Kolkata Court August 1997 Judgments
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Eunas Ali Molla Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-06-1997
Reported in: (1998)1CALLT101(HC)
R. Bhattacharyya, J.1. This order is directed against the order passed by the learned trial Judge dated 17.6.97 in connection with W.P. No. 371 of 1997. 2. The matter could be disposed of by a short order. However, for the ends of justice and the law being involved in the controversy, we think it in our wisdom to give a brief history of the case. 3. The factual exposure may afford to give us the appreciation of the issue involved. The petitioner filed a writ application in the writ forum claiming himself to be the Pradhan of Kolapota Gram Fanchayat, P.O. Kolapata 24 Parganas (North). The Panchayat consisted of 21 members which included amongst other the Pradhan who was elected as Pradhan on the basis of majority of votes. According to the petitioner, the law does not provide under the Panchayat Act to convene or summon a meeting of the Pradhan or the Upa-Pradhan within one year after they are elected. Since he was elected on 3.4.96, it will not be legitimate to convene a meeting for hi...
National Insurance Co. Ltd. Vs. Sandhya Rani Singha and ors.
Court: Kolkata
Decided on: Aug-05-1997
Reported in: 1998ACJ543
Satya Brata Sinha, J.1. This appeal is directed against a judgment and award Member, Motor Accidents Claims Tribunal and Additional District Judge, 2nd Court, Hooghly, whereby and whereunder a sum of Rs. 1,85,000/- was awarded in favour of the respondents for the death occurred to the husband of respondent No. 1 and father of other respondents.2. Mr. Das, learned Counsel appearing on behalf of the appellant has raised a short question in support of this appeal. Learned counsel submits that keeping in view the decision of the Supreme Court of India, the learned Tribunal erred in applying multiplying factor by 29 instead of 18. It is not in dispute that the total income had been arrived at by the learned Tribunal at Rs. 600/- per month, that is Rs. 7,200/- per year. Out of the said amount, Tribunal had deducted a sum of Rs. 35,000/- as a consolidated sum was being paid at a time. He further directed grant of Rs. 8,000/- for loss of consortium and Rs. 4,000/-for loss of love and affection...
West Bengal State Electricity Board and ors. Vs. Aktar Ahmed
Court: Kolkata
Decided on: Aug-04-1997
Reported in: (1998)1CALLT90(HC)
B. Bhattachatya, J.1. The West Bengal State Electricity Board and others being dissatisfied with the order dated December 20, 1990 passed by the Assistant District Judge, Second Court, MIdnapore, in Judicial Miscellaneous Case No.2 of 1990, have preferred the Instant First Miscellaneous Appeal under section 39 of the Arbitration Act.2. On an application under section 8 of the Arbitration Act, one Sri Jatindra Nath Bakshi. Superintending Engineer, Resources Circle, P.W.D, was appointed as Sole Arbitrator, Neither in the agreement nor in the order appointing such Arbitrator, any direction was given for giving a reasoned Award. After hearing both the parties, the learned Arbitrator passed an Award on 10th March, 1989, thereby directing the appellant to pay a sum of Rs. 2.35.051/-. Being dissatisfied with the aforementioned Award, the present appellant filed a combined application under sections 30 and 33 of the Arbitration Act, which gave rise to the aforesaid miscellaneous case No.2 of 1...
Bhanu Mondal and ors. Vs. Jaydeb Chowdhary and ors.
Court: Kolkata
Decided on: Aug-01-1997
Reported in: 1998CriLJ320
ORDERDibyendu Bhusan Dutta, J.1. None appears for the petitioners. Heard the learned Advocate for the opposite party No. 1 at length. The materials placed before me could bring to light the following facts:-At the instance of the opposite party No. 1 an application under Section 133, Cr.P.C. was filed in the Court of Sub-Divisional Magistrate, Diamond Harbour, complaining of obstruction by the petitioners here in respect of a private path way comprised within several plots over which the opposite party No. 1 appears to have claimed right by the virtue of long user. The learned Magistrate called for a report from the O.C Mandirbazar. The O.C. enquired into the matter and submitted a report stating that there is a village pathway over the said dags and that the said pathway was being used by the parties since long. The report further discloses the fact that the opposite party No. 1 has no alternative pathway and that the petitioners had closed that pathway by bamboo and other materials. ...
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