Court : Kolkata
Reported in : AIR1990Cal442,94CWN965
ORDERDesai, C.J. 1. The appeal is taken up for hearing by treating it as included in the day's cause list.2. In a pending writ petition between the appellant-association and the respondents, an ad interim order was made on October 31, 1988 in the following terms :'There will be an ad interim order directing the respondent Company to maintain statusquo as on the date with regard to the salary ' and other benefits of the workmen until further orders'.3. On June 13, 1989 an interim order was made in the following terms :** ** ** ** ** ** The interim order earlier passed will stand modified to this extent that such of the workmen, who are willing to enjoy benefits, if any, given pursuant to any bipartitie settlement to be arrived at, will not be bound by the same. Let it be recorded that this order has been passed without prejudice to the rights and contentions of the parties in this writ petition as also in the other writ petition pending before this Court.' 4. On December 19, 1989 the in...
Tag this Judgment!Court : Kolkata
Reported in : AIR1990Cal336,(1990)2CALLT212(HC)
ORDER1. This writ application was moved by the petitioner who is the General Secretary, Public Relations Department of the Ananda Margy Pracharak Sangha and the Ananda Margo Pracharak Sangha, a religious organisation propounded by Sri Ananda Murtiji, praying for a writ and/or a writ in the nature of mandamus commanding the respondents to act and proceed in accordance with law and to cancel, rescind and/or withdraw the impugned order dated 20th May 1987 and 27th May 1987 which are Annexure 'B' to the petition and also commanding the respondents to allow Tandava Dance in public procession of Ananda Margas on the occasion of its principal religious functions and festivals such as (i) Ananda Purnima, (ii) Shravani Purnima, (Hi) Vijaya Dashami, (iv) Dipavali, (v) New Years Day, (vi) Phalguni purnima (Vasantotsava) and (vii) Dharma Maha Chakras and Dharma Maha Sammelanas.2. By the letter dated 20th May 1987 the Commissioner of Police informed the petitioner No. 1 that the permission for publ...
Tag this Judgment!Court : Kolkata
Reported in : (1990)2CALLT282(HC),94CWN884
A.M. Bhattacharjee, J.1. The petitioner, who contested a parliamentary election without success, has filed this petition for a Writ to direct the Respondents 'to supply the report submitted by the Observer appointed by the Election Commission in respect of 'the said parliamentary election. The election in question was held on 24th November, 1989 and this petition has been filed on 8th January, 1990, when admittedly the period prescribed for filing an election petition challenging the election in question has already expired, the period prescribed being forty-five days from the date of election of the returned candidate.2. The petitioner has not, as asserted by him repeatedly in the petition and also by his learned Counsel during the hearing, prayed for setting aside of the election nor for any relief in respect of the result declared. He could not obviously do so with Article 329 of the Constitution starting at the face prohibiting any challenge to such election except by an Election P...
Tag this Judgment!Court : Kolkata
Reported in : 1991CriLJ922
Ajit Kumar Sengupta, J.1. This appeal is directed against the order of conviction and sentence of the appellant under Section 409 of the Indian Penal Code. The appellant was sentenced to suffer imprisonment for a period of one year and to pay a fine of Rs. 1,000/- in default, further rigorous imprisonment for three months. Two specific charges were framed-- one under Section 409 of the Indian Penal Code for criminal breach of trust and the other under Section 5(1)(c) read with Section 5(2) of the Prevention of Corruption Act. The prosecution, however, did not press the second charge and, accordingly, it was expunged by the order of the learned Special Court dated 29th April, 1975. The case, therefore, proceeded under Section 409 of the Indian Penal Code.2. Shortly, the case of the prosecution is that Jitendra Nath Bose, the accused was the Head Cashier of the Calcutta State Transport Corporation, Lake Depot, Calcutta. He is a public servant within the meaning of Section 21(22) of the I...
Tag this Judgment!Court : Kolkata
Reported in : (1991)1CALLT37(HC),94CWN950
Amulya Kumar Nandi, J.1. Two short points arise for consideration in this revision. viz. what is meant by repair within the meaning of Section 34 of the West Bengal Premises Tenancy Act, and whether one of the joint tenants or teaants-in-common can maintain an application under Section 34 of the West Bengal Premises Tenancy Act hereinafter called the Act.2. One Benoy Krishna Bhattacharya was a tenant under the opposite parties Dilip Kumar Bose and Dipti Kumar Bose in respect of two rooms, one kitchen, one privy and a bath in the back portion of the ground floor of premises No. 12, Kalidas Singhi Lane. The house being old stood in need of repair. The landlords started Municipal facility Case No. 1869 of 1968 in the court of Small Causes Calcutta under Section 575 of the Calcutta Municipal Act, 1951 and obtained an order on 13.11.68. The Court directed the tenant to afford all reasonable facilities to the landlord to comply with the requisition of the Corporation for repair of the house....
Tag this Judgment!Court : Kolkata
Reported in : [1992]73CompCas385(Cal)
Sengupta, J. 1. Upon the petition of complaint filed by the opposite party,the learned Metropolitan Magistrate, Eigth Court, Calcutta, directed issuanceof summons against the petitioners, one of whom is a public limited companyand the other its managing director to answer charges under Section 141, readwith Section 138, of the Negotiable Instruments Act, 1881. 2. In the petition of complaint, it has been, inter alia, alleged : (a) Against supply of steel rounds to the petitioner company, two cheques bearing No. 1277900, dated January 28, 1989, for Rs. 2,00,000 and No. 1277903, dated February 10, 1989, for Rs. 1,50,000 were issued in favour of the complainant's firm, namely, M/s. Standard Engineering Company, 40, Strand Road, Calcutta-1, by the petitioner-company acting through its managing director, i.e., the second petitioner, drawn on Indian Bank, Main Branch; Coimbatore. (b) In due course, the said cheques were presented with the complainant's bank, viz., Oriental Bank of Commerce,...
Tag this Judgment!Court : Kolkata
Reported in : [1990]183ITR532(Cal)
M.N. Roy, J.1. This application for appropriate interim orders, amongst others, was filed in an appeal : [1990]183ITR528(Cal) (supra), which has been presented against the judgment arid order dated March 9, 1990, whereby a learned single judge of this court rejected the writ petition which was moved against three orders, all dated February 16, 1990, relating to the assessment years 1984-85, 1985-86 and 1986-87 passed by the Assistant Commissioner of Income-tax, Central Circle-XXI, Calcutta, refusing to grant stay of realisation of the demand as disputed for the said assessment years pending disposal of the first appeal.2. The appellant/petitioner (hereinafter referred to as the said 'company') is, admittedly, an existing public company and carries on manufacturing, amongst others, of tyres and tubes and has claimed to be maintaining accounts on the basis of the English calendar year ending on December31 of every year and the method of accounting adopted is the mercantilebasis. It has b...
Tag this Judgment!Court : Kolkata
Reported in : (1990)1CALLT373(HC)
Bimal Chandra Basak, J.1. These appeals by the Regional Provident Fund Commissioner, West Bengal (hereinafter referred as to R.P.F.C.) are directed against orders passed by the learned Company Judge of this Court in an application under Section 633(2) of the Companies Act (hereinafter referred to as the said Act) whereby the learned Judge passed an order in favour of the petitioners.FACTS2. We shall set out herein below the operative portion of the certified copy of the order as drawn up and included in the Paper Book (Later on, we shall refer-to the signed copy of the Minutes' of the order passed, as recorded by the Court Officer, as certain submissions have been made relying on the same).'Upon the application by summons dated this day of the abovenamed Ravindra Chatnaria, Jyotirindra Mohan Roy, Bajranglal Saraogi and Rajat Chakraborty (hereinafter referred to as the said applicants) filed this day and upon hearing Mr. Tapas Banerjee (Mr. R. K. Lala and Mr. K. R. Das appearing with hi...
Tag this Judgment!Court : Kolkata
Reported in : 1990CriLJ2012
M.N. Roy, J.1. The appellant above-named, on or about 20th August 1977, filed a petition of complaint in the Court of the learned Chief Metropolitan Magistrate, Calcutta, against respondent No. 1 and other four Police officials alleging the commission of offences under Sections 325, 331, 348 and 509 of the Indian Penal Code and the learned Magistrate after perusing the complaint took cognizance and thereafter, examined the complainant and nine other witnesses and by an order dated 17th October 1977, diercted the issue or summons against respondent No. 1 under Sections 166, 333/34, 331/34, 348/34 and 509 of the Indian Penal Code and also directed the issue of summons against the other four accused persons more or less of similar sections as indicated earlier. Thereafter, by an order dated 20th December 1978, the learned Magistrate committed the respondent No. 1 along with others to the City Civil and Sessions Court, Calcutta for trial under the sections as mentioned above.The case of th...
Tag this Judgment!Court : Kolkata
Reported in : [1992]74CompCas304(Cal)
Bimal Chandra Basak, J. 1. These appeals are directed against a decree passed in favour of various banks, mostly nationalised banks, in various suits instituted by them for money decrees on account of amounts lent or advanced by them and for other reliefs.2. Some important questions of law are raised before us in connection with these suits which also arise in various other proceedings of this nature from time to time. The questions involved relate to (a) the interest for the period prior to the institution of the suit ; (b) interim interest, that is, interest from the date of the institution of the suit till the date of the decree ; (c) further interest, i.e., interest on judgment ; and (d) instalments to be granted, if any, for payment of the decretal amount.3. Various suits were instituted in this court by different nationalised banks for recovery of huge amounts due from their constituents on account of moneys lent and/or advanced by the banks. In these cases, money decrees were pa...
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