Kolkata Court April 1997 Judgments
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Metal Box (India) Ltd. Vs. State of West Bengal
Court: Kolkata
Decided on: Apr-10-1997
Reported in: (1999)IIILLJ1349Cal
ORDERDutta, J.1. The present application under Section 482 of the Code of Criminal Procedure, 1973 ('Cr. PC') and Article 227 of Constitution of India is directed against an order dated July 31, 1996 passed by the learned Chief Judicial Magistrate, Alipore in complaint case No. C 1064 of 1996 rejecting the petitioner-company's application under Section 630(2) of the Companies Act, 1956 ('the Act).2. The petitioner-company acquired ownership of flat No. 168, Minto Park Syndicate in the premises No. 13, Debendra Lal Khan Road, Calcutta. The respondent No. 2 joined the company as general finance manager sometime in July 1991. He was allotted the aforesaid flat for use and occupation of his own and his family during the course of his employment in the petitioner company. The respondent No. 2 by addressing a letter dated February 3, 1994 to the company submitted his resignation expressing his desire to be released from the services of the company on the closure of business hours on June 30,...
South India Shipping Corporation Ltd. Vs. the Board of Trustees for th ...
Court: Kolkata
Decided on: Apr-09-1997
Reported in: (1999)2CALLT531(HC)
The Court1. The plaintiff has instituted this suit on 11th January, 1988 for cancellation of annexure--'A' to the plaint, which is an undated noticeissued by the defendant to the plaintiff holding the plaintiff responsible for damaging its coal-loader and requiring the plaintiff to accept liability in that respect and for the payment of the cost of repairs. The annexure 'A' contained an endorsement, also undated, made by the master of the vessel belonging to the plaintiff, accepting liability, 'without prejudice to the extent of only loader being put In working order on turn-key basis'.2. The facts of this case in short are that M.V. 'Chennal-Nermal' an Indian Ship, owned by the South Indian Shipping Corporation Ltd. Madras under charter to the Poompuhar Shipping Corporation Ltd. arrived in Haldia from Sandheads on 27th August, 1987 for loading coal from the Coal-Berth within the Haldia Dock Complex. The vessel was placed in the locks, and the berthing master boarded the vessel In the ...
Jaygun Bibi Vs. Tarakeswar Chatterjee
Court: Kolkata
Decided on: Apr-09-1997
Reported in: (1997)2CALLT394(HC)
Sudhendu Nath Mallick, J.1. The instant revisional application under Article 227 of the Constitution of India has been preferred by the defendant/petitioner against the judgment and order passed by the learned 2nd Additional District Judge, Barasat, North 24-Parganas in Civil Revision Case No. 86 of 1991 on 28.5.92 setting aside the order of the learned Munsif, 4th Court, Sealdah dated 31.5.91 allowing in part the defendant/petitioner's prayer for amendment of the written statement under Order 6 Rule 17 of the Code of Civil Procedure in Title Suit No. 558 of 1979.2. The learned Counsel appearing for the petitioner has submitted that the impugned order passed by the learned Additional District Judge under Section 115A of the Code of Civil Procedure is manifestly illegal and, as such, should be set aside under Article 227 of the Constitution of India restoring the order passed by the learned Munsif against which the defendant/petitioner came up in revision before the learned Additional D...
Janak Deo Tewari and ors. Vs. Ashim Burman, Municipal Commissioner, Ca ...
Court: Kolkata
Decided on: Apr-09-1997
Reported in: 1998CriLJ182
Satya Brata Sinha, J.1. This application has been filed for punishing the alleged contemners for alleged disobedience of an order D/-23rd July, 1996 passed by a Division Bench of this Court in G. A. No. 1603 of 1996 arising out of Matter No. 3925 of 1994.2. The fact of the matter is not much in dispute. The petitioners had filed an application for sanction of a building plan in terms of the Building Rules framed by the Calcutta Municipal Corporation in terms of the Calcutta Municipal Corporation Act. The said application was rejected by the Municipal Building Committee on the following grounds :-(1) The opinion of D. C. (T) shall have to be obtained.(2) It has been observed that in order to avoid Rule 71 (A) more than one building has been linked through common stair. This should be avoided and the plan be recasted and put up.Admittedly, the petitioners complied with the first requisition, viz., it obtained the opinion of D. C. (Traffic). As regard applicability of Rule 71 (A) is conce...
Ashoka Restaurant and Bar and anr. Vs. General Manager, Metro Railways ...
Court: Kolkata
Decided on: Apr-08-1997
Reported in: AIR1998Cal90
ORDERSatyabrata Sinha, J. 1. The petitioners who are owners of a restaurant known as 'Ashoka Restaurant & Bar' and carry on bisiness at 3B, Jawaharlal Nehru Road, Calcutta have filed this application, inter alia, for issuance of a writ of or in the nature of Mandamus directing the respondents to pull down any portion of the parties and from making any construction of any nature whatsoever in front of the said shop. 2. The basic fact of the matter is not in dispute. 3. The Union of India, Ministry of Railways, is required to construct a Sub-way under the Jawaharlal Nahru Road, in front of Metro CinemaHall for the purpose of running Metro Railway in the town of Calcutta. The petitioners contend that the said Sub-way constructed on the foot path in front of their shop will clearly ruin the business of the petitioners. 4. Keeping in view the grievances raised in this writ application a short affidavit was directed to be affirmed on behalf of the respondents as to whether there exists any f...
Prafulla Kumar Maity Vs. Amal Krishna Mishra and ors.
Court: Kolkata
Decided on: Apr-04-1997
Reported in: (1998)1CALLT104(HC)
N.K. Mitra, J.1. The disputed plot No. 1491 appertaining to R.S. Khatian No. 128 of Mouza Athilagari, P.S. Contai, Dist. Mldnapore was the retained land of several co-sharers including Bhupendra Nath Maily and Ramesh Chandra Maity, who were all Raiyats as would appear from the R.S. Record of Rights where the said land was recorded as 'Sandi' (Balu Badam). On 30th August, 1969, opposite parties No. 1 to 3 purchased .04 decimals being a portion of the said plot No. 1491 from Bhupen Maity, Subsequently, on 11th August, 1972, Bhupen sold about .02 decimals in the same plot to the petitioner. Admittedly, no notice of such transfer under section 5(5) of the West Bengal Land Reforms Act, 1955 was served upon the opposite parties No. 1 to 3. Subsequently, on 26th February, 1973. Ramesh sold his portion to the opposite parties No. 1 to 4. The registration of the said sale was completed on 28th February, 1973. Thereafter on or about 16th June, 1975, the opposite parties No. 1 to 4 filed an appli...
Brojendra Nath Samanta and Others Vs. Cesc Limited and Cmc
Court: Kolkata
Decided on: Apr-03-1997
Reported in: AIR1997Cal352
ORDER1. Both the writ applications involving common questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.2. C.O.No. 18364(W) of 1996 has been filed by 16 persons praying inter alia for following reliefs:-'(a) to issue a writ in the nature of mandamus commanding the respondents and/or their agents to forbear giving any effect and/or further effect to the impugned notice dated 16-9-96, Annexure `F' issued by the Commercial Executive C.E.S.S. and the notice dated 11.10.96 issued by the respondent No.5,Annexure `H' and rescind, revoke and cancel them all.(b) to issue a writ in the nature of mandamus commanding the respondents to forbear from giving any effect to the appointment of Respondent No. 5 as incharge of the C.M.C. Market, New Alipore by an impugned agreement and rescind, revoke and cancel them all.(c) to issue a writ in the nature of prohibition prohibiting the respondents from taking any steps to disconnect the electricity...
Kanoria Jute and Industries Ltd. Vs. Certificate Officer
Court: Kolkata
Decided on: Apr-03-1997
Reported in: 1997(92)ELT473(Cal)
Vinod Kumar Gupta, J.1. In respect of the subject matter of this writ petition the petitioner had earlier filed an application in this Court and on 16-12-1996 I had admitted the writ petition with regard to the recovery under Central Sales Tax Act, 1946, I had dismissed the same in so far as it related to the recovery under the Bengal Finance (Sales Tax) Act, 1941 since the Taxation Tribunal constituted under the West Bengal Taxation Tribunal Act, 1987 had the exclusive jurisdiction in the matter and I had made an observation, while dismissing the writ application to the extent that the jurisdiction of this Court because of the aforesaid enactment had been excluded. The petitioner was accordingly also given liberty to approach the Tribunal for appropriate relief in respect of the dispute relating to the relevant certified case arising out of Bengal Finance (Sales Tax) Act, 1941.2. This petition has now been filed under Article 226 of the Constitution of India by the petitioner after th...
Parmanand Agarwal Vs. Commissioner of Customs
Court: Kolkata
Decided on: Apr-03-1997
Reported in: 1997(92)ELT482(Cal)
Vinod Kumar Gupta, J.1. Since no affidavit-in-opposition has been filed by the respondents, therefore, the allegations made in the writ application shall not be deemed to have been admitted.2. The short grievance of the petitioner is that the bank guarantee furnished by the petitioner pursuant to the order dated 26-5-1994 passed by the Collector of Customs, Calcutta has not been returned to the petitioner despite the litigation with respect to the licence in question since being over.3. The petitioner's grievance is that even though a Division Bench of this Court in the case of Collector of Customs v. Ram Rich Pal Agarwal vide its judgment dated 14-6-1994 had dismissed the appeal filed by the Collector of Customs thus putting an end to the controversy relating to any alleged irregularity in the licence in question and its consequent transferability, the respondents are not returning the bank guarantee furnished by the petitioner. The petitioner's further contention is that the true int...
Namita Sengupta Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-02-1997
Reported in: 1997CriLJ2839
ORDERSatyabrata Sinha, J.1. The petitioner filed a writ application in this Court being CO. No. 8672(W) of 1995 claiming, inter alia, the following reliefs : -- (a) A writ in the nature of Mandamus commanding the respondents, each of them, their men, agents and subordinates to act strictly in accordance with law and the respondent authorities be further directed to place the petitioner in terms of the medical advice either at the Institute of Phychitry Out patient Department, Calcutta or at the S.S.K.M. Hospital where there is little possibility of exertion keeping in view that the petitioner is suffering from heart trouble and the salary and other allowance of the petitioner month by month since the month of January, 1995 be given to the petitioner without any further delay;(b) A writ in the nature of Certiorari commanding the respondent to certify and transmit the records relating to the cases before this Hon'ble Court so that conscionable justice can be administered;(c) A writ in th...
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