Kolkata Court June 1998 Judgments
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M/S. Anil Baran Sahoo and Guru Pada Sahu Vs. West Bengal State Electri ...
Court: Kolkata
Decided on: Jun-24-1998
Reported in: (1998)3CALLT81(HC)
S.B. Sinha, J.1. This appeal is directed against a judgment and order dated 30th March, 1993 passed by Shri A.N.N. Yusuf Ali, Assistant District Judge, 5th Court. Alipore. whereby and whereunder he dismissed an application filed by the appellant-respondents under section 17(2) of the Arbitration Act. The fact that the parties had entered into a contract relating to unloading and transportation of coal is not in dispute. Dispute and difference arose between the parties relating to performance of the said contract. The claims of the appellants were entertained but no payment was made. Relying on or on the basis of a provision in the General Provisions of Conduct which contained an arbitration clause, the appellant appointed his own Arbitrator calling upon the respondent to appoint its own arbitrator. The respondents although asked for time to appoint their own Arbitrator, but ultimately they did not appoint any arbitrator whereafter the Arbitrator appointed by the appellants entered into...
Shita Ram Shaw Vs. Oriental Insurance Co. Ltd. and anr.
Court: Kolkata
Decided on: Jun-23-1998
Reported in: (1998)2CALLT560(HC)
S.B. Sinha, J.1. Keeping in view the fact involved in this case, the appeal with the consent of the learned counsel for the parties, is treated on the day's list although no paper book is filed.2. This appeal is directed against a judgment and order dated 12.2.95 passed by the Judge, Motor Accident Claims Tribunal, Alipore, whereby and whereunder the said learned court dismissed an application for claim filed by the appellant. The fact of the matter is not in dispute. The son of the appellant died in accident which took place on 4.5.91. The owner of the vehicle did not contest the claim but insurance company did. On the pleading of the parties, the learned trial Judge fraras certain issues. It is accepted that a sum of Rs. 25,000/- have been paid to the appellant which was payable in terms of section 140 of the Motor Vehicles Act, 1988. It appears that the learned Tribunal below did not accede to the prayer of the appellant in respect of the damages suffered by him on the ground that t...
Gangadhar Ghosh Vs. Damodar Valley Corporation and anr.
Court: Kolkata
Decided on: Jun-22-1998
Reported in: (1998)3CALLT143(HC),(1999)ILLJ1195Cal
S. B. Sinha, J. 1. This appeal is directed against a Judgment and order dated 26.4.95 passed by a learned single Judge on this Court in C.O. No. 16474(WJ of 1993, whereby and whereunder the said learned Judge dismissed a writ application filed by the writ petitioner.2. The basic fact of the matter is admitted.3. The writ petitioner/appellant was appointed by the respondent No. 2. a contractor of respondent No. 1. The writ petitioner himself has described the respondent No. 1 as his principal employer. On various grounds of misconduct, as is evident from the Judgment under appeal, the respondent No. 2 terminated the services of the appellant. The claim of the writ petitioner in the writ application was that as he had been doing job of a perennial nature, he automatically became employee of the principal employer, particularly in view of the fact that allegedly provident fund was deducted from his salary. For the aforementioned purpose, the writ petitioner has impleaded the Regional Prov...
Radhakrishan Maity Vs. Allahabad Bank
Court: Kolkata
Decided on: Jun-19-1998
Reported in: (1998)2CALLT395(HC),[1999]98CompCas217(Cal)
A. Kabir, J.1. This application under Article 227 of the Constitution of india Is directed against order No. 6 dated 30th April, 1997 passed by the Debts Recovery Tribunal, Calcutta, in O.A. No. 71 of 1997, restraining the defendants Nos. 1. 2 and 3 before the Tribunal by way of an ad-interim order of injunction from receiving any money from M/s. Bralthwaite & Company Ltd. till the disposal of the application for interim orders. It may be mentioned that the said order was passed on a petition filed on behalf of the Sank for such an order of injunction till the disposal of the pending proceedings before the Tribunal.2. Appearing in support of the application, Mr. Protlk Prokash Banerjee, learned Advocate, firstly urged that the Impugned order was not sustalnable on account of the fact that it was beyond the scope of sub-sectlon(6) of section 19 of The Recovery of Debts Due to the Banks and Financial institutions Act. 1993, hereinafter referred to as the '1993 Act'. Mr, Banerjee urged th...
T.M. and M.C. Pvt. Ltd. Vs. Sita Devi Haralalka
Court: Kolkata
Decided on: Jun-19-1998
Reported in: (1998)2CALLT552(HC)
S. K. Sen. J.1. The instant appeal is directed against an order dated 18.6.85 passed by C.K. Banerjee, J as he then was, dismissing anapplication filed by the appellant for recalling of the order dated 3.8.84 passed by Asha Mukul Pal, J as he then was, whereby an application under section 17(2) of the West Bengal Premises Tenancy Act, 1956 for determination of the arrear rent payable by the appellant was dismissed for default.2. It is the contention of the appellant that the appellant duly briefed an Advocate to represent its case to take all necessary steps. At the initial stage the respondent opposed the application on the preliminary point that the learned single Judge could not have restored the application as he ceased to have any Jurisdiction to entertain the same since the order of dismissal of the appellant's application has been drawn up and completed prior to filing of such restoration application. He also urged that the application for restoration and/or recalling of the ord...
Abani Mahato Vs. Kanchan Kr. Sinha and ors.
Court: Kolkata
Decided on: Jun-19-1998
Reported in: (1998)3CALLT83(HC)
ORDERS.B. Sinha, J.1. These two appeals were taken up for hearing together and are being disposed of by this common judgment. Hearing of the appeal has been taken up despite the fact that in one of the appeals Paper Book has not been filed. It appears that the petitioner and the first respondent in each case filed the writ application before this court with a prayer that the respondents be directed to allow them to appear at the interview in terms of the decision, reported in 1996 Vol. VI SCC 166. The learned trial Judge, admittedly, by reason of the impugned judgment has directed that a panel be prepared after taking a fresh interview, subject to the sponsoring of the names of the candidates by Employment Exchange. As different orders were being passed by different Benches one matter was referred to a Special Bench. The said matter related to the cases of the Secondary teachers. Other matters relating to primary teachers a came up before this court, the first, case before a Special Be...
The State of West Bengal and ors. Vs. Sri Kamal Kanta Singh
Court: Kolkata
Decided on: Jun-18-1998
Reported in: (1998)2CALLT389(HC)
B. Bhattacharya, J.1. This mandamus appeal is at the instance of the respondents in a writ application filed by Kamal Kanta Singh, the sole respondent of the Instant appeal and is directed against the order dated June 30, 1989 passed by a learned single Judge of this court allowing the writ application filed by the sole respondent thereby issuing a writ of mandamus commanding the present appellants to treat the sole respondent as in service all throughout as driver of the department concerned without break. The appellants herein were also directed to pay all balance of the emoluments of the respondent as a driver within 12 weeks from the date of communication of the said order including the annual Increments which he would have been entitled to in the meantime.2. The case put forward by the respondent herein in his writ application may be summarised thus :--(a) The respondent was appointed as a Chalnman in the office of the respondent No.2 on December 30, 1968. (b) One Jodh Bahadur, th...
Bhagirath Agarwalla Vs. M/S. French Motor Car Co. Ltd.
Court: Kolkata
Decided on: Jun-18-1998
Reported in: (1998)3CALLT416(HC)
S.K. Tiwari, J.1. The second appeal arises out of the Judgment passed by District Judge, Jalpaiguri, in O.C. Appeal No. 3 of 1987.2. The father of the appellant Tarachand Agarwalla let out the premises in suit to respondent on 7.3.59. The lease deed was executed by the respondent in the name of Tarachand Agarwalla. By a letter dated 7.4.77.respondents were informed by Tarachand that in view of the family partition, the premises in suit had fallen to the share of the appellant Bhagirath Agarwalla and in future the respondent should pay rent to him. Accordingly the respondent started paying rent to appellant. All these facts are not in dispute in this appeal.3. The case of the plaintiff-appellant was that the original lease was granted for a period of 21 years which expired on 31st March, 1980. As per the terms of lease agreement the tenant had option to seek renewal of the lease for a minimum period of 5 years. In spite of service of notice the defendants failed to vacate. The defendant...
Union of India Vs. S. Sarkar
Court: Kolkata
Decided on: Jun-17-1998
Reported in: (1998)2CALLT411(HC),1998(2)CHN524
S.B. Sinha, J. 1.This appeal is directed against a Judgment and order dated 30th January, 1996 passed by Shri H. SIngh, the learned Assistant District Judge, Alipore in Miscellaneous Case No.8 of 1994, whereby and whereunder the said learned court dismissed an objection filed by the appellant under section 30 of the Arbitration Act, 1940 and passed a decree in terms of the Award. A cross objection to the said decree has been flled on behalf of the respondents on the ground that the learned trial judge ought to have granted future interest. The fact of the matter lies in a very narrow compass.2. The parties entered into an agreement for construction of hostel and technical building at Singharsi. Dispute and difference have arisen between the parties and in terms of the Arbitration Clause contained in the said contract, the same were referred to the Arbitrator. The Arbitrator made an Award on 31st March, 1993. The appellant herein flled an objection under section 30 read with section 33 ...
Sri Mahadeb Roy Vs. Sikiha Das and ors.
Court: Kolkata
Decided on: Jun-16-1998
Reported in: II(1998)ACC774,I(1999)ACC415,1999ACJ1042,(1998)2CALLT330(HC)
S.B. Sinha, J.1. This appeal is directed against a Judgment and Award dated 6th February, 1995 passed by Sri N. K. Saha, learned Judge, Bench No. X and acting as Judge, Motor Accident Claims Tribunal in M.A.C. No. ' 167/87, whereby and whereunder claim petition filed by the respondents No. 1 to 4 was allowed. The basic fact of the matter is not in dispute. On 24.10.86 at about 11-00 a.m. In the morning Sunil Das, a self-employed person was riding his bicycle along Meyo Road from east to west. A private Bus bearing No. WBS 5007 was proceeding along the said road. The said bus was allegedly driven negligently and dashed with the cycle from behind, as a result whereof the aforementioned Shri Das sustained serious bodily injuries and was removed to S.S.K.M. hospital. He was, however, discharged after first aid and had been to his house at Jadavpur, but in the afternoon, he was started vomiting blood and having been refused admission at the S.S.K.M. Hospital, he was taken to and admitted fn...
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