Kolkata Court February 1998 Judgments
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Mrs. S.K. Puri Vs. Mrs. M. Seshamma
Court: Kolkata
Decided on: Feb-17-1998
Reported in: (1998)3CALLT128(HC)
S. Narayan, J.1. This being a second appeal, it may be first pointed out that there are concurrent findings of facts by both the courts below that the defendant/ appellant was licensee and the plaintiff/respondent was entitled to a decree of khas possession over the demised premises on revocation of the licence. In the instant appeal the defendant/appellant endeavours to make out a substantial question of law on the plea that there was non-consideration of material evidence on the record by both the courts below.2. Admittedly, the appellant entered into occupation of the demised premises on the strength of an agreement dated January 9, 1989 (Ext. 1) on payment of a sum of Rs. 35,000 per month as also a lumpsum amount of Rs. 50,000 by way of advance. The controversy between the parlies was as simple as that could be. According to the plaintiff/respondent, the agreement between the parties was to create a licence whereas, the defendant/appellant asserted to have been inducted as a monthl...
Milan Kumar Puri Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-17-1998
Reported in: (1998)3CALLT138(HC)
The Court 1. In this writ petition the petitioner prays for quashing the resolution of the State Transport Authority, West Bengal deled 17.5.94 as communicated to the petitioner by the STA's No. 2597-STA dated 20.6.94 which is annexure-2 to the writ petition. By that resolution the STA rejected the application of the petitioner for permanent stage carriage permit on the route Mazna to Calcutta on the ground that the alignment of the said route coincides mainly with the notified route Calcutta Digha and hence no permit can be granted under section 104 of the Motor Vehicles Act, 1988. The case has a chequered history. It was as far back as in 1987 that the petitioner applied for grant of permit in the route Mazna to Calcutta and since then he had to repeatedly came up before this court as the STA was not granting him permit on that route. He was however granted temporary permit from lime to time and at different times under the orders of this Court on successive occasions. However the th...
M/S. Vega Trading Corporation Vs. Shantilal Rampuria and anr.
Court: Kolkata
Decided on: Feb-16-1998
Reported in: (1998)2CALLT260(HC)
S. Narayan, J.1. After a protracted litigation for over 37 years in two spells the parties have now Joined Issue with regard to identity of the demised premises under section 47 of the Code of Civil Procedure in Miscellaneous Case No. 12 of 1989 arising out of an execution proceeding being Execution case No. 103 of 1990 which relates to Ejectment Suit No. 650 of 1972. After the first phase of litigation between the parties ended with disposal of Ejectment suit No. 103 of 1990, the next one started with Ejectment Suit No. 650 of 1972 which went up to the Supreme Court where the plaintiff/decree-holder was ultimately favoured with a decree of ejectment against the judgment-debtor/petitioner with respect to the demised premises. The judgment-debtor asserted that the decree was incapable of execution for want of proper and specific Identity on the spot.2. Straight-way coming to the legal proposition, I am to extract the provision contained in Order 20 Rule 9 of the CPC which is as follows:...
M/S. Garden Reach Shipbuilders and Engineers Ltd. Vs. Third Industrial ...
Court: Kolkata
Decided on: Feb-13-1998
Reported in: (1998)2CALLT346(HC),[1998(80)FLR955]
D.P. Kundu, J.1. In this writ application, the writ petitioner has. Inter alia, prayed for a writ of mandamus and/or writ tn the nature thereof, commending the respondent No. 1 and/or each one of them to forthwith cancel, set aside, withdraw and rescind the impugned order dated 27.2.96, (annexure 'J' of the writ petition) passed by the 3rd industrial Tribunal, West Bengal. The petitioner also prayed for a writ and/or a writ in the nature of certiorari.2. Admittedly, Shri Mani Gopal De, respondent No. 3, was a workman of the writ petitioner, By virtue of a charge-sheet dated 21.4.84 certain charge were levelled against the workman. The relevant portions from the charge-sheet are quoted hereinbelow.'You are hereby directed to submit your application for the following charge(s) 'within 48 hrs' of the receipt of this Charge Sheet and to show cause why disciplinary action should not be taken against you for the following Major/Misdemeanour. DESCRIPTION OF CHARGES. It has been reported agai...
Chemsilk Commerce Pvt. Ltd. and anr. Vs. the Commissioner of Customs a ...
Court: Kolkata
Decided on: Feb-13-1998
Reported in: 1998(59)ECC467
M.H.S. Ansari, J.1. The matter pertains to Duty Exemption Scheme under Chapter VII of the Export & Import Policy, 1992-97. Under the said Scheme import of raw materials, components required for the product to be exported are permitted duty free for processing. A quantity based Advance Licence for the materials to be imported against it is freely transferable after the export obligation is fulfilled and Guarantee/ LUT is redeemed. The petitioner purchased a licence after it was made transferable from M/s. Enterprise Finance Ltd. who in turn purchased from M/s. Venice Silks who in their turn purchased the same from the original licencee M/s. Annapurna Yarn Fabrics. The petitioner imported goods into the country which arrived at the Calcutta Port on 30th August, 1996 and the petitioner sought for release of the same on the basis of the aforesaid licence claiming exemption of the Import duty on the goods imported by the petitioner. The Custom Authorities, however did not allow the petition...
Ajoy Srivastava and anr. Vs. the State of West Bengal
Court: Kolkata
Decided on: Feb-13-1998
Reported in: 1998(59)ECC470
Dibyendu Bhusan Dutta, J.1. The present two appeals arise out of the conviction and sentence passed on 2.6.92 in S.T. XLIV (7) 91 by the Id. Additional Sessions Judge, Fourth Court, Howrah.2. The prosecution case, in brief, is that on 14.6.88, PW 11 Harisadhan Bhattacharjee, O.C., Narcotic Cell of CID, West Bengal along with PW 6 L.N. Hawladar, Assistant sub-Inspector of Police, Narcotic Cell, CID, West Bengal came to the office of DDI, Howrah and sought their assistance to work out a secret information. Accordingly, PW 3 Matilal Chackraborty, Inspector of Police, DDI, Howrah along with PW 4 B.D. Banerjee, another Inspector of Police attached to DDI, Howrah, PW 8 R. Pal, Sub-Inspector of Police attached to Howrah DDI and watcher constable joined them in conducting a raid in a narrow lane near the premises No. 333 N.S. Road near Kalibabur Bazar within P.S. Howrah at about 5 P.M. On being pointed out by the source, four persons namely Ajoy Srivastava, Sankar Mai, Mangal Bhuia and Suresh ...
Ashoka Acharyya
Court: Kolkata
Decided on: Feb-12-1998
Reported in: (1998)1CALLT442(HC)
R. Bhattacharyya, J 1. Both the petitioner and the respondent have looked their horns with each other to succeed in their respective claims. The claim of the petitioner, according to the learned counsel, is blessed by constitutional flavour deeply embroldred within the broad sweep of Articles 14, 16 and 21 of the Constitution of India. When the class legislation is silent, the question necessarily is posed up as to whether the State meted out different treatment to different individuals. All are equal is the basic concept of Law and the State Is to treat all the individuals with equal treatment. Otherwise, the doctrine of equality and the doctrine of equal treatment shall become a misnomer. 2. In the advent of the administrative circular Issued by the State, a further question crops up as to whether the statute or the Rules can prevail upon the circular and lost its Identity and origin within them. The baste realities and structure of the constitution can never be forgotten in all admi...
Durgaprasad Gupta Vs. Sahadeb Dey and ors.
Court: Kolkata
Decided on: Feb-12-1998
Reported in: (1998)1CALLT447(HC)
R. Bhattacharyya, J. 1. The above Misc. Case is directed against the order passed by his Lordships in Criminal Revision Nos. 89 & 90 of 1994, the Hon'ble Mr. Justice Arun Kumar Dutta dated 16.5.94 'directing the officer-in-charge Jorashanko PS be accordingly, hereby appointed receiver in respect of the aforesaid 5 rooms in question in the disputed premtses. He shall immediately take charge of the said 5 rooms; and shall hereafter make over possession of the same to the party concerned according to orders which may be passed by the City Civil Court in the aforesaid Title Suit No. 971 of 1992 in the light of the observations hereinabove made. Gauged in the background of the totality of the circumstances indicated above such a course also seems to the to be fit and proper for prevention of it (further) possible breach of peace and multiplicity of such like criminal proceedings'. This order 'shall not in any way preclude the petitioner Durgaprasad Gupta from taking steps against the contem...
Bimal Ghosh and ors. Vs. the State
Court: Kolkata
Decided on: Feb-11-1998
Reported in: (1998)1CALLT396(HC)
R. Bhattacharyya, J. 1. This criminal appeal stems out the order of conviction and sentence passed against the accused persons for having committed offences under section 302/34 of the IPC and section 201/34 of the IPC convicting Bimal for Imprisonment of life and both Siprarani and Kalidasi under section 201/34 of the 1PC according to them the benefit of section 360 of the CRPC when this appeal for reversal of the order of conviction and sentence.2. The Hon'ble Justice Sagir Ahmed in Ajit Savant Majaguat v. State of Karnataka 1997 SCC (Crl) 992 spoke for the bench that 'Battle of sexes has always been a battle of wits. Today It is denuded of Its charms. It has degenerated into a war involving physical violence, torture, mental cruelty and murder of the female including partly the wife.'3. When we embark upon to scrutinise the authorship of the crime of the unfortunate story of torture and ill treatment, as alleged on Archana meated out to her which had resulted in her premature death ...
Angsuman Mukherjee Vs. M/S. Shyamalmoy Pal and Co. and ors.
Court: Kolkata
Decided on: Feb-11-1998
Reported in: AIR1998Cal261,(1998)2CALLT92(HC)
B.M. Mitra, J.1. The instant revfslonal application is taken up for hearing on contest being directed against an order dated December 4, 1997 passed by the Second Court of Additional District Judge. Slllguri in Misc.Appeal No. 36 of 1997 confirming Order No. 2 dated September 15, 1997 passed by the Civil Judge, Junior Division, Slllgurl in O.C. Suit No. 200 of 1997. It is not out of context to mention at the outset that the connected suit is for reliefs by way of multiple declarations that the conduct of the defendant No. 3 in settling the tender bid work is illegal and void, a further declaration that the candidature of defendant No. 9 is void as he is a disqualified person as per the documents, for a decree of declaration that the plaintiffs are the only qualified successful bidders as per bid documents and for a perpetual Injunction restraining the defendant Nos. 3 to 9 acting on the basis of decision of defendant Nos. 3, 4, 5 and 10 and for other consequential reliefs. The filing o...
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