Kolkata Court August 2004 Judgments
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Sukumar Ghosh Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-18-2004
Reported in: 2004(4)CHN629
Soumitra Pal, J.1. The writ petitioner has contended that the respondent No. 8 was granted licence in respect of an M. R. shop. At that relevant point of time since the respondent No. 8 was serving as a Primary School Teacher, the school authorities by a letter directed the respondent No. 8 to report whether he would continue as a Primary Teacher or as M.R. dealer. Thereafter, the respondent No. 8 executed a registered power-of-attorney in favour of the petitioner to run the M.R. shop. Contention has been made that the authorities concerned accepted the said power-of-attorney executed in favour of the petitioner and allowed him to lift the articles. Licence in respect of the M.R. shop was also renewed regularly. Later, though the power-of-attorney was not revoked, the respondent No. 8 sought to get control over the shop. There were proceedings before the Civil Courts. It is contended by the petitioner that in spite of specific orders by the Civil Courts, the State respondents have fail...
Manashi Sinha Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-18-2004
Reported in: (2005)1CALLT261(HC),2005(1)CHN171
Asok Kumar Ganguly, J.1. This appeal is directed against the judgment and order dated 8th April, 2003 passed by a learned Judge of the Writ' Court by which the learned Judge was pleased to accept the conclusions and recommendations of One Man Committee and held that no separate enquiry is called for apart from the one done by the One Man Committee.2. The writ petition was filed by Smt. Manashi Sinha, wife of late Abhijit Sinha, inter alia, praying for treating the letters of complaint dated 14th July, 2002 and 16th July, 2002 as FIR and to start a case under Sections 120B/365/330/506(ii)/306/448/551 and 455 of the IPO. The main prayer of the writ petitioner before this Court and also before the learned Judge of the Writ Court, is for a direction that this Hon'ble Court should pass an order directing the Central Bureau of Investigation to conduct an investigation in respect of the complaints made by Manashi about the alleged excesses committed by the Police Authorities, while arresting ...
Mitali Goswami Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-18-2004
Reported in: 2005(1)CHN235
Dilip Kumar Seth, J.1. The appellant had purchased the land between 7th April, 1989 and 11th August, 1989 by diverse deed of sale from different owners, whose names were recorded either in the C. S. and R. S. records-of-right. On the face of threat on the land being vested, a Title Suit No. 67 of 1989 was initiated on 27th September, 1989 by the appellant before the learned Munsif (2nd Court), Durgapur, Burdwan and obtained a temporary injunction on 23rd March, 1990. The suit was decreed against the State exparte on 21st July, 1990. Despite communication of the decree, the records-of-right having not been corrected, on 16th May, 1991, a writ petition being C.O.6640 (W) of 1991 was moved. This was disposed of on the said date by the Hon'ble Altamas Kabir, J. by directing the B. L. & L. R. O. to correct the records-of-right within three months. On account of default, Contempt Rule No. 51 of 1992 was issued on 24th January, 1992. In the Title Execution Case No. 3 of 1991 seeking to execut...
Basanti Seal and ors. Vs. Premlal Seal and ors.
Court: Kolkata
Decided on: Aug-17-2004
Reported in: (2005)1CALLT74(HC),2005(1)CHN31
Subhro Kamal Mukherjee, J.1. This is an application under Section 47 of the Code of Civil Procedure challenging the executability of the decree on the allegation that the decree passed in the suit is a nullity.2. Radheshyam Seal was the owner of the suit property situated at 4, Krishna Behari Sen Street, Kolkata -7 as also, of the properties at Chinsurah, District Hooghly and at Jasidih in the State of Bihar now Jharkhand.3. The said Radheshyam Seal on September 1, 1937 executed a registered deed of trust in respect of his properties including the suit property. In the said deed of trust, the settlor appointed himself and his wife, Sabitri Seal, as the trustees to hold the properties for their use and benefits and after their demise for the benefits of their sons, namely Parbati Shankar Seal, Hiralal Seal and Subal Charna Seal.4. The heirs and legal representatives of the said Subal Charan are the petitioners in this application.5. In the said deed of trust, the trustees reserved their...
Oriental Tiles Ltd. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Aug-17-2004
Reported in: 2005(180)ELT316(Cal)
Kalyan Jyoti Sengupta, J.1. By this application the writ petitioners in substance want a declaration that additional duty equal to excise duty is not leviable on imported marble materials under the provision of the Custom Tariff Act, 1975 (hereinafter referred to as the said Act). The petitioner has been carrying on business of importing and exporting of polished marble and marble slabs. While carrying on business they import polished marble slabs from different countries namely Oman, Srilanka, Spain, Italy, Greece, Egypt and Turkey observing all legal formalities. The petitioners enjoy exemption from payment of basic customs duty in respect of the import of polished marble slabs from Srilanka on the strength of notification issued under Section 25 of the Customs Act, 1962. The said notification has been issued in view of bilateral free trade agreement entered into by and between Republic of India and Socialist Republic of Srilanka. There is no dispute about the aforesaid fact. The pet...
Abp Private Limited and anr. Vs. Union of India (Uoi) and anr.
Court: Kolkata
Decided on: Aug-17-2004
Reported in: (2005)1CALLT103(HC),2005(4)CHN708,[2005]62SCL493(Cal)
ORDERPinaki Chandra Ghose, J.1. The Court: The petitioner has filed this application challenging a Notification bearing No. 733 dated 25th June, 2004 as well as a further Notification bearing No. 734 dated 30th July, 2004 whereby the said respondent No. 2 sought to implement the new Audit Guideline in respect of its members publication.2. The respondent No. 2 is an existing company within the meaning of Companies Act, 1956 and subsequently under Section 25 of the Companies Act, 1956 licence was issued by the Central Government in favour of the respondent No. 2.3. At the time of moving of the said application on 5th August, 2004 this Hon'ble Court after hearing the petitioner passed an ad-interim order of injunction restraining the said Notification dated 25th June, 2004 and 30th July, 2004 without the leave of this Hon'ble Court and the matter was returnable before the Court on 11th August, 2004. The matter came up before this Hon'ble Court on 13th August, 2004. The respondent No. 2 an...
Ritashree Basu Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-16-2004
Reported in: 2005(1)CHN7
D.K. Seth, J.1. In this case the father of the appellant Ranjit Pal Chowdhury executed a registered deed of patta on 23rd March, 1953 settling certain lands (16.64 acres) in favour of her daughter who was then 5 years old represented by her mother and guardian. This document included the present lands in question measuring about 3.64 acres recorded as orchard (Bagan). In the return submitted by Ranjit Pal Chowdhury in 'B' Form under the West Bengal Estates Acquisition Act (WBEA Act), the entire 16.64 acres of land settled in favour of Ritashree Pal Chowdhury was retained by her father Ranjit Pal Chowdhury. On the strength of the retention, the land was recorded in the R. S. record-of- rights in the name Ritashree Pal Chowdhury. Mr. Mukherjee submits that Ritashree Pal Chowdhury was married on 12th December, 1970 (page 65 of the Supplementary Paper Book); viz : before the family ceiling introduced under the West Bengal Land Reforms (Amendment) Act, 1969 became effective i.e., 15th Febru...
Tirupathi Labour and Contract Transport Co-operative Society Ltd. Vs. ...
Court: Kolkata
Decided on: Aug-13-2004
Reported in: AIR2005Cal51,2005(1)CTLJ430(Cal)
Jayanta Kumar Biswas, J.1. The petitioner in Writ Petition No. 114 of 2004 is the appellant in this appeal. It is aggrieved by the judgment and order dated July 12, 2004, whereby its writ petition was dismissed by the learned single Judge.2 Challenging the award of contract to the 5th respondent in the writ petition by the A and N administration, the writ petition was filed. Quotations were invited by the Directorate of Civil Supplies And Consumer Affairs, A and N Islands by publishing the tender notice dated January 12, 2004. Rates were invited for the works mentioned in serials 1 to 12 of the annexure to the tender, from. Both the appellant and the 5th respondent in the writ petition submitted per metric ton rates.3. Subsequent to submission of the tender papers by the tenderers, the competent authority decided to give contract only regarding works mentioned against serials 3, 4 and 5. The administration also decided to ascertain the effect of the rates quoted by the appellant and th...
Assembly of God Church Vs. Ivan Kapper and anr.
Court: Kolkata
Decided on: Aug-12-2004
Reported in: 2004(4)CHN360
Bhaskar Bhattacharya, J.1. This revisional application under Article 227 of the Constitution of India is at the instance of defendants in a money suit and is directed against Order No. 17 dated May 7, 2004 passed by the Civil Judge, Senior Division, 3rd Court, Alipore in Money Suit No. 15 of 2002 thereby rejecting an application under Order 7 Rule11(d) of the Code of Civil Procedure ('Code') for rejection of the plaint.2. Two plaintiffs (the plaintiff No. 1 being the husband of the plaintiff No.2) filed the aforesaid money suit against the School Authorities for recovery of their retirement benefits as employees of the School. There is no dispute that the plaintiff No. 1 retired as a Superintendent of Boys' Home and the plaintiff No.2, as the Headmistress of the School. In the plaint they have made two separate schedules disclosing their separate dues and in paragraph 25 of the plaint, the specific averments are made that the respective right to relief had arisen out of the series of a...
Kalpana Travels and anr. Vs. the Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Aug-12-2004
Reported in: AIR2005Cal73
ORDERJayanta Kumar Biswas, J.1. The writ petitioners are aggrieved by the decision dated July 28, 2004 (Annexure P-14) given by the Chairman of the State Transport Authority, the Andaman and Nicobar Islands, Port Blair.2. By the impugned decision the Chairman suspended the first petitioner's bus route permit for a period of six months; and the order of suspension has been issued in exercise of power stated to be conferred on him by Section 86 of the Motor Vehicles Act, 1988.3. There is no dispute that the first petitioner's stage carriage permit, issued on November 12, 2003, was to remain valid till December 31, 2004, and it was issued by the State Transport Authority.4. It appears from the impugned decision that certain villagers of Ranchi Basthi, located by the side of the route meant for the first petitioner's bus, submitted written complaints to the respondent authority, and such complaints were submitted through lawyers. It further appears that on the basis of such complaints, aft...
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