Kolkata Court May 1997 Judgments
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Monaranjan Das and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-20-1997
Reported in: AIR1998Cal22
ORDERBasudeva Panigrahi, J.1. In the instant case, the writ petitioners have challenged the validity of the decision passed by ihe Executive Committee of the West Bengal Board of Secondary Education on 21st April, 1986 for changing the name of the educational institution basing on the notification of the WestBcngal Board of Secondary Education as per Annexure 'A' to the writ petition.2. The petitioners themselves who claim to have vital interest in the institution, namely Kadambari Union High School, stated, inter alia, that the Kadambari Union High School (hereinafter referred to as School) was initially established as a middle English School about a century ago. In course of time, the said School was upgraded into a High School which had been recognised by the West Bengal Board of Secondary Education. Some of the petitioners have claimed themselves as guardians, few others as donors and founders.3. It has been further slated that one Dr. Sachindra Nath Pradhan who was formerly a resi...
Dr. Tapendro Mullick Vs. Purnendra Mullick
Court: Kolkata
Decided on: May-20-1997
Reported in: I(1999)DMC523
Surya Kumar Tiwari, J.1. The revisional application is directed against the order dated 21.12.1993 passed by the learned S.D.J.M., Alipore on Complaint Case No. 2121 of 1992. The opposite party No. 1 filed a petition of complaint in the Court below. The petitioner is the son of opposite party No. 1. According to complaint, petitioner and accused No. 3 Smt. Ruby Mullick filed an application before the Registrar of Marriages for registration of their marriage under the Special Marriage Act. Accused No. 2 Manisha Mullick is the daughter of the sister of the petitioner who has been made accused No. 3 in the case. Accused Nos. 1 and 2 are within the prohibited degrees and are direct blood relations. On 26th April, 1991, the accused persons applied to the Registrar of Marriages and filed a false declaration that they do not come within the prohibited degree. The marriage was duly registered by the Registrar of Marriages on the basis of the false declaration given by the accused persons. Henc...
Rais Ahmed Vs. the State
Court: Kolkata
Decided on: May-20-1997
Reported in: (1997)2CALLT483(HC)
Dibyendu Bhusan Dutta, J.1. The Instant application under Section 379, 401 and 482 of the Criminal Procedure Code is directed against the order dated 13.8.88 passed in case No. C/793 of 1984 (TR 219 of 1984) by the learned Metropolitan Magistrate, 12th Court, Calcutta, convicting and sentencing the accused petitioner under Section 409 of IPC to suffer rigorous imprisonment for two years and to pay a fine of Rs. 5,000/-, in default, to suffer further rigorous imprisonment for one year as well as the order dated 21.2.91 passed in the Criminal Appeal No. 53 of 1988 by the learned. City Sessions Judge, 7th Bench, Calcutta, affirming the aforesaid order of conviction and sentence.2. The opposite party No. 2 who was an employee of M/s. U.B.S. Publisher Distributors Ltd. a leading house of distributors of different kinds of printed books, lodged a complaint on or about 3.4.84 before the learned, Chief Metropolitan Magistrate alleging that the petitioner as well as one S.N. Idris did commit of...
Dr. D. P. Bhattacharjee Vs. Assistant Commissioner of Income-tax.
Court: Kolkata
Decided on: May-19-1997
Reported in: (1998)60TTJ(Cal)260
ORDERS. C. TIWARI, A.M. :As there are common facts in these two appeals, the same are being decided together for the sake of convenience.2. The dispute in these appeals is in respect of the learned CIT(A) by and large confirming the additions made by the AO to the declared professional receipts of the assessee. The additions thus made by the AO were Rs. 46,250 for the asst. yr. 1989-90 and Rs. 56,100 for the asst. yr. 1988-89.3. The facts of the case as stated in the orders of the authorities below are that the assessee is a reputed practising orthopaedic surgeon. The Department conducted a search under s. 132 at the premises of the assessee on 12th September, 1988 which, however, did not result in any seizure of money or any other valuable articles or things. Thereafter, the AO collected the details of operations carried out by the assessee during the previous years relevant to asst. yrs. 1988-89 and 1989-90 - from the hospitals and nursing homes with which the assessee was connected....
Assambrook Exports Ltd. and anr. Vs. Export Credit Guarantee Corpn. of ...
Court: Kolkata
Decided on: May-15-1997
Reported in: AIR1998Cal1
ORDERSatyabrata Sinha, J.1. The petitioners have filed this writ application claiming, interalia, the following reliefs :--'(a) A writ and/or in the nature of certiorari do issue calling upon the respondent Nos. 1 and 2 and each of them, their men, agents, subordinates and servants to forthwith certify and transmit to this Hon'ble Court the records of this case culminating to issue of the impugned letters dated 14-12-1994 and 26-5-1995, being Annexures V and X to this petition so that upon consideration thereof the same may be quashed and conscionable j usticc may be done; (b) A writ and/or in the nature of Mandamus do issue directing the respondent Nos. 1 and 2 and each of them, their men, agents servants, subordinates to : (i) act in accordance with law; (ii) withdraw, recall, rescind and/orcancel the impugned letters of rejection of the claim of your petitioner No. 1, being, Annexures V and X to this petition, forthwith; (iii) desist from giving any effect or further effect of from ...
Besco Limited Vs. West Bengal State Electricity Board
Court: Kolkata
Decided on: May-15-1997
Reported in: (1997)2CALLT213(HC)
Rabin Bhattacharyya, J.1. The appellants, who are the writ petitioners, have initiated the above noted appeal, since aggrieved by the dissatisfied with the judgment and order passed by the learned trial Judge dated 31.7.96 in connection with Civil Order No. 877(2) of 1996.2. To get a grip to the core controversy, the narration of the factual exposure of the case is in its essence a necessity for dispensation of justice, in default, there would be an overwhelming confusion worse confounded.3. Howbeit, the court cannot avoid its duty. The main thrust of the claim of the appellants is interoven in the writ application which glaringly shows that they filed a writ which couched a good number of reliefs wherein it included amongst others a prayer for setting aside the order of the Chairman West Bengal State Electricity Board dated 4.7.91. The petitioner also in his writ application fought for an order of restrainment against the respondent opposite party from snapping of the supply of Electr...
Coastal Roadways Ltd. and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-15-1997
Reported in: (1997)2CALLT259(HC)
Rabin Bhattacharyya, J.1. The Coastal Roadways Ltd. initiated a writ application abreast of a good number of reliefs which included amongst others and order for injunction of effecting reconstruction/repairing of business premises No. 1/1, Camac Street which suffered damage and endangered by the illegal activities of the hoodlums in the locale. The petitioner forming a group of Industries sought for beautification of the office and the adjoining area which generated much dispute since the applications invited for the appointment of staffs and the assistant could not be accelerated. The petitioner resorted to a proceeding under Section 144 Cr PC before the learned Executive Magistrate to prevent the breach of peace and for a direction on the O.C.P.S. Park Street, to provide egrees and ingress to the business premises.2. The petitioner rushed to the writ court where the learned trial Judge appointed a Special Officer and accorded interim order in terms of prayers (i), (j) & (k) of the pe...
In Re: M/S. Grand Engineering Works and anr. Vs. State of West Bengal ...
Court: Kolkata
Decided on: May-09-1997
Reported in: (1998)1CALLT276(HC)
S.B. Sinha, J.1. The question which arises for consideration tn this application is as to whether the Impugned order dated 12.3.97 wherebyand whereunder the petitioners have been black listed, is sustainable in law. The said order read thus :'The undersigned hereby orders that M/s. Grand Engineering Works, Barajaguli Chowmatha. P.O. Barajagull. Dist : Nadia be black listed for transactioning any sort of business with this Directorate with immediate effect'.A bare perusal of the aforementioned order would show that the assertion to the effect that the said order was passed without complying with the mandatory requirements of principle of natural Justice is correct. However, Mr. Mishra, learned Advocate appearing on behalf of the respondents seeks to place before this court a purported admission of the petitioners to the effect that he had accepted the fact that he had been loading certain other materials which was not permitted under the contract. The learned counsel in support of his a...
Jenson and Nicholson (India) Ltd. and Others Vs. Union of India and Ot ...
Court: Kolkata
Decided on: May-09-1997
Reported in: AIR1997Cal308
ORDER1. The petitioner in this application has prayed for the following reliefs:- 'a) Declaration that Section 11B of the Securities Exchange Board of India Act, 1992 introduced by the Securities Laws amendment Act, 1995 is ultra vires the Constitution of India and the Companies act, 1956 and is void in so far as it seeks to empower the Securities and Exchange Board of India to impose penalties on companies and bodies corporate to increase their capital by further issue of shares; b) A writ of an/or direction in the nature of Mandamus commanding and directing the respondents to withdraw, recall, recall, rescind and cancel the said order dated February 11,1997 and to forbear and refrain from giving any effect or further effect thereto in any manner whatsoever; c) A writ of and/or order and/or direction in the nature of Certiorari calling upon the respondents to certify and forthwith sent to this Hob'ble Court its entire records culminating in the order dated February 11,1997 so that t...
Prashant Glass Works Pvt. Ltd. Vs. Commissioner of Customs
Court: Kolkata
Decided on: May-06-1997
Reported in: 1997(93)ELT666(Cal)
Vinod Kumar Gupta, J.1. Show cause notice dated 27th February, 1997 issued by the Assistant Commissioner of Customs, the respondent No. 2 in this petition has been challenged by the petitioners on a number of grounds. When this petition was taken up for consideration today. Mr. N.C. Roy Chowdhury, Advocate appearing for the respondents brought it to the notice of this Court that in the meanwhile an order has been passed on 26th March, 1997 whereby the Commissioner of Customs while adjudicating upon the dispute between the parties forming the subject of this petition has passed a final order and that this order has in fact been communicated to the petitioners as well. Mr. Mitra learned Advocate appearing for the petitioner admits this fact but says that the court may permit the petitioners to incorporate the challenge to the aforesaid order dated 26th March, 1997 and in the meanwhile grant interim relief to the petitioners so that the confiscation of the goods by the respondents are rel...
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