Kolkata Court October 1999 Judgments
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Ranjit Das Vs. State of West Bengal
Court: Kolkata
Decided on: Oct-08-1999
Reported in: 2000CriLJ1241
Gitesh Ranjan Bhattacharjee, J.1. This criminal appeal is directed against the judgment and orders of conviction and sentence passed by the Addl. Sessions Judge, 2nd Court, Nadia in sessions trial No. 1 of July, 1998. The appellant was tried by the trial Court on a charge framed under Section 302, IPC but on trial the trial Court convicted the appellant-accused under Section 304, Part I, IPC for causing the death of Narugopal Biswas and sentenced him to rigorous imprisonment for 9 years and also a fine of Rs. 2,000/- i.d. to R.I. for six months. Being aggrieved by the orders of conviction and sentence passed by the trial Court the appellant-accused has preferred the present appeal.2. The prosecution case in short is that on 18th June, 1993 at about 6 p.m. the accused Ranjit Das hit the victim Narugopal Biswas on his head with a wooden pole as a result of which Narugopal sustained injury and was admitted to hospital on that very day and ultimately he succummbed to his injury at the hosp...
Badal Chandra Jana and ors. Vs. District Inspector of Schools (Se) Mid ...
Court: Kolkata
Decided on: Oct-07-1999
Reported in: (2000)2CALLT29(HC)
S.B. Sinha, ACJ.1. This appeal is directed against the order dated 22.4.99 passed by a learned single Judge of this Court whereby and whereunder the writ application filed by the appellants herein was disposed of with the following direction: 'Here the case lies that the Secretary did not participate in interview as a result whereof the writ petition falls. There will be no order as to costs. However, the District Inspector of Schools (SE) Midnapore will consider the panel in accordance with law and will give a decision in this respect within four weeks from the date of communication of this order, if necessary, by giving an opportunity of hearing to the parties including the petitioners and by passing a reasoned order thereof.' 2. The State of West Bengal enacted West Bengal Secondary Education Act, 1963. Pursuant to or in furtherance of the Power conferred upon it in terms of section 45 of the said Act, the State also framed under the Act the Rules for Management of Recognised Non-Go...
Colonel R.S. Upadhyay Vs. the Union of India and ors.
Court: Kolkata
Decided on: Oct-06-1999
Reported in: (2000)1CALLT563(HC)
R. Pal, J. 1. This appeal has been preferred from a Judgment and order dated 4th August 1999/20th August 1999 dismissing the petitioner's writ application. The subject matter of challenge in the writ petition is the reversion of the petitioner from the Director General of Quality Assurance to the Army and the attachment of the petitioner to an Army Unit. Initially an interim order was granted. After the filing of affidavits the writ application was dismissed and the Interim order vacated by the order under appeal. The learned Single Judge has gone Into the matter elaborately. The question is whether the court should stay the operation of the order under appeal until the disposal of the appeal.2. The petitioner Joined the Army in September 1970. In May 1993 when the petitioner was a Lt. Colonel he was appointed as Quality Assurance Officer at the Senior Quality Assurance Establishment (SQAE) of the Directorate General of Quality Assurance (DGQA) under the Department of Defence Productio...
Euro GraIn Limited and anr. Vs. Commercial Tax Officer and ors.
Court: Kolkata
Decided on: Oct-06-1999
Reported in: [2004]134STC135(Cal)
1. The petitioners imported sugar and pulses. Prior to the arrival of the consignment, the petitioners applied in the appropriate form for issuance of 20 way-bills covering cargo of 14,000 metric tons of sugar. The respondent 'No. 1 directed the petitioners to appear before him with the relevant documents. The petitioners claim to have appeared before the respondents but the respondents did not issue the way-bills as claimed by the petitioners. The petitioners challenged the action of the respondent No. 1 before the Tribunal. The respondent No. 1 contended that the application of the petitioners had been rejected because the requirement was not bona fide or reasonable.2. By an order dated September 20, 1999, the Tribunal directed the respondent No. 1 to reconsider the matter after giving the petitioners an opportunity of being heard. The respondent No. 1 was directed to pass a reasoned order. The petitioners duly appeared before the respondent again. The respondent No. 1 passed an orde...
The University of Calcutta and ors. Vs. Sk. Monir and ors.
Court: Kolkata
Decided on: Oct-05-1999
Reported in: (2000)1CALLT205(HC),2000(1)CHN375
S.N. Bhattacharjee, J.1. This appeal arises out of an order dated 21.5.97 passed by a learned single Judge of this court In matter No. 2516 of 1994 whereby the writ petition was allowed by issuing following directions :-'Taking the broad principle from Gopa Chakraborty's case. I direct the University authorities to take average marks of all the papers and award the differential marks against paper No. 6 In case the petitioner gains some more marks In paper No. I and paper No. 6, The University authority shall take Into consideration of such addition of marks and announce the result within a period of 4 weeks from the date of communication of this judgment, and communicate the same to the petitioner.'2. The petitioner was unsuccessful In M.A. Examination as a private candidate for Ancient History and Culture held In the year 1988. A few days after the publication of the result in the month of April, 1989, petitioner obtained mark-sheet and found that he obtained a total marks 317 as aga...
Sri Shyamlal Agarwalla Vs. Sri Ashim Burman and anr.
Court: Kolkata
Decided on: Oct-05-1999
Reported in: (2000)1CALLT503(HC)
V.K. Gupta, J.1. We are being called upon to deal with a peculiar case wherein the alleged obligation of the appellant to pay consolidated rate of tax in terms of section 170 read with section 193 and other provisions contained in Chapter XII of the Calcutta Municipal Corporation Act, 1980 (hereinafter to be referred to as the Act) is the subject matter of a dispute between the parties. This appeal is directed against the order dated 30th October, 1998 passed by the IXth Bench of the learned City Civil Court at Calcutta whereby the application filed by the appellant under Order 39 Rules 1 and 2 read with section 151 of the Code of Civil Procedure for grant of temporary Injunction was disallowed by the learned court below and accordingly the prayer of the appellant for Injunction was refused.2. The appellant had filed the aforesaid application for temporary Injunction in a civil suit wherein he had challenged the power, right, authority and Jurisdiction of the respondents in levying and...
Shri Tapan Sikdar Vs. the Chairman of the Election Commission
Court: Kolkata
Decided on: Oct-05-1999
Reported in: (2000)2CALLT439(HC)
The Court 1. This writ petition is made challenging the change of venue of the counting centre from Salt Lake Stadium to Derogeo College atRajarhat.2. In the writ petition the petitioner annexed various representationsmade to the Chief Electoral Officer as well as the Chief Election Commissioner regarding the protest against abrupt change of counting venue from Salt Lake Stadium to Derogeo College, Rajarhat.3. After so many representations on 23rd September, 1999 being the annexure-E to the petition, the Officer on Special Duty and Joint Secretary, from the Office of the Chief Electoral Officer, West Bengal, Writers' Buildings, Calcutta informed the petitioner being candidate of the Parliamentary Constituency from a political party which as follows :--'With reference to your letter No. BJP/99-101 dated 21.9.99 requesting for change of venue for counting of votes from Derogeo College, Rejarhat to Salt Lake Stadium, I am directed to inform you that the Election Commission of India has al...
Milan Panja Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Oct-05-1999
Reported in: 2000CriLJ2028
ORDERBarin Ghosh, J.1. No affidavit-opposition has been filed to this writ petition. Submissions were made on behalf of the respondents. The matter was heard from time to time and ultimately the judgment was reserved.2. It appears on 31st Oct. 1998 Sri Amar Roy Choudhury, Sub-Inspector of Police, D.E.B. Burdwan intercepted a truck, bearing registration No. WBO 8603, loaded with 150 bags of paddy, each bag containing 60 Kilograms of paddy, having a total quantity of 90 quintals of paddy, it is not disputed, belonging to the petitioner, at a distance of one kilometer from Burdwan while the same was on its way to Pally Mongal Rice Mill, whereupon the Truck as well as the paddy loaded on the truck were seized and the Driver of the truck was arrested. Thereafter, a First Information Report was filed by the said Sub-Inspector of Police, the text whereof is as follows :-In producing herewith accd. Samir Kumar Paul son of Shree Banamali Paul driver of truck No. WBQ 8603 of Madhyamgram P.S. Mon...
S.N. Bhattacharya Vs. Calcutta Improvement Trust and ors.
Court: Kolkata
Decided on: Oct-01-1999
Reported in: [2000(85)FLR511],(2000)IILLJ541Cal
V.K. Gupta and D.P. Kundu, JJ.1. This appeal can be disposed of on a very short point.The appellant at the relevant time was an employee of the Calcutta Improvement Trust. He admittedly retired from the service of the Trust on January 31, 1994. On June 2, 1997 an office order was issued by the Calcutta Improvement Trust, respondent 1 in this appeal whereby a charge-sheet was served upon the appellant. This office order was accompanied by the copy of the charge-sheet, Annexure 1 being article of the charge- sheet, Annexure 2 being Statement of Imputations, Annexure 3 being list of witnesses and Annexure 4 being the memo of evidence. The appellant challenged the initiation of disciplinary proceedings through the aforesaid charge-sheet issued under Article 226 of the Constitution of India by filing a writ application in this Court but the appellant's contentions before the learned single Judge failed who vide judgment dated April 13, 1998, dismissed the Writ application. It is against thi...
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