Kolkata Court May 1998 Judgments

Supradip Roy Vs. Miss Mamata Banerjee and ors.

Court: Kolkata

Reported in: (1998)2CALLT486(HC)

1. It is the contention of the petitioner that the Respondent No. 1 has been served with notice of hearing of the instant application upon the personal assistant of Respondent No. 1, namely Mr. Dilip Majumdar, who however refused to put his signature at the copy of the letter but assured that the petition will be handed over to Miss. Mamata Banerjee. Respondent No. 1 and the Respondent No. 1 is expected to return at her residence at about 2.00 p.m. The Respondent No. 1A, Mr. PankaJ Banerjee, has not been served. On behalf of the Respondent No. 1B, Mr. D.C. Roy, learned Advocateappears along with Mr. H. Guha Roy. The Respondent Nos. 2 & 3 have been served and represented by Mr. Tapan Dutta, learned Advocate for the State of West Bengal. In view of the urgency. Rule 27 of the writ rules stands dispensed so far as non-appearing respondents are concerned. The petitioner, in person, appears and refers two Judgments and decisions of the Full Bench of Kerala High Court, Bharat Kumar K. Paitch...

Mechani Devi Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Kolkata

1. Applicant, Smt. Mechani Devi being a widow of late Rameshwar Mondal, ex-Gangman under PWI, Eastern Railway, Andal, who died on 18.2.87 claimed family pension under the Family Pension Scheme, 1964 on the ground that her husband was engaged in the Railway as a Casual Gangman on and from 16.8.1963 and worked as Gangman till he was absorbed from 16.4.1969 and thereafter her husband was permanently absorbed and confirmed as well. According to the applicant, her husband acquired temporary status in the Railway and thereby she is entitled to get family pension from the Railway Department and accordingly she applied for family pension and that has been rejected by the authority and she again applied for the same by an application dated 16th March, 1996, but that application has not been disposed of by the respondents.Feeling aggrieved by the said action/inaction on the part of the respondents in respect of granting family pension to the applicant as widow of the deceased casual Gangman has...

Swapan Kumar Acharjya and ors. Vs. Subhas Chandra Bhattacharjee and or ...

Court: Kolkata

Reported in: AIR1998Cal271,(1998)2CALLT378(HC)

S. B. Sinha, J.1. Although I agree with the operative portion of the draft judgment of my learned brother Sengupta, J, keeping in view the importance of the question involved, intend to add a few words of mine.2. Section 31 of the West Bengal Co-operative Societies Act readsthus :--'Section 31. Dissolution of the board in certain cases and appointment of special Officer.--Notwithstanding anything to the contrary contained elsewhere in this Act or in any other law for the time being in force--(a) the board of Directors of any of the cooperative societies mentioned in the Fifth Schedule shall, if the election of its Directors has not been held within a period of thirty-six months from the date of their election under sub-section (1) of section 25, stand dissolved on and from the date immediately following the date of expiry of the said period:(b) with effect from the date of dissolution of the Board under clause (a), the Directors thereof shall be deemed to have vacated their offices;(c)...

Sri Subir Banerjee and ors. Vs. Sri Sunil Kumar Dasgupta

Court: Kolkata

Reported in: (1998)3CALLT98(HC)

S.B. Sinha. J.1. An application under the Contempt of Courts Act has been filed for furnishing Sri Sunil Kumar Dasgupta. Chairman, Ad-hoc Committee, District Primary School Council, 24-Parganas(N) Barasat for alleged violation of a judgment and order dated 22. 9.95 passed by a division bench of this court in FMAT No. 910/95, FMAT No. 927/95 & FMAT No. 1163/95.2. This application has been filed by petitioners who are 12 in number in the following premises:3. They were appointed by the Managing Committee of various Schools in Halisahar and Bljpur Circles between 1976 and 30th June. 1977. Allegedly such appointments were made pursuant lo a Government order.4. According lo the petitioner, despite the fact that they fulfilled all the condition laid down under the said circular, as the District Inspector of Schools. 24-Parganas. did not grant approval, they filed the writ application and G.R. Bhattacharya, J. by an order dated 17th September. 1992 relying on or on the basis of a decision of ...

Adhir Ghosh Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: AIR1998Cal317

Barin Ghosh, J.1. The Chief Medical Officer of Health, Malda, published a tender notice bearing No. 2424 dated 23rd September, 1987, inviting tender for supply of dietary articles to the District Hospital, Malda and to other hospitals in the same District for the period 1-11-97 or any subsequent date till 31-10-98.2. The said tender contained a clause to the effect that the District Diet Committee reserves the right to reject tender without assigning any reason and the decision of the District Diet Committee will be final.3. The petitioner/appellant participated in the said tender in respect of supply of all dietary articles except milk to the District Hospital, Malda 'only.4. On 28-10-97 the tenders were openedwhen rates quoted by different tenderers were not declared. However, on 29-10-97 Chief Medical Officer of Health, Malda, hung up a list of selected tenderers for supply of dietary articles indifferent hospitals in the District of Malda including District Hospital, Malda, furnish...

Rabindra Mohan Dey Vs. Union of India (Uoi) and ors.

Court: Central Administrative Tribunal CAT Kolkata

1. The case of the seven applicants, who have jointly filed this Original Application Under Section 19 of the Administrative Tribunals Act, 1985, lies within a short compass.2. Pursuant to a notice issued by the Garrison Engineer, Barrackpore, the applicants submitted application for appointment as Chowkidar.After interview, they were selected and were placed in a panel in 1985.Police verification and medical examination were conducted and the applicants were cleared. Thereafter, the Govt. of India placed a ban on filling up of the posts and the applicants were not appointed. It appears that subsequently, the ban on filling up of the posts was lifted and thereafter by a letter dt. 30.11.93, the applicants were directed to report to the Garrison Engineer on 20.12.93 along with various documents for being considered for appointment as Chowkidars.They appeared as directed but they were instructed to appear again on 15.1.94 by a notice dt. 22.12.93. They again complied with this direction...

M/S. Spectrum Electronics and ors. Vs. State Bank of India and ors.

Court: Kolkata

Reported in: (1998)2CALLT351(HC),[1999]97CompCas451(Cal)

A. Kabir, J.1. This combined application under Article 227 of the Constitution, read with sections 24 and 151 of the Code of Civil Procedure, has been moved with notice to the State Bank of India and has been taken up for consideration in the presence of the learned advocates for the petitioners and the Bank.2. At the very outset the question of maintainability of the application was raised on the ground that the suit pending before the Debts Recovery Tribunal, Calcutta, could not be transferred to a Civil Court, as prayed for on the petitioners' behalf.3. Appearing for the petitioners, Mr. Subhro Kamal Mukherjee submitted that in 1995 the petitioner No. 1 filed a suit against Kerata State Electronic Development Corporation, the Opposite Party No. 2 herein, being Money Suit No. 113 of 1995, in the Court of the Assistant District Judge, Siliguri, for a decree for a sum of Rs. 21,34,890.20 palse, and the same is still pending adjudication.4. Thereafter, on 8th August, 1996, the State Ban...

Prem Nath Diesels Pvt. Ltd. Vs. Aloka Dam

Court: Kolkata

N.K. Mitra, J.1. The plaintiff/respondent filed Title Suit No. 43 of 1989 in the 2nd Court of the learned Assistant District Judge at Alipore against the defendant/appellants for eviction from the suit premises alleging inter alia, in the plaint that the plaintiff inducted the defendant company as monthly tenant in respect of the ground floor fiat of premises No. 43, Jhowtola Road, at present renamed as Fazlul Haque Sarani, Calcutta-19, of which the plaintiff was the owner, at a monthly rental of Rs. 5,000/- payable according to the English Calendar, for a period of 3 years from 1st of July, 1980 to 30th June, 1983 as per the tenancy agreement dated 21st June, 1980. Subsequently, after the expiration of the said period of tenancy, at the request of the defendant company, the plaintiff allowed the tenancy to continue for another period of 3 years commencing from 1st July, 1983 till 30th June, 1986 in terms of the renewal clause in the said agreement dated 21st June, 1980 with an enhance...

Rameshwar Roy Vs. Baidhendra Kinkar Patra

Court: Kolkata

Reported in: AIR1998Cal292

A.B. Mukherjee, J. 1. This appeal is directed against the judgment and decree dated 29-6-89 passed by the learned Judge, XII Bench, City Civil Court at Calcutta in Ejectment Suit No, 902 of 1992. A cross-objection preferred by the respondent being C.O.T. No. 2381 of 1990 is also heard along with the appeal. 2. The case of the plaintiff/respondent inter alia, is as follows :-- The plaintiff/respondent is the owner of a three-storied building being premises No. 5/2 and No. 7, Ramkanai Adhikari Lane, Calcutta-12. The two premises constitute one building, back portion of which is No. 7, Ram Kanai Adhikari Lane. 3. The defendant/appellant was the tenant under the plaintiff/respondent in respect of three rooms being the south-western room on the first floor, and two on the ground floor with common bath and privy in the suit premises being No. 5/2. Ramkanai Adhikari Lane, at a monthly rental of Rs. 115/- payable accordingly to the English Calendar. There is a covered verandah running east to ...

Sri Ashim Dutta Alias Nilu Vs. State of West Bengal

Court: Kolkata

Reported in: (1998)2CALLT338(HC),1998(2)CHN261

D.P. Sarkar-II, J.1. This case tells the sad tale of Freudian Furry, that cut short the blooming life of an innocent hapless little girl only at the age of 10 years.2. The appellant, admittedly, was an armed Constable attached to the 4th armed battalion of West Bengal Police, posted to Raiganj. He used to live in the quarters allotted to him in the police barrack. On the fateful day i.e., on 26.10.95 at about 6.00 PM, as per the prosecution case, the appellant was standing in front of the shop of P.W. 10-Madhusudan Chakraborty. P.W.9 viz. Kaushalwa Roy Was also there, when the victim girl named Biva Rajak came to that shop to purchase 'khaini' for her father. The appellant purchased some 'Chanachur' and requested the shop-keeper to supply 'khaini' to Biva first. As soon as 'khaini' was purchased, Biva started for her home, but the accused accompanied her and within the hearing of P.W.9 and P.W. 10 requested Biva to take some 'chanachur* and to accompany him to his quarters. Biva did no...