Kolkata Court June 2004 Judgments
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Monmohini Coomer Having Proprietor of Coomer Construction Company and ...
Court: Kolkata
Decided on: Jun-15-2004
Reported in: 2005(1)CHN132
Amitava Lala, J.1. The second appeal arises out of a concurrent finding of facts in a dispute between landlord and tenant. However, appeal was admitted by a Division Bench of this Court on the grounds No. VI, X, XIV, XVI, XVII and XVIII. After admission of the appeal by the Division Bench an application for stay of the Title Execution Case No. 151 of 1986 was proceeded before a Single Judge of this Court and the applicant herein obtained an order of stay for a limited period which was extended from time to time. Today the date is fixed for final hearing of this application on affidavits exchanged by or between the parties herein.2. Mr. S.P. Roychowdhury, learned senior Counsel, appearing on behalf of the appellant/tenant contended before this Court that when the appeal has been admitted by a Division Bench of this Court the order of stay is virtually automatic. Therefore, there is hardly anything to speak out in respect of grant of such order. However, as the cause of action for a mesn...
India Hosiery and Allied Industries and anr. Vs. State of West Bengal ...
Court: Kolkata
Decided on: Jun-14-2004
Reported in: 2004(4)CHN585
D.K. Seth, J.1. In his usual fairness the learned Counsel for the appellant points out that the Scheme under which the relief is asked for has nothing to do with the Sales Tax Authorities. The Scheme is not promulgated under any of the statute, which is covered under section 8 of the West Bengal Taxation Tribunal Act, 1987. The Sales Tax Authorities are the authority only for certifying the correctness of the particulars furnished by the petitioners. The application is to be made before the authorities of the State Government, being the respondent Nos. 2 and 4 who are part of the Finance Department of the Government of West Bengal. They are not discharging any function under the Sales Tax Act while dealing with the Scheme. Therefore, the decision appealed against refusing the relief on the ground of maintainability of the writ petition in view of section 8 of the West Bengal Taxation Tribunal Act, 1987 seems to be not in accordance with law. The learned Counsel had drawn our attention ...
Karunamoy Ghosh Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-14-2004
Reported in: (2005)1CALLT447(HC),[2005(106)FLR241]
Pratap Kumar Ray, J.1. Heard learned advocates appearing for the parties.In the instant writ application, the petitioner has prayed for release of all retirement benefits on considering the petitioner as an employee who enjoyed the 5th term of extension upon granting appropriate leave for the period of absence for 10 months during the 5th term of extension. The facts leading to the writ application are as follows :2. The petitioner, admittedly while discharging the function as Headmaster of the school, exercised his option for ROPA 1990 pay scale, that is revised pay scale, but subsequently during the extended period of time to revert to the pre-revised pay scale, the petitioner applied for the same and was allowed to enjoy the pre-revised pay scale with right to serve the school upto the age of 65 years on crossing the age of superannuation, on extension of service year to year basis subject to physical fitness and mental alertness as well as subject to refund of excess amount as alre...
Rani Bala Dey Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-11-2004
Reported in: 2004(3)CHN527
1. This is an application for cancellation of the bail granted by the learned Sessions Judge, 24-Parganas (North) on 16.01.2004 in Criminal Misc. Case No. 5460 of 2003 in favour of the opposite party No. 2.2. The opposite party No. 2 was arrayed in connection with Habra Police Station Case No. 22 dated 15.01.2000 under Section 302/34 of the Indian Penal Code read with Sections 25 and 27 of the Arms Act on the basis of an First Information Report lodged by the present petitioner containing allegation that her son Utpal asked for his meal from her on the night of 14.01.2000 at about 8/ 8.30 p.m. when a person called him as a result of which he went outside but did not return and on the next day she came to know that her son's deadbody, which was identified by her, was found with gun-shot injuries. She alleged that the present opposite party No. 2 and his associates attempted to murder her son Utpal thrice and her son had told her that if he is ever murdered it will be in the hands of the...
Paul Enterprise and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-11-2004
Reported in: 2004(4)CHN36
Subhro Kamal Mukherjee, J.1. This is an application under Article 226 of the Constitution of India challenging an order dated July 25, 2003 passed by the Excise Commissioner, West Bengal, affirming an order dated December 9, 2002 passed by the District Magistrate and Collector, Bankura, granting licence for the retail vend of country spirit in favour of the respondent Nos. 7 and 8.2. On January 18, 2001 Government of West Bengal floated an advertisement inviting applications from companies, firms and societies formed by unemployed youths for issue of excise licences for country spirit shops at various locations including Chatramore in the district of Bankura.3. The petitioner Nos. 2 and 3 are educated unemployed youths and they proposed to form a partnership firm in the name and style of Paul Enterprise, the petitioner No. 1.4. On February 18, 2001 the petitioners applied, in prescribed form, for licence for country spirit shop at Chatramore in the district of Bankura. The petitioners,...
Arambagh Paper Mills Private Ltd. and ors. Vs. the Board for Industria ...
Court: Kolkata
Decided on: Jun-11-2004
Reported in: (2004)3CALLT132(HC),[2005]128CompCas364(Cal),[2005]59SCL581(Cal)
Subhro Kamal Mukherjee, J.1. This is an application under Article 226 of the Constitution of India, inter alia, challenging an order dated September 30, 2003 passed by the Board for Industrial and Financial Reconstruction, Bench-II, in Case No. 225 of 2000.2. By the order impugned the said Board dismissed the reference under Sub-section (1) of Section 15 of the Sick Industrial Companies (Special Provisions) Act, 1985 as time barred.3. On September 27, 1999 the audited accounts of the company for the financial year 1999-2000 were adopted at the annual general meeting of the company.4. On May 17, 2000 the directors of the company in the board meeting, inter alia, resolved, after considering the audited accounts of the company, that a reference under Sub-section (1) of Section 15 of the said Act of 1985 should be made to the said Board.5. Consequently, on June 28, 2000 the company made a reference to the said Board, which was received by the said Board on July 10, 2000. The said reference...
Ansar Ali Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-11-2004
Reported in: 2005(1)CHN646
P.N. Sinha, J.1. This revisional application under Section 401 read with Section 482 of the Code of Criminal Procedure (hereinafter called the Code) has been preferred by the petitioner assailing the order dated 17.1.04 passed by the learned Additional District and Sessions Judge, Fast Track Court No. 1 at Barasat in Sessions Trial No. 6(1) of 2004 corresponding to Sessions Case No. 31(5) of 2003 arising out of complaint case No. 982 of 1999 and thereby discharging the accused opposite parties 2 to 12 from the alleged offence under Section 304 of the Indian Penal Code (hereinafter called the IPC) and rejecting petitioners prayer to frame charge under Section 304 of IPC against the said accused persons.2. Before entering into the merit of the case it would be fruitful to narrate the facts of the case, in short, which are as follows:The petitioner as complainant submitted a complaint before the learned Sub-Divisional Judicial Magistrate (hereinafter called as SDJM), Barrackpore against t...
Nadia District Primary School Council and ors. Vs. Sristidhar Biswas a ...
Court: Kolkata
Decided on: Jun-11-2004
Reported in: (2005)1CALLT402(HC)
Dilip Kumar Seth, J.1. Facts:A panel for appointment of primary teachers was prepared in 1980 for the District of Nadia in which 1965 candidates were included in the panel. Out of these candidates only 600 were trained candidates. Rule 3(d) of the Recruitment Rules provides that while preparing the panel for appointment to the post of primary teachers, preference shall be given to the trained candidates in such a manner that all additional posts sanctioned by the Government from time to time due to enhancement in roll strength in existing schools and at least 50% of the normal vacancies in such schools are filled up by trained candidates only, if sufficient number of trained candidates are available. By a notification dated 26th October. 1971 the Government of West Bengal, Education Department, Primary Branch recognised the training as an additional qualification for appointment as assistant teacher. By another notification dated 5th September, 1973, it was provided that while giving a...
Coal India Limited Vs. Manish Traders
Court: Kolkata
Decided on: Jun-11-2004
Reported in: (2005)1CALLT566(HC)
D.K. Seth, J.1. This appeal arises out of a decision dated 7th July 1995 passed by the learned single Judge in Matter No. 262 of 1992. The Matter No. 262 of 1992 is related to an application under Sections 30 and 33 of the Arbitration Act, 1940 (1940 Act) seeking to set aside the award. The award appears to be a non-speaking one. As rightly submitted by the learned counsel for the respondent the jurisdiction of the Court to interfere with a non-speaking, award is very very limited.Submission on behalf of the appellant:2. The learned counsel for the appellant accepted the said settled proposition of law and contended that a non-speaking award is not sacrosanct. It can be interfered with in certain cases and this is one, which comes within the exception. He has raised two points. One with regard to the existence of the dispute or in other words the arbitrability of the alleged disputes raised before the Arbitrator and other was with regard to the jurisdiction of the Arbitrator in passing...
Ratan Kumar Agarwala Vs. Sahanur Bewa and ors.
Court: Kolkata
Decided on: Jun-10-2004
Reported in: III(2004)ACC646,2005ACJ1914,(2004)3CALLT445(HC),2004(4)CHN263
Prabir Kumar Samanta, J.1. This miscellaneous appeal is directed against the judgment and award dated 7th November, 1997 passed in M.A.C. Case No. 186 of 1993 by the M.A.C. Tribunal, Malda. By the aforesaid judgment and award, the owner of the offending vehicle has been directed to pay a statutory compensation for a sum of Rs. 25,000/- to the claimant-respondents. The owners of the offending vehicle has preferred the above appeal in this Court against the said judgment and award.2. The claimant-respondents are the heirs and legal representatives of the deceased who died in an accident while travelling in the offending vehicle No. W.G.R. 1202. The facts of the case as appear from the records of this case are that on 1st July, 1993 at about 9.30 p.m. at night the victim was proceeding towards Malda Town from village Gobarjana in the said offending vehicle, the same vehicle lost control while avoiding hitting a buffalo and as a result of which the vehicle fell into a ditch near a culvert....
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