Kolkata Court April 2004 Judgments
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Samir Kumar Kar Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-07-2004
Reported in: 2004(2)CHN618
Bhaskar Bhattacharya, J.1. By this writ application, the petitioner, the seniormost teacher of the concerned college, has prayed for mandamus directing the respondents to withdraw the appointment given in favour of the private respondent No. 10, as teacher-in-charge of the said college and has further prayed for direction upon respondents No. 2 and 5-17 to take a fresh resolution thereby appointing the petitioner as teacher-in-charge of the said college w.e.f. 1st February, 2004.2. The following facts are not in dispute:The petitioner is the seniormost teacher in the said college after the retirement of Prof. Bisheswar Maity who was the last teacher-in-charge of the said college and has since retired on 31st January, 2004. It further appears from record that after the retirement of the last Principal of the college, the Governing Body appointed a person as teacher-in-charge from 1st February, 2002 although he was not the seniormost teacher of the said college but he worked upto Novembe...
Biplab Kumar Sinha Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-07-2004
Reported in: 2004(3)CHN31
Bhaskar Bhattacharya, J.1. These two writ applications were taken up together as common question of law is involved in both these writ applications and at the same time they are interlinked.2. In W. P. No. 19049(W) of 2003 the petitioner has claimed that he is entitled to get promotion to the post of Accountant in the concerned college as an unreserved candidate, he being the seniormost candidate. The petitioner has further claimed that the post of Accountant in the college being a single cadre post is not subject to reservation for Scheduled Caste or Scheduled Tribe and, thus, he cannot be deprived of promotion on the ground that the same is reserved for Scheduled Caste.3. In the other writ application, being W.P. No. 4239(W) of 2004, the petitioner therein has claimed that the post of Accountant should be reserved for Scheduled Caste and he being the only Scheduled Caste candidate in the feeder post, should be promoted to that post,4. Therefore, the only question that arises for dete...
Selvel Advertising Pvt. Ltd. Vs. Amm Media Works Pvt. Ltd.
Court: Kolkata
Decided on: Apr-07-2004
Reported in: 2004(3)CHN440
Pradipta Ray, J. 1. Selvel Advertising Ltd. the present appellant (plaintiff in the Court below) entered into an agreement dated April 4, 1995 with Analysis Marketing and Management, a propietory concern of present respondent No. 2 Sri Somdeb Banerjee, (defendant No. 2 in the Court below) for execution of a proposed park named 'Theme Park' at B.B.D. Bag Mini Bus Terminus area. Under the said agreement the said Theme Park was to be laid exclusively by the present appellant with the right to bring any sponsor of its choice and the appellant-company secured absolute and exclusive legal right to collect the cost of construction, monthly maintenance and monthly rental charges from such sponsor. As consideration the appellant company paid Rs. 2 lakhs to the respondent No. 2 on April 5, 1995 and agreed to pay Rs. 28,000/- every month to the said respondent No. 2. Although no period was expressly mentioned in the said agreement, it was stipulated in clause 19 of the agreement that :'19. The se...
Keshab Prasad Singh (In Jail) Vs. State of West Bengal
Court: Kolkata
Decided on: Apr-07-2004
Reported in: 2004(3)CHN641,2004CriLJ3072
Gora Chand De, J.1. This appeal by the convict Keshab Prasad Singh is filed against the judgment and order of conviction dated 8-1-99 and sentence dated 11-1 -99 passed by the learned Sessions Judge of the 6th Bench of the City Sessions Court at Calcutta in Session Case No. 17 of 1997 arising out of Bowbazar P.S. Case No. 454 dt. 2-12-96. By the said judgment, the learned Sessions Judge found the accused guilty under Section 302 of IPC and convicted him thereunder and sentenced him to suffer imprisonment for life.2. The prosecution's case in brief is that the convict Keshab Singh along with his wife Sila Devi, minor son Rabi (P.W. 18) and daughter Sikha was residing in the Darwan's Quarter on the roof of the fourth stroried building at 14, Princep Street, Calcutta. In the morning of 2-12-96, Rambahadur Singh (P.W. 3), brother of Sila Devi received an information through one Mustafa, a porter of Princep Street and one Basista Narayan Singh (P.W. 7) that at about 6.30 a.m. Sila Devi was ...
Shakti Pada Chandra and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: Apr-07-2004
Reported in: 2004(3)CHN665
Sadhan Kumar Gupta, J.1. This revisional application has been filed under Section 482 of the Cr. PC. The case of the petitioners was that the petitioner No. 1 was the Ex-Secretary of Radharani Girls' High School, Pandua within the District of Hooghly and the petitioner No. 2 and the petitioner No. 3 were the Headmistress and clerk of the said school. One petition was filed by Shri Kalipada Debnath of Pandua before the learned SDJM, Hooghly, alleging therein that the petitioners/accused persons made criminal conspiracy among themselves and defalcated and committed breach of trust in respect of the money of the said school. The de facto complainant has claimed himself to be an interested person for the well being of the school, being the guardian of a student. It was alleged in the said petition that in the Audit Report of the said school it was shown that there were some financial irregularities committed by the accused persons. Said petition was sent to the O.C., Pandua P.S. by the SDJ...
Ridh Karan Rekecha and anr. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Apr-07-2004
Reported in: 2004(4)CHN327
Dilip Kumar Seth, J.1. This appeal arises out of a judgment and order dated 20th of June, 2003 passed by the learned Single Judge in WP No. 1521KW) of 2001. In connection with the said appeal, an application for stay was filed. The appeal has since been assigned before us. The introduction:The introduction:2. Mr. P.C. Sen, Senior Counsel, appearing on behalf of the appellant/writ petitioner, insisted upon grant of an ad-interim order since opposed by Mr. Jayanta Mitter, Senior Counsel for the respondent No. 5, Mr. P.K. Roy, Senior Counsel for respondent Nos. 4 and 6, and Mr. Sridhar Panja and Mr. Subir Pal appearing for the State and for the Union of India respectively. In the order dated30th June, 2003, we had occasion to find that virtually we are to deal with the merit of the writ petition while deciding the question of grant of ad interim order. At this stage, all the learned Counsel appearing on behalf of the respective parties insisted that the writ petition should also be heard ...
Commissioner of Income-tax Vs. Keshoram Industries Ltd.
Court: Kolkata
Decided on: Apr-07-2004
Reported in: (2005)193CTR(Cal)116,[2004]271ITR353(Cal)
M.H.S. Ansari, J.1. At the instance of the Revenue, the Income-tax Appellate Tribunal (the 'ITAT'), as directed has drawn up a statement of case and referred the following questions of law arising out of its order in I. T. A. No, 537 (Cal) of 1989 pertaining to the assessment year 1974-75 :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessment under section 143(3)/147 was not regular assessment and interest under section 139(8) was not chargeable on the delay in filing the return of income ?2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee was entitled to relief under section 80G on the donation of Rs. 1,57,500 when the same was not claimed in the original return and was not allowed accordingly ?3. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in affirming the Commissioner of Income-tax (Appeals) direction to ca...
Jaya Karmakar Alias Jabida HossaIn Vs. Ajmal Hossain
Court: Kolkata
Decided on: Apr-07-2004
Reported in: (2004)3CALLT488(HC)
A.K. Mitra, J.1. This second appeal has been preferred by the plaintiff as appellant challenging the judgment dated 9.6.1992 and the decree dated 20.6.1992 passed by the learned District Judge, Malda in O.C. Appeal No. 2 of 1991 affirming the judgment and decree dated 30.11.1990 passed by the learned Munsif, Malda in O.C. Suit No. 200 of 1986.2. This appeal was heard under Order No. 41 Rule 11 of the Code of Civil Procedure on 11.1.1993 by the Hon'ble Division Bench of this High Court and the Hon'ble Division Bench on that passed an order that this appeal will be heard.3. This appeal arises out of a suit praying inter alia for declaration of title, stay of ex parte decree passed in O.C. No. 159/84, the said decree being obtained in collusion by practising fraud. The plaintiff also prayed for permanent injunction in respect of the suit land. The case as has been made out in the plaint or as transpires that one Sudhir Kr. Majumder and Bimal Kr. Majumder were the joint owners in respect o...
Baharal Fishermen Co-operative Society Ltd. Vs. State of West Bengal a ...
Court: Kolkata
Decided on: Apr-07-2004
Reported in: 2005(2)CHN57
Altamas Kabir, J.1. Two fisheries, namely, Laxmi Kole Bisanpur Jalkar (Nurpur barrage to entire Haripur Koke) and Laxmi Kole Bisanpur Jalkar (from Haripur Kole damn to Talbona) are the objects of dispute between the writ petitioner society and the Chandpur Fishermen's Co-operative Society Limited, being the respondent No. 5 in the writ petition.2. Pursuant to a notice issued, on 3rd April, 2003, by the District Land and Land Reforms Officer, Malda, the writ petitioner and the respondent No. 5 cooperative societies submitted tenders for the said two fisheries. According to the petitioner society, when the tender papers were opened on 10th April, 2003, its bid in respect of the said two fisheries were declared to be the highest. As per the terms of the tender, the petitioner society was asked to deposit 1/4th of the lease rent and such direction was duly complied with by the petitioner society. Since in spite of the above possession of the fisheries was not made over to the petitioner so...
Abdur Rahim Sardar Vs. State and ors.
Court: Kolkata
Decided on: Apr-06-2004
Reported in: 2004(2)CHN602
1. The petitioner was asked to appear at an interview for selection to the post of Constable in the Calcutta Police and pursuant to the interview letter dated 17th January, 1994 the petitioner appeared before the Selection Board on 6th April, 1994 for interview, which according to him was to be conducted on the basis of the Calcutta Police Regulations, 1968.2. The petitioner was found fit and suitable in physical measurement and also successfully completed the physical tests, such as, hundred metres and four hundred metres run and fifteen feet long jump. Despite having succeeded at the aforesaid stages, the petitioner was ultimately informed that he had failed to qualify in the viva-voce test.3. Since the petitioner was not officially informed as to the fate of his interview, he moved a writ application, being C.O. No. 10370(W)/94 in November, 1994, inter alia, for a direction upon the respondents to appoint him as Constable in the Calcutta Police. The said writ application stood trans...
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