Kolkata Court August 1998 Judgments
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Smt. Bijoya Das Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-27-1998
Reported in: (1999)1CALLT235(HC)
M.H.S. Ansari, J.1. The brief facts leading to the filing of the above writ petition are that;(2) The petitioner is a student of City College of Commerce in B.Com course under the University of Calcutta. The petitioner appeared in B.Com (Part-I Hons.) Examination conducted by the University of Calcutta in the year 1997. The petitioner was not amongst the successful candidates, when the results were declared and has been awarded poor marks in the Honours subjects as under;(i) Paper--I(ABEH) : 21 out of 100 total marks.(ii) Paper--II(ACCH) : 27 out of 100 total marks.(iii) Paper---III(CTXH) : 34 out of 100 total marks.The petitioner was awarded an aggregate of 122 marks in the group-Ill and based thereon, the petitioner was declared to be passed in B. Com. Part-I examination without any honours and without any division.3. The petitioner has questioned the vires of the Revised Rules for re-examination of answer scripts of BA/B.Sc./B.Com. examinations which was published by University vide...
N.K. Chakrabarty, Ias (Retd), President, Exeuctive Committee and ors. ...
Court: Kolkata
Decided on: Aug-26-1998
Reported in: (1999)1CALLT42(HC)
1. In this appeal we are concerned only with two questions of law, one relating to the territorial jurisdiction of this court and the other about the maintainability of the writ application against the respondent, Council for the Indian School Certificate Examination (Council, for short). It appears that the C.F. Andrews Educational Society had started a School by the name of C.F. Andrews Memorial School at Raghunathpore, Jhargram, in the district of Midnapore, W.B. In the year 1980. The Government of West Bengal had issued a 'No objection' Certificate In favour of the School in the year 1992 and the Council had issued a certificate of provisional affiliation on 28.9.94 which was valid up till 31.3.1998. After the expiry of the aforesaid provisional affiliation the Council refused to accord regular affiliation to the School and, accordingly, a communication was Issued on 13.1.1998 by the Council addressed to the Principal of the School wherein certain deficiencies and short-comings in ...
Sbisa Co-operative Bank Ltd. Vs. Tarun Kumar Saha and ors.
Court: Kolkata
Decided on: Aug-26-1998
Reported in: (1999)1CALLT149(HC)
ORDERS.B. Sinha, J1. The appellant-book being aggrieved by and dissatisfied with a judgment and order dated 20.4.98 passed by a learned single Judge of this court in C.O. No. 6459(W)/91 & C.O. No. 19069(W)/92 allowing the writ application filed by the petitioners, has preferred this appeal.2. Bereft of unnecessary details, the fact of the matter is as follows :--The Board of Directors of the appellant-bank decided on 24.11.98 to open a branch at 4/1 Bhabanath Sen Street. Calcutta (hereinafter referred to as 'Shyambasar Branch') and a head clerk In-charge of the new branch was appointed. On 6.7.88 the Reserve Bank of India asked the Chairman of the bank of close down the said office as no permission therefor was granted as was required under section 23 of the Banking Regulation Act, 1949. A similar notice was Issued on 11.1.88. On 31.10.88 interviews were held for recruiting the petitioner Nos. 3 to 5 for the purpose of appointment of Clerk-cum-Cashier and they were appointed on 16.12.8...
Prahallad Chandra Das Vs. Nikhilesh Das and ors.
Court: Kolkata
Decided on: Aug-26-1998
Reported in: (1999)1CALLT98(HC)
B. Panigrahi, J. 1. The Wrft petitioner has filed an application under the contempt of courts Act, 1971 read with under Article 215 of the Constitution of India against the respondents for taking appropriate acllon of their wilful. deliberate and contumacious act and/or violation of the order dated 6th June, 1996 passed by the Division Bench of the court in P.M.A.T. No. 499 of 1994.2. The writ petitioner was appointed as Headmaster of Bhanderberia Debendra High School with effect from 16th February. 1961 which was approved by the Director of Public Instruction, Government of West Bengal vide order dated 6th September, 1965 with effect from the above mentioned date. Petitioner allegedly made certain complaints against high-handed, arbitrary and illegal action of the then secretary of the school.3. Therefore, the Secretary along with his other supporters is said to have Gheraoed the petitioner on 1.12.1988 in his Office Room of the School and demanded the petitioner to tender resignation...
Sri Dilip Kumar Adak and ors. Vs. Sri Amal Sarkar
Court: Kolkata
Decided on: Aug-26-1998
Reported in: 1998CriLJ4394
Basudeva Panigrahi, J.1. This is an application filed under Article 215 of the Constitution of India for alleged willful, deliberate, intentional and contumacious act of the respondent for disregarding/disobeying the order passed by this Court on 9th April, 1997.2. The petitioners have, inter alia, alleged that the Division Bench of this Court passed an order on 9th April 1997 in W.P. 1353 (W) of 1997 by issuing a writ of Mandamus directing the respondent to issue appointment to the petitioners as primary teacher within the district of Howrah. They further, alleged that they were the candidates for the post of Assistant Teacher for trained as well as untrained posts and were directed to appear for viva-voce test on 16-8-1993 and 3-8-1993 respectively and were selected in the said interivew. They were placed in the panel prepared in the year 1993 above the other candidates some of them were appointed subsequently but somehow they did not get any appointment. They, therefore, filed the a...
Md. Sirajul Haque Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-21-1998
Reported in: (1999)1CALLT59(HC)
S.B. Sinha, J.1. This application is directed against an order dated 20.8.96 as contained in annexure 'H' to the writ application, whereby and whereunder the West Bengal Board of Madrasah Education rejected the petitioner's application for upgradatlon of Madrasah.2. The Madrasah in question is an old one. As far back in the year 1984, It filed an application for upgradatlon of the said Madrasah. From a perusal of the inspection report as contlaned in annexure 'C' to the writ application, it appears that recommendation had been made in favour of such recognition stating:'The school has got quite a thick enrolment and the staff is adequately qualified. The institution is free from objection i.e. surroundings.Examined the school documents and its accounts. The maintenance of accounts need be more well-kept.' From a perusal of the said inspection report, it appears that the said Madrasah fulfils the conditions for such recognition. However, as despite the same no step had been taken by the...
Ram Chandra Basu Vs. Aparna Sarkar
Court: Kolkata
Decided on: Aug-21-1998
Reported in: (1999)1CALLT367(HC)
D. B. Dutta, J. 1. The present application under Article 227 of the Constitution of India is directed against the order dated 6.9.95 passed by the Rent Controller in R. Case No. 1 of 1993 under section 29B of the West Bengal Premises Tenancy Act directing the petitioner to quit and deliver vacant possession of the premises appertaining to holding No. 19 Bhaduri Para, Kalna.2. The opposite party filed the application under section 29B of the West Bengal Premises Tenancy Act in February 1993 for eviction of the petitioneron the ground of her own reasonable requirement as specified in clause (ff) of sub section (1) of section 13 of the Act alleging that the petitioner was a tenant under her in respect of the concerned premises and that she is a Government servant due to retire from service on 30th June, 1993 and was required by law to vacate the Government accommodation on that date and that she was not possessed of reasonably suitable accommodation elsewhere.3. The petitioner was allowed...
Keya Ghosh Vs. Union of India and ors.
Court: Kolkata
Decided on: Aug-20-1998
Reported in: (1999)1CALLT127(HC)
S.B. Sinha, J. 1. The petitioner in this application has, inter alia. prayed for Issuance of writ of or in the nature of Mandamus directing the respondents to withdraw the demand of additional security deposit of Rs. 13,599/- in terms of annexure 'B' to the writ application and to review the same in terms of agreement dated 8th Febuary, 1993 as contained in annexure 'A' to the writ application. The petitioner applied for and was granted installation of a pay phone with STD and ISD facilities. For the aforementioned purpose, the parties entered into the aforementioned agreement dated 8th February, 1993, relevant clauses thereof read thus :-'7. The operating agency will pay a refundable non-Interest bearing security deposit to cover six months* minimum guarantee amount initially to be adjusted to three months' average revenue for each payphone. This could be either in cash or as bank guarantee. The refund of the security deposit would be made when a payphone is closed after adjusting any...
Commissioner of Income-tax Vs. Sri Krishna Vir Singh, Executor to the ...
Court: Kolkata
Decided on: Aug-20-1998
Reported in: [1998]234ITR246(Cal)
1. To understand the question sought to be got referred some brief facts are necessary. The land in question at Gurusaday Dutt Road belonged toone Farooque, who died in April, 1984. His wealth-tax assessment for the accounting year ending March 31, 1984, accepted at that time the valuation of the house and land at Rs. 18 lakhs and odd.2. While Farooque was alive the land had been sought to be acquired and Farooque had made a claim to the authorities for compensation upwards of Rs. 60 lakhs.3. Ultimately, however, after issuance of advertisements inviting objections, the possession of the land was taken and, therefore, vesting occurred, as late as in 1987.4. The awarded compensation as on that basis came to about Rs. 59 lakhs which included Rs. 9 lakhs and odd as solatium and about Rs. 18 lakhs and half by way of interest.5. The questions framed before us arise out of this contention, that if the land and building ultimately fetched in 1987 nearly Rs. 59 lakhs by way of compensation, sh...
Smt. Bhola Debi Saroj Alias Bhulia Vs. State
Court: Kolkata
Decided on: Aug-20-1998
Reported in: 1999CriLJ392
Gitesh Ranjan Bhattacharjee, J.1. The appellant prays for bail pending disposal of the appeal preferred by her against the conviction and sentence awarded by the trial Court. The trial Court has by its order dt. 26-2-97, sentenced the appellant to rigorous imprisonment for ten years and also to a fine of Rs. 1,00,000/~, in default to R.I. for two years more for her conviction under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The learned Additional Public Prosecutor however submits inter alia that in view of Section 32A of the NDPS Act the sentence imposed upon the appellant cannot be suspended and therefore she cannot be enlarged on bail now. This proposition is however opposed by the learned Advocate for the appellant. Let us now examine the legal position in this respect.2. Section 32A and Section 33 of the NDPS-Act are set out below :-32A. No suspension, remission or commutation in any sentence awarded under this Act:Notwithstanding anything contained in ...
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