Skip to content

Kolkata Court June 2005 Judgments

Browse smarter

Open an 18-section brief on any judgment

Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.

  • AI Brief & Ask
  • Semantic AI Search
  • Devil's Bench

Credentials emailed - log in to pick up where you left off.

Jun 15 2005

Association of West Bengal Secretariat Assistants and anr. Vs. the Sta ...

Court: Kolkata

Decided on: Jun-15-2005

Reported in: (2006)3CALLT77(HC)

S.P. Talukdar, J.1. The present application under Article 226 of the Constitution of India is directed against the. Judgment dated 6th September, 2002 passed by the West Bengal Administrative Tribunal, hereinafter referred to as 'the Tribunal' in O.A. No. 2899 of 1999.Grievances of the petitioners may briefly be stated as follows:2. The petitioners approached the Tribunal with the grievance that while fixing the quantum of House Rent Allowance of the Secretariat employees posted at Calcutta, the respondent/State authorities committed discrimination. It was alleged that the State Government employees posted at New Delhi were getting 30% House Rent Allowance and after declaration of Calcutta as 'A-1' city, the Secretariat employees should get H.R.A. at the same rate, i.e., 30% H.R.A. It was contended that previously the Secretariat employees were getting more H.R.A. but, subsequently, the same was brought at par with all the employees of the State Government. It was further claimed that ...


Jun 14 2005

West Bengal State Warehousing Corporation Employees Association and an ...

Court: Kolkata

Decided on: Jun-14-2005

Reported in: 2005(3)CHN584

Soumitra Pal, J.1. In the writ petition, the petitioner No.1 is the 'Employees' Association affiliated to the 12th July Committee. It is a trade union registered under the Trade Unions Act, 1926. The respondent No. 2 is its General Secretary. The contentions of the petitioners are that though majority of the members are in support of the petitioner No. 1 and are the actual office bearers of the said trade union, that is petitioner No. 1, and though the petitioners by letter dated 18th January, 2005 demanded before the respondent Nos. 1 and 2 to declare the petitioner No. 1 as the real committee but the said respondent by letter dated 24th March, 2005 intimated that the Registrar of Trade Unions was not empowered to declare the petitioner No. 1 as the sole bearer of the union. Submission is made under Section 8 of the Trade Unions Act, 1926 (for short 'the Act') the Registrar, on being satisfied that the Trade Union has complied with all the requirements under the Act in regard to regis...


Jun 13 2005

Biswanath Dutta and ors. Vs. State of West Bengal and ors.

Court: Kolkata

Decided on: Jun-13-2005

Reported in: 2006(1)CHN182

Aloke Chakrabarti, J.1. Petitioners are spray workers under District Health Department in Hooghly and as seasonal workers they were continuously working for more then five years without any break since the year 1990. Some of the petitioners belonged to scheduled caste, some belonged to scheduled tribe and backward caste.2. Petitioners were engaged for the purpose of eradication of malaria, kalazar and encephalitis.3. By Government circular dated 3rd August, 1979, the Government of West Bengal formulated some principles to be followed in the matter of absorption of casual and such other categories of workers. Subsequently by another circular dated 28th August, 1980 the casual workers already in employment on 3rd August, 1979 and working continuously, were held eligible for absorption in regular establishment in the same manner as laid down in paragraph 3 of the earlier circular dated 3rd August, 1979. By a further circular dated July 9, 1981 such casual workers were to be considered for...


Jun 13 2005

Sanatan Alias Sona Layek Vs. State

Court: Kolkata

Decided on: Jun-13-2005

Reported in: 2006CriLJ1025

G.C. De, J.1. This appeal by the convict Sanatan alias Sona Layek is directed against the judgment and order of conviction and sentence dated 5-6-1998 passed by the learned Additional Sessions Judge, 5th Court, Midnapore in S.T. Case No. XLIX/ July/97 arising out of G.R. Case No. 1967/ 88. By the said judgment the convict was found guilty under Section 396 of I.P.C. convicted him thereunder and was sentenced to suffer imprisonment for life and also to pay a fine of Rs. 2000/- i.d. to undergo R.I. for six months. By the said judgment other three accused persons, namely 1) Anil Patra alias Methra, 2) Diban alias Manu Mandi and Zebra Ari alias Gour Bera were found not guilty to the charge under Section 396 of I.P.C. and accordingly all of them were acquitted under Section 235(2), Cr. P.C.2. Prosecution case in brief is that four persons, namely, Ramkrishna Ponda, Ratikanta Adhikary, Bimal Das and Rampada Sau while returning to their village home at Pasang from Radhamohanpur Railway Statio...


Jun 13 2005

Sangita Jalan Vs. State of West Bengal and ors.

Court: Kolkata

Decided on: Jun-13-2005

Reported in: 2006(1)CHN644

Asok Kumar Ganguly, J.1. This appeal is directed against a judgment and order dated 02.09.2004 passed by a learned Judge of the Writ Court by which the learned Judge was pleased to dispose of the two writ petitions being W.P. No. 10120 (W) of 2004 filed by the appellant and another writ petition being W.P. No. 8269 (W) of 2004 filed by one Abhijit Das. The dispute is over grant of foreign liquor (off) shop licence. The detailed facts are noted below:Pursuant to an advertisement in the newspaper on 28th August, 2000, the appellant applied for grant of the said licence near ITC Cigarette Company at Metiabruz and its vicinity. In connection with the said grant of licence a lottery was held for preparation of a panel and the appellant came in the first position in the said panel and she was asked by the Collector of Excise, Kolkata to submit details of site including Blue Print Plan, Rent Receipt, Consent Letter from the landlord etc. On receiving the said letter the appellant requested th...


Jun 10 2005

Sandip Agarwal and anr. Vs. Union of India (Uoi) and ors.

Court: Kolkata

Decided on: Jun-10-2005

Reported in: 2005(3)CHN657,2005CriLJ3611

Pranab Kurnar Chattopadhyay, J.1. In this writ petition, validity and/or legality of the order dated 19th August, 2004 issued under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (COFEPOSA) directing detention of the petitioner No. 1 has been challenged by the petitioners herein.2. The petitioners have specifically stated in the writ petition that the issuance of the aforesaid detention order by the respondent authorities came to their notice from an advertisement published at the instance of the Government of India in 'The Statesman' dated 6th November, 2004. In the said advertisement it was also stated that the petitioner No. 1 (Sandip Agarwal) had absconded or concealed himself so that the order of detention could not be implemented. Accordingly, a further order dated 23rd September, 2004 had been passed directing the said petitioner No. 1 to appear before the respondent No. 3, the Commissioner of Police, Kolkata.3. It has been ...


Jun 10 2005

Smt. Santi Chakraborty Vs. the State of West Bengal and ors.

Court: Kolkata

Decided on: Jun-10-2005

Reported in: (2006)3CALLT374(HC)

Maharaj Sinha, J.1. An order of dismissal dated 29th September, 2001 of the petitioner as a class-IV employee of DumDum Vidya Mandir Coeducation High School, at 4 Mordecai Lane, Calcutta - 700 074, is essentially under challenge in this writ application. The said order of dismissal, needless to mention, was approved by the Board under the provisions of Sub-rule 8 of Rule 28 of the Rules for Management of recognised Non-Government Institutions (Aided and Unaided), 1969. The word 'Board', needless to mention again, means the West Bengal Board of Secondary Education established and/or constituted under the provisions of the West Bengal Board of Secondary Education Act, 1963. A writ in the nature of mandamus has also been sought for by the petitioner for compelling the school authority to allow the petitioner to join as a regular class-IV employee a metron of the said school and for payment of her salary 'month by month'.2. The present petition is, in fact, the 4th writ petition by which t...


Jun 09 2005

Hindustan Casting and Engineering Co. and anr. Vs. Union of India (Uoi ...

Court: Kolkata

Decided on: Jun-09-2005

Reported in: [2006(110)FLR969],(2006)3LLJ43Cal

Soumitra Pal, J.1. In the writ petition, the Petitioners have prayed for several reliefs. The relevant prayers are as under:(a) issue a writ or in the nature of certiorari commanding the respondent, their men or agent to certify and transmit all the records had before it in relating to the instant case for the purpose of careful scrutiny by this Hon'ble Court and by rendering conscionable justice to the Petitioner by restraining the Respondent Authorities not to take any action and or actions till disposal of the appeal pending before the learned Appellate Tribunal.(b) A writ or in the nature of mandamus directing the Respondent Provident Fund Authorities not to take any action on the basis of Order dated February 25, 2003 till disposal of the appeal pending before the learned Appellate Tribunal.(c) A writ in the nature of mandamus commanding the Respondent Provident Fund Authorities to cancel, rescind, withdraw and or quash the impugned notice dated May 6, 2003 and December 27, 2004 b...


Jun 08 2005

Debnarayan Halder Vs. Anushree Halder

Court: Kolkata

Decided on: Jun-08-2005

Reported in: AIR2005Cal251,2005(3)CHN575

ORDER1. This is an application under Section 24 of the Hindu Marriage Act, 1955 filed by the wife-respondent in connection with First Appeal No. 35 of 2005 pending in this Court. The said appeal has been filed by the husband-appellant against the judgment and decree passed on 4-9-2003 by the family Court whereby the Matrimonial Suit No. 128 of 2002 filed by the husband-appellant for a decree of divorce under Section 13(ia)(ib) of the said Act was dismissed.2. The facts, as it appears in relation to the above application, are somewhat extensive.Admittedly, the parties were married on 24-2-1985 and the only male child was born out of their wedlock on 14-1-1987. It is the ease of the wife-respondent that, within 15 days of the said marriage the husband appellant started torturing her both mentally and physically alleging that he is not satisfied with the meagre dowry brought by her and her appearance appeared to him to be ugly. According to the wife-respondent, the appellant is quarrelsom...


Jun 08 2005

Rajib Chatterjee and Co. and ors. Vs. State of West Bengal and ors.

Court: Kolkata

Decided on: Jun-08-2005

Reported in: 2005(4)CHN171

Asok Kumar Ganguly, J.1. These two appeals being MAT. No. 2183 of 2004 and MAT. No. 2377 of 2004 were heard analogously as both the appeals arise out of the judgment and order dated 11th June, 2004 passed by a ld. Judge of the Writ Court in Writ Petition No. 14945 (W) of 2003. By the judgment and order under appeal, the ld. Judge was pleased to allow the writ petition and was pleased to set aside the order dated 9th December, 2002 issued by the District Magistrate and Collectorate, Bankura granting licence in favour of the private parties. The order dated 25th July, 2002 passed by the appellate authority was also set aside. The detailed facts of this case are as follows:An advertisement issued by the Government of West Bengal was inserted in newspaper on 18th January, 2001 inviting application from companies formed or societies formed by unemployed youth for issuance of an excise licence for country spirit shop at various places including Chatra More in the district of Bankura. Pursuan...


  • Last »

AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial