Kolkata Court January 1997 Judgments
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West Bengal State Electricity Board and Others Vs. Siddharta Ferro All ...
Court: Kolkata
Decided on: Jan-29-1997
Reported in: AIR1997Cal221
ORDERBarin Ghosh, J. 1. The only questionin these appeals is whether the appellant madeunjust enrinchment, and if so, to what extent?The trail Judge held against the appellant anddirected it to give appropriate adjustment.2. The appellant, in these appeals, is the West Bengal State Electricity Board, being supplier of electricity. The writ petitioners are consumers of electricity, supplied by the appellant exclusively. The terms and condi-tions of supply of electricity are recorded in written contracts. The principal terms andconditions are identical. Those terms and conditions provide that the appellant will supply to the writ petitioners electricity at an agreed pressure of 33000 Kva. The agreements further provide that the writ petitioners will be entitled to draw power to the extentbut not exceeding maximum number ofkilovoltampere for each of the first five yearsof supply as mentioned in schedule one of the agreements, called 'contract demand'. The agreement say that there shall be...
income-tax Officer and Ors. Vs. All India Vijaya Bank Officers' Associ ...
Court: Kolkata
Decided on: Jan-29-1997
Reported in: [1997]225ITR37(Cal)
V.N. Khare, C.J.1. This appeal is directed against the judgment of a. learned single judge of this court dated April 19, 1994. By the said judgment, the learned judge relying upon a decision of this court in the case of Indian Bank Officers' Association v. Indian Bank : [1994]209ITR72(Cal) , disposed of the writ petition filed by the writ petitioner and the rule was made absolute in terms of prayers (a) and (b) of the writ petition.2. The writ petitioner-respondent No. 1 is an association of officers of the Vijaya Bank--a Government of India undertaking. It was alleged that the writ application was filed by respondent No. 1 for and on behalf of and representing the association of officers of the respondent-bank. The respondent-bank is a nationalised bank and is governed by the provisions of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, and in exercise of the powers conferred by Section 19 read with subsection (2) of Section 12 of the Banking Companies (Acq...
Chinta Devi and ors. Vs. the State
Court: Kolkata
Decided on: Jan-29-1997
Reported in: (1997)1CALLT367(HC)
Dibyendu Bhushan Dutta, J. 1. A proceeding being C case No. 7 of 1996 arising out of G.R. Case No. 228 of 1996 pending in the court of learned Judge, Special Court, (under the Narcotic Drugs and Psychotropic Substances Act), Suri, in connection with Bolpur P.S. case No. 106 of 1996 dated 25.6.96 under Sections 20/25 of the Narcotic Drugs and Psychotropic Substances Act. 1985 forms the Subject matter of challenge in the instant application that has been filed under Section 482 of the Code of Criminal Procedure. 2. The aforesaid police case was started on the allegations which may, in Sub-stance, be stated as follows. On 25.6.96 around 1-45 hrs., while the O.C., Bolpur P.S. along with his force was on night patrol duty under the direct supervision of S.D.P.O., Bolpur, he received a secret source information that some people were possession some packets of Ganja in the house of one Anup Singh at Bolpur (Kalipukur) Hattala, At once, the patrol party rushed to the spot under the direct supe...
Dipak Das and anr. Vs. State of West Bengal
Court: Kolkata
Decided on: Jan-29-1997
Reported in: 1997CriLJ2189
Nure Alam Chowdhury, J.1. This appeal is directed against the judgment and order dated 22nd December, 1993 passed by the learned Addl. Sessions Judge, Ist Court, Bankura in Sessions Trial No. 6(7) 1992 (Sessions Case No. 1(5) 1989) convicting the appellant No. 1 Dipak Das (A1) and his father Subhas Das (A2) aged about 70 years, Under Section 302, I.P.C. and sentencing each of them to suffer imprisonment for life as also convicting both the appellants Under Section 201, I.P.C. and sentencing 'each of them to suffer R.I. for two years and also to pay a fine of Rs. 1000/- i.d. to suffer R.I. for a further period of one year, both the sentences are directed to run concurrently. Both the appellants have been found not guilty Under Section 498A, I.P.C. Two other accused persons placed in the same trial namely Abhijit Das and Sudip Das who are the brothers of Dipak Das (A1) and the sons of Subhas Das (A2) were acquitted of all the charges as both Abhijit and Sudip lived separately from both A...
Smt. Kokia Mahato and ors. Vs. the State
Court: Kolkata
Decided on: Jan-29-1997
Reported in: 1998(59)ECC114
Dibyendu Bhusan Dutta, J.1. A proceeding being C Case No. 6 of 1996 arising out of G.R. Case No. 227 of 1996 pending in the Court of Ld. Judge, Special Court, (Under the Narcotic Drugs and Psychotropic Substances Act), Suri, in connexion with Bolpur P.S. Case No. 106 of 1996 dated 25.6.96 under Section 20/25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 forms the subject matter of challenge in the instant application that has been filed under Section 482 of the Code of Criminal Procedure. 2. The aforesaid police case was started on the allegations which may, in substance, be stated as follows. On 25.6.96 around 1-45 hrs., while the O.C., Bolpur P.S. along with his force was on night patrol duty under the direct supervision of S.D.P.O., Bolpur, he received a secret source information that some people were possessing some packets of Ganja in the house of one Swapan Das at Bolpur (Kalipukur), Hattala. At once, the patrol party rushed to the spot under the direct supervision ...
income Tax Officer and ors. Vs. All India Vijaya Bank Officers Associa ...
Court: Kolkata
Decided on: Jan-29-1997
Reported in: (1997)141CTR(Cal)126
V. N. KHARE, C.J. :This appeal is directed against the judgment of a learned single judge of this Court dt. 19th April, 1994. By the said judgment, the learned judge relying upon a decision of this Court in the case of Indian Bank Officers Association vs . Indian Bank : [1994]209ITR72(Cal) , disposed of the writ petition filed by the writ petitioner and the rule was made absolute in terms of prayers (a) and (b) of the writ petition.2. The writ petitioner-respondent No. 1 is an association of officers of the Vijaya Bank - a Government of India undertaking. It was alleged that the writ application was filed by respondent No. 1 for and on behalf of and representing the association of officers of the respondent-bank. The respondent-bank is a nationalised bank and is governed by the provisions of the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970, and in exercise of the powers conferred by s. 19 r/w. sub-s. (2) of s. 12 of the Banking Companies (Acquisition and Trans...
Pinaki Ranjan Bharati Vs. State of West Bengal and Others
Court: Kolkata
Decided on: Jan-28-1997
Reported in: AIR1997Cal155
ORDER1. The petitioner claiming himself to be the recognised Founder-Principal and ex-officio Secretary of the Kabitirtha College (at Subhas Nagar, Bangaon) affili-tated to the Rabindra Bharati University, has filed the writ petition praying for various directions including the direction upon the respondents State and University authorities to act in terms of the order dated 11-1-1995 of a Division Bench of this Court comprising M.G. Mukherjee and Vidya Nand, JJ. in P.M.AT. No. 49 of 1995 and also for recognising the Kabitirtha College and for supplying registration and examination forms and making arrangement for salary of the petitioner and other teaching and non-teaching staff of the college from the University Grants Commission and also for direction upon the Scheduled Castes Welfare Authorities to grant Scheduled Castes stipends to the Scheduled Castes students of the College, etc. Subsequently, during thependency of this writ petition the petitioner also filed another application...
Steel Authority of India Ltd. Vs. Hindustan Steel Employees Union and ...
Court: Kolkata
Decided on: Jan-24-1997
Reported in: (1998)ILLJ704Cal
ORDERNo. 204-IR IR/IOL-37(1)/81 Dated January 18, 1984Whereas an industrial dispute exists between Messrs. Steel Authority of India Ltd., Alloy Steels Plant, Durgapur-8 and their workmen represented by Hindustan Steel Employees Union, 36/49, Harshabardhan Road, pur-gapur-4 relating to the undermentioned issue being a letter specified in the Second Schedule to the Industrial Disputes Act, 1947 (14 of 1947);And whereas it is expedient that the said dispute should be referred to an Industrial Tribunal constituted under Section 7A of the said Act;Now, therefore, in exercise of the powers conferred by Section 10 of the Industrial Disputes Act, 1947 (14 of 1947) the Governor is pleased hereby to refer the said dispute to the Ninth Industrial Tribunal constituted under Notification No. 4481/GL/G/3A-20/66 dated September 7, 1967, for adjudication:The said Ninth Industrial Tribunal shall meet at such places and on such dates as it may direct;IssuesWhether termination of service of Shri Rabi Sor...
Sk. Kausar Ali Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-22-1997
Reported in: (1997)2CALLT308(HC)
Nripendra Kumar Bhattacharyya, J.1. Heard the submission of the learned Advocate for the petitioner, Mr. Sadananda Ganguli appearing with the learned Advocate, Mr. Prahlad Chandra Ghose. Considered the materials on record.2. The present writ petition is directed against an order of suspension of the Prodhan of Paranpur Gram Panchayet under Ratua-II in the district of Malda, as in annexure 'C to the writ petition, passed by the prescribed authority under Section 243 B of the West Bengal Panchayet (Amendment) Act, 1994, who Is the Sub-divisional Officer (Sadar), Malda.3. The background of the case is that there were some allegations of misappropriation of money, criminal breach of trust and gross negligence of duties. Thereafter, under the order of the Assistant Director of Panchayat, Government of West Bengal, as was directed by the Memo. No. 195/DP/4-C. 12/95 dated 12.1.96, enquiries were made by the District Panchayat Officer, Malda, in presence of the B.D.O., Ratua-II Block, on 30th ...
Srimathi Sarala Shah Vs. Calcutta Municipal Corporation and ors.
Court: Kolkata
Decided on: Jan-20-1997
Reported in: (1997)2CALLT283(HC)
Nripendra Kumar Bhattacharyya, J.1. Heard the submissions of the learned Ad- vocate for the petitioner, Mr. G.P. Trivedi appearing with the learned Advocate Mr. Siddhartha De and the learned Advocate for the respondent No. 5 Mr. Samiran Girl as well as the learned Advocate for the Municipal Authority (respondents Nos. 1, 2 and 3), Mr. Dipankar Chakrabory appearing with the learned Advocate Mr. Fazlul Haque. Considered the materials on record.2. The grievance of the writ petitioner is that the respondent No. 5 is trying to take forcible possession of the garage which is tenanted to her and disturbing her peaceful possession of the tenanted garage by raising unauthorised construction.3. The short background of this case is that the writ petitioner is a tenant in respect of a garage at a monthly rental of Rs. 70 under the respondent No. 5 and the respondent No. 5 in order to evict her from the tenancy behind her got a prior sanction from the Calcutta Minicipal Corporation for constructing...
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