Kolkata Court February 1999 Judgments
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Kumari Amina Khatun Vs. Union of India and ors.
Court: Kolkata
Decided on: Feb-10-1999
Reported in: (1999)2CALLT53(HC),1999(1)CHN337,1999LabIC1479
A. Kabir, J.1. With effect from 1st October, 1994, the petitioner was appointed as Laboratory Technician by the Central Council For Research in Unani Medicine (C.C.R.U.M.) In Its Regional Research Institute of Unani Medicine at Calcutta, on a temporary basis on probation for a period of two years which could be extended or curtailed at the discretion of the appointing authority. In the letter offering such appointment to the petitioner it was also stipulated that during the period of probation the petitioner's appointment could be terminated at any time without notice and without assigning any reason. It was further indicated that the petitioner would be governed by the provisions of the Central Civil Service (Conduct) Rules and the Central Service (Classification. Control and Appeal) Rules, as amended from time to time by the Government of India.2. It is the petitioner's grievance that while all the staff and officers of the Calcutta Unit of the C.C.R.U.M. have been duly paid their sa...
Hindustan Copper Ltd. Vs. Rana Builders Ltd.
Court: Kolkata
Decided on: Feb-09-1999
Reported in: AIR1999Cal229,(1999)2CALLT95(HC),[2001]103CompCas702(Cal)
M.H.S. Ansari. J. 1. The appellant herein was the respondent in an application being A.P. No.8 of 1998 filed by the respondent herein under section 9 of the Arbitration and Conciliation Act, 1996 praying for an injunction restraining the respondent therein (appellant herein) from giving any effect to its letters of invocation of the bank guarantee No. 49/252 for Rs. 1.38 crores or 49/263 for Rs. 1.93 crores that were furnished by the bank of Baroda, Sayajigunj Branch.2. The above appeal is directed against the order of learned single judge dated 4th May, 1998 whereby the appellant was directed to return the two bank drafts dated 8th January, 1998 to the bank for cancellation and the Branch Manager, Sayajigunj Branch of the Bank was directed to invest the amounts thereof in a separate fixed deposit account free from any lien and keep the same renewed until further orders of the court. The said fixed deposit account, it was directed, shall lie to the credit of the arbitration proceedings...
Uma Shankar Verma Vs. Commissioner of Cus. (Preventive)
Court: Kolkata
Decided on: Feb-09-1999
Reported in: 1999(65)ECC876,1999(112)ELT28(Cal)
ORDERVinod Kumar Gupta, J.1. With the agreement of the parties, the writ application is taken up for final disposal.2. The case of the petitioner is that the petitioner had purchased gold from M/s. Standard Chartered Bank and that it had been sent from Delhi to Calcutta, but in Calcutta it was illegally seized by the respondents.3. The respondents' case is that the gold was seized by them since they suspected that it was imported into India unauthorisedly and that the petitioner had not paid the Customs duty on the gold. The respondents' further case is that the petitioner's contention that the gold which was seized was the same as was bought by them from Standard Chartered Bank is not correct, based on the identification of the gold as seized, when compared with the identification of the gold as sold by the Standard Chartered Bank.4. During the course of arguments reliance was placed by the parties on Sections 110, 111 and 112 of the Customs Act. One thing, however which clearly emerg...
Netai Chandra Saha Vs. Naba Kumar Saha
Court: Kolkata
Decided on: Feb-05-1999
Reported in: (1999)1CALLT440(HC)
B.M. Mitra, J.1. The present revisionaf application is directed against Order No. 141 dated 20.2.88 passed by the 1st court of Munslf at Berhampore in Title Execution Case No. 4 of 1979 arising out of Title Suit No. 237 of 1971. This court while perusing the Impugned order has sought for production of the connected petition filed in the trial court on which such Impugned order has been passed and in deference to the desire of this court, the same has been made available. From the prayer portion of a cryptic petition filed before the trial court it appears that there is a composite amalgam of prayer for amendment of the plaint of the connected suit as. well as amendment of the application for decree on, fnter alia, the plea for exclusion of another room in the decree which is supposedly not found there in the decree. The attention of this court has been drawn toannexure 'A; namely, where schedule has been described and it appears that two rooms are specifically mentioned in the schedule...
Nikhilesh Mukherjee Vs. O.N.G.C.
Court: Kolkata
Decided on: Feb-05-1999
Reported in: (1999)2CALLT121(HC)
The Court 1. In this application the petitioners had prayed for an order to enable them to urge the grounds set out in paragraph 34 of the petition, in support of their pending application for setting aside an exparte decree dated December 24. 1996. They had also prayed for an order of stay of operation of the decree, and stay of further proceedings in execution of the decree, in the petition it had been alleged, that in an arbitration proceedings between the parties the petitioners in their statement of claim a sum of Rs. 76,51,108.60, and in its counter statement the respondent had claimed a sum of Rs. 4,12,76,316.67. After six sltlings in the reference it would appear, the arbitrator had made and published two separate awards in respect to the claim and the counter claim. The arbitrator had adopted the procedure, it had ben alleged, in compliance with the court's order dated February 24, 1986, that the arbitrator would be appointed in 'both the references'.2. According to the petiti...
Galaxy Manufacturing Trading Co. Pvt. Ltd. and ors. Vs. Union of India ...
Court: Kolkata
Decided on: Feb-05-1999
Reported in: (1999)2CALLT22(HC),1999(113)ELT401(Cal)
The Court 1. By this petitioner the petitioners prayed that the impugned order dated 28th September, 1995 passed by respondent number 5 be quashed and respondents be directed to return and deliver the advance licence number P/L/1523922 dated 15th February, 1993 alongwith original Customs copy and DEEC Book with balance C1F value of US $ 27,20,533,25 to the petitioner and respondents be also directed to revalidate the aforesaid licence.2. On this petition this court by order dated July 1, 1998 directed the respondents to handover the licence to the petitioner number 1 alongwith the DEEC Book to enable the said petitioner to present the same before the respondent number 4, being the Director General of Foreign Trade, Ministry of Commerce, for revaluation of the same and it was further directed the respondent number 4 either to revalidate the licence or to reject the same and such licence shall be returned by the petitioner to the respondent, Customs Collectorate without further delay. Ag...
Daljit Kaur Vs. Union of India and ors.
Court: Kolkata
Decided on: Feb-05-1999
Reported in: (1999)2CALLT87(HC),1999(1)CHN594,1999CriLJ2247
G. R. Bhattacharjee, J.1. The petitioner Smt. Daljit Kaur has filed the present petition for a writ of habeas corpus, challenging the detention of her husband Sri Jagpal Singh Sahaull under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act. 1974 (COFEPOSA Act, for short). The respondent No.2, the Joint Secretary to the Government of India, Ministry of Finance, Deptt, of Revenue in the purported exercise of his power under section 3(1) of the COFEPOSA Act passed an order on the 19th June, 1998 directing that the detenu @ Jagpal Singh Sahaull, @ Jagpal Singh (c) Gorkha be detained and kept in custody in Dum Dum Central Jail, Calcutta as he (the detaining authority) was satisfied that with a view to preventing the said Jagpal Singh from engaging in transporting, concealling and keeping smuggled goods in future it was necessary to make the order of detention. It appears from the recitals in the statements of the grounds of detention that the Directorate of Rev...
Modern Malleables Limited Vs. Indian Rayon Industries
Court: Kolkata
Decided on: Feb-05-1999
Reported in: (1999)2CALLT242(HC)
The Court 1. This was an application for winding up of the company under sections 433, 434 and 439 of the Companies Act, 1956. The petitioner alleged, that a sum of Ra. 8,17,000.00 was due and payable to the petitioner by the company on account of supplies of divers electrical components. According to the petitioner, the company had Issued its purchase-order dated May 10, 1996 which contained particulars of the supplies to be made by the petitioner, and also the agreed rates. After the supplies had been received and accepted by the company, it would appear that under its covering letter dated September 30. 1996 the petitioner had made over to the company the corresponding Invoice together with a packing-list, and In acknowledgement the company had issued a post-dated cheque, dated October 10, 1996 for a sum of Rs. 8,17.000.00, which was the entire consideration money. According to the petitioner the cheque had been dishonoured upon presentation, and by its letter dated November 20. 199...
Hindusthan Zinc Ltd. Vs. Gujarat Nre Coke Ltd.
Court: Kolkata
Decided on: Feb-05-1999
Reported in: AIR1999Cal179
Ruma Pal, J. 1. This judgment disposes of the 2 stay applications in 2 appeals as well as the appeals themselves. There will be an order in terms of prayer (a) of the stay application. 2. The two appeals are APOT No. 50 of 1999 (Hindusthan Zinc Ltd. v. Gujarat NRE Coke Ltd.) and APOT No. 65 of 1999 (Gujarat NRE Coke Ltd. v. Hindusthan Zinc Ltd.). Both the appeals are treated as on the day's list. 3. Both the appeals have been preferred from an order allowing an application of Hindusthan Zinc Ltd. (hereafter referred to as HZL) in which HZL had prayed for revocation of leave under Clause 12 of the Letters Patent and for rejection of the suit filed by Gujarat NRE Coke Ltd. (hereinafter referred to as 'Gujarat NRE'). 4. The facts as pleaded in the plaint are as follows : Gujarat NRE has its registered office at No. 1 Clyde Row, Hastings, Calcutta-700022 within the jurisdiction of this Court. It manufacturs metallurgical coke in Jamnagar, Gujarat. HZL manufactures Zinc in Rajasthan. HZL in...
Joyita Saha Vs. Rajesh Kumar Pandey
Court: Kolkata
Decided on: Feb-05-1999
Reported in: AIR1999Cal109
Mitra, J. 1. This appeal has been preferred by an unfortunate girl who, though was born with a golden spoon in her mouth because of her own follies, not only suffered herself, but also lowered down the prestige of her family in the society to a great extent.2. The appellant filed a suit in the City Civil Court at Calcutta for declaration that no marriage between her and the respondent was performed according to the Hindu rites or otherwise at any place and also for a declaration that the registration of the alleged marriage between her and the respondent and the certificate granted by the marriage officer on 1st January, 1993 under Section 16 of the Special Marriage Act was void and inoperative and also for permanent injunction. The said suit, however, was registered as Matrimonial Suit No. 121 of 1994.3. The case as made out by the plaintiff-girl in the plaint inter alia, was that she was born on or about 6th November, 1971 in an affluent family, is the only child of her parents. She,...
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