Kolkata Court August 2004 Judgments
Nur Bakta Gayen and ors. Vs. Jahur Mohammad Gayen and anr.
Court: Kolkata
Decided on: Aug-26-2004
Reported in: 2004(4)CHN228
Bhaskar Bhattacharya, J.1. This application under Article 227 of the Constitution of India is at the instance of defendants in a suit for declaration of title and permanent injunction and is directed against Order No. 56 dated January 28, 2004 passed by the Civil Judge, Junior Division, 1st Court, Diamond Harbour, in Title Suit No, 230 of 1995 thereby rejecting an application for amendment of written statement by the petitioners.2. As indicated above, the aforesaid suit was filed for declaration of title and for permanent injunction. The petitioners entered appearance and filed written statement thereby denying the material allegations made in the plaint and asserting their own title. Subsequently, the petitioners have come up with the application for amendment of the written statement thereby praying for amendment of various statements made in the original written statement. It was contended that as the petitioners had no sufficient knowledge of law and had lack of intelligence, some ...
Tag this Judgment!Sudhir Bhuiya Vs. National Insurance Co. Ltd. and anr.
Court: Kolkata
Decided on: Aug-26-2004
Reported in: IV(2005)ACC432,2005ACJ509
Bhaskar Bhattacharya, J. 1. This application under Article 227 of the Constitution of India is at the instance of an applicant under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') and is directed against the Order No. 26 dated 8.1.2004 passed by the learned Judge, Motor Accidents Claims Tribunal, 2nd Court, Burdwan in M.A.C. Case No. 65/376 of 2002 thereby rejecting an application filed by the petitioner for marking three different documents as exhibits without calling any witness to prove those documents.2. In the said proceedings under the Act, the petitioner filed an application on 24.5.2004 praying for admitting a 'disablement certificate' issued by the Department of Orthopaedic, R.G. Kar Medical College and Hospital, Calcutta, a 'discharge certificate' issued by Durgapur Steel Plant Hospital and a 'medical bill' issued by Durgapur Steel Authority of India without calling any witness. According to the petitioner, those documents were public docum...
Tag this Judgment!Nandarani Bhandari and ors. Vs. Pratima Bhandari and ors.
Court: Kolkata
Decided on: Aug-26-2004
Reported in: 2005(4)CHN530
Tapan Kumar Dutt, J.1. I have heard the learned Advocates appearing on behalf of the respective parties.2. The facts, very briefly, are as follows :The petitioner filed an application for pre-emption under Sections 8 and 9 of the West Bengal Land Reforms Act, 1955 being Miscellaneous Case No. 25 of 1998 against the opposite parties praying, inter alia, for an order of pre-emption in respect of the disputed property sold by the opposite party No. 2 to the opposite party No. 1 by a Deed of Conveyance dated 21.09.1998. The disputed property is a land measuring two sataks along with other alleged rights and privileges. The petitioners have alleged that the opposite party No. 2 out of his holding sold two sataks of land to the opposite party No. 1 by a registered Deed of Conveyance dated 21.09.1998 and that the petitioners are the owners of the land contiguous South to the disputed property and are entitled to pre-emption of the ground of his vicinage. That the Opposite Party Nos. 1 and 2 f...
Tag this Judgment!Jayati Banerjee Vs. United Bank of India and ors.
Court: Kolkata
Decided on: Aug-25-2004
Reported in: 2004(4)CHN376
1. The stay application arises out of an appeal preferred by the writ petitioner against the judgment and order dated 2nd July, 2004 passed by the learned Single Judge in W. P. Nos. 10613(W) of 2004, dismissing the same on the ground that there was no merit in the writ application.2. In the writ petition the appellant had challenged the simultaneous continuance of disciplinary proceedings and a criminal investigation arising out of a First Information Report dated 8th February, 2004 lodged by the bank under Section 409 of the Indian Penal Code.3. The learned Single Judge dismissed the application on the finding that since the criminal proceedings were only at an investigation stage, there is absolutely no guarantee that after the investigation the police would file a chargesheet against the petitioner. In such a situation, the learned Judge observed that nobody knew whether at all the writ petitioner would be required to face a criminal trial.4. Aggrieved by the said order of dismissal...
Tag this Judgment!Bank of Maharashtra Vs. Dilip Kumar Pandit and ors.
Court: Kolkata
Decided on: Aug-25-2004
Reported in: 2004(4)CHN589
Altamas Kabir, J.1. Between 2nd May, 1990 and 8th October, 1991, the writ petitioner/respondent No. 1 worked as a clerk in the Savings Department at the Netaji Subhas Road Branch of the Bank of Maharashtra. On 8th October, 1991, the Bank, which is the appellant herein, suspended Shri Pandit from service allegedly on the ground of having made false entries relating to various accounts resulting in misappropriation of about Rs. 1,55,300/-.2. On or about 15th June, 1992, a draft chargesheet was prepared and sent to the central office of the Bank for approval. Soon thereafter the questioned documents were sent by the Bank to the Government Examiner of the Central Forensic Institute, Kolkata, for opinion as to the manipulated and/or interpolated entries in the ledgers, charts, vouchers and balance books. On 30th July, 1992, the Criminal Bureau of Investigation registered a case against Shri Pandit, being R. C. Case No. 37 of 1992, in the Court of the 3rd Special Judge, Calcutta. On 30th Nov...
Tag this Judgment!Tapan Kumar Mondal Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-25-2004
Reported in: 2005(1)CHN351
Indira Banerjee, J.1. This writ application is directed against the action of the respondents in not approving the appointment of the petitioner to a Group 'D' post in Pichhabani Bani Niketan High School, P. O. Pichhabani, District-Purba Medinipur, hereinafter referred to as the School.2. The petitioner's father who was an assistant teacher of an aided nonGovernment School in Midnapur died in harness.3. The petitioner's name was sponsored for appointment to the post in question from the 'died-in-harness' category after the concerned District Inspector of Schools granted prior approval to the School for filling up the post.4. The petitioner successfully appeared for an interview and was empanelled. The petitioner is the only empanelled candidate for the post.5. By a memo, dated 21st March, 2001, the concerned District Inspector of Schools approved the panel. There was, however, an endorsement to the effect 'the contents of Finance Department's Memo. No. 4100-FB dated 13.12.2000 strictly...
Tag this Judgment!Makhanlal Agarwalla Vs. Kulti Municipality and ors.
Court: Kolkata
Decided on: Aug-25-2004
Reported in: (2005)1CALLT584(HC)
Pratap Kumar Ray, J.1. Heard the learned advocates for the parties.2. In the instant case, the petitioner has prayed for the following reliefs :a) A writ in the nature of mandamus commanding the respondent Municipal Authority or their men, agent and subordinate to take legal action against the respondent Nos. 5 and 6 for non-compliance of the provision of the West Bengal Municipal Act forthwith.b) A writ in the nature of mandamus commanding the respondent to demolish the unauthorized construction of the respondent Nos. 5 and 6 which is not in accordance with the sanctioned building plan.c) A writ in the nature of certiorari calling upon the respondent authority to transmit the entire records relating to this case before this Hon'ble Court so that after perusal of the same conscionable justice may be administered.e) An interim Order in terms of prayer (a) and (b) as above.3. This writ application has been affirmed by one Sri Sanjoy Kr. Piruka alias Agarwal. son of Sri Babulal Piruka ali...
Tag this Judgment!Nand Kishor Sonkar Vs. Howrah Municipal Corporation and ors.
Court: Kolkata
Decided on: Aug-25-2004
Reported in: 2005(3)CHN140
Asok Kumar Ganguly, J.1. In this matter, parties have been heard at length and with the consent of the parties, we have treated this appeal on day's list and both the appeal and the stay application are decided by the following judgment:2. This appeal is directed against an order dated May 20, 2004 passed by a learned Judge of the Writ Court dismissing the writ petition summarily without calling for any affidavit.3. In fact, two writ petitions were filed. The first one was filed by the petitioner in the month of April, 2004 and is still pending. Both the writ petitions were filed in connection with disputes arising out of a tender notice issued by the Howrah Municipal Corporation (HMC) inviting tender for grant of parking fee licence by HMC in respect of I.C. Bose Road and also the road in front of Ashoka Hotel. An advertisement was published in two Bengali dailies i.e. 'Ganashakti' and 'Aajkal' on January 14, 2004 inviting tenders for grant of licence in front of those roads for a per...
Tag this Judgment!Lakshmi Soren Vs. New India Assurance Co. Ltd. and anr.
Court: Kolkata
Decided on: Aug-25-2004
Reported in: 2006ACJ551
Prabir Kumar Samanta and Maharaj Sinha, JJ.1. The claimant-appellant has come up before this court against the judgment passed by the Judge, Special Court-cum-Motor Accidents Claims Tribunal, Burdwan, in the Motor Accident Claim Case No. 42 of 2001 (117 of 1998). By the aforesaid judgment the claim petition under Section 166 of the Motor Vehicles Act, 1988 was dismissed.2. The facts giving rise to the above claim petition are that at the material point of time the claimant-appellant was on duty as a driver of the truck No. WB 41-7581. While he was driving the same by the side of the road on 19.12.1996 near Hatimore under Rajgung within the district of Jalpaiguri, it collided with the vehicle No. HR 38-B 6221. As a result of the said accident the claimant-appellant sustained severe injuries on his both legs. Claimant-appellant ultimately died on 19.4.1998, at Burdwan Medical College and Hospital. The above claim case was filed against the owner of the vehicle in which claimant-appellant...
Tag this Judgment!P.C. Guha and Sons Vs. State of West Bengal
Court: Kolkata
Decided on: Aug-23-2004
Reported in: 2004(4)CHN368
Soumitra Pal, J.1. In the instant writ petition, the petitioner has challenged the notification dated 10.7.1997 (for short 'the notification') issued by the Director of Drugs Control, West Bengal, the memo dated 2.9.2002 issued by the Assistant Director of Drugs Control, Midnapore District Office and the memo dated 5.9.2002 issued by the Deputy Director of Drugs Control, Bankura Regional Division Office.2. Mr. Roy Chowdhury, learned Advocate appearing for the petitioner submits that the notification directing licensed firms willing to change (increase or decrease) their existing area of the premises to obtain fresh licence after submitting fresh application in respective form along with fresh sketch map and original T.R. challan depositing requisite fees for grant of licence is bad in law since it amounts to cancellation of the licence granted and such cancellation is illegal in view of Rule 66 of the Drugs and Cosmetics Rules, 1945 (for short the 'the Rules'). Thus, it is submitted th...
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