Kolkata Court February 1997 Judgments
Niranjan Nath Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-18-1997
Reported in: AIR1998Cal16
ORDERSatyabrata Singh, J.1. In the writ application the petitioner has prayed for the following relief's :--'(a) A writ and/or order or orders and/or directions in the nature of a writ of mandamus directing the respondents their agents, subordinates, employees and/or transferees to issue tender form to the petitioner's firm and to permit the petitioner's firm to participate in tender of construction of 3rd Mahanada Bridge in terms of the Memo No. 440 dated 1 October, 1996 issued by the Superintending Engineer, P.W.D., Planning Circle the respondent No. 3; (b) A Writ and/or order or orders and/or directions direction the respondents their agents, servants and subordinates directing them not to proceed with the process of tendering or accepting any tender from giving any work order to any tender or taking any further step pursuant to such acceptance of any lender : (c) A Writ and/or order or orders and/or directions in the nature of a Writ of Certiorari directing the respondents to certi...
Tag this Judgment!Webel Nicco Electronics Limited Vs. Mrs. Anima Roy
Court: Kolkata
Decided on: Feb-18-1997
Reported in: (1997)1CALLT243(HC),1997(1)CHN454,(1997)IILLJ80Cal
Ruma Pal. J. 1. The issue before this Court is whether a Tribunal can refuse to dispose of an application for interim relief under Section 15(2)(b) of the Industrial Disputes Act, 1947 (hereinafter referred to as the Act) until the workman files the written statement.2. Before considering the issues, I must say that I am baffled by the reluctance shown in this case by the workman to file a written statement, Ordinarily the delay in disposing of an Industrial Dispute is attributed to the employer who would be interested in defeating the outcome of the dispute by exhausting the workman. In this case admittedly the workman was served with the charge sheet on June 29, 1991. The charges are serious ones. The domestic enquiry was held between July 10, 1991 to October 5, 1993. The Enquiry Officer found the workman guilty. On November 16, 1993 the employee was dismissed. According to the employer this was done on a consideration of the report of the Enquiry Officer, records, documents, and the...
Tag this Judgment!H.M. Brothers (Pvt.) Ltd. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Feb-18-1997
Reported in: 1999(65)ECC847,1999(112)ELT36(Cal)
Satya Brata Sinha, J. 1. The petitioner in this writ application has, inter alia, prayed for the following reliefs :-'(A) A writ of and/or order and/or direction in the nature of Mandamus commanding the respondents, each one of them, their servants, agents and subordinates to act in accordance with law and grant remission of demurrage charges in respect of ZVL-ZKL Brand Bearings consignment having C.I.F. Value Rs. 1,75,722/- which was lying in the custody of the Calcutta Port Trust at Calcutta Port to the same extent as were given by the Board of Trustees, respondent No. 3 herein in respect of 39 other identical consignments imported by Bombay based importers;(B) A Writ of and/or order and/or direction in the nature of Mandamus do issue commanding the respondents, each one of them, their servants, agents and subordinates and particularly the Respondent No. 4 herein not to include the subject consignment for Sale and/or auction, till the question of remission of demurrage is finally con...
Tag this Judgment!Santosh Kumar Roy and Others Etc. Vs. State of West Bengal and Others
Court: Kolkata
Decided on: Feb-17-1997
Reported in: AIR1997Cal168
ORDER1. All these applications involving common questions of facts and law are being taken up for hearing together and are being disposed of by its common judgement.2. The petitioners are tenants in the flats owned by the State of West Bengal. For the purpose of such tenancy agreements had been entered into by and between the Government of West Bengal and the tenants. Some of the tenancies relate back to early 60's.3. The petitioners in these applications are aggrieved by an order whereby adhocincrease in the monthly rent was directed in terms of a letter dated 14-10-1996 as c6n-tained Annexure 'G' in the writ application filed by the Belgachia Villa Tenants' Association and others, being C. 0. No. 20322(W) of 1996.4. The basic fact of the matter would be considered from the averments made in the said applications.5. The petitioner No. 1 is a Registered Society and other petitioners are its members and tenants of respective flats at Beigachia Villa being Premises No. 64 Beigachia Road,...
Tag this Judgment!West Bengal Small Scale Pharmaceutical Manufacturer's Association and ...
Court: Kolkata
Decided on: Feb-14-1997
Reported in: AIR1997Cal186
ORDER1. The petitioner Nos. 1 and 3 claim to be Associations of manufacturers of drugs and pharmaceuticals in West Bengal, some of whom are engaged in the manufacture of different combinations of Iodoch-lorohydorxyquinoline with diastase and metronodazole for treatment of diarrhoea and dysentery under different brand names for about the last forty years. In this writ application they have challenged a Notification No. G.S.R. 793(E) issued by the Union ofIndia and published in the Gazette of India Extraordinary in its issue of 13th December, 1995, prohibiting the manufactue, sale and distribution of fixed dose combination of Hydroxyquinoline group of drugs with any other drug, except for preparations meant for external use.2. Appearing in support of the writ petition, Mr. Guatam Chakraborty submitted that the impugned notification dated 13th December, 1995, was a more or less verbatim reproduction of Section 26A of the Durgs and Cosmetics Act, 1940, hereinafter referred to as the '1940 ...
Tag this Judgment!Jas Enterprises Vs. the Karanpara Development Co. Ltd. and anr.
Court: Kolkata
Decided on: Feb-14-1997
Reported in: (1997)2CALLT277(HC)
Altamas Kabir, J.1. This application has been made under Section 12 of the Arbitration and Conciliation Ordinance 1996, which has since been replaced by the Arbitration and Conciliation Act, 1996, inter alia, for leave to the petitioner to revoke the authority of Sri I.M. Puri appointed as the sole arbitrator and to remove him from the reference in respect of the disputes and differences arising out of the contract in question.2. Appearing in support of the application, Mr. Priayabrata Mukherjee submitted that a notice inviting tenders was published in the Ranchi Express on 2nd August, 1994, and the petitioner's tender in respect thereof was duly accepted and Work Order was issued to the petitioner.3. Disputes, however, arose between the parties over the execution of the work and it was submitted by Mr. Mukherjee that, inasmuch as, the respondents had failed to allot sufficient work to the petitioner in terms of the work order, the petitioner was compelled to keep its machineries an ot...
Tag this Judgment!R. Rajeshwaran Vs. the State and ors.
Court: Kolkata
Decided on: Feb-14-1997
Reported in: (1997)2CALLT287(HC),1997CriLJ3072
Bijitendra Mohan Mitra, J.1. The instant application under Article 226 of the Constitution of India for issuance of a writ of Habeas corpus appears to be an aftermath of the abortive attempt to initiate the proceeding under Section 97 of the Cr PC giving rise to the Misc. Case No. 35 of 1996 before the court of the learned Chief Judicial Magistrate at Port Blair. The petitioner before this court has only made an averment to the effect that he has gone in for an unauthorised sexual relation with a girl named in the petition as Neena, and as a result of the same, a child was conceived and the lady concerned gave birth to the said child. Only as per claim of the petitioner, he can at best claim himself to be a putative father of the said child conceived by the aforesaid girl namely Neena and there is no independent corroboration of the same either by medical opinion or from any independent agency. Even assuming the version to be correct, the prayers as has been made either before the crim...
Tag this Judgment!Md. Habib Vs. the State
Court: Kolkata
Decided on: Feb-14-1997
Reported in: 1997CriLJ1734
Nure Alam Chowdhury, J1. This appeal is directed against the Judgment and order, dated 10th January, 1991, passed by the Ld. Additional Sessions Judge, 4th Court at Alipore, 24 Parganas (South) in S. T. Case No. 2( 11) 90, convicting the appellant Under Section 21 of the Narcotic Drugs and Psychotropic Substance Act, 1985, hereinafter referred to as N.D.P.S. Act, for short, and sentencing him to R. I. for 10 years and also to pay a fine of Rs. 1 lakh only i.d. to further R. I. for 10 years.2. Prosecution case, in brief is that on 28-5-88 at about 11.30 hrs. while Sub-Inspector Ratan Lal Mukherjee (P.W.4), attached to Garden Reach Police station (Port Division), Calcutta at the relevant time, who is also the first Investigating Officer of the case, was on his round duty in the Meher Manzil Lane area, he received secret information from source that the appellant was selling 'Brown Sugar' clandestinely to the public, arrested the appellant, on the identification of the source from Meher M...
Tag this Judgment!Ananda Bauri Vs. State
Court: Kolkata
Decided on: Feb-14-1997
Reported in: 1997CriLJ2188
Nure Alam Chowdhury, J.1. These two appeals, Criminal Appeals Nos. 118 and 152 of 1988 preferred by the appellants Mahadeb Bauri and Ananda Bauri respectively are directed against the same judgment and order dated 14-3-88, passed by the learned Assistant Sessions Judge, Purulia, in Sessions Trial No. 17 of 1987 (Sessions Case No. 27 of 1985), convicting Mahadeb Bauri (Appellant in Criminal Appeal No. 118 of 1988), under Sections 395/109, I.P.C. and sentencing him to R.I. for five years and convicting Ananda Bauri (Appellant in Criminal Appeal No. 152 of 1988) Under Section 395, I.P.C. and Section 9B(1)(b) of the Indian Explosives Act, and sentencing him to suffer R.I. for five years and pay fine of Rs. 1000/- i.d., suffer R.I. for six months more on conviction under Section 395, I.P.C. and to suffer R.I. for six months on conviction Under Section 9B(1)(b) of the I.E. Act, both the sentences to run concurrently. Both the Appeals are, therefore, heard analogously.2. At the very outset of...
Tag this Judgment!Debasis Dhabal Vs. Union of India and Others
Court: Kolkata
Decided on: Feb-10-1997
Reported in: AIR1997Cal296,(1997)2CALLT187(HC)
ORDER1.The legality and the validity of the selection Board for the purpose held by the Oil Selection Board for the purpose of awarding L.P.G. distributorship in favour of the respondent No.6 in exclusion of the present petitioner is the subject-matter of challenge in the instant writ petition.2. Such challenge has been made by the petitioner mainly on the ground that the respondent No.6 has been selected although he does not fulfil the eligibility criteria as laid down in the notice inviting applications dated 30th September, 1995; the provision for giving preference to the candidates who are unemployed graduates like the petitioner has not been given effect to by the respondents and unequals have been treated as equals and at the time of selection, all the materials and relevant criterion were not taken into consideration for the purpose of such selection by the Selection Board to the serious prejudice of the petitioner.3. A notice issued by the Indian Oil Corporation and inviting ap...
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