Kolkata Court July 2005 Judgments
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Amit Chakraborty Vs. All Bank Finance Ltd. and ors.
Court: Kolkata
Decided on: Jul-14-2005
Reported in: [2006(109)FLR398],(2006)ILLJ394Cal
Sadhan Kumar Gupta, J.1. The Petitioner while on employment of the Respondent No. 1 resigned on June 29, 1998. Despite repeated requests his resignation was not accepted contemporaneously. Ultimately he was relieved from service of the Respondent No. 1 with effect from June 30, 1998. The writ petitioner was duly paid his terminal benefit save and except the leave encashment amount for a sum of Rs. 50,250.00. Hence, this writ petition.2. In terms of the letter of appointment appearing at pages 31-35 of the writ petition the writ petitioner was entitled to leave encashment once in every four years by surrendering his privilege leave not exceeding one month at a time. The letter of appointment, however, was silent as to when such amount would become payable to the Petitioner. It is significant to note that the Respondent No. 1 being a subsidiary of Allahabad Bank did not have any service rules at the relevant point of time.3. According to the Respondent No. 1 since there was no prevalent ...
Syed NasiruddIn HossaIn Meerza Vs. Syed MansooruddIn HossaIn Meerza an ...
Court: Kolkata
Decided on: Jul-14-2005
Reported in: (2006)1CALLT173(HC),2006(3)CHN571
Jyotirmay Bhattacharya, J.1. This application under Article 227 of the Constitution of India is directed against the Judgment and/or order dated 6th August, 2004 passed by the learned Presiding Officer, Wakf Tribunal, West Bengal in Appeal No. 21 of 2003 of the instance of the respondent No. 3 in the said appeal.2. The dispute is with regard to the rival claims of the parties viz., appellant/opposite party No. 1, the appellant/opposite party No. 2 and the respondent No. 3/petitioner herein for appointment of Mutwalli in Nawab Shamsi Jahan Begam Wakf Estate.3. The facts leading to such disputes which are relevant for the present purpose are given below.4. On 9th September, 1898 the then Nawab Begum of Murshidabad Nawab Shamsi Jahan Begam Saheba and her grandson Prince Syed Fateh All Meerza Bahadur executed an instrument of Wakf Nama divesting their ownership in the properties mentioned therein for -application and disposal of the income thereof to and for the religious and charitable pu...
Rashi Metals Pvt. Ltd. Vs. West Bengal State Electricity Board and ors ...
Court: Kolkata
Decided on: Jul-14-2005
Reported in: 2007(1)CHN210
Girish Chandra Gupta, J.1. This application is for a writ in the nature of mandamus directing the respondent Nos. 1, 2 and 3 to supply high tension energy to the tune of 2750 Kilowatt to the petitioner at its factory at Falta Industrial Growth Centre. A prayer has also been made for a writ in the nature of certiorari and a writ prohibiting the respondents Nos. 1, 2, and 3 from demanding the dues of Falta Steels Private Ltd. from the petitioner Nos. 1. There is also a prayer for a declaration that the petitioner No. 1 is not liable to pay outstanding dues of Falta Steels Private Ltd., and a declaration that the West Bengal State Electricity Board (hereinafter referred to as the 'Board') cannot insist upon liquidation of the outstanding dues of Falta Steels Private Ltd. as a condition precedent and a prayer for mandatory injunction directing the Board to commence supply of high tension energy to the petitioners in terms of their requisition dated 5th April, 2005.2. It would at once becom...
Braithwaite Burn and Jessop Construction Co. Ltd. Vs. 4th Industrial T ...
Court: Kolkata
Decided on: Jul-13-2005
Reported in: [2005(107)FLR622]
Ashim Kumar Banerjee, J.1. Sheo Kumar Singh was a workman under Braithwaite Burn & Jessop Construction Co. Ltd. (hereinafter referred to as the 'Company'). He was caught red handed when he was stealing goods from the factory premises of the petitioner by the security staff. A criminal proceeding was initiated against him. The disciplinary proceeding was also initiated by the company by following the prescribed procedure. The workman was afforded adequate opportunity of hearing before the disciplinary authority. Ultimately he was dismissed from service by an order dated February 28, 1983. The workman accepted the order of dismissal and after about three years from the date of passing of the order of dismissal he raised an industrial dispute. The state ultimately referred the dispute to the Industrial Tribunal. The 4th Industrial Tribunal; West Bengal after a prolonged hearing published an award dated June 10, 1999 wherein the workman was directed to be reinstated without back wages. The...
Harka Bahadur Rai Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-12-2005
Reported in: 2005(4)CHN77
Arun Kumar Bhattacharya, J.1. The present appeal is directed against the judgment and order of conviction and sentence passed by the ld. Additional Session Judge, Jalpaiguri in Sessions Case No. 57 of 1991 (Sessions Trial No. 11 of 1991) on 12.06.2003.2. The prosecution case, in brief is that on 01.10.1988 at about 7,00 p.m. the defacto complainant's elder brother Bhakat Bahadur Nepal Chhetri on reaching her house with injury near his chest caused by kukri asked for a glass of water quickly saying that Harka Bahadur assaulted him with kukri, and then he fell down. When the complainant brought water he took the same slightly and thereafter died. On her cry, Naina Singh Biswakarma, Tek Bahadur Chhetri and other villagers came there. Later it transpired that while the victim Bhakt Bahadur Chhetri was returning from Deopara garden, Hakra Bahadur slashed him with a kurki. Hence, the accused was charged under Section 302 IPC.3. The defence case, as suggested to PWs. and as contended by the a...
Matiur Biswas Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-12-2005
Reported in: 2006(1)CHN86
S.K. Gupta, J.1. This revisional application has boon filed under Section 401 and 482 of the Cr.PC praying for quashing of the proceeding being Raghunathgunj P.S. Case No. 84/2001 dated 09.08.2001 and the order dated 07.08.2004, passed by the Id. Additional Sessions Judge of the 1st Fast Track Court, Jangipur, Murshidabad, whereby he directed to frame charge against the accused/petitioner.2. The case of the petitioner is that one civilian, named Safique Sk. a resident of Mahaldarpara Village, expired at Lalgola Hospital as a result of gun shot injuries and for that Murshidabad P.S.UD Case No. 66 of 2001 dated 08.08.2001 was started against BSF officials and other personnel involved in the said firing incident. In order to counter the said case, on 09.08.2001 S.N. Goswami, company commander of the BSF lodged a complaint over the alleged incident. On the basis of that. Raghunathgunj P.S. Case No. 84 of 2001 was started against the accused persons. It has been alleged in the said FIR that...
Rabindra Kumar Paul Vs. Satyendra Kumar Mookherjee
Court: Kolkata
Decided on: Jul-11-2005
Reported in: 2005(3)CHN486,2005(2)CTLJ499(Cal)
Bhaskar Bhattacharya, J.1. This first appeal is at the instance of a plaintiff in a suit for specific performance of contract and is directed against the judgment and decree dated September 26, 1997 passed by the Civil Judge, Senior Division, 3rd Court, Alipore in Title Suit No. 186 of 1988 thereby dismissing the suit.2. The appellant filed the aforesaid suit for specific performance of contract dated November 27, 1977 in the 3rd Court of Civil Judge, Senior Division, Alipore on 8th July, 1988 and the case made out by the appellant may be summarised thus:(a) The suit property consisted of more or less eight cottahs and three chittaks situated in premises No. 12, 13 and 14, Raja Subodh Mullick Road in the district of 24-Parganas (South). The property was owned by the respondent by way of inheritance from his father.(b) On 29th November, 1977, the respondent entered into an agreement for sale of the suit property at the price of Rs. 10,000/- per cottah and took Rs. 2,001/- as earnest mon...
Ram Prasad @ Kajal Deoghoria Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-11-2005
Reported in: (2005)3CALLT227(HC),2005(4)CHN335
Arun Kumar Bhattacharya, J.1. The hearing stems from an appeal preferred against the judgment and order of conviction and sentence passed by the ld. Additional Sessions Judge, 2nd Court, Bankura in Sessions Case No. 8(11) of 1999 [Sessions Trial No. 1(4) of 2000] on 29.03.2003.2. Shortly put, the prosecution case is that on 03.03.1998 at about 4.30 p.m. the accused who is a neighbour of the defacto complainant (P.W. 1), on inducing with a promise of offering toys committed rape in his house upon the complainant's five years old daughter Puja (P.W.2) who after coming back to house narrated the incident and complained of severe pain in her private parts. When the matter was reported to the parents and elder brother of the accused, they threatened the complainant and neighbourers with dire consequences and asked them to suppress the matter. Hence, the accused was charged under Section 376 IPC.3. The defence case, as suggested to P Ws., as contended by the accused during his examination un...
Dipankar Mukherjee Vs. Bindu Sarkar
Court: Kolkata
Decided on: Jul-11-2005
Reported in: 2005(4)CHN198
S.K. Gupta, J.1. This revisional application has been filed under Sections 397, 401 and 482 of the Cr. PC against the order dated 12.01.2005 passed by the ld. Additional Chief Judicial Magistrate, Sealdah in Case No. M-89 of 2004 wherein he allowed the maintenance case, filed under Section 125 Cr. PC, exparte, by directing the petitioner to pay Rs. 2,500/- per month to the opposite party towards her maintenance with effect from the date of the order.2. Case of the petitioner is that he is a member of the Rajya Sabha since April, 1994. On 16.07.2004, the opposite party filed an application under Section 125 of the Cr. PC before the ld. Additional Chief Judicial Magistrate, Sealdah claiming maintenance @ Rs. 5,000/- per month for herself on the allegation that her marriage with the petitioner took place on 27.08.2003 as per Hindu rites at Kalighat Temple. She has stated in the petition that it was her second marriage. Her first marriage took place in the year 1981 with one Mahadeb Sarkar...
Hindustan Development Corporation Vs. Modiluft Limited and ors.
Court: Kolkata
Decided on: Jul-11-2005
Reported in: 2005(4)CHN14,[2007]139CompCas122(Cal),2006(1)CTLJ356(Cal)
Soumitra Sen, J.1. The present application has been filed by the appellant in the pending appeal. The appellant has filed the Suit being C.S. No. 161A of 1997 against the respondents for the following reliefs :a) Decree against the defendant Nos. 1l, 2, 3 and 4 for a sum of Rs. 5,83,96,4657-;b) Interim interest and interest on judgment at the rate of 20% per annum on calendar quarterly rest basis;c) Mandatory injunction directing the defendant No. 1 to furnish T.D.S certificates for the quarter beginning from end of March, 1996 to end of June, 1996 and/or in lieu thereof, further decree be passed against the defendant Nos. 1, 2, 3 and 4 for a sum of Rs. 5,73,424/-;d) Declaration that the shares of the defendant No. 1 standing in the names of the defendant Nos. 2,3 and 4 as per the particulars set out in Schedules 'B', 'C' and 'D' respectively are all hypothecated and/or pledged in favour of the plaintiff for the due repayment of the dues of the defendant No. 1 and further the due decla...
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