Kolkata Court May 1998 Judgments
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Sri Debasis Dutta Vs. State of West Bengal
Court: Kolkata
Decided on: May-13-1998
Reported in: (1998)2CALLT398(HC),1998(1)CHN544
S.B. Sinha, J.1. These writ applications have been referred to a larger bench by Samaresh Banerjea, J by an order dated 19th September, 1997 as his Lordship was of the opinion that the decision of the Supreme Court in Exctsc Superintendent, Matkapatnam, Krishna District, A.P v. K.B.N. Visweshwara Roo & Ore. reported in 1996(3) SCC 216 and also a Division Bench judgment of this court in M.A. No. 433 of 1997 (since reported in 1997(2) CLJ 428) cannot have any application in the facts and circumstances of the present case in view of the decision of the apex court in Union of india v. N. Hargopal & Ors. reported in : (1987)ILLJ545SC , According to the learned judge although Hargopal (supra) has been noticed in Excise Superintendent, the same has not been overruled. The learned Judge wasalso of the view that in Excise Superintendent (supra) Their Lordships have not decided the question as to what would be the position where in a particular case the Recruitment Rules Itself provides that suc...
Miss Gouri Rani Pahari Vs. Basudevpur Girl's High School represented b ...
Court: Kolkata
Decided on: May-13-1998
Reported in: (1998)2CALLT530(HC)
D.P. Sarkar-II, J 1. This Second Appeal is directed against the Judgment and Decree passed by the Assistant District Judge, 2nd Count, Contal in Title Appeal No. 30/1992 on 20.7.1992 affirming thereby the decision dated 9.1.92 passed by the Munslf, 2nd Court. Contal in Title Suit No. 30/1990.2. The facts leading to this appeal are, in short, as follows :--3. That the present appellant was a candidate for the post of an Assistant teacher in Basudevpur Girls' High School. The Interview took place on 17.4.1988 and the appellant was placed In the third position in the panel. But she made a complaint to the District- Inspector of Schools against the Interview Board for not allotting marks strictly according to the recruitment rules. The District Inspector of schools made an Inquiry through the Assistant Inspector of Schools and on the basis of the report of Inquiry cancelled the panel prepared on the basis of Interview taken on 17.4.88 and directed fresh marking according to the recruitment...
Dukhi Shyam Benupani, Assistant Director, Enforcement Directorate, For ...
Court: Kolkata
Decided on: May-13-1998
Reported in: 1998(2)ALD(Cri)900,1998(61)ECC17
P.S. Mishra, C.J.1. Could in exercise of revisional power under Section 397 of the Code of Criminal Procedure, a Single Judge of the Court interfere with the order of the Chief Judge. City Sessions Court at Calcutta who acted in obedience to the direction of a Division Bench of the Court and decided afresh the application of the opposite party for bail in a case allegedly falling under Section 35 of the Foreign Exchange Regulation Act, 1973 on the accusation of contravention of the provision of Sections 8(1), 9(1)(b), 9(1)(d), 16(1)(a)(b), 18(2) and 18(3) read with Section 68 of the said Act?2. The fact of the matter lies in a very narrow compass. The opposite party was arrested on 25.5.96 for the aforementioned offences allegedly committed by him involving about Rs. 53 crores during the period March to October, 1995. He was remanded to custody by the Chief Metropolitan Magistrate, Calcutta by the order dated 26th May, 1996. He filed an application for bail in terms of Sub-section (1) ...
Sona Ghosh (In Jail) and Three ors. Vs. the State of West Bengal
Court: Kolkata
Decided on: May-12-1998
Reported in: (1998)3CALLT450(HC)
K.J. Sengupta, J. 1. In this appeal the appellants/accused have challenged the judgment and sentence of a convinction passed by the learned Additional , Session Judge, 3rd Court, Krishnanagar, Nadia in Sessions Trial No. V of 1988 arising out of Krishnanagar Police Station case No. 5 dated 15th December. 1983 (G.R. Case No. 2678/83). The appellant No. 1 by the judgment and sentence of the learned Trial Judge has been awarded with life sentence under section 302 of the I.P.C. and further to pay a fine of Rs. 2000 and in default to undergo rigorous imprisonment for further period of six months. Sudhir Ghosh being the appellant No. 3, Mallick Ghosh being the appellant No. 2 have been awarded with rigorous imprisonment for three years under section 324 of the I.P.C. The appellant No. 3, viz, Sudhir Ghosh, appellant No. 2. viz., Mallick Ghosh and appellant No. 4, viz.. Ajoy Halder were awarded with rigorous imprisonment for one year under section 323 of the I.P.C. Both the said sentences un...
Commissioner of Police Vs. Dwarike Prosad Gupta
Court: Kolkata
Decided on: May-11-1998
Reported in: (1998)2CALLT141(HC)
S.K. Mookherjee, J. 1. The present appeal is at the Instance of Commissioner of Police, Calcutta and is directed against the Judgment and order dated 17th June, 1997, passed by a learned single Judge, in writ petition No. 171 of 1997. The learned trial Judge by the said order disposed of the writ application, Inter alia directing the present appellant to hand over vacant possession of the premises in question namely 4/H/1, Shew Prasad Street, Calcutta, within one week from the date of the order. The prayer of the writ petitioner/respondent No. 1, in the present for damages for wrongful occupation after the order of derequisition had, however, been left open and the said writ petitioner/respondent No. 1, had been given opportunity to claim such damages in a properly framed suit.2. Undisputed facts are that the writ petitioner is the owner of the said premises which was requisitioned under the provisions of West BengalPremises Requisition and Control (Temporary Provisions Act, 1947) (her...
P.K.V. Nair Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-11-1998
Reported in: (1998)2CALLT69(HC)
1. The Court: The application was made by the petitioner to seek a direction upon the learned Arbitrator to correct the cause title in the Award and for further necessary directions in connection thereto after passing the decree. Since a decree was passed in terms of the award on 17th November. 1997, initially this court was pleased to direct the petitioner to serve a notice upon the respondent and when, in turn, the respondent appeared, directions for affidavits were given.2. Ultimately the respondent neither filed affidavit nor opposed the prayers made in the application. As a result, whereof this court was pleased to pass the order upon observing that leave to make necessary corrections is mere formality.3. Subsequently Mr. Debastsh Kundu, learned counsel appeared for the respondents raised a point that the award cannot be filed before the single Bench of this court since originally the Arbitrator was appointed by an order of Division Bench of this court.4. Under such circumstances,...
Subodh Kumar Dutta Vs. State of West Bengal
Court: Kolkata
Decided on: May-11-1998
Reported in: (1998)3CALLT41(HC)
S. Narayan, J. 1. This revisional petition has been filed under sections 401 and 402 of the Code of Criminal Procedure for quashing of the proceeding in Special Case No. 1 of 1988 arising out of CBI: ACB:Calcutta Branch being Crime No. RC. 84/87-Calcutta dated 28.11.1987 under section 161 of theIndian Penal Code pending before learned 2nd Special Judge. Alipore, 24-Farganas (South). It was earlier heard by this court (with A.B.Mukherjec, J.) and was disposed of by the Order dated 22.12,95 with a direction that the pending proceeding against the petitioner be quashed. As against this order, the Central Bureau of investigation, (hereinafter referred to as the CBIJ preferred an appeal before the Supreme Court, which was numbered as Criminal Appeal No. 46 of 1997 (arising out of SLP (Crl( No. 1364 of 1996), By an order dated January 17. 1997 the Supreme Court accepted the appeal, set aside the order of this court and remanded the mailer for deciding the instant revisional petition afresh o...
Jolly Begum and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-11-1998
Reported in: (1998)3CALLT51(HC)
S.B. Sinha, J. 1. Although initially this appeal was preferred against an order dated 26.3.98 passed by a learned single Judge of this court, keeping in view the points involved and as suggested by the learned counsel for the parties, we heard the writ application itself.2. The writ petitioners who are three in numbers filed a writ application questioning an order dated 7th October, 1997 passed by the Commissioner of Calcutta Municipal Corporation as contained in Annexure 'A' to the writ application.3. The fact giving rise to the said application is as follows:-4. A dispute had arisen as regard the right, title and interest, the extent of the said right involving three premises being premises Nos. 83/1, 84/13, and 94/3 situated at Topsia Road (South) between the petitioners and the private respondents. The respondents No. 6 to 9 claimed right, title and interest in respect of premises No. 84/3, whereas the respondent No. 7 Shyamat Kumar Banerjee claims right, title and interest in resp...
Shyam Kunj Occupants' Society Vs. Co-operative Society and Building Wo ...
Court: Kolkata
Decided on: May-11-1998
Reported in: [1999(82)FLR595],(2001)IIILLJ430Cal
P.K. Samanta, J.1. The applicability of Section 2(j) of the Industrial Disputes Act, 1947 in respect of a Flat Owner's Society in a building or in other words the employees engaged by such society namely electrician, durwan, liftman, sweeper etc. for providing services to the flat owners are whether workmen under the said society within the ambit of the said Act are the questions raised in this writ petition.2. The Respondent No. 1 is the Co-operative Society Building Worker's Union. The Respondent Nos. 2 to 7 are the employees under the petitioner/society which is a society registered under Societies Registration Act formed by the occupants of premises No. 12-B Lord Sinha Road, Calcutta - 700 071. The Respondent No. 7 is the tribunal which made the impugned award dated July 31, 1987 in case No. VIII-289/1983 upon reference of the Dispute by the State of West Bengal under Section 10 of the said Act. The State of the West Bengal is the Respondent No. 8.3. There is no dispute that the re...
Ziaul Islam with 202 ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-05-1998
Reported in: (1999)1CALLT509(HC)
S. B. Sinha, J.1. Several writ applications were referred to the Division Bench on the question as to whether the decision in Excise Superintendent, Malkapatnam, Krishna Dlslrlct, A.P. v. K.B.N. Vtsheshwara ROD & Ore. reported in : (1997)ILLJ56SC ,-would apply to a case where the recruitments of teaching and non teaching staff are governed by the statutory rules.2. The matter was referred also to Division Bench in view of the fact that several Benches had been passing Inconsistent orders relying on or on the basis of decision in Excise Superintendent, Malkapatnam, Krishna District. A.P. v. K.B.N. Visweshwara Rao and Qrs. reported in : (1997)ILLJ56SC .3. Several appeals have also been filed by different Ad-hoc Committee of the District Primary Schools Councils questioning orders passed by learned single Judges of this court whereby and whereunder different orders as noticed hereinbefore have been passed.4. In order to consider the matter in its proper perspective it is not necessary to ...
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