Criminal P.C. (2 of 1974) , S.438— Anticipatory bail - Application for - Offence of rape - Submission that applicant is major and she was consenting party - Applicant is ready and willing to cooperate with investigation - Application allowed.

(Para 7)

Kolkata Municipal Corporation Act (59 of 1980) , S.174— Constitution of India , Art.227— Determination of annual valuation - Modification - On basis of judgment of self same Tribunal passed in relation to another flat of same building - Judgment relying upon which modification in annual valuation made has been set aside - Hence foundation on which impugned judgment was written does not exist anymore - Moreover while modifying order of Hearing Officer, Municipal Assessment Tribunal had not given any cogent reason for such modification - In exercise of power under Art. 227, modification order, set aside.

(Para 15 16 17)

Constitution of India , Art.311, Art.16— Termination of services - Challenge as to resolution passed by Committee - Petitioners are gardeners of Indian Statistical Institute (ISI) working as contractual employee - Minutes of meeting and decision taken in meeting as to outsourcing job for which petitioners were engaged found to be wholly unreasonable - In autonomous institution, no Government officer can dictate terms as if standing on higher pedestal as has been done by some Government Officers in said meeting - No serious financial irregularity has been shown - Resolution that ISI should procure cooking and gardening services by following due procedure on GeM, quashed - ISI directed to consider about giving permanent employee status to petitioners as artificial breaks were given in their contractual periods.

(Para 4 7 8)

Criminal P.C. (2 of 1974) , S.439— Bail - Offences punishable under Ss. 376, 506, 450 of Penal Code - Prosecutrix found to be consenting party - She agreed to marry with accused - Trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with prosecution case - Considering facts and circumstances of case, without commenting on merits of case, bail granted.

(Para 6)

Arbitration and Conciliation Act (26 of 1996) , S.11(6)— Appointment of arbitrator - By Court - Dispute arising out of Consortium Agreement entered into between parties for participating in tender process - Respondent-company failed to establish letters of credit in favour of petitioner-company to import plant and machinery for purpose of extraction of coal - It also failed to clear payments under different invoices - Many other disputes arose between parties - In order to resolve such issues, various communications took place between parties, but those were of no avail - Thereafter, petitioner invoked arbitration - Respondents also agreed that disputes are arbitrable and it has no objection if Court appoints Arbitrator - Former Chief Justice of India appointed as sole Arbitrator to adjudicate dispute between parties.

(Para 5 8 9)