Kolkata Court May 2002 Judgments
Nil Kamal Ghosh Alias Nilu Vs. State of West Bengal
Court: Kolkata
Decided on: May-21-2002
Reported in: (2002)3CALLT618(HC)
P.K. Biswas, J. 1. These three appeals were directed against the judgment of conviction and sentence passed against these appellants by Sri M.K. Sengupta, Additional Sessions Judge, 5th Court, Alipore on 3.9.93 and 4.9.93 respectively in connection with Sessions Trial No. 1(1) of 1993/ Sessions Case No. 23(77) of 1992 arising out of Phool Bagan P.S. Case No. 108 dated 23.9.92 (G.R. Case No. 2081 of 1992), whereby the learned trial Judge was pleased to pass an order of conviction against the appellant, Nil Kamal Ghosh under Section 376 of IPC as also under Section 366 of IPC and also pleased to sentence him to suffer Life Imprisonment for the aforesaid offence under Section 376 of IPC and again pleased to sentence him to suffer rigorous imprisonment for 6 years and to pay a fine of Rs. 1000/- in default to suffer rigorous imprisonment for 5 months for the offence under Section 366 of IPC and also passed orders that both the sentences shall run concurrently. 2. The learned trial Judge wa...
Tag this Judgment!Ritika Limited and ors. Vs. Commissioner of Customs
Court: Kolkata
Decided on: May-21-2002
Reported in: 2002(83)ECC9,2002LC801(Calcutta)
ORDERAmitava Lala, J.1. This writ petition is made by a Limited Company and three others. Affidavit of competency is also available in the record.2. By making this writ petition the petitioner has asked for release of the confiscated goods in terms of the order dated 2nd August 2001 passed by the CEGAT (Customs, Excise and Gold (Control) Appellate Tribunal), Eastern Branch, Calcutta.3. It appears to this Court that operative part of the order of the CEGAT is as follows:After reading the above observations made by the Commissioner (Appeals), I do not find any infirmity in the same. He has also rightly observed that the smuggled nature of the non-notified items has to be proved by the Revenue by production of concrete evidence and not on the basis of assumption and presumption. As such, I find that by following the ratio of the Tribunal's order, he has rightly set aside the order of the original adjudicating authority. Accordingly, I find that no merits are there in the Revenue's appeals...
Tag this Judgment!Three-n-products Private Limited Vs. Manchanda Enterprises and anr.
Court: Kolkata
Decided on: May-20-2002
Reported in: 2002(25)PTC607(Cal)
Pinaki Chandra Ghose, J. 1. The Court: The suit and the interlocutory application have been filed by the petitioner for restraining the respondents from - (i) infringing the registered design No. 165256 of the petitioner in respect of bottles. A copy of the said registration is at page 15 of the petition. (ii) passing off its products and/or business as that of the petitioner by using the shape, configuration, size and get-up of the containers/bottles. 2. Both the petitioner and the respondent No. 1 are manufacturing shampoos and other cosmetics items. The petitioner sells its products under its mark 'Ayur'. The respondent No. 1 sells its products under its own mark 'Coronation'. The range of the petitioner's products in bottles of its registered design is at page 13 of the petition. The range of the products of the respondent No. 1 in its own bottles will appear from annexure appearing at page 54 of the petition.3. According to the petitioner, the petitioner is engaged in the busines...
Tag this Judgment!Mrs. Banani Nandi and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-20-2002
Reported in: (2003)1CALLT395(HC)
A. Lala, J. 1. In this writ petition, the petitioners challenged the order passed by Registrar, Cooperative Societies, West Bengal on 11th October, 2001. This order is outcome of a direction given by a single Judge of this Court on 17th July, 2001 to that extent by disposing of the writ petition being numbered W.P. No. 9911(W) of 2001.2. In giving such direction to the Registrar the Court was made it clear that such Registrar should not discharge the function of the Arbitrator. It is significant to note hereunder that a claim before an Assistant Registrar appointed as Arbitrator was pending. Under order impugned the Registrar opined that the original application by the concerned parties under Section 95 of the West Bengal Cooperative Societies Act, 1983 is maintainable. The parties are at liberty to raise all the points of law and facts before the Arbitrator excepting the point of maintainability.3. The petitioners become aggrieved by such last part of the order of the Registrar i.e. e...
Tag this Judgment!Hanumanmal Surana and ors. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: May-20-2002
Reported in: (2003)1CALLT463(HC)
A. Lala, J.1. This writ petition is made by one Shri Hanumanmal Surana and four others being heirs of one Joychandmal Suraria, since deceased, heirs and representatives of one Tolaram Surana since deceased one of the sons of Joychandmal Surana also since deceased being petitioner Nos. 6A to 6D. They have made their respective grievances as against 1, 4 and 5 theSecretary, Ministry of Defence and others and respondent Nos. 2 and 3, Life Insurance Corporation of India and another. From the nature of the grievances I find that the actual relief sought for by way of writ of mandamus against such respondent Nos. 2 and 3 for taking possession of the respective plot of land from 1, 4 and 5 to transfer the plot to the petitioners by executing necessary conveyance after accepting the balance consideration and deliver peaceful vacant possession thereof to them.2. From the very inception of final hearing before this Court a question cropped up as to whether such relief can be granted by the writ ...
Tag this Judgment!Dilip Kumar Ghosh Vs. Amit Kumar Roy Chaudhury
Court: Kolkata
Decided on: May-20-2002
Reported in: (2003)1CALLT490(HC)
N.C. Sil, J.1. This appeal has been directed against the judgment and decree dated 8.2.1999 and 16.2.1999 respectively passed by Sri Samaresh Prasad Chowdhury, Civil Judge, Senior Division, 8th Court, Alipore in connection with Title Appeal No. 156 of 1998 affirming in part the judgment and decree dated 11.5.1998 passed by Sri Dulal Chandra Kar, learned Civil Judge, Junior Division, 5th Court, Alipore in connection with Title Suit No. 20 of 1994.2. The suit before the learned lower Court was for eviction of a premises tenant and also for mesne profit on the ground of default in payment of rent, for reasonable requirements and also for subletting. The learned trial Judge appears to have decreed the suit on the grounds of default in payment of rent and the ground of reasonable requirement and subletting were according to him not established. The benefit of Section 17(4) of the West Bengal Premises Tenancy Act (hereinafter referred to as 'Act' in short) was not given to the tenant/defenda...
Tag this Judgment!Gouri Phani Chakraborty Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-20-2002
Reported in: (2003)1CALLT524(HC)
A. Lala, J. 1. The petitioner joined in the post of Principal of the concerned women's college on 22nd December, 1990. Such service was confirmed. However, a showcause notice was issued upon her on 24th March, 2000. On 7th April, 2000 a reply to showcause notice was given. On 11th April, 2000 the governing body of the college took a resolution to issue a chargesheet upon her. She was also suspended with immediate effect on the basis of such resolution. This resolution was sent for approval of the concerned authority of the University under which the college is affiliated. The University disapproved the order of suspension and intimated accordingly on 10th May, 2000. But far various other reasons i.e. not handing over keys etc. on 16th May, 2000 this petitioner moved a writ petition being AST No. 1632(W) of 2000 when a single Judge of this Court was pleased to pass an order directing the college authorities to hand over the keys and documents etc. to the petitioner and further directed ...
Tag this Judgment!Evergreen Plywood Industries (P.) Ltd. Vs. Circular Leasing and Resour ...
Court: Kolkata
Decided on: May-16-2002
Reported in: [2002]256ITR754(Cal)
Girish Chandra Gupta, J. 1. This is a winding up petition made under Sections 433, 434 and 439 of the Companies Act, 1956 ('the Act') by a creditor alleging that the company is deemed to be commercially insolvent inasmuch as the company failedand neglected to pay or to secure or to compound to the reasonable satisfaction of the creditor a sum of Rs. 5 lakhs together with interest. The facts of the case briefly stated are as follows: 2. The petitioning creditor lent and advanced a sum of Rs. 5 lakhs to the company by an account-payee-cheque as and by way of a short-term loan repayable on demand after three months together with interest at the rate of 15 per cent per annum. The money was lent and advanced on 2-3-1998. For the financial year ended on 31 -3-1998 a sum of Rs. 6,164 became due and payable by the company to the petitioner on account of interest. The company issued a certificate of deduction of tax at source under Section 203 of the Income-tax Act, 1961 certifying that a sum o...
Tag this Judgment!ifb Automotive Seating and System Ltd. and ors. Vs. Union of India (Uo ...
Court: Kolkata
Decided on: May-16-2002
Reported in: AIR2003Cal80
ORDERAsok Kumar Ganguly, J.1. This matter was heard on a number of days on the question of territorial jurisdiction of this Court to entertain, try and determine the points involved in this writ petition. 2. Since the jurisdiction of this Court was invoked by the writ petitioner on the ground that the entire cause of action or at least a part of it has arisen within the territorial jurisdiction of this court, a few facts relevant to the said question may be noted,keeping in mind the principle that the question of territorial jurisdiction is to be decided on the facts pleaded in the writ petition. 3. The writ petitioner No. 1 is the holding company incorporated under the Companies Act and the petitioner No. 2 is another company. Petitioner No. 1 holds about 50.1% share capital of the petitioner No. 2 and the balance 49.9% of the share of the petitioner No. 2 is held by the respondent No. 3. The petitioner No. 2 is engaged, inter alia, in the manufacture and sale of automobile seat belts...
Tag this Judgment!Structure India Vs. State of West Bengal
Court: Kolkata
Decided on: May-15-2002
Reported in: (2002)3CALLT336(HC)
J.K. Biswas, J.1. This Appeal has been filed against the judgment dated 1st November 1990, whereby a learned Judge of this Court set aside the award on an application filed by the State of West Bengal, the respondent herein, under Sections 30 and 33 of the Indian Arbitration Act, 1940.2. In April 1977, the Executive Engineer, Burdwan Division No. 1, Public Works Department of the Government of West Bengal invited a tender being Tender No. 4/Burdwan-1 of 1977-78. It was for construction of the Administrative Building (Purta Bhavan) at Burdwan. The estimated value of work put to tender was Rs. 65,25,455/-. The tender was not an item rate one. In page 7 of the price schedule to the tender, against item No. 49C, a specific price rate was mentioned for the white washing work. The rate fixed was Rs. 47.50 per square meter. The appellant submitted its tender agreeing to carry out the work mentioned in the said tender at 5% above the rates shown in the price schedule of the probable items with...
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