Kolkata Appellate Court December 2010 Judgments
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Ram Sevak GuptA. Vs. Union of India and ors.
Court: Kolkata Appellate
Decided on: Dec-24-2010
1. In the instant case, we are required to decide whether any illegality can be allowed to be sustained on the sole ground of delay and laches. 2. The petitioner herein is aggrieved by the judgment and order dated 31 st August, 2007 passed by the Central Administrative Tribunal, Calcutta Bench whereby and whereunder the said learned tribunal refused to entertain the original application filed by the said petitioner and accordingly dismissed both the original application being O.A. 257 of 2006 and the connected application being MA 235 of 2006 on the ground that the same were time barred. 3. From the records we find that the petitioner herein applied for the post of Assistant Station Master in response to an advertisement issued by the Railway Recruitment Board. The Railway Recruitment Board thereafter, conducted written examination as well as viva voce for the purpose of selecting candidates. The petitioner was selected in the said written examination and viva-voce test. Accordingly, t...
Sri Subir Banerjee Vs. Union of India and ors.
Court: Kolkata Appellate
Decided on: Dec-24-2010
1. In the instant application the judgement and order dated 28.02.2008 passed in F.M.A. No. 744 of 2007 have been sought to be reviewed by the appellant on grounds of dismissal of the same on technical grounds without considering the merits and all the facts on record and pleaded.2. The appellant/petitioner contends that his father was a lower division clerk in the headquarter, Calcutta sub-area Alipore. On account of death of his father in harness on 8th February, 1987 on compassionate grounds he was provisionally appointed as a messenger against regular vacancy with effect from 1st February, 1992. But on a few occasion he could not attend his duty and by a letter dated 18th June, 1996 Brigadier, O.H.G. G.O.C. issued notice of termination of his service under Rule 5(1) of the Central Civil Services) Temporary Service 1995 intimating the petitioner that his service will be terminated with the expiry of a period of one month. He was also not given salary in proper time. According to the...
M/S. Jessop and Co. Ltd. Vs. Aditya Estate Developers and ors.
Court: Kolkata Appellate
Decided on: Dec-23-2010
1. This Court has heard the learned Counsels for the respective parties. The facts of the case, briefly, are as follows: - 2. The plaintiffs/respondents filed title suit No. 301 of 1998 against the defendant/appellant and such suit was placed before the learned Third Court of Civil Judge, (Junior Division) at Sealdah. The plaintiffs in the said suit prayed for a declaration that the defendant-company, a Government Undertaking, is a mere licensee or a lessee at sufferance on and from 1.5.1969 and also a decree for eviction against the said defendant. The plaintiffs further prayed for damages and mesne profits with effect from 1.8.1998 till the defendant is evicted in due course of law and also a decree for a permanent injunction. The plaintiffs case was that Smt. Mahamaya Dutta and 29 others were the joint owners of premises No.33, Khudiram Bose Sarani, Calcutta 700028 with building structure and garden and the defendant was inducted in the suit property by the predecessors of the plain...
Tirtha De Vs. the State of West Bengal
Court: Kolkata Appellate
Decided on: Dec-23-2010
1. FACTSOn or about March 20, 2006 one Tirtha Kumar Dey of village Singrapur in the district of Hooghly made a written complaint to Goghat Police Station. As per his complaint, Tirthas daughter Shampa got married with Ashok Mondal being the Appellant no.1 above named. On March 19, 2006 Shampa committed suicide at her in-laws place. Her husband Ashok, father-in-law Santinath, mother-in-law Bimola and brother-in-law Taraknath subjected Shampa to mental torture. Complainant also asserted that his daughter had committed suicide by way of hanging due to unbearable torture. Police acted on the said complaint, held inquest and got the dead body examined by the Autopsy Surgeon being PW-17 The Autopsy Surgeon opined, death was due to the effects of hanging as noted above - ante mortem in nature. The Police carried out the investigation and charged Asoke, Santinath, Taraknath and Bimala inter alia under Section 498-A read with Section 306 of the Indian Penal Code.All the three accused pleaded no...
Sanjib Kumar Ghosh. Vs. Rabi Ganguly.
Court: Kolkata Appellate
Decided on: Dec-23-2010
1. The instant application Under Article 227 of the Constitution of India, is directed against the order dated 6th November, 2008 passed by the learned 6th Civil Judge (Junior Division) at Alipore in Rent Control Suit No.289 of 2004. From the materials on record it could be gathered that the present opposite party by filing the aforesaid Rent Control Suit No.289 of 2004 prayed for a decree for recovery of Khas possession in respect of the tenanted property as also for certain other reliefs against the petitioner. The present petitioner appeared in the said suit and filed a petition Under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 as also the written statement. The learned Court below with a view to disposing of the application Under Section 7(2) of the West Bengal Premises Tenancy Act, 1997 examined the petitioner as PW-1 in full on 10th August, 2007 and subsequently plaintiffs son was examined as O.P.W-1 in part and next date was fixed on 20th November, 2007, but the m...
Hare Krishna Chakraborty. Vs. the State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Dec-23-2010
1. In the instant appeal the legality and propriety of the judgement and order passed by a Learned Judge of this Court in W. P. No. 23678(W) of 2005 has been challenged. 2. The brief facts of this case is that the petitioner appellant is a science graduate from the University of Calcutta. On 9th March, 1999 the managing committee of Dhakuria High School (Chandpara) under Gaighata P.S. of District North 24 Parganas took a resolution to appoint the petitioner temporarily to the post of clerk. Accordingly on 15th March, 1999 appointment letter was issued in his favour by the Secretary of the school asking him to join. Accordingly he joined as a clerk on 01.04.1999 and is continuing in service since then. On 17.01.2004 the managing committee decided to fill up the vacant post of clerk and accordingly the headmaster concerned on 17.02.2004 approached the Additional District Inspector of Schools (S.E.), Bongaon sub division to accord permission for filling up the said post of clerk. 3. On re...
Dr. Barun Banerjee and anr. Vs. the State of West Bengal and anr.
Court: Kolkata Appellate
Decided on: Dec-23-2010
1. In the instant revisional application the legality and propriety of the proceeding in C. R. Case No. 1049 of 2007 under Section 406/120B IPC and order passed therein dated 04.10.2007 now pending before the Learned Judicial Magistrate, 2nd Court, Siliguri has been called in question with prayer for quashing of the same. 2. Both the petitioners contend that the petitioner no. 1 is the father-inlaw of the defacto complainant, i.e., the opposite party no. 2 and the petitioner no. 2 is her mother-in-law. Their son was married to OP No. 2 on 22.11.2004 in accordance with Hindu rites and customs and after marriage they led conjugal life at the place of vocation of his son Som Sankar Banerjee at Mumbai. In the month of June 2005 his son was transferred to Bangalore where the OP No. 2 used to reside with him. On 23.02.2006 the OP No. 2 left her matrimonial home at Bangalore with her belongings along with her mother and brother and their attempt to bring her back was proved to be abortive. Hi...
Sayeda Saleha Noor at Lizu Vs. the State of West Bengal and anr.
Court: Kolkata Appellate
Decided on: Dec-23-2010
1. In the instant application being CRAN 1492 of 2010 the petitioner, Shehnaz Quadery has prayed for adding her as an opposite party in CRR No. 3387 of 2009 filed by the petitioners therein for quashing of the entire proceeding. 2. Learned lawyer for the petitioner applicant has submitted that Sash Hazari Wakf Estate was created in pursuance of a forman issued by Mughal emperor. In 1941 the said Wakf estate has been duly enrolled with the Wakf Board with the object of various purposes including maintenance of the Piran-e-Pir Darga Sheriff. After death of former Mutwali Syed Shamsur Rahaman the present applicant being daughter of Syed Shamsur Rahaman and one Rubee Noor, daughterin-law of deceased Samsun Nahar Begum became joint Mutwali in respect of the said Wakf property which was approved by the Board of Wakf in its meeting held on 12.11.2002 and 24.12.2002 and in a communication dated 31.12.2002 it was further communicated by the Board that their tenure was for a period of five years...
Ujjal Nag at Ujjal Kumar Nag Vs. Sunil Kumar Das and ors.
Court: Kolkata Appellate
Decided on: Dec-23-2010
1. In the instant applications, analogous in nature, the legality and propriety of the order dated 29.05.2009 passed by the learned Additional Sessions Judge, 2nd Court, Suri, Birbhum in Criminal Appeal No. 11 of 2008 arising out of judgement dated 25.09.2008 passed by the learned Judicial Magistrare, Bolpure in connection with G. R. Case No. 360 of 1987 has been challenged. 2. The petitioner Ujjal Nag, @ Ujjal Kumar Nag has filed the application being C. R. R. No. 3474 of 2009 against three opposite parties namely, Sunil Kumar Das, Jitendra Kumar Das and Nemai Chandra Mondal contending inter alia, that he along with his family members used to stay at his residence where he also runs a shop for repair and sale of torch light and gas light etc. On 30.09.1987 the said accused persons entered into his premises and shop, assaulted the members of his family and destroyed and damaged domestic articles, essential materials and goods of the said shop. Therefore, he lodged a complaint before th...
M/S. D. R. Steel and Industries Pvt. Ltd. and ors. Vs. the State of We ...
Court: Kolkata Appellate
Decided on: Dec-23-2010
1. In the instant application under Section 482 Cr.P.C. the legality and propriety of criminal proceeding being case no. C/2025 of 2006 under Section 138/148 of the Negotiable Instruments Act now pending before the Learned Metropolitan Magistrate, 13th Court, Calcutta has been challenged. 2. It is contended that the petitioner no. 1 is a registered company under the Companies Act, 1956 while the petitioner nos. 2 and 3 were Directors of the company. The petitioner no. 3, however, has resigned from the board of directors and shareholdership on 28.11.1996 which was duly communicated to the Registrar of companies by filing form no. 32 which was received by them on 10.12.1996. The opposite party no. 2 is also a company who has filed the above complaint being case no. C/2025 of 2006 against the petitioner no. 1 company and ors. alleging inter alia, that in discharge of existing legal debts and liabilities the accused person issued six cheques in favour of the opposite party no. 2 amounting ...
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