Kolkata Court September 2003 Judgments
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Smt. Kajal Chowdhury Vs. Dilip Chowdhury
Court: Kolkata
Decided on: Sep-17-2003
Reported in: AIR2004Cal113
D. K. Seth, J.1. In this case, a suit for restitution of conjugal rights was filed by the husband-opposite party. It was decreed exparte. The wife filed an application under Order IX, Rule 13 of the Code of Civil Procedure. That was also dismissed. Thereafter, a suit for divorce was filed on the ground that no cohabitation took place after the decree for restitution of conjugal rights despite intimation to the learned counsel for the wife. This suit was decreed on contest where wife had denied that no such communication was received by her. Such an appeal has been preferred by the wife before this Court against the decree of divorce. This was filed along with an application under Section 5 of the Limitation Act a little late on 7th of April, 2003. But on 2nd of July, 2003, the delay was condoned. It is contended on behalf of the respondent-opposite party that the husband has contacted marriage for the second time on 11th of June, 2003.2. At this stage this application for stay of opera...
Kajal Chowdhury Vs. Dilip Chowdhury
Court: Kolkata
Decided on: Sep-17-2003
Reported in: 2004(2)CHN191,II(2004)DMC287
D.K. Seth, J.1. In this case, a suit for restitution of conjugal rights was filed by the husband-opposite party. It was decreed ex parte. The wife filed an application under Order 9 Rule 13 of the Code of Civil Procedure. That was also dismissed. Thereafter, a suit for divorce was filed on the ground that no cohabitation took place after the decree for restitution of conjugal rights despite intimation to the learned counsel for the wife. This suit was decreed on contest where wife had denied that no such communication was received by her. Such an appeal has been preferred by the wife before this Court against the decree of divorce. This was filed along with an application under Section 5 of the Limitation Act a little late on 7th of April, 2003. But on 2nd of July, 2003, the delay was condoned. It is contended on behalf of the respondent-opposite party that the husband has contacted marriage for the second time on 11th of June, 2003.2. At this stage this application for stay of operati...
Indian Iron and Steel Co. Ltd. Vs. Bhabesh Chandra Dutta and ors.
Court: Kolkata
Decided on: Sep-16-2003
Reported in: (2004)ILLJ1001Cal
Ashim Kumar Banerjee, J.1. The respondent No. 1 was a watchman of the appellant. He was appointed on September 9, 1954 when the company was in the private sector. The letter of appointment was issued by the then Labour and Welfare officer of the appellant company.2. The service of the respondent No. 1 was guided by the standing order dated October 22, 1948.3. The appellant company was subsequently taken over by the Government. After the appellant company was nationalized the regular service rule was prepared and was put to operation in 1985. Hence, although the respondent No. 1 became the employee of the Government Company after nationalisation his service was governed by the 1948, standing orders while he was dismissed from service by an order dated July 10, 1984.4. While the writ petitioner was in duty on October 23, 1983 a theft took place by breaking open the padlock of the room of the locker and materials worth Rs. 1.6 lacs was stolen. The writ petitioner was proceeded with depart...
Radio Manufacturers of India Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-16-2003
Reported in: 2004(1)CHN391,(2004)IILLJ322Cal
Ashim Kumar Banerjee, J.1. Since both the appeals involve identical questions of fact and law, we intend to dispose of both the appeals by this common judgment.2. One Sri Sukumal Ghosh (FMA No. 419 of 2002) and Sri Kalidas Paul (FMA No. 420 of 2002) both workmen of the appellant were retrenched by the appellant with effect from September 5, 1997 and December 29, 1997 respectively. The appellant thereafter intimated the concerned authority about such retrenchment in accordance with the provisions of Industrial Disputes Act, 1947 (hereinafter referred to as 'the said Act of 1947'). The appropriate authority thereafter initiated the conciliation proceedings.3. During the pendency of the conciliation proceedings, both the workmen approached the Labour Tribunal directly under the provisions of Section 10(1B) of the said Act of 1947 after obtaining necessary certificate from the concerned authority.4. During the pendency of the proceeding before the Labour Tribunal, the workmen applied for w...
Zafrul Hasan and ors. Vs. Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Sep-16-2003
Reported in: AIR2004Cal133
ORDERKalyan Jyoti Sengupta, J.1. The first petitioner is one of the joint Receivers, appointed in Partition Suit No. 507 of 1945 the second petitioner is one of the co-owners, while the third and fourth petitioners are tenants of the building and premises being numbered 1, Dr. Ishaque Road Kolkata (hereinafter referred to as the said premises). This premises is commonly known as 'Palace Court' and is having two separate blocks containing numerous suite and flats. This building was constructed in or about 1926 with effective sewage connection. It is claimed that this building had four several connections with the municipal sewage line.2. On 22nd April 2003, the inhabitants of the said premises could find that the filth water is accumulating and reasons therefor could be detected that the existing four numbers of drainage and sewage lines were disconnected by the Kolkata Municipal Corporation (hereinafter referred to as the said Corporation) to facilitate works of laying drainage and sew...
Veteran Company Pvt. Ltd. and anr. Vs. State and ors.
Court: Kolkata
Decided on: Sep-16-2003
Reported in: IV(2004)BC544,2004CriLJ1258
ORDERPradip Kumar Biswas, J.1. This is an application under Section 482 of the Code of Criminal Procedure filed at the instance of M/s. Veteran Company Pvt. Ltd. and Anr., as petitioners seeking to quash the proceeding under Section 138 of N.I. Act initiated before the Court of the Ld. Judicial Magistrate, 1st Class, Tamluk alleging mainly that the case, as made out by the de facto complainant, is hit by the law of limitation as upon receipt of an Intimation from the concerned bank with regard to the bouncing of the cheque in question, the complainant issued notice to the petitioner on 22-6-2001 and the said notice was received by the said petitioner in June, 2001, but suppressing the material facts, the complainant has issued a second notice to save the law of limitation which is not permissible under the law and that though the complainant has initiated the instant criminal proceeding by impleading the company itself and the directors of the company, yet, in the four corners of the p...
Elias Meyer Free School and Talmud Torah Vs. Beni Ltd. and ors.
Court: Kolkata
Decided on: Sep-16-2003
Reported in: [2005]128CompCas679(Cal)
Amitava Lala, J.1. Originally there is an application under Section 446(2) of the Companies Act, 1956, read with the Companies (Court) Rules, 1959, which is numbered as Company Petition (hereinafter called as 'C P.') No. 142 of 1992 (Ramanlal Madanlal v. Beni Ltd. [2002] 110 Comp Cas 620 (Cal)). Two interlocutory applications being Company Application (hereinafter called as 'C. A.') No. 62 of 1999 and Company Application (hereinafter called as 'C. A.') No. 568 of 1999 are the subject-matter of due consideration before this Court at present.2. The first application, being C. A. No. 62 of 1999, was taken out by a school known as Elias Meyer Free School and Talmud Torah by the pen of one David Elias Nahoum claimed to be the honorary secretary of the said school. According to him, the school is managed by a managing committee mostly comprising of the members of the Jewish community of Calcutta. Further, according to him, the managing committee is responsible for and authorised to protect t...
Coal Mines Officers' Association of India and Ors. Vs. Union of India ...
Court: Kolkata
Decided on: Sep-12-2003
Reported in: (2004)187CTR(Cal)348,[2004]266ITR429(Cal)
Barin Ghosh, J. 1. The principal reason to support the claims of the petitioners in this group of writ petitions is based on the pronouncement of a Division Bench of the Madhya Pradesh High Court in Officers' Association, Bhilai Steel Plant v. Union of India and Ors. : [1983]139ITR937(MP) , which was followed by a learned Single Judge of this Court in Indian Bank Officers' Association and Ors. v. Indian Bank and Ors. : [1994]209ITR72(Cal) , and then by a Division Bench of this Court, to which I was a party, in ITO &. Ors. v. All India Vijaya Bank Officers' Association and Ors. : [1997]225ITR37(Cal) , and lastly by the Division Bench of the Andhra Pradesh High Court in Steel Executives' Association v. Rashtriya Ispat Nigam Ltd., : [2000]241ITR20(AP) .2. Dr. Pal, who argued the case of one of the petitioners, submitted that similar questions are now being considered by the Supreme Court in a proceeding now pending before it, which has arisen out of a judgment delivered by a Division Benc...
In Re: Deepika Samanta
Court: Kolkata
Decided on: Sep-12-2003
Reported in: 2004(1)CHN58
1. A distraught daughter-in-law, battered and tortured in the hands of her in-laws, seeks to countermand the order No. 2 dated 24.7.2003 passed by the learned Sessions Judge, Alipore in Criminal Misc. Case No. 4728 of 2003 obtained by the respondent (Swapan Ganguly), who although fictionally was not a member of her in-laws' family in the grammatical sense yet was the principal architect of all her miseries and reason of her jinxed matrimony by his sinister advice and role which cast a ominus influence on her in-laws' family.2. Taking out the present application she has sought to cancel the impugned order obtained by the respondent under Section 438 of the Code of Criminal Procedure (for short, the said Code) from the learned Sessions Judge on the premises that the finding of the learned Sessions Judge that since the petitioner (Swapan Ganguly) being a family friend could not come within the provisions of Section 498A of the Indian Penal Code was wholly untenable and the averments made ...
Ranjit Kumar Halder Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-12-2003
Reported in: (2006)1CALLT355(HC)
Asok Kumar Ganguly, J.1. This contempt application has been filed by the petitioner alleging wilful and deliberate violation of the order dated 5th August, 2003, passed by this Court by W.P.S.T. No. 612 of 2003. On 5th August, 2003 this Court, upon hearing the parties, was pleased to pass the following order:Heard counsel for the parties.The order of the Tribunal against, which this application has been filed could not be annexed, as according to the learned Counsel for the petitioner, he is not able to obtain the copy of the same. We, therefore, adjourn the matter till Monday the 11th August, 2003. We hope by that time the order impugned in this writ application will be made available to the petitioner.Let the matter appear on next Monday the 11th August, 2003.Parties are directed to maintain status-quo as on date till next Tuesday the 12th August, 2003.In the facts and circumstances of the case let a Xerox plain copy of the Order duly countersigned by the Assistant Registrar (Court) ...
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