereinafter referred to as plaintiff, filed a Title Suit in T.S. No. 207/70 before the learned Munsif Hooghly for declaration that the sale deeds dated 23rd April, 1954 and 17th February, 1960 in respect of 'B' and 'C' schedule properties are fictitious, invalid and sham transaction and for permanent injunction against the respondent Sk. Kalu Mia (hereinafter be referred to as contesting defendant) and als...
Sunirmal Das Vs. Kamala Kanta Roy and ors.
Court: Kolkata
Decided on: Sep-10-1996
Reported in: (1997)1CALLT408(HC)
Basudeva Panigrahi, J. 1. This revisional application is directed against an Order/Judgment passed by the Executing Court, Assistant District Judge, 8th court, Alipore in Execution Case No. 14/85 whereby and whereunder the court condoned the delay and issued notice against the Judgment-debtors. 2. The case has suffered a chequered history. The opposite party, original Decree holder filed a suit in T.S. No. 1171/62 in the Original Side of this court for specific performance of contract against one Salil Kr. Das, the predecessor-in-interest of the opposite parties 2 to 4 and the predecessor-in-interest of the opposite parties 8 to 10, Malay Kr. Das and Chanchal Kr. Das; which was decreed on contest on 8th January, 1964. The decree-holder opposite party No. 1 filed another suit in T.S. No. 1171/62 for recovery of possession in the 8th court, Sub-ordinate Judge, Alipur and was decreed on 3rd October, 1969. After the decree the opposite party No. 1 levied execution case No. 6/76 against the...
In Re: Sunil Kumar Bhattacharjee
Court: Kolkata
Decided on: Sep-10-1996
Reported in: (1997)1CALLT440(HC)
Basudeva Panigrahi, J. 1. This revision is directed against the Judgment and order dated 25th April, 1996 passed by the learned Chief Bench, City Civil Court at Calcutta in the Probate Case No. 134 of 1995 turning down the prayer of the petitioner to be included as a party. 2. The plaintiff/opposite party filed an application on 22/12/95 in the City Civil Court at Calcutta for grant of probate to him as the named executor of the purported last will and testament dated 12th February, 1995 of the deceased Smt. Kalidasi Dasi, the widow of Late Niranjendra Nath Deb. The petitioner, after general citation, entered appearance on 28th February, 1996 through Advocate and sought a direction against the opposite party to serve the copy of the application whereunder the latter was claiming probate of the purported will dated 25th February, 1995. In the said application the petitioner has however claimed that he may be given a chance to contest in the probate proceeding and some time be granted fo...
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