Court : Kolkata
Reported in : (1999)2CALLT361(HC)
S.B. Sinha, J.1. Alhough the appeal was initially directed against an order dated 12.9.96 passed by a learned single Judge of this court, keeping in view the subsequent event, which had been note of by another Division Bench, before us now the validity or otherwise of the order dated 13.1.97 has fallen for consideration.2. The appellant allegedly purchased 118 sal logs, which bore 'passing hammer mark' and 'sale hammer mark', in Assam and brought the same in West Bengal. All original documents in relation to the said articles was said to have been deposited with the Range Officer, Moraghat Range for the purpose of obtaining transit pass. However, the logs were seized on 22.2.96. On or about 20lh February, 1996, a notice was Issued by the Beat Officer, Khuntimary, directing the appellant to show cause as to why the said logs had been brought without any hammer mark and valid document. The said notice reads thus :--'Whereas a search conducted by the undersigned at the premises located at...
Tag this Judgment!Court : Kolkata
Reported in : II(2004)BC101,(2003)3CALLT381(HC)
S.K. Mukherjee, J.1. This is to consider an application under Article 227 of the Constitution of India read with Section 115 of the Code of Civil Procedure challenging an order dated October 4, 2002 passed by Shri A. Bhattacharya, learned Civil Judge (Senior Division), Fourth Court at Alipore, District: South 24 Parganas in Title Suit No. 69 of 2002.2. By the order impugned the learned trial Judge rejected an application under Section 8 of the Arbitration and Conciliation Act, 1996 (the said Act of 1996 in short) filed by the defendant, the petitioner in this revisional application, on August 28, 2002.3. The association of the plaintiff, the opposite party No. 1 in this revisional application, with the defendant and its predecessor-companies was for a considerable period and the plaintiff was the dealer of various motor vehicles manufactured by the defendant and its predecessor-companies. From time to time the dealer agreements were entered into by and between the parties and on Januar...
Tag this Judgment!Court : Kolkata
Bhaskar Bhattacharya, J.1. Both the appeal and the cross-objection were taken up together for hearing.2. First we propose to take up the appeal for consideration.3. This appeal is at the instance of Insurance Company in a proceeding under Section 163A of the Motor Vehicles Act and is directed against an award dated 25th April, 2008 passed by the learned Judge, Motor Accident Claims Tribunal, First Court, Purulia, in M.A.C. Case No. 24 of 2007, thereby disposing of the said proceeding by awarding a sum of Rs. 4,12,500/- as compensation with a direction upon the Insurance Company to pay the said amount with interest @ 6% per annum from the date of filing of the application till final realisation within three months of the said award.4. Being dissatisfied, the Insurance Company has come up with the present appeal.5. Mr. Mahato, the learned advocate appearing on behalf of the claimant- respondent, at the very outset, has taken a preliminary objection as regards the maintainability of the p...
Tag this Judgment!Court : Kolkata
Reported in : AIR1955Cal608,1955CriLJ1578
J.P. Mitter, J. 1. Appellant Adwait Kumar Das was convicted under Section 409, Penal Code, and sentenced to undergo rigorous imprisonment for three months and to pay a fine of Rs. 100/-, in default, to undergo rigorous imprisonment for another fortnight2. The appellant was the registration cleric at counter No. II of Alipore Post Office from 24-10-1952 to 28-4-1953. Sometime before 28-4-1953, Postal Inspector P. W. 1, Nitish Chandra Bose, happened to inspect at the R.M.S. office some covers of the Alipore Post Office. His view was that some of the registered articles arid V. P. parcels emanating from the Alipore Post Office contained previously used stamps. Upon enquiry, it was learnt that the stamps in question had been issued by the appellant. The matter was reported to the Post Master General and under his direction P. W. 1, Nitish Chandra Bose and another official paid a surprise visit to Alipore Post Office at 11 a.m. on 28-4-1953. Later that day, at about 3 p.m. the appellant was...
Tag this Judgment!Court : Kolkata
Reported in : (1993)2CALLT269(HC)
R. Bhattacharyya, J.1. In the aforesaid criminal revision, twin question raises its head for decision passed, in connection with order No. 1 dated 24.3.90, by the learned Chief Metropolitan Magistrate for cognizance being taken on the basis of a batch of complaints of the Asstt. Commissioner in Case No. C/770/90.2. Most of the facts are no longer in dispute. The accused persons, as partners, were hauled up for commission of an offence Under Section 276B(ii)/278B of the Income Tax Act, 1961. The non payment of the tax deducted at source laid the seeds of initiation of the criminal proceedings despite the pecuniary obligations discharged by the partners beyond the statutory period.3. The question arises in this way. Mr. Bhattacharyya appearing for the revisionists has canvassed that no penal action lies against the firm as it is not a body corporate nor a juristic person. He has tried to impress on me that the code is meticulously silent about the prosecution of a firm in a criminal tria...
Tag this Judgment!Court : Kolkata
S.P. Talukdar, J.1. Challenging the notice dated 24th January, 2009, being Annexure-'P-2' at page 20, the petitioners filed this application under Article 226 of the Constitution. By the said notice, the Secretary of the Samsi Agril. High School (H.S.), invited applications for appointment of non-teaching staff in permanent vacancy. It was for the post of Clerk (both reserved for S.C. & General), Peon and two posts of Laboratory Attendants (one for General and the other reserved for S.T. category).2. Grievance of the petitioners, as ventilated by learned Counsel, Mr. Bhattacharjee on their behalf, relates to alleged illegality in such recruitment process. It was submitted by Mr. Bhattacharjee that the West Bengal School Service Commission (Amendment) Act, 2008 came into force on and from 1st January, 2009. By such amendment, all the recruitment in the post of Non-Teaching Staff in any Secondary School was required to be routed through School Service Commission. Section 7 of the Amendin...
Tag this Judgment!Court : Kolkata
Reported in : 2004(2)CHN46
Bhaskar Bhattacharya, J.1. By these two writ applications, State of West Bengal through Government of West Bengal, Health and Family Welfare Department and the Principal Secretary of such department have prayed for direction upon the respondent No. 1 not to raise untenable, unreasonable and unlawful objection to the grant of permission for setting up to two new medical colleges, one at Midnapore and the other at Kolkata and to pave the way for commencing the MBBS Course in those two colleges for academic session 2003-04. The petitioners have further prayed for declaration that permission for setting up such new medical colleges had already been given with effect from the expiry of one year from the dates of filing of the schemes in terms of section 10A, Sub-section (5) of the Indian Medical Council Act, 1956 (hereinafter referred to as 'the Act'), The petitioners have also prayed for consequential relief permitting them to admit students in those two colleges pursuant to such deemed pe...
Tag this Judgment!Court : Kolkata
Reported in : AIR1950Cal12
R.P. Mookerjee, J.1. The decree-holder opposite party obtained a decree on 15th May 1947, from the Court of Munsif, Jamalpur, within the district of Mymensingh, against 'The Governor-General of India in Council, New Delhi and B. A. Railway, having its Head Office at 3 Koilaghat Street, Calcutta.' The nature of particulars of the claim on which the decree was passed cannot be ascertained from the records. On 8th December 1947, the decree-holder applied to the Court of Munsif, Jamalpur, under Order 21 Rule 6, Civil P. C., for a certificate of non-satisfaction, A certificate was issued accordingly and a copy o! the order was, as applied for by the decree, holder, directed by the Munsif at Jamalpur to be sent to the Registrar, Court of Small Causes, Calcutta with a copy of the decree. This order was passed in Money Execution Case No. 86 of 1947. On 13th March 1948, the decree-holder opposite party filed in the Court of Small Causes, Calcutta, an application for execution of the decree so t...
Tag this Judgment!Court : Kolkata
Dipankar Datta, J.1. This is the second round of litigation between the same parties.2. In their earlier writ petition (W.P. No. 1571 of 2008), the petitioners averred that for setting up an automobile plant at P.S. Singur, District Hooghly to manufacture a passenger vehicle (Nano) and sell it in India at a price of Rs. 1,00,000/-, the first petitioner had entered into a Memorandum of Agreement (hereafter the MOA) with the Government of West Bengal and the West Bengal Industrial Development Corporation (hereafter the Corporation). According to the petitioners, information provided to the Government of West Bengal and the Corporation relating to manufacture of 'Nano' and as contained in the MOA, inter alia, 'is of a commercially confidential nature' and such information was imparted in confidence on the understanding that it would not be made public and that any disclosure contemplated would be subject to the provisions of Section 11 of the Right to Information Act, 2005 (hereafter the ...
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal145,1959CriLJ311,63CWN181
S.N. Guha Ray, J. 1. To the maintainability of this appeal on behalf of the complainant, Sk. Osman Gani, from an order of acquittal of the respondents Mr. Banerjee on behalf of the respondents has taken a preliminary objection on the two-fold ground, first, that it is not a case instituted upon a complaint so as to attract the provisions of Section 417 (3) of the Code Criminal Procedure and secondly that when the order of acquittal which is sought to be challenged in this appeal was passed the complainant had no right of appeal and the fact that by subsequent legislation a right of appeal was conferred on the complainant from an order of acquittal would not accrue to the benefit of the complainant so as to entitle him to file an appeal after this legislation came into force.2. The facts which are necessary to be stated for disposing of this two-fold objection of Mr. Banerjee are briefly as follows : On 2-2-1953 the complainant filed a petition of complaint against the respondents and o...
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