Kolkata Court November 2003 Judgments
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Basanti Mondal Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Nov-19-2003
Reported in: (2004)2CALLT53(HC)
A. Lala, J.1.This writ petition has been made by one of the members of the Gram Panchayat. The purpose of making the writ petition is that meeting for holding election for the post of Pradhan and Upa-Pradhan was held without proper notice. The notices are annexed to the petition from which it appears that date, place and time are unfilled. Both of the notices are dated 18th/19th June, 2003, She made a representation to the proper authority. Subsequent to representation she came to know that on 30th June, 2003 at 12.00 noon meeting was held in the office of the Gram Panchayat, She also annexed a similar notice served upon one Smt. Lakshi Rani Khamaru i.e. another member of the Gram Panchayat, proforma respondent to the writ petition. But the same is duly filled up. Initially an interim order was obtained by her to the extent that if after the election no charge is handed over, it will not be handed over without the leave of the Court. If the charge is handed over in that ease neither th...
Bengal Rolling Mills Ltd. Vs. Cegat
Court: Kolkata
Decided on: Nov-19-2003
Reported in: 2004(168)ELT441(Cal)
ORDERKalyan Jyoti Sengupta, J.1. In spite of direction given, no affidavit-in-opposition has been filed.2. This writ application has been filed impugning the order of the Customs Excise & Gold (Control) Appellate Tribunal, Kolkata whereby the petitioners' application for condonation of the delay in preferring the appeal was rejected as the Learned Tribunal found that petitioners had not been able to make out sufficient cause. Learned Tribunal observed that the statements and averments made in the petition together with the affidavit do not constitute sufficient ground. It is true this order is a discretionary one but it is settled principle of law that discretion has to be exercised reasonably and not arbitrarily. The approach should have been as to why the delay should not be condoned, in other words, putting the burden upon the respondents to prove that delay should not be condoned.3. It appears from the application together with supporting affidavit filed before the Tribunal, the pe...
Premlata Nahata and anr. Vs. Chandi Prasad Sikaria
Court: Kolkata
Decided on: Nov-19-2003
Reported in: IV(2004)BC39,(2004)2CALLT182(HC)
Jayanta Kumar Biswas, J.1. This is an application under Clause 13 of the Letters Patent, 1865 read with Section 24 of the Code of Civil Procedure, 1908. It has been filed for the following final reliefs:--'(a) A Rule do issue calling upon the respondent to show cause why Money Suit No. 585 of 2001 (RB) (Sri Chandi Prasad Sikaria v. Madhulika Nahata) pending before the 7th Judge City Civil Court, Calcutta and Money Suit No. 69 of 2002 (RB) (Chandi Prasad Sikaria v. Premlata Nahata) pending before the Registration Bench in the City Civil Court in Calcutta, should not be transferred to this Hon'ble Court.(b) The Rule be made absolute upon the failure of the respondent to show cause or any insufficient cause.(c) The said Money Suit No. 585 of 2001 (RB) pending before 7th Judge City Civil Court, Calcutta and Money Suit No. 69 of 2002 (RB) pending before the Registration Bench in City Civil Court, both the transferred and/or withdrawn to this Hon'ble Court.'2. Briefly stated, the pre-litigat...
Lutfar Rahaman Vs. the State
Court: Kolkata
Decided on: Nov-19-2003
Reported in: (2004)2CALLT285(HC),2005(1)CHN655
Gorachand De, J.1. This revisional application is directed against an order dated 27.8.1998 passed by the learned Sub-Divisional Judicial Magistrate, Sadar, Bankura in P.S. Case No. 110 dated 24.7.89. By the said order, the learned Magistrate placing reliance on the judgment of the Apex Court in the case of Durgesh Chandra Saha v. Bimal Chandra Saha, reported in 1996 C Cr LR (SC) 203 = 1996 Crl LJ 1137 took the view that as soon as the charge sheet was filed in that case after investigation, the question of stopping investigation or discharge of the accused under Section 167(5) of Cr PC did not arise. Accordingly, the learned Magistrate rejected the application filed by the present petitioners for their discharge under Section 167(5) of the Code after stopping of the investigation.2. Mr. Mukherjee, learned counsel for the petitioner drew attention of this Court to the earlier order passed by another Bench of this Court on 14.2.96 in Crl. Revision No. 680 of 1993 in which a view was tak...
Kisalay Mukherjee Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Kolkata
Decided on: Nov-18-2003
Reported in: (2004)(3)SLJ382CAT
1. In this application filed under Section 19 of the A.T. Act the applicant has challenged the charge sheet dated 28.2.90 issued by the respondent No. 6, the enquiry report dated 27.6.91, the final order passed by the Disciplinary Authority dated 24.9.91 and the appellate order dated 26.2.93 issued by the respondent No. 4. He has prayed for quashing of the aforesaid punishment orders and for payment of the salary withheld as a measure of penalty. At the relevant time the applicant was working as Sr. Clerk Stenographer (SCS) in the Office of SP, Special Crime Branch (SCB) of CBI, Calcutta. He was placed under suspension vide order dated 5.2.90 in contemplation of a Disciplinary proceeding against him. He was issued with a charge memo dated 28.2.90 containing two articles of charge. The sum and substance of the charges was that he deliberately and wilfully disobeyed the orders of his superior officers. In other words the charge against him was of insubordination.3. Being aggrieved by th...
Chief General Manager, Calcutta Telephone and anr. Vs. State Consumer ...
Court: Kolkata
Decided on: Nov-18-2003
Reported in: AIR2004Cal141
ORDERSengupta, J.1. None appears to oppose the writ petition. The grievance of the writ, petitioner in this case is that the orders passed by State Consumer Redressal Forum while exercising the Appellate Jurisdiction cannot be executed by the State Commissioner. Mr. Nayek, appearing for the petitioner submits that if Section 25 of the Consumer Protection Act, 1986 is read carefully then it would appear the execution proceeding has to be initiated and be dealt with treating the same as a decree of the Civil Court passed in a suit pending therein under Section 25 of the said Act. Section 25 of the said Act is set out hereinunder :--'Section 25. Enforcement of orders by the Forum, the State Commission or the National Commission.-- Every order made by the district Forum, the State Commission or the National Commission may be enforced by the District Forum, the State Commission or the National Commission as the case may be, in the same manner as if it were a decree or order made by a Court ...
Kamal Sukla Vs. Krishna Roy
Court: Kolkata
Decided on: Nov-17-2003
Reported in: 2004(1)CHN359
Dilip Kumar Seth, J.1. The Stamp Reporter in his report has pointed out that there is deficit of Rs. 12,454/- in the payment of Court-fees on the Memo, of Appeal. It appears that this calculation has been made on the basis of the amendment brought about in the West Bengal Court-Fees Act, 1970 through the West Bengal Court-Fees (Amendment) Act, 2002 increasing ad valorem court-fees. It seems that this view was adopted by the Stamp Reporter on the basis of the decision of this Court in Narayan Chandra Ghosh v. Probhamoyee Roy Chowdhury and Ors., 73 CWN 799, by the learned Single Judge relying on the decision of this Court and some other Courts referred to the said decision as pointed out by Mr. Sahoo, learned Counsel, who was requested to assist the Court.2. The learned Counsel for the appellant, on the other hand, pointed out that the right of appeal is a substantive right, which is determined on the date the proceeding is instituted. The appeal is a continuation of a proceeding and as ...
S.N. Tiwari Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Nov-17-2003
Reported in: (2004)1CALLT565(HC),[2004(102)FLR33]
A. Lala, J.1. The petitioner filed this writ petition challenging the order of suspension, charge-sheet and dismissal from his respective post of HSG driver at Central Industrial Security Foree i.e. over all disciplinary proceedings.2. According to the petitioner on 23rd January, 1982 he lodged a complaint with the authority concerned against one ASI Sri H.B. Singh stating that when he was not in his quarters, said Sri Singh entered in his quarters and dragged her wife and abused her in various ways and molested her. Subsequently, she had also lodged a complaint with the authority against Sri Singh. According further to him, said Sri Singh and one Sri Guruswamy asked him to withdraw the complaint failing which threatened him to implicate falsely as a counter blast etc. The present departmental proceeding is outcome of the same.3. According to the respondents, the petitioner physically assaulted said Sri Singh with an iron rod while he had been detained for 'B' shift duty on the date. P...
New India Assurance Co. Ltd. Vs. Md. Akbar Ali and anr.
Court: Kolkata
Decided on: Nov-17-2003
Reported in: III(2004)ACC303
Sadhan Kumar Gupta, J.1. This appeal has been preferred against the judgment dated 20.1.2002 passed by the learned M.A.C. Tribunal, 9th Court, Alipur in M.A.C. Case No. 92 of 1998. The fact of the case is that on 11.6.1996 at about 2.30 p.m. near Triveni Sheet Glass Factory, Decherla Village, District West Godabari, Andhra Pradesh, the vehicle bearing No. WMO/5934 which was coming to Calcutta from Hyderabad met with an Accident. Due to the failure of the brake it dashed against a stationary truck and as a result of that the driver lost control and again dashed against a big roadside tree and ultimately the vehicle in question fell down on the drain. As a result of that, the claimant, being the driver of the vehicle, sustained severe injuries on his person and ultimately his leg was amputated making him permanently disabled. The petitioner has filed the present claim application praying for compensation to the extent of Rs. 6,00,000/-. The case was contested by the O.P. New India Assura...
Sri Monoj Kr. Halder Vs. Gobinda Adak
Court: Kolkata
Decided on: Nov-14-2003
Reported in: (2004)1CALLT437(HC)
A.K. Mitra, J.1. This appeal has been preferred challenging the judgment and decree dated 31.7.1989 (being the order of remand) passed in Title Appeal No. 61/89 by the learned Assistant District Judge, Ulberia.2. This appeal originates from a suit for ejectment of arrears of rent and mesne profits.3. The case of the plaintiff as made out in the plaint in brief is that the suit property belong to him and he inducted the defendant as a tenant in it as a monthly tenant on a rental of Rs. 14/- payable according to Bengali calendar month. The defendant paid rent upto the month of Magh, 1389 B.S. and on and from Falgun 1389 B.S. till Chaitra 1392 B.S. He had been a defaulter in respect of payment and the plaintiff prays for eviction of the defendant from the suit premises and also claims the arrears of rent which comes to Rs. 532/-.4. It has also been stated in the plaint that the plaintiff served notice upon the defendant under Section 106 of Transfer of Property Act and sent through Regist...
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