Kolkata Court July 1998 Judgments
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Mihir Saha Vs. Smt. Madhuchhandra Saha and ors.
Court: Kolkata
Decided on: Jul-21-1998
Reported in: I(1999)DMC203
Sidheswar Narayan, J.1. This revisional application has been filed for the sole purpose of transfer of the proceeding under Section 125 of the Code of Criminal Procedure being M.R. Case No. 166/96 from the Court of Judicial Magistrate, Balurghat, Dakshin Dinajpur to a Court of competent jurisdiction of some other Districts, namely, Malda, or Barasat, or Krishnanagar or Calcutta.2. The husband-petitioner has come up with a plea that on a particular date on 30.7.1997 when he went to attend the Court at Balurghat, some rowdy elements, engaged by the opposite party-wife, manhandled him but, somehow, the petitioner was however saved. This does not appear to be a valid ground to transfer the proceeding. Be it noted that the opposite party-wife was presently staying with a minor child in her parents' house. That being as such, it would not be desirable to make her to travel to a long distance to attend a Court to some other places.3. For the reasons aforesaid, the revisional application is di...
Sudip Kumar Sinha Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-17-1998
Reported in: (1999)1CALLT30(HC)
G.R. Bhattacharjee, J.1. The petitioner in this writ petition has challenged the order of suspension dated 1.4.97 Issued by the then Lecturer-fn-charge and Acting Secretary, Bhattar College, Dantan, Midnapore, which is annexure-G to the writ petition. I t is the petitioner's case that while serving as a Library Clerk in the concerned College he was permitted by the governing body of that College to pursue the Master of Library & Information Science course at the VIdyasagar University, Mldnapore, and also his duty hours in the College was re-allocated so that he could attend the University classes and also simultaneously render service to the College in the morning and afternoon. I t is further submitted that in due course he completed his Master of Library & Information Science course in 1993. Subsequently, it is submitted, for political reasons the then Lecturer-ln-charge of the College by his Impugned order dated 1.4.97 placed the petitioner under suspension from the service with eff...
The Oriental Insurance Co. Ltd. Vs. Smt. Santosh Devi Goyal and ors.
Court: Kolkata
Decided on: Jul-17-1998
Reported in: 1999ACJ1195,(1998)2CALLT582(HC)
S.B. Slnha, J.1. This appeal is directed against a Judgment and order dated 17th September, 1994 passed by Sri A.K. Bhattacharya, Judge, Motor Accident Claim Tribunal at Allpore in M.A.C. Case No. 315 of 1993 whereby and whereunder the said Tribunal awarded a sum of Rs. 25.000/- towards compensation under section 140 of the Motor Vehicles Act.2. The 1st respondent herein for self and on behalf of her parents-in-lawand three minors children filed an application for grant of compensation arising out of a motor vehicle accident caused by a vehicles bearing registration No, WB-J2-E-O379 which is said to have been insured with the appellant.3. The owner of the said vehicle has not preferred any appeal and thus we are not concerned in this appeal with the quantum of the award made by the learned Tribunal. The fact that an accident had taken place is not denied or disputed. The fact that the claimants-respondents are entitled to file the application is also not denied and disputed.4. The ques...
Singer India Ltd. and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-17-1998
Reported in: [1999(82)FLR504],(1999)ILLJ1009Cal
ORDERRuma Pal, J.1. The respondent No. 3 was dismissed by the petitioner from service on June 9, 1989 with effect from June 16, 1989. By an award dated June 28, 1996, the Tribunal directed the petitioner's reinstatement with full back wages. The award was published on August 7, 1996.2. The writ application which affirmed on March 4 , 1997 was filed on March 5, 1997 for being listed on March 10, 1997. The matter was taken up on July 2, 1997 when the writ petition was adjourned at the instance of both the parties.3. The respondent No. 3 has filed an affidavit in which he had claimed that during this entire period he was employed in a small scale industry of his own in which he has got Rs.1,000/- per month. He has not disputed that the last pay drawn up was 3,850/-.4. No affidavit-in-opposition has been filed disputing the facts stated by the respondent No. 3 by the writ petitioner. The only question raised by the petitioner is that the writ application should not be taken as pending for ...
The Samasing Plantation Industries Limited and anr. Vs. State of West ...
Court: Kolkata
Decided on: Jul-14-1998
Reported in: (1999)1CALLT131(HC),[1999(82)FLR150]
B. Ghosh, J. 1. Appeal No. 470 of 1998 was disposed of by a Judgment dated 6th December, 1991. Subsequently, certain disputes arose in regard to the in terpretation of the said judgment and as such an application was filed for clarification thereof. By a judgment dated 22nd May, 1997 the application for clarification was disposed of.2. Pursuant to the Judgment dated 6th December, 1991 certain bank guarantees were obtained by Samslng Plantation in dustries Limited from Allahabad Bank, which bank guarantees were furnished in favour of the Commissioner of Commercial Taxes, West Bengal. Dispute arose in relation to enforceability of the said bank guarantees. Those disputes were set at rest by the Judgment dated 22nd May, 1997. In that Judgment the mode and method of invoking the said bank guarantees had been provided.3. By filing T 623 of 1998 the Samslng Plantation in dustries Limited brought on record that tt owns and manages one of the largest Tea Estates in the State of West Bengal, si...
Anima Paul Vs. National Insurance Co. Ltd.
Court: Kolkata
Decided on: Jul-14-1998
Reported in: II(1998)ACC374,1999ACJ1495
B. Bhattacharya, J.1. Let affidavit of service on behalf of the petitioner filed in court today be kept with the records.2. This application under Article 227 of the Constitution of India is at the instance of a claimant in a proceeding under Motor Vehicles Act and is directed against Order No. 54 dated 23.9.1996 passed by the learned Judge, Motor Accidents Claims Tribunal pertaining to M.A.C. Case No. 66 of 1995 (35 of 1990 and 469 of 1989).3. It appears that the claim of compensation filed by the petitioner was allowed by the learned Tribunal by its judgment dated 11.1.1996. The ordering portion is quoted hereunder:The O.P. No. 3 New India Assurance Co. Ltd., 173 G.T. Road, P.O. Asansol, Distt. Burdwan, insurer for the Ambassador car No. WBJ 2897 and O.P. No. 4 National Insurance Co. Ltd., P.O. Barakar, Distt. Burdwan (insurer of truck No. WMH 4393) are hereby directed, for and on behalf of O.P. Nos. 1 and 2, to pay off the respective equal liability awarded amount, i.e., Rs. 40,500....
Burn Standard Co. Ltd. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Jul-14-1998
Reported in: 1998(104)ELT626(Cal)
ORDER1. There will be an order in terms of prayer (a).2. With the consent of the parties the appeal is treated as on day's list and the appeal and the application for stay are disposed of together.3. In the appeal filed under the Central Excise Act, 1944 by appellant before the Respondent No. 4, an application was made under Section 35F of the Act for waiver of the pre-deposit and the amount of duty and penalty etc. The Respondent No. 4 passed an order on 24-10-1997 whereby, in exercise of the power under Section 35F of the Act directed the appellants to pay an amount of Rs. 50 lacs within a period of three months from the date of passing of the order. Aggrieved the appellants came up to this Court by filing Writ Application under Article 226 of the Constitution of India. The learned Single Judge vide his judgment dated 26th March, 1998 refused to interfere with the aforesaid order of the Respondent No. 4 but extended the period by further three months to make the deposit of Rs. 50 lac...
Kalyan Kumar Das Vs. the State of West Bengal
Court: Kolkata
Decided on: Jul-13-1998
Reported in: (1998)2CALLT163(HC),1998(2)CHN136
V.K. Gupta, J. 1, This reference shall endeavour to examine the true Import and scope of the State amendment carried out tn respect of section 167(5) of the Code of Criminal Procedure. 1973 (hereinafter Code, for short). Section 167(5) of the parent Code read as under:--'If in any case triable by a Magistrate as a summons-case, the investigation is not concluded within a period of six months from the date on which the accused was arrested, the Magistrate shall make an order stopping further Investigation into the offence unless the officer making the Investigation satisfies the Magistrate that or special reasons and in the Interests of justice the continuation of the investigation beyond the period of six months is necessary.'2. By the Code of Criminal Procedure (West Bengal Amendment) Act 1986, which came into force with effect from 2nd May, 1989, sub-section (5) of section 167 of the Code was substituted by way of the aforesaid State amendment for the State of West Bengal. The substi...
Sailesh Jaiswal Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-13-1998
Reported in: 1998(2)ALD(Cri)924,(1998)2CALLT423(HC),1998(2)CHN81
B. Panigrahi, J. 1. In this reference, a Division Bench of this court wanted specific observation as to whether section 438 of the Code of Criminal Procedure 1973 (hereinafter referred to as code) empowers to grant anticipatory bail by any High Court or Court of Sessions within the country irrespective of the place of commission of an offence. Subsequently, a batch of application under section 438 of the Code had been filed for grant of anticipatory ball. Therefore, all these matters were taken up together for consideration since they raised a common question of law looking to different views taken by this High Court in two Division Bench Judgments and also by a Full Bench Judgment of the Patna High Court. Therefore, they referred to a larger Bench since the view of the Hon'ble Judges was not uniform.2. The factual matrix giving rise to the application for anticipatory ball in C.R.M. 152 of 1998 deserves brief narration.3. The petitioner herein is a business man in an Iron Factory havi...
Dr. Suniti Ranjan Roy Chowdhury Vs. West Bengal College Service Commis ...
Court: Kolkata
Decided on: Jul-10-1998
Reported in: (1998)2CALLT572(HC)
ORDERS.B. Sinha, J.1. This appeal Jis directed against a judgment and order dated 24.4.1998 passed by a learned single Judge of this court in W.P. No.26818 (W) of 1997 whereby and where under the said writ application was dismissed. The basic fact of the matter is not in dispute. The writ petitioner/ appellant was a Reader and Head of the Department of Charuchandra College (Evening). He attained the age of superannuration on 30th July, 1994. It is not disputed that in terms of the recommendation made by the University Grant Commission, the Secretary of the Education Department issued a letter to the Registrar of the University, in terms whereof a policy decision was evolved to grant re-employment to the eligible teachers upto the age of 65 years. Such period of re-employment would be initially for a period of two years and subsequently for a period of one year or less. On 24.2.94, that is, much prior to attaining his age of superannuation the appellant filed an application for re-emplo...
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