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Hemendra Nath Chakraborty Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : (1989)2CALLT93(HC)

..... decide the question whether there has been any case under sections 468 and 471 of the indian penal code by production of the said discharge certificate from the indian air force and this matter should be taken expeditiously and should be decided within a period of three months from today. ..... on 24th july 1967 was also stated to have been suspected by you.in this connection it is pointed out that on receipt of the representation from the above individual, the matter was reported to the air force record office who is the competent authority in this particular case. ..... the copy of the reply received from the air force record office is held by this office and can be verified by any of your1 officers ..... particulars of sri chakraborty as obtained from air force record officer, new delhi-110010 vide their ..... 19th november 1967 and as such the date of issue of discharge certificate was correctly mentioned by 20 signal unit, air force as 24th july 1967.7. ..... certificate furnished by air force officer commanding (letter ..... issue of warrant of arrest and keeping a dignified citizen in the police custody for 5 days, without enquiring the genuineness of the allegation, seems to ..... the air force record office has confirmed and issued a certificate of genuineness of the ..... as per orders of the government then in force, an individual was to serve for a period of minimum of two years in that particular rank in order to enable him to earn his pension of that rank the individual does not fall in that category, but .....

Bandana Mondal Vs. Union of India (Uoi) Through the General Manager

Court : Kolkata

..... observations appropriately apply to the facts of the case before us where the railway protection force has removed the dead body of the victim and taken the same to its own custody and nobody is coming forward on behalf of the railway authority to dispute the assertion of the claimant by producing the various documents relating to the death of the victim admittedly in its custody including the report of the enquiry, if at all, independently done by the railway ..... narsingh nandkishore rawat : air 1970 madh pra 225, also followed the privy council decision in sardar gurbakhsh singh's case 0049/1927 : air 1927 pc 230 (supra ..... bhishan chand : air 1974 punj and har 7, drew a presumption under section 114 of the evidence act against a party who did not enter into the witness ..... virender nath : air 1971 allahabad 29 held that if a party abstains from entering the witness box, it would give rise to an inference adverse against ..... radhabai krishnarao deshmukh air 1931 bom ..... ajaipal singh air 1930 lahore 1 and the bombay high court in martand pandharinath chaudhari ..... 0049/1927 : air 1927 pc 230. ..... reported in air 1999 sc 1441, the apex court took the action of a party deciding not to appear as a witness and to offer himself for cross-examination, in the following way:where a party to the suit does not ..... reported in : air 1968 sc 1413 where the said court pointed out the duty of the party to a suit to appear as witness when he was the best witness to the disputed issue even if the burden of proof was on .....

G.P. Singh and ors. Vs. Shanti Ranjan Sarkar

Court : Kolkata

Reported in : 1985CriLJ1695

..... scale, following that is to say,(a) death;(b) imprisonment which may be for the term of life or any other lesser term but excluding imprisonment for a term not exceeding three months in force custody;(c) dismissal from the service;(d) imprisonment for a term not exceeding three months in force custody;(e) reduction to the ranks or to a lower rank or grade or place in the list of their rank in the case of an under officer;(f) forfeiture of seniority of rank and forfeiture of all ..... without proper authority, section 43 of the act provides as follows:any person subject to this act who abets the commission of any of the offences specified in sections 14 to 41 (both inclusive) shall, on conviction by security force court, if the act abetted is committed in consequence of the abetment and no express provision is made by this act for the punishment of such abetment, be liable to suffer the punishment provided for that offence or such less punishment ..... to the learned judge, clauses (c) and (d) of section 48(1) of the act which are respectively dismissal from service and imprisonment for a term not exceeding three months in force custody cannot be combined together by a sentence of the security force court.10. ..... hearing of the rule nisi, it was contended on behalf of the respondent, inter alia, that in view of section 50 of the border security force act, 1968, hereinafter referred to as the act, the order for imprisonment in civil jail for a period of three months could not be combined with .....

Umesh Chandra De and anr. Vs. Mahim Chandra Saha and ors.

Court : Kolkata

Reported in : 168Ind.Cas.678

..... under the rules of this court framed under the said section, the custody fees are payable at the time of obtaining the processes and the minimum ..... answer to the question referred to us would be that the unspent amount of custody fee can be refunded, and the procedure laid down in para. ..... there is no rule framed by the high court relating to the custody fees, under s 20, court fees act, and no question of ultra vires ..... 7-8-0 was paid by the decree-holder as custody fees, and these fees are always realised in advance under the rules framed by this court under section ..... not touch the present point as it relates to poundage fees which are invariably realised after the sale and cannot remain unspent as is the case with custody fees, but as the matter is put the larger ground that the rules are ultra vires of this court, the learned subordinate judge entertained reasonable doubt as to whether or not the same principle would hold good with regard to custody fees also. ..... 7-8-0 being the remuneration of a custody peon for 15 days at the rate of 8 annas per diem (part 2, article 3, ..... the case of custody fees, however, stands on a different' footing; they are taken in anticipation, and if the anticipated circumstances do not happen, there is a clear duty to refund on the plainest and most ..... custody fees come undoubtedly within the purview of the section, as they are charges levied upon the decree-holders to meet the costs of a person or persons sent out to ensure safe custody of the movables .....

J.W.O. B.K. Singh Vs. Union of India and ors.

Court : Kolkata

Reported in : (2000)3CALLT528(HC)

..... it is, therefore, evident that the officer convening general court martial was not in a position to comply with the requirements under rule 43 of the air force rules, 1969 and the decision was arrived at before the alteration of and preparation for the fresh charges. ..... will, however, not debar the respondents from convening gcm once again for consideration of the charges in accordance with the provisions of the air force act, if not otherwise barred by the act itself or under the rules framed thereunder. ..... against the writ petitioner are-false and frivolous and no general court martial can be convened on the basis of those charges; (ii) the general court martial was not convened lawfully in accordance with the air force act, 1950; (iii) the commanding officer of his own unit at 4 bengal/(tech. ..... mukherjee appearing for the respondent that section 152 of the air force act itself provides that no finding or sentence of general court martial shall be valid except so far as it may be confirmed as provided by this act by the appropriate authority under section 153 and there is also provision for ..... union of india (supra) the apex court held, 'the act and the rules constitute a self-contained code, specifying offences and the procedure for detention, custody and trial of the offenders by the courts-martial. ..... later : if the petitioner is under the custody of the respondents, he may be released, if not barred under the law, with liberty to take further action in accrodance with the procedures .....

Pravat Kumar Saha Vs. Dilip Pramanick

Court : Kolkata

Reported in : AIR1997Cal326,II(1997)DMC587

..... of the respondent was engulfed with profound grief for the sudden death of his wife and sustained burn injury the respondent was compelled to keep his minor son to the care and custody of the appellant for the time being because at that material time bapi was living at 4, elias road, calcutta-58 and the appellant also desired and demanded the same. ..... liberty is given to the parties to move this hon'ble high court for modification of this order and/or for seeking any direction regarding the custody and well-being of the minor debankur pramanik alias bapi, if in the future, situation so demands or if the respondent is taken into custody pursuant to an order passed by the learned court in connection with the criminal case now pending against him under sections 498-a and 306, ..... on 22nd of october, 1996 in the evening the child will be handed over by the grand parents to the father and he will keep the child in his custody till 28th of october, 1996 and thereafter send him to the school in question and if the grand parents also want to accompany the father along with the child for putting him in the hostel ..... narayaniah, reported in (1914) 41 ind app 314 : (air 1914 pc 41), in that case the judicial committee laid down the following principles :--'there is no difference in this respect between english and ..... observed in the case in air 1944 cal 433 in re love joy patell as follows :--'the grounds on which the court of chancery has interfered with the parents' rights are, classified in part .....

Mira Bose Vs. Santosh Kumar Bose

Court : Kolkata

Reported in : 1973CriLJ790

..... it is well settled now that it is the welfare of the children which should be the guiding principle in coming to a finding as to with whom the custody of the children should be and as ordinarily the custody of the children aged leas than 5 years should be with the mother unless it is shown that she has forfeited her right. ..... to explain the bona fide difficulties in bringing the children to the court as he proceeded on the footing that the amendment of the previous order on the 25th july, 1970 meant a direction to deliver the custody of the children physically in court on the 1st august, 1970 and in that view, the difficulties were pointed out to the court. ..... order dated the 23rd september, 1969 passed by the court but that the petitioner simply wanted a direction by the court on the respondent regarding the place and date where the custody of the children would be delivered so that the petitioner could take appropriate steps for enforcement of the order for the ..... application was filed thereafter by the petitioner under section 26 of act 25 of 1955 for the interim custody of the two children left behind, on the ground of their tender age requiring thereby their mother's ..... the learned judge held that the objection raised on behalf of the respondent has accordingly no force and to avoid any further complication in connection with the enforcement of the order passed earlier by ..... 18.8.70 the petitioner filed air application before the learned judge ..... west bengal reported in air 1969 sc 189 at .....

Niharenddu Dutta Mazumdar and ors. Vs. A.E. Porter and ors.

Court : Kolkata

Reported in : AIR1945Cal107

..... shall be placed under personal restraint at the presidency jail, calcutta, you are hereby required and commanded, in pursuance of that determination, to receive the person abovenamed into your custody, and to deal with him in conformity with the orders of the government and the provisions of the bengal state prisoners regulation, 1818.by order of the governor,(sd.) j. e. ..... given some judgment, made some legal order or done some act which the party against whom it issues, or others on whom it is binding, have either neglected to obey, contumaciously refused to submit to, incited others to defeat by artifice or force, or treated with terms of contumely or disrespect in the face of the court, or of its minister charged with the execution of its acts.62. ..... the detenus had been brought to court under an armed jail guard, and a strong force of police was stationed both inside the court room, in the court building outside the court room and also outside the court building to prevent any demonstration or disturbance of the peace ..... dutta mazumdar from behind and used unnecessary force, (3) when asked about his authority to arrest, declined to furnish the information but simply said 'never mind about it,' and (4) at his direction two sergeants caught hold of ..... before seizing him, to have told him that he was under arrest and by what authority he was being arrested and to have asked him to come with him instead of seizing him by the arms and applying force to him in order to effect his removal. .....

In Re: Joshy Assam

Court : Kolkata

Reported in : (1896)ILR23Cal290

..... on behalf of the parents of the girl, relied mainly on two propositions of law : first of all he said that the rights of parents regarding the custody and control of their offspring are paramount, and that the court would not interfere with these rights, except on very strong grounds showing actual misconduct on the part ..... such as the present, where the parents, in pursuance of an arrangement deliberately entered into by them, have resigned their parental authority, the court in exercising its powers of interference with the custody of a child at the instance of the parents should be guided mainly, if not entirely, by what it conceives to be best for the welfare and well-being of the child.7. ..... but the second proposition contended for, namely, that an arrangement under which the parents have agreed to abandon the custody of their child to a third person is a revocable arrangement, requires, i think, this very important qualification, that the court will not allow parents, who have abandoned the custody of their children to third persons, to attempt capriciously to re-assert their rights without showing that the welfare ..... there was no allegation of any misconduct, or any moral unfitness on the part of the mother disentitling her to the custody of the child, nor had the mother in any sense abandoned her right to the control and custody of her child; yet the court said that the mother's position, through no fault of her own, was such as regards the circumstances under which she was .....

Sanjib Saha Vs. Smt. Bidisha Saha (Nee Roy)

Court : Kolkata

Reported in : AIR2006Cal214,2007(2)CHN681

..... lunatics within the bombay presidency as that which was vested in the said high court immediately before the publications of these presents.when one turns to the letters patents of 1862 which were in force at the time when the amended letters patent were granted, one finds that clause 16 of those letters patent ordained that the high court of judicature at bombay shall have the like power and ..... the petitioner here asked for discharge and removal of the respondent from acting as guardian of the minor person and the property and to give physical custody of the minor to the petitioner as well as property standing in her name and for appointing the petitioner as the guardian of the person and property ..... and herein, agreed as far as custody and maintenance of the said girl child who is now 8 years old are concerned, as follows:(a) the child shrabasti saha shall remain in the custody and care of her mother, the petitioner ..... applicant herein sanjib handed over the custody of the said child to the ..... relief cannot be granted as prayed for as by the consent decree and terms of settlement the petitioner has agreed to keep the girl in the custody of the respondent. ..... from making this prayer as he was neither an insane nor minor and keeping his eyes open and understanding everything had voluntarily given and/or relinquish the right of having custody. ..... of the power of the high court under clause 17 came to be examined by a special bench decision of the bombay high court reported in air 1941 bom 397. .....