Kolkata Court March 2001 Judgments

Sk. Harun Rasid Vs. Mst. Mahera Khatun and anr.

Court: Kolkata

Reported in: II(2001)DMC32

ORDERNure Alam Chowdhury, J.1. This application under Section 401 read with Section 482 of the Code of Criminal Procedure on behalf of the petitioner-husband is directed against the judgment and order dated 16.9.1999 passed by the learned Judicial Magistrate, 2nd Court, Chandannagore, Hooghly in Misc. Case No. 34 of 1997 (T.R. Case No. 52 of 1997), directing the petitioner-husband to pay monthly maintenance allowance under Section 125 of the Code of Criminal Procedure to the wife-opposite party at the rate of Rs. 500/- for the wife and Rs. 300/- for her daughter from the date of filing of the case to be payable by the last day of each succeeding month according to English Calender month,, and directing further the payment of arrears of maintenance by way of 24 equal monthly instalments failing which, the wife-opposite party shall be at liberty to recover the entire arrear maintenance through Court in accordance with law. Heard the learned Advocates for the parties. Perused the material...

Sanwalram Modi Carrying on Business Under the Name and Style of Shiva ...

Court: Kolkata

Reported in: (2001)2CALLT498(HC),2001(132)ELT16(Cal)

A. Lala, J.1. Under this writ petition, the petitioner challenged an order being No. 274 of 1975 passed in revisional application by the appropriate Joint Secretary to the Government of India, Ministry of Finance. The inpugned orderis as follow:'The Government of India has considered the points raised in the revision Application and those urged at the time of personal hearing. The Petitioners have urged that they are not manufacturer of steel furniture, they only fabricate according to the design and drawings given by the customers. The petitioners' product i.e. 'double tier tubuler dismantinable bunk' is used inside the tent by the military by embedding in earth with cement concrete for sleeping purposes. Without dismantling from the earth it cannot be removed. The bunks are not furniture; these are fixtures. Those are not movable articles are those which can be removed, as such but the bunks can be removed only by dismantling by unscrewing the nuts and bolts. Railway bunks are exempt...

Mohanlal Dungarmal Futnani Vs. Vishanji Dungarmal Futnani and ors.

Court: Kolkata

Reported in: AIR2001Cal122,(2001)3CALLT218(HC)

G.C. Gupta, J.1. This appeal arises out of an order dated 24-12-1987 passed by the learned single Judge setting aside an award dated 12-11-1983. The facts relevant for the purpose of the present appeal are as follows:--2. The appellant and the respondent No. 1 are the sons of Late Dungarmal Bachumal Futnani. The respondents No. 2 to 4 are the sons of the respondent No. 1. The respondents No. 5 to 9 are the sons of the appellant, the respondents No. 10 and 11 are the Arbitrators.3. The appellant, the respondents No. 1 to 9 with their common ancestor Late Dungarmal Bachumal Futnani were carrying on large number of business through the instrumentality of firms and private limited companies and were also having a charitable trust, particulars whereof would appear from the arbitration agreement dated 14-7-1983. Dungarmal Bachumal Futnani died on 1-4-1983. The respondent No. 1 claims to have ascertained from a letter dated 2-5-1983 addressed by the appellant to Kanga and Company. Solicitors ...

Rama Anand Roy Vs. the General Manager, C.L.W. and

Court: Central Administrative Tribunal CAT Kolkata

1. This matter was originally filed before the Hon'ble Calcutta High Court as a writ petition in the year 1982 challenging the charge-sheets dated 10.11.70 and 23.2.71, two enquiry reports, two punishment show cause notices dated 27.1.73, the penalty order dated 11.5.73 as also the appellate orders dt. 17.6.80 and 4.2.81. A rule was issued on 10.5.82 by the High Court. Subsequently, by operation of Section 29 of the A.T. Act, this writ petition stood transferred to this Tribunal for disposal in the year 1995 and renumbered as T.A. 20 of 1995.2. At the material time, the applicant was working as Laboratory Assistant in Desbhbandu Vidyalaya (Boys') under the Chittaranjan Locomotive Works (CLW). The case of the applicant is that on being appointed as Laboratory Asst., he was posted in the Biological Laboratory of the aforesaid school on and from 22.3.65. According to the applicant, he had no knoweldge about biology and his services were being utilised for clerical job of the school thoug...

Government of India and ors. Vs. R.K. Singh

Court: Kolkata

Reported in: (2002)ILLJ899Cal

ORDER1. The order dated September 26, 2000, passed in T.A. No. 54/A&N;/98 by the learned Central Administrative Tribunal, Calcutta Bench, Circuit at Port Blair, has since been challenged in this writ petition. The point involved in this case is whether the absence of the respondent Rabindra Kr. Singh during the period of November and December 1992 could be treated as continuous service or would constitute a break in service in order to avail of the benefit of the scheme for giving temporary status to casual employees under the circular dated September 10, 1993 which is Annexure 'J' to the writ petition.2. In order to appreciate the question involved it would be necessary to refer to the relevant facts in short. The respondent was engaged as a casual labour under the petitioner herein sometime in April, 1992. On account of ailment of his mother the respondent had left for the main land in November 1992. He reported for duty on January 1, 1993 and continued thereafter. A scheme was formu...

Jit Pal Vs. State of W.B.

Court: Kolkata

Reported in: 2001CriLJ3924

ORDERDebiprasad Sengupta, J.1. This is an application for quashing of a proceeding being case No. G.R. 3849 of 1985 pending in the Court of learned Metropolitan Magistrate, 12th Court, Calcutta under Section 120B/420 of the Indian Penal Code.2. The Secretary to the Commissioner of the Port of Calcutta lodged a complaint with the Central Bureau of Investigation, Special Police Establishment, C.I.A. (i) New Delhi against the petitioner and 7 other accused persons alleging commission of offences under Section 120B/420, IPC. On completion of investigation the Investigating Agency submitted a charge-sheet against the petitioner and 7 other accused persons under Section 120B read with Section 420, IPC in the Court of learned Chief Presidency Magistrate, Calcutta. On the basis of the said charge-sheet the learned Magistrate took cognizance of the offence and transferred the case to the learned Presidency Magistrate, 6th Court, Calcutta for trial and disposal. The learned Magistrate thereafter...

Ganeshbari Tea Company (P) Ltd. and anr. Vs. the Corporation of Calcut ...

Court: Kolkata

Reported in: 2001CriLJ4483

ORDERDebippasad Sengupta, J.1. The present revisional application is directed against an order dated 27-4-1982 passed by the learned Senior Municipal Magistrate, Calcutta in Case No. 504-D of 1974 thereby framing charge under Section 16(1)(a)(i) read with Section 7(1) of the Prevention of Food Adulteration Act against the petitioners.2. The facts of the case are that the Food Inspector inspected the business premises of M/s. Tea King at 9/12, Lal Bazar Street, Calcutta on 29-8-1974 and found 'Tea' stored and exposed for sale for human consumption. He purchased sample of tea from Judhisthir Agarwalla after complying with legal formalities. The sample was sent to Public Analyst, who on analysis opined the sample to be adulterated. Thereafter the petition of complaint was filed against four persons. Prosecution examined witnesses and they were also cross-examined before charge. Charge was framed against accused M/s. Tea King and one J. Agarwalla under Section 16(1)(a)(i) read with Section...

H.S. Tiwari and anr. Vs. State of W.B.

Court: Kolkata

Reported in: 2001CriLJ3773

ORDERDebiprasad Sengupta, J.1. This revisional application is directed against an order dated 26-12-1994 passed by the Id. Judicial Magistrate, IXth Court, Alipore on C.G.R. Case No. 2939 of 1988 under Section 408/409 of the Indian Penal Code thereby rejecting the petitioners' application for discharge from the case.2. On the basis of a complaint lodged by one R.S. Agarwal, Manager, Finance and Accounts, M/s. Jenson and Nicholson (India) Ltd. having its head office at 225, A.J.C. Bose Road, Calcutta, a case was registered with Ballygunge police station being Ballygunge P.S. case No. 105 dated 6-7-1990 under Sections 467/468/471/408/409 of the Indian Penal Code. In the first informtion report it was alleged that the present petitioner No. 2 was the proprietor of M/s. Namrata Paints, a dealer of paints and commission agent having his office at Rajkot, Gujarat and the petitioner No. 1 is the son of the petitioner No. 2 and also a Sales Representative of the Company in Ahmedabad section. I...

Amarendra Nath Ghosh Alias Bappa Vs. the State and anr.

Court: Kolkata

Reported in: 2001CriLJ4371

ORDERDebiprasad Sengupta, J.1. The present application is for quashing of a proceeding being special case No. 7 of 1998 arising out of Case No. RC-6(E)/96, CBI/BS & FC/New Delhi now pending in the Court of Id. Judge, 1st Special Court, 23 Parganas at Alipore under Section 120-B/409/420/477A of the Indian Penal Code and Section 13(2) read with Section 13(1)(c) and (d) of Prevention of Corruption Act, 1988.2. One Mr. B.K. Dhir, Regional Manager, Allahabad Bank. Regional Office (South), Calcutta lodged a complaint dated 23-11-96 to the Superintendent of Police, Central Bureau of Investigation, Banking Securities and Fraud Call, New Delhi and on the basis of the said complaint a case was registered being Case No. RC-6(E)/96-BS&FC;/DLI. The allegations made in the said complaint is that during period 94-95 one Mrs. S.R. Ramamani, the then Branch Manager, Allahabad Bank, Southern Avenue Branch, Calcutta entered into a criminal conspiracy with other persons of the Branch of Allahabad Bank inc...

Gurpreet Singh Alias Shammi and ors. Vs. State of W.B.

Court: Kolkata

Reported in: 2001CriLJ3771

ORDERDebiprasad Sengupta, J. 1. This is an application for quashing of a proceeding in Sessions Case No. 15/91 pending in the Court of Id. Judge, 11 th Bench, City Sessions Court, at Calcutta.2. The prosecution case is that the petitioner engaged themselves in a Criminal Conspiracy to commit decoity, murder, looting and to create a state of terrorism in the State of Punjab and other States in India. With that end in view the petitioners entered into a Criminal Conspiracy to assassinate Lt. Col. K.S. Brar, G.O.C., incharge of Eastern Command who was the officer in Command during Operation Blue Star in Punjab in 1984 and also to murder Sri S.S. Roy of Beltala Road, Calcutta, Ex-Governor of Punjab. It was alleged that the petitioner chalked out various plans for execution of their conspiracy into action. On the basis of such allegations Hastings P.S. Case No. 311 dated 21-11-90 was registered under Sections 120B/121/121A/122/109/147/148/149/302/379/395/396/397, I.P.C.3. On completion of i...