Kolkata Appellate Court March 2011 Judgments
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Krishnapur Jadhunath Madhab Chandra High School. Vs. the State of West ...
Court: Kolkata Appellate
Decided on: Mar-31-2011
1. The legality and/or validity of the decision of the West Bengal Board of Secondary Education which was taken by the committee constituted under Section 24 of the West Bengal Board of Secondary Education Act, 1963 in its meeting held on 14th July, 2009 on the issue regarding grant of approval to initiate disciplinary proceeding (2nd stage) against the charged employee namely the respondent no. 3 herein, is under challenge in this writ petition at the instance of the school authority. The said decision of the Board was communicated to the Secretary of the Managing Committee of Krishnapur Jadhunath Madhab Chandra High School by the Deputy Secretary Administration of the Board by his letter under Memo No. 24/124/C dated 26th August, 2009, being annexure P-6 to this writ petition at page 73. 2. Let me now consider as to how far the Board was justified in taking the aforesaid decision in the facts of the instant case. 3. Earlier a disciplinary proceeding was initiated by the Managing Comm...
Sunil Biswas at Amar. Vs. State of West Bengal
Court: Kolkata Appellate
Decided on: Mar-31-2011
1. The present revisional application has been filed praying for quashing of the entire proceeding including charge sheet filed in connection with Karimpur Police Station Case No. 77 of 2007 dated 23.10.2007 corresponding to G. R. Case No. 531 of 2007 now pending before the Court of learned Additional Chief Judicial Magistrate, Tehatta, Nadia. 2. The petitioner contends that on the basis of a written complaint dated 23.10.2007 the aforesaid case was started on the allegation made by Gour Kishor Roy, the de facto complainant, alleging inter alia, that his daughter Yogmaya Biswas (Roy), aged about 38 years was given marriage to Ashis Biswas on 18th Falgun 1412 BS. But immediately after the marriage she was subjected to mental and physical torture. On 22.01.2007 at about 9:30 PM the de facto complainant came to know that the accused persons murdered his daughter and some unknown persons left the body of the deceased at Karimpur Hospital. On receipt of such complaint by the Police Station ...
Nobir MiA. Vs. State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Mar-31-2011
1. In the instant application under Section 401 read with Section 482 Cr.P.C the judgement and order dated 22.12.2009 passed by the learned Additional Sessions Judge, Fast Track Court-I, Dinhata, Cooch Behar in Sessions Trial No. 2(v) of 2009 and Sessions Case No. 93 of 2009 arising out of Dinhata P. S. Case No. 65/08 dated 25.02.2008 under Section 498A/306 of the Indian Penal Code has been assailed. By the judgement and order the learned trial Judge acquitted the accused opposite party of all charges. Being aggrieved by and dissatisfied with such findings the de facto complainant has preferred this application contending inter alia, that the findings of the learned Trial Judge is perverse in as much as he has failed to appreciate the evidence adduced by the prosecution to prove the allegation of abatement by the relatives to commit suicide on demand of dowry followed by subsequent torture. It is contended that there are sufficient evidene on record to show that the victim was ill-trea...
Chowdhury Masiar Rahaman. Vs. State of West Bengal and anr.
Court: Kolkata Appellate
Decided on: Mar-31-2011
1. The present revisional application is filed for quashing the entire proceeding in CGR Case no. 4213 of 2008 arising out of Ekbalpore P.S. Case No. 559 dated 28.11.2008 under Section 338 of the Indian Penal Code including order dated 05.05.2010 passed therein, which is now pending before the Court of the learned Chief Judicial Magistrate, Alipore. 2. The petitioner contends that his minor daughter aged about seven years was a student of Vidya Bharati (Mominpur). She was mercilessly beaten up by her Yoga Teacher Anita Das on 27.11.2008 on flimsy ground while her head got struck with a pillar and as a result she sustained cerebral haemorrhage. Though some symptom of her physical distress was manifested, she was forced to continue with the lesson till she became lost her sense. Then at a belated stage she was moved to CMRI hospital under deep coma where she died on 28.11.2008. He lodged a complaint to this effect to the Ekbalpore Police Station disclosing a cognizable offence but the Of...
St. Teresa’s School Vs. the District Consumer Redressal Forum and or ...
Court: Kolkata Appellate
Decided on: Mar-31-2011
1. In spite of service none appears on behalf of the respondent nos. 2, 3 and 4 at the time when the application is taken up for hearing. The respondent no.1 is represented by its lawyer. 2. St. Teresas School, Bolpur, in the District of Birbum is a co-education English medium school. The said school has about 1,000 students upto Class IX. The schools prayer for grant of affiliation for allowing its students to appear in the Boards Examination under ICSE Board, New Delhi is pending for considering before the I.C.S.E Board, New Delhi. 3. The Government of West Bengal implemented the Fifth Pay Commission in 2009. One of the conditions which is required to be fulfilled by the school authority for granting no objection by the State Government in connection with its prayer for affiliation is that the school authority must undertake to pay the salary to its teaching and non-teaching staff as per the pay scale of the teaching and non-teaching staff of the Government school and/or the Governme...
Lav Jhingan. Vs. State of West Bengal and anr.
Court: Kolkata Appellate
Decided on: Mar-31-2011
1. Since some common issues are involved in all these revisional applications the same are taken up together for consideration and disposal by a composite order. 2. In all these revisional applications the petitioner has claimed that he was one of the six Directors of M/s. Caritt Moran and Co. Pvt. Ltd. and retired from the post of Director of the company on 12.03.2009 and was not in charge of day to day affairs of the accused company. Yet he has been falsely implicated in the proceedings being case nos. C/5687/2009, C/5688/2009, C-5689/2009 and C/5690/2009 respectively under Sections 138/141 of the Negotiable Instruments Act now pending before the learned Metropolitan Magistrate, 13th Court, Calcutta. In all these cases the cheques issued by the company on different dates were dishonoured on the grounds of ACCOUNT CLOSED. In fact as the petitioner was in no way connected with the day to day affairs and management of the company at the time of issuing those cheques he was not liable in...
Kaneez Begum. Vs. Noel Patrick.
Court: Kolkata Appellate
Decided on: Mar-30-2011
1. This application is at the instance of the plaintiff and is directed against the order no.114 dated January 3, 2011 passed by the learned Civil Judge (Junior Division), Second Court, Sealdah in Title Suit No.595 of 1993. 2. The short fact is that the plaintiff instituted a suit being Title Suit No.595 of 1993 for ejectment, damages and other reliefs against the opposite party before the said Court. The opposite party entered appearance into the said suit on January 17, 1994. Thereafter, the defendant prayed for several adjournments to file a written statement. Ultimately, he did not care to file his written statement and as such, the suit was decreed ex parte against the opposite party on September 8, 1995. 3. Thereafter, the defendant filed an application under Order 9 Rule 13 of the C.P.C. but that application was dismissed. The defendant preferred a misc. appeal and he got the order of setting aside the ex parte decree from the Appellate Court. Thereafter, the plaintiff filed an ...
Samser Gaji and ors. Vs. Sultan Alam and ors.
Court: Kolkata Appellate
Decided on: Mar-29-2011
1. This application is at the instance of the defendant nos.1(a) to 1(d) and is directed against the order no.101 dated May 31, 2010 passed by the learned Civil Judge (Senior Division), Sixth Court, Alipore in Title Suit No.52 of 2000 thereby rejecting the report submitted by the learned commissioner. 2. The short fact is that the plaintiff instituted a suit being the Title Suit No.52 of 2000 for partition against the petitioners and other defendants in respect of the suit property, as described in the schedule of the plaint, before the learned Civil Judge (Senior Division), Sixth Court, Alipore. The suit was decreed in the preliminary form directing the parties to make amicable partition within a specified time. The parties have failed to make amicable partition. Thereafter, the plaintiff prayed for appointment of a partition commissioner to effect partition according to the preliminary decree. That application was allowed appointing a partition commissioner to effect partition. The c...
Soumen Bhattacharjee Vs. Paramita Bhattacharjee (Ganguly)
Court: Kolkata Appellate
Decided on: Mar-29-2011
1. In this application under Article 227 of the Constitution dated January 11, 2011, the petitioner (hereafter the husband) calls in question order no.7 dated December 20, 2010, passed by the learned Additional District Judge, 2nd Court, Barasat. By the impugned order, the petition filed by the opposite party (hereafter the wife) under Section 24 of the Hindu Marriage Act (hereafter the Act) dated September 14, 2010 was allowed on contest. It was held that the wife is entitled to alimony pendente lite of Rs. 8,000/- per month from the date of filing of the application. The husband was also directed to pay Rs. 4,000/- as litigation cost to the wife. 2. The learned Judge after noting the stand of the husband that his gross salary is Rs. 14,800/- per month, arrived at a conclusion on perusal of his salary slip that he was earning more than what he had claimed and proceeded to grant alimony pendente lite , as noticed above. 3. Mr. Chattopadhyay, learned advocate appearing for the husband c...
Pramila Mukherjee. Vs. Smt. Uma Kar.
Court: Kolkata Appellate
Decided on: Mar-29-2011
1. This application is at the instance of the defendants and is directed against the order dated January 12, 2006 passed by the learned Judge, Presidency Small Causes Court, Third Bench, Calcutta in Ejectment Suit No.139 of 2005 thereby disposing of an application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997. 2. The short fact is that the plaintiff/opposite party herein instituted a suit being Ejectment Suit No.139 of 2005 before the learned Additional Rent Controller for ejectment of the defendants from the premises in suit, as described in the suit on the ground of default and other grounds. The defendants entered appearance and they filed an application under Section 7(1) and another application under Section 7(2) of the West Bengal Premises Tenancy Act, 1997. The application under Section 7(1) of the said Act of 1997 was allowed and the application under Section 7(2) of the said Act was heard and thereafter it was disposed of by the impugned order directing the ...
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