Kolkata Court June 2002 Judgments
Navneet Kumar Didwania Vs. Commissioner of Customs (Port) and ors.
Court: Kolkata
Decided on: Jun-17-2002
Reported in: (2002)3CALLT601(HC),2003(86)ECC182,2002(145)ELT6(Cal)
Mahemmad Haheeb Shams Ansari, J.1. The case of the petitioner, in brief is as under:Petitioner is carrying on business in the name and style of Hanuman Trading Corporation as sole proprietor. He is an exporter and importer of plastic granules and non-ferrous metal. Petitioner purchased a portion of an advance licence bearing No. P/L/ 1523922/C dated February 15, 1993. On the basis thereof, petitioner imported 959.515 metric tons Copper Wire Bars in six consignments from Singapore. After the said goods were 'discharged', they were initially kept in Dock area in the possession of the Port Authorities. Thereafter in December 19, 1994 and according to the petitioner after several representations in that behalf the goods were allowed to be 'destuffed' from the containers and kept in the Bonded Warehouse as is permissible under Section 49 of the Customs Act. The goods and relevant documents given therewith were examined by the concerned customs office. According to the Customs authorities th...
Tag this Judgment!Employees' State Insurance Corporation Vs. Lachan Deo Singh
Court: Kolkata
Decided on: Jun-17-2002
Reported in: (2003)IIILLJ807Cal
Hrishikesh Banerji, J.1. These three Revisional Applications all under Article 227 of the Constitution of India have been heard analogously. The first application is directed against the order dated November 8, 1995 passed by the learned Judge, Employees' Insurance Court, Calcutta in Appeal No. 1 of 1993 filed in the said Court. By the impugned order the learned Judge allowed the appeal filed by the opposite party whereby the 'nil' award of the Medical Board on the question of loss of earning capacity of the injured person was set aside by the learned Judge who held that the insured person had suffered 10% loss of earning capacity.2. The opposite party Lochan Deo Singh has been an employee of Nuddia Mills Company Limited at Naihati, District-24 Parganas (North). On June 6, 1987 he sustained an employment injury on his left leg heel and ankle joint following sudden fall of a heavy iron material causing multiple fracture. He was under medical treatment at the E.S.I. Hospital, Kalyani, J....
Tag this Judgment!Raj Ambarish Sen Alias Ambarish Sen Vs. the State of West Bengal
Court: Kolkata
Decided on: Jun-17-2002
Reported in: 2003CriLJ3830
ORDERMalay Kumar Basu, J.1. This Revisional Application is directed against the order dt. 19-9-1998 passed by the ld. Additional Sessions Judge, 11th Court, Alipur in S. T. No. 2 (8) of 1998 (Sessions Case No. (2) of 1998) which arose out of Gariahat P.S. case No. 176 dt. 20th July, 1996 Under Section 302/34 of the IPC whereunder ld. Judge allowed an application under Section 307 of the Cr. P.C. filed by one Panchami Palta, die mother of the O.P. No. 1, Khokan Palta who was one of the accused persons of the said case.2. The relevant facts may, be summarised as follows. The petitioner Raj Ambarish Sen along with the O.P. No. 1 was arrested in connection with the abovementioned sessions case by police on 17th November, 1997 and subsequently on completion of investigation police submitted a charge-sheet against him under Section 302/34 IPC before the Ld. SDJM, Alipur who took cognizance of the offence and after observing the formalities committed the accused Raj Ambarish, to the Court of ...
Tag this Judgment!Shrimati Asoka Mukherjee Vs. Gandhi Das and anr.
Court: Kolkata
Decided on: Jun-14-2002
Reported in: (2002)3CALLT307(HC),2002(3)CHN225
S.K. Mukherjee, J.1. This appeal is directed against the judgment and decree dated March 30, 1992 passed by the learned Additional District Judge, Eighth Court at Alipore, District: 24 Parganas (South) in Title Appeal No. 4 of 1990 reversing those dated September 7, 1989 passed by the learned Munsif, Third Court at Alipore, District: 24 Parganas (South) in Title Suit No. 601 of 1983.2. The plaintiff/appellant instituted the present suit for ejectment and damages contending, inter alia, that she was the owner of premises No. 26/1A Manohar Pukur Road, Calcutta-29 and that one Kalipada Das, since deceased, was a monthly tenant under her in respect of a shop room. After the death of Kalipada, his tenancy devolved upon his widow Sabitri Bala. The plaintiff instituted Title Suit No. 275 of 1975 in the Court of the learned Munsif, Third Court at Alipore for eviction of Sabitri Bala, which was decreed, but the appellate Court set aside the decree and remitted the suit to the trial Court. Durin...
Tag this Judgment!Nepal Chandra Kar and ors. Vs. Calcutta Municipal Corporation and ors.
Court: Kolkata
Decided on: Jun-13-2002
Reported in: (2002)3CALLT78(HC)
Bhaskar Bhattacharya, J.1. Petitioners, the allottees of a stall at Hogg Market, were served with a notice asking them to pay the arrears of stallage payable from the year 1990 as detailed in annexure 'P-10' to the present writ application. It was further threatened by the Deputy Manager, Hogg Market in the said demand notice that in default of payment of the amount mentioned therein, appropriate step against the petitioners including disconnection of electric supply in the stall will be taken.2. Being dissatisfied, the petitioners have come up with the present writ application.3. Mr. Basu, the learned counsel appearing on behalf of the petitioners could not dispute the fact that the petitioners have not paid the amount; he however laboriously contended that in view of the provisions contained in Section 573 of the Calcutta Municipal Corporation Act, 1980 ('Act') the respondents can at the most realize arrears of stallage for the last three years. Mr. Basu contends that arrears beyond ...
Tag this Judgment!Swapan Kr. Mondal and anr. Vs. Subhas Ch. Pal and ors.
Court: Kolkata
Decided on: Jun-13-2002
Reported in: (2002)3CALLT416(HC)
M.K. Basu, J.1. This revisional application under Sections 397 and 482 read with Section 401 Cr.PC has been directed against the order dated 15th March, 1996 passed bny the learned C.J.M., Burdwan in C.R. Case No. 132/96 under which the learned Magistrate took cognizance of the offence under Sections 406, 420, 427 IPC and issued summons upon the accused persons in the case, namely, C.R. Case No. 132/96 who are the petitioners in the present application. The petitioners' case is that the complaint does not disclose ingredients of those offences and cognizance taken was bad and the entire proceeding should be quashed.2. The complaint as it stands is to the effect that the complainant Sri Subhas Pal approached the accused-petitioner the owners of S.M. Cold Storage Pvt. Ltd. in Katwa village with the request for keeping 90 bags of potatoes in the said cold storage. The petitioners gave them word that they would comply with their request if they paid money at the rate of Rs.3/- per bag of p...
Tag this Judgment!Sambhu Nath Dalal and anr. Vs. Radharaman Middya and ors.
Court: Kolkata
Decided on: Jun-13-2002
Reported in: (2003)1CALLT301(HC)
D.K. Seth, J.1. The appeal : This appeal arises out of a suit for partition passed by the Assistant District Judge, Bankura in Title Suit No. 78 of 1993 on 10th August, 1994. The facts of this case are almost admitted.The scope of challenge by the Appellants :2. Mr. Roychowdhury, learned counsel appearing for the appellants, challenges the said judgment and decree only on one ground that the plaintiffs, who claimed title through Parulbala deriving title from Man Kumari, have acquired no interest in the property in view of the fact that the plot, which is numbered as 314, devolved upon Man Kumari, who, admittedly, bequeathed the same by way of gift in favour of Parulbala through a deed describing the same as plot No. 114.2.1 The plaintiffs purchased the land from Parulbata. In the deed executed by Parulbala, the mistake in the description of plot number was mentioned. But in the suit for partition, the plaintiffs did not take any step either to apply for rectifition of the said mistake ...
Tag this Judgment!Ajoy Kumar Basu Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-13-2002
Reported in: (2003)1CALLT144(HC),[2002]255ITR407(Cal)
P.K. Ray, J.1. Heard the learned advocate appearing for the parties. In the writ application, the petitioner prayed for the following reliefs:--'(a) A writ in the nature of Mandamus directing the respondent No. 3 to issue appointment letter to the petitioner on compassionate ground which would be approved by the respondent No. 2 forthwith.(b) A writ in the nature of Certiorari calling upon the respondents to produce all original records connected with the same so that the conscionable justice may be done.'2. It is the case in the writ application that the petitioner's mother was working as School teacher in primary school under the District Primary School Council, Malda breathed her last on 19th May, 1993 leaving behind his father, himself and another brother. It is an admitted fact in the writ application that the petitioner's father was working in the post of clerk-cum-typist under the Executive Engineer, PWD, Malda on the basic pay of Rs. 1795/- at the relevant time. Petitioner's ap...
Tag this Judgment!Rabiul Islam Laskar Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-13-2002
Reported in: (2003)1CALLT428(HC)
P.K. Ray, J. 1. Heard learned Advocates for the parties. In the writ application, the petitioner has prayed for the following reliefs: 'a) Writ or writs in the nature of Mandamus commanding the concerned respondents to act in terms of the order dated 22.11.90 passed by this Hon'ble Court and also to take immediate steps in accordance with the Memo No. 176-Edn(P) dated 22nd April, 1988 and/or any subsequent such memo issued by the concerned respondents and/or any subsequent such memo issued by the concerned respondents and/ or in terms of the West Bengal Primary Education Act and the Rules framed thereunder forthwith and to act in accordance with the law. b) A writ in the nature of Certiorari directing the respondents to transmit and produce the relevant records and documents before this Hon'ble Court, so that conscibnable justice may be administered.' 2. The case of the petitioner is that the father of the petitioner while he was working in the post of Primary School Teacher in the co...
Tag this Judgment!Shailendra Kumar Jaiswal Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Kolkata
Decided on: Jun-12-2002
Reported in: (2003)(2)SLJ267CAT
1. This is an application under Section 19 pf the AT Act, against the purported act of the respondent authorities in not granting Islands special allowance to the applicant in terms of the memorandum dated 12.1.96 issued by the Ministry of Finance, Govt. of India.2. It is averred that the applicant was offered temporary posting of Service Engineer (Mechanical), Fishery Survey of India under the Ministry of Agriculture Government of India which is in the scale of Rs. 8000-13500/- General Central Service, Group 'A' Gazetted. After accepting the offer, the applicant was asked to take charge of the post of Service Engineer (Mechanical) in the Department vide order dated 9.12.98. The applicant reported on duty in the office of the respondent No. 3 i.e., Director General, Fishery Survey of India, Marine House, Mumbai on 27.1.99. Under the directions of respondent No. 3 the applicant was directed to report of Port Blair base of Fishery Survey of India. He, therefore, joined at Port Blair.The...
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