Kolkata Court May 2002 Judgments
Dhirendra Chandra Debnath Vs. Union of India (Uoi) and anr.
Court: Central Administrative Tribunal CAT Kolkata
Decided on: May-30-2002
Reported in: (2003)(3)SLJ258CAT
1. In this O.A., the applicant has challenged the charge-sheet, enquiry proceedings, enquiry report dated 21.12.89 and the order of penalty dated 3/4.7.91. Since during the pendency of the O.A. the appeal filed by the applicant to the authority concerned was rejected, the applicant had amended the O.A. to challenge the appellate order.2. Brief facts of this case are that the applicant while working as Tax Assistant in the office of Income Tax, was served with a charge-sheet under Rule 16 of CCS (CCA) Rules which for ready reference reads as under:- "The office of the Income-Tax Officer, 'G' Ward Dist. 24 Parganas is situated in 9th Floor of the "Bamboo Villa" at 169, Acharya Jagdish Chandra Bose Road, Calcutta 14. The building, commonly known as "Bamboo Villa", aforesaid, is far away from the office of the Income-Tax Officer, Jute Circle, Calcutta, aforesaid, where Shri Dhirendra Chandra Debnath was posted at the material time. On 19.7.1984 (Thursday) at about 5-15 p.m. i.e. after off...
Tag this Judgment!Manoj Singh and Rita Mondal Vs. State of West Bengal
Court: Kolkata
Decided on: May-25-2002
Reported in: (2003)2CALLT253(HC)
D.P. Sengupta, J.1. Both the aforesaid Death Reference and Criminal Appeal are being dealt with and disposed of by this judgment as they arise out of the same judgment of learned Sessions Judge, 3rd Bench, City Sessions Court, Calcutta passed in Sessions Trial No. 1(March)/96. The trial Court by its judgment dated 22.6.2000 convicted both the appellants under Section 302/34 of the Indian Penal Code for committing murder of three aged ladies and by its order dated 26.6.2000 sentenced both the appellants to death.2. The trial Court has referred the case under Section 366 of the Code of Criminal Procedure to this Court for confirmation of death sentence. Both the death reference and the criminal appeal are being disposed of by this judgment as already noted above.3. The prosecution case was as follows:On Bijoy Kumar Khandelwal of 7, Rajendra Dev Road, Calcutta-7 lodged an information with Jorasanko Police Station to the effect that he was a resident of the 2nd floor in the said premises w...
Tag this Judgment!State of West Bengal Vs. Smt. Rama Devi and ors.
Court: Kolkata
Decided on: May-24-2002
Reported in: AIR2002Cal235
ORDERSengupta, J. 1. In this matter the plaintiff has concluded examination-in-chief, the defendant No. 3, who is pro forma defendant being represented by Mr. Das, Senior Counsel, wants to cross examine friendly the witness of the plaintiff. 2. Mr. Hirak Mitra, Learned Senior Counsel appearing with Mr. R. Sharma, seriously objects to such examination of the plaintiff. He has drawn my attention to my order dated 25-4-2001 and submits that this question of right of examining the witness of the plaintiff by the defendant No. 3 has to be decided first to which I agree. The decision is as follows :-- Mr. Sharma with the leave of Mr. Mitra submits that under the Evidence Act the witness can be examined by the party who has called him and by the adversary party and there is no contemplation of further examination by any of the parties in the Evidence Act 1872. His further contention is that the defendant No. 3 has not filed any written statement to put his case, rather he is depending upon re...
Tag this Judgment!Delta International Limited Vs. Tor-isteg Steel Corporation
Court: Kolkata
Decided on: May-24-2002
Reported in: (2003)1CALLT380(HC)
A. Lala, J.1. This application is made under very peculiar circumstances. Previously the suit under which this application is made along with a suit of the respondent/defendant being EOS No. 5 of 1991 were heard analogously by a bench of this Court (Ajoy Nath Ray, J.). Upon hearing both the suits on evidences and on arguments the Court felt to pass decrees as follows:'The suit No. 824 of 1989 instituted by Delta is decreed in terms of claim (a); the plaintiff will also be entitled to mense profits at the rate of Rs. 12/-per sq.ft. per month on 1922 sq.ft. from 1.6.88 until delivery of vacant possession. The plaintiff will be entitled to assessed costs of Rs. 50,000/- taking the costs at the rate of Rs. 5.000/- per day of hearing and having the costs to 10 days since the two suits have been heard together for 20 days. The extraordinary suit of the Foundation being No. 5 of 1991 is dismissed with costs assessed on the same basis at Rs. 50,000/- which is to be paid to Delta International ...
Tag this Judgment!Ganeshgarh Tenants Welfare Association Vs. the Calcutta Municipal Corp ...
Court: Kolkata
Decided on: May-24-2002
Reported in: (2003)2CALLT197(HC)
Amitava Lala, J.1. The Tenant's Welfare Association petitioner No. 1 herein made this writ petition by the pen of one Sri Mahendra Kumar Sanghai, respondent No. 2 herein claimed to be the Secretary of such Association. Admittedly the petitioner No. 1 Association is not the tenant of the premises in question. A list of tenants has been annexed claiming that the petitioner No. 1 is representing such tenants. But neither they have not made parties to the writ petition nor they have filed individual Court fees for making joint writ petition under a self same cause of action. Naturally, the private respondent being the owner of the property challenged the locus standi of the writ petitioners.2. Mr. Ajit Kumar Panja, learned senior counsel, appearing for the respondents cited two judgments of this High Court one of which was delivered by a single Judge and another is delivered by a Division Bench of this Court.3. In : AIR1990Cal176 (Sand Carrier's Owners' Union and Ors. v. Board of Trustees ...
Tag this Judgment!Narendra Dev Narayan Vs. Calcutta Municipal Corporation and ors.
Court: Kolkata
Decided on: May-23-2002
Reported in: AIR2003Cal31
ORDERBhaskar Bhattacharya, J.1. By this writ application an assessee has challenged an enhanced assessment order being Annexure P-3 and the consequent fresh consolidated bill being Annexure P-4 and has prayed for reassessment of petitioner's flat.2. Mr. Das Adhikary, the learned advocate appearing on behalf of the Calcutta Municipal Corporation has taken a preliminary objection as regards maintainability of the instant writ application. Mr. Das Adhikary contends that the order of assessment being appealable before the Tribunal constituted under Section 189 of the Calcutta Municipal Corporation Act, 1980 ('Act'), this Court should not entertain this writ application. Mr. Das Adhikary further submits that Annexure P-4, the fresh consolidated bill was issued in the month of July 2001 whereas the instant writ application has been filed on April 9, 2002 long after the expiry of the period of limitation prescribed in the Act for preferring appeal against the order of assessment.2. Mr. Ghosh,...
Tag this Judgment!Rima Santra Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-23-2002
Reported in: (2003)1CALLT155(HC)
P.K. Ray, J.1. Heard learned advocates for the parties.2. In this writ application, the petitioner has challenged the panel dated 30.7.97 relating to the post of Assistant Teacher in Philosophy of the concerned school. It is contended by the petitioner that since the petitioner was qualified with M.A. degree and a training qualification B.Ed., the petitioner got higher marks for academic qualification qua marks for academic qualification as allotted in favour of the respondent No. 7, who has no training qualification B.Ed. It is submitted that since the petitioner got higher marks in academic qualification in comparison to the respondent No. 7, the authorities concerned, that is the selection committee illegally allotted more marks for oral interview and class demonstration to cover the difference of marking in academic qualification in which the petitioner's position was higher. It is further contended that the appointment of the respondent No. 7 was not valid as such appointment was ...
Tag this Judgment!Arati Purakait Vs. Shyamapada Ghosh
Court: Kolkata
Decided on: May-23-2002
Reported in: (2003)1CALLT277(HC)
N.C. Sil, J. 1. The present appeal is directed against the judgment and decree dated 29.4.1997 passed by Sri S. Mondal, learned Assistant District Judge, Second Court, Hooghly in connection with Title Appeal No. 161 of 1993 affirming the judgment and decree dated 31.05.1993 passed by Sri T. Uddin, learned Munsif, 1st Court, Hooghly in connection with Title Suit No. 209 of 1990.2. The suit before the learned lower Court was for declaration and permanent injunction filed by the plaintiff/tenant against the defendant/ landlady. The fact of the case in brief is that the plaintiff was inducted in the suit premises as a tenant for a term of five years under an agreement of tenancy dated 26.02.1990 and the monthly rent was fixed at Rs. 250/-. The said tenancy was taken for the purpose of starting a grill business from the suit premises. For that purpose the plaintiff took up the re-orientation of the suit premises and in course of that the plaintiff used tokeep the key of the suit premises wi...
Tag this Judgment!National Bank Ltd. Vs. Presiding Officer, D.R.T. and ors.
Court: Kolkata
Decided on: May-23-2002
Reported in: II(2003)BC695
Narayan Chandra Sil, J.1. This is to consider the maintainability of the application under Article 227 of the Constitution of India which arose out of the Order dated 10th April, 2002 passed by the Presiding Officer, Debts Recovery Tribunal-1, Kolkata in connection with O.A.No. 128 of 2001.2. The O.Ps. have challenged the maintainability of the application and as such the question of maintainability has been taken up for consideration.3. It appears from the impugned order of the Presiding Officer, Kolkata Debts Recovery Tribunal-I, dated 10th April, 2002, that the application dated 18th February, 2002 filed by the applicant-Bank was taken up for consideration by him. After hearing both the parties the learned Presiding Officer passed the interim order of status quo restraining the defendant Nos. 2 and 3 from operating the Bank account bearing No. 412800566 of the defendant No. 3 maintained with the defendant No. 2 without touching a sum of U.S. Dollar 3,52,250. In arriving at such deci...
Tag this Judgment!Bhaswati Pal Vs. Council for Indian School Certificate Examination and ...
Court: Kolkata
Decided on: May-22-2002
Reported in: (2002)3CALLT296(HC)
P.K. Chattopadhyay, J.1. The daughter of the petitioner is a hostel student of class X of Holy Home School which is affiliated to the Council for Indian School Certificate Examination.2. The school authorities sometimes in the month of August 2001 decided not to keep the daughter of the petitioner in the hostel and further decided not to allow the said daughter of the petitioner to attend the school anymore. The aforesaid decision was intimated to the father of the student concerned by the Vice-principal of the school by a written communication dated August 14, 2001.3. However, in the said written communication, it was specifically mentioned that the daughter of the petitioner would be allowed to appear in the ICSE Examination in the year 2002 subject to clearance of all payable fee/charges as well as on qualifying in the selection test. The relevant extract from the aforesaid communication of the Vice-principal of the school dated 14th August 2001 is quoted hereunder:'But in considera...
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