Court : Kolkata
Reported in : AIR1990Cal168,94CWN531
ORDERDesai, C.J. 1. The appeal is taken up for hearing by treating it as included in the day's cause list.2. The appeal arises out of an order passed by the trial Court on April 6, 1989 in C.R. No.713(W) of 1988. The appeal raises the question as to the power, authority and jurisdiction of the trial Court (Mr. Justice Bhagabati Prasad Banerjee) to pass the said order. 3. The appellant (Sohanlal Baid) is the original Writ Petitioner. The eighth respondent herein initiated a proceeding against the appellant and a few others including Chhaganlal Baid and Kundanmall Baid, under Section 156(3) of the Code of Criminal Procedure, in the Court of the Additional Chief Judicial Magistrate at Sealdah, 24-Parganas (South), seeking investigation in respect of an alleged offence punishable under Section 380 of the Indian Penal Code. The said Court directed the fifth respondent herein to inquire into the complaint and to submit a report. The case was thereupon registered as Chitpur Police Station Cas...
Tag this Judgment!Court : Kolkata
Reported in : AIR1966Cal31,(1966)ILLJ535Cal
Bose, C.J.1. This is an appeal torn an Order of B'anerjee, J. dated the 13th November 1963 quashing an award of an Industrial Tribunal and remanding the matter for rehearing by the Tribunal in accordance with the directions given in the Order. 2. The respondent Parry and Co. Ltd. carries OH business all over India as Merchants, Importers, Selling Agents and manufacturers having its Head Office in Madras. In Calcutta the principal business of the respondent Company consisted ol: various agencies for sale of products of diverse well-known companies. The respondent Company also carried on manufacturing activities on a small scale at a small Engineering Workshop at Kidderpore. In 1954 the respondent Company is alleged to have suffered losses due to decline in business and, effected retrenchment of some staff with the permission of the Labour Appellate Tribunal. 3. The case of the respondent Company is that the business was affected as a result of import restrictions and other factors. In 1...
Tag this Judgment!Court : Kolkata
Reported in : AIR1957Cal534,61CWN630
ORDERSinha, J. 1. The petitioner in this case challenges the validity of the City Civil Court Act, being West Bengal Act XXI of 1953, which was passed by the West Bengal Legislature and has received the assent of the President, such assent being published in the Calcutta Gazette, Extraordinary, dated the 1st September 1953. It is stated to be an Act to establish an additional Civil Court for the City of Calcutta. It is to be called the City Civil Court Act, 1953, and was to come into force on such date as the State Government might by notification in the Official Gazette, appoint. For the purposes of this application the following provisions of the Act are important:---''3. (1). The State Government may, by notification in the Official Gazette, establish a Civil Court to be called the City Civil Court. (2). The City Civil Court shall be deemed to be a Court subordinate to and subject to the superintendence o the High Court within the meaning of the Letters Patent for the High Court and...
Tag this Judgment!Court : Kolkata
Reported in : [2000(86)FLR508],(2000)ILLJ992Cal
ORDERS.B. Sinha, A.C.J.1. The sole question which arises for consideration in this appeal is whether the Special Officer (Administration) of the first respondent herein was competent to pass an order of punishment unto the appellant herein. The facts of the matter are as follows:2. The appellant was a conductor appointed by the Depot Manager, Belghoria Depot on or about May 10, 1967. Admittedly a disciplinary proceeding was initiated and by reason of an order dated April 18, 1978, the Special Officer (Administration) had issued a charge sheet against him. The Enquiry Officer appointed to enquire into the charges, submitted a report on or about June 5, 1978 whereby and whereunder, the charges levelled against the petitioner have been held to have been proved. The Special Officer (Administration) thereafter issued a second show cause notice which was questioned by the appellant by filing a writ application praying, inter, alia;'(a) Declaration that the second show cause notice dated June...
Tag this Judgment!Court : Kolkata
Reported in : AIR1969Cal95
ORDERD. Basu, J.1. Common questions of law have been raised by these two petitions brought by two employees of the Durgapur Steel Plant appertaining to the Hindusthan Steel Ltd.2. In C. R. 1330, the Petitioner was the General Manager, who was appointed on 9-4-65 by the order of the President of India, which is at Annexure A, The Petitioner alleges that in the first week of July. 1967, he was verbally asked to resign by Sri Rao, Chairman of the Hindusthan Steel Ltd., (Respondent No. 4). On the 17th July, he was handed over the impugned letter at Ann. B, by the Chairman. This letter states that-(a) Government 'have decided to terminate your services ......... with effectfrom the forenoon of the 19th July, 1967'; (b) The Petitioner had, however, the option of submitting resignation, which would be readily granted; (c) The Petitioner might also terminate the contract with the Hindusthan Steel by sending a notice with a leave application before the 19th July, in which case he would be grant...
Tag this Judgment!Court : Kolkata
Reported in : (1998)3CALLT348(HC)
P.S. Mishra, C.J.1. I have the privilege to go through the separate but concurring judgments of S.K. Sen, J and S.B.Slnha, J.2. It is indisputable that procedural laws are meant to advance justice and the same must apply to Order 47 rule 5 of the Code of Civil Procedure. A superior court apart from its power under section 229 read with section 4 of the Code of Civil Procedure coupled with its power under Letters Patent as a matter of general policy may frame its procedural rules. This court has framed Original Side Rules as well as Appellate Side Rules of Procedure for civil cases as well as for petition under Art. 226 of the Constitution of India. In High Court of Judicature for Rqjasthan v. Ramesh Chand Paltwal, : (1999)ILLJ885SC the Supreme Court has set at rest any controversy as respects power of the Chief Justice to constitute a bench of two or more Judges to decide a case or any question of law formulated by a bench hearing a case. It is pointed out by the Supreme Court that the...
Tag this Judgment!Court : Kolkata
Reported in : AIR1967Cal461,(1969)ILLJ290Cal
Masud, J.1. This is an appeal against the judgment and decree dated 2nd August, 1961 whereby the plaintiff-respondent was granted a declaration that the order terminating her service was bad in law and was also awarded a decree for Rs. 30,000/- with a condition that if payment was made by the Union of India and the latter would not prefer an appeal, the plaintiff would be willing to accept Rs. 20,000 in full satisfaction of her claim. The facts of the case may be briefly stated as follows:2. The plaintiff, Srimati Jyotirmoyee Sharma by a letter in writing dated 7th June 1949, was appointed to a permanent post of Anthropologist in the Department of Anthropology on an initial salary of Rs. 440 p. m. Prior to such appointment she was already working as a temporary Anthropologist in the said department. She was selected for the new post in pursuance of an advertisement issued by the Federal Public Service Commission for recruitment of one Anthropologist in the Anthropological Survey of Ind...
Tag this Judgment!Court : Kolkata
Reported in : AIR1963Cal373
ORDERP.B. Mukharji, J. 1. If France had once been the inspiration of European culture, French Chandernagore can at least sun be described as a prolific source here of Indian Constitutional law. Numerous cases have come to the Court from what used to be the French Settlement of Chandernagore and their decisions now enrich the constitutional law of India. The petitioners in this case from Chandernagorechallenge the validity of a requisition of land under Section 3(1) of the West Bengal Land (Requisition and Acquisition) Act of 1948 (West Bengal Act II of 1948). If the decayed City gates of former French Chandernagore still display the three famous ideals of the French Republic from out of the French Revolution, 'Liberte, Egalite and. Fraternite', this petition from Chandernagore, by a strange irony of fate, claims neither equality, nor fraternity with the rest of India. This petition claims that this West Bengal statute should be excluded from what was formerly known as the french Chande...
Tag this Judgment!Court : Kolkata
Reported in : AIR1959Cal672,62CWN889
ORDERH.K. Bose, J. 1. This is an application for confirmation of a reduction of capital. The petitioner is a public limited company which was incorporated in June 1945 under the Indian Companies Act, 1913. Its registered office is at 12, India Exchange Place, Calcutta. It carries on business of manufacturers, importers and exporters of radios, radiograms, gramophones, refrigerators, cables, electric switches, switch gears and other electrical goods and equipments. The authorised capital of the company is Rs. 50,00,000/- divided into 3,75,000 ordinary shares of Rs. 10/- each, 10,000 five per tent, cumulative participating preference shares of Rs. 100/- each and 50,000 deferred shares of Rs. 5/-each. The total paid up capital of the company is Rs. 29,20,300/- made up as follows: (i)1,89,985 Ordinary shares of Rs. 10/- each...Rs. 18,99,850/-(ii)8452 preference shares of Rs. 100/- each...Rs. 8,45,200/-(iii)35,050 deferred shares of Rs. 5/- each...Rs. 1,75,250/- Total...Rs. 29,20,300/-2. Th...
Tag this Judgment!Court : Kolkata
Reported in : AIR1956Cal378,60CWN555
ORDERSinha, J.1. There are four petitioners in this application. One of them is a sitting member of the West Bengal Legislative Assembly. The other three describe themselves as 'Citizens of West Bengal', by which they undoubtedly mean Citizen of the Indian Union residing in the State of West Bengal. The Union of India and the State of West Bengal have been made party respondents (No. 4 and No. 2). The other respondents are, Dr. Bidhan Chandra Roy, the Chief Minister of West Bengal (No. 3) and the Speaker of the West Bengal Legislative Assembly (No. 1).The prayers in the petition are all-embracing. They seek for the issue of a medley of high prerogative writs, including the writs of mandamus, certiorari and quo-warranto. They seek to restrain the Chief Minister from functioning or drawing his salary, to injunct the Speaker from presiding over the legislature, and generally to paralyse the administration of the State interalia by stopping recourse to the consolidated fund.At the hearing,...
Tag this Judgment!