Kolkata Court September 2005 Judgments
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Gourishankar Mishra Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Sep-09-2005
Reported in: 2006(2)CHN565,2006(202)ELT754(Cal)
S.P. Talukdar, J.1. This arises out of an application under Section 482 of the Code of Criminal Procedure. The petitioner by filing such application has sought for quashing of the First Information Report, being Chandrakona P.S. Case No. 128/2004 dated 1st December, 2004 under Section 417/418/419/420/ 467/468/469/34/120B of the Indian Penal Code, which has been registered as G.R. Case No. 416/2004 before the learned Court of SDJM, Ghatal, District-West Midnapore.2. The present petitioner along with four others, as plaintiffs, filed a suit before the learned Court of Additional District Judge of Contai, being Title Suit No. 3/2000 against K.G. George and others. The present petitioner/plaintiff No. 1 is Deputy Manager (General) of the West Bengal Region of Bethel Homely Savings Corporation and also a depositor of the Bethel Homely Savings Corporation, posted at Contai, Midnapore. The plaintiffs are interested in the trust in respect of which the said suit had been filed and they applied...
Auckland International Ltd., Unit-auckland Jute Mill and anr. Vs. Stat ...
Court: Kolkata
Decided on: Sep-09-2005
Reported in: 2006(3)CHN299,[2006(111)FLR594]
Soumitra Pal, J.1. The facts are that the Controlling Authority under the Payment of Gratuity Act, 1972 (for short 'the Act') on 17th March, 2004 passed an order directing the petitioner company to pay a sum of Rs. 32,192/- as gratuity and Rs. 32,192/- as interest to the respondent No. 4. Dissatisfied, the petitioner for preferring an appeal had applied for certified copy of the said order. After receiving the certified copy, the petitioner company preferred an appeal under Section 7(7) of the Act. The memorandum of appeal was submitted before the controlling authority along with a cheque for Rs. 31,192/- being the amount determined by the said authority. The Controlling Authority refused to accept the same, insisted upon the payment of the entire gratuity along with the interest amounting to Rs. 64,384/- and refused to grant the certificate which is a precondition for preferring an appeal by an employer under Sub-section (7) of Section 7 of the Act.2. The appellate authority under the...
Ashok Kumar Sahoo (Huf) and anr. Vs. Hindustan Paper Corpn. Ltd. (Hpcl ...
Court: Kolkata
Decided on: Sep-08-2005
Reported in: AIR2006Cal39
ORDERJayant Kumar Biswas, J.1. This writ petition has been taken out questioning the validity of a decision of the Nagaon Paper Mill (in Assam) of the first respondent (a Government of India Enterprise), dated June 21, 2005, levying liquidated damages according to terms of contract, and directing recovery of Rs. 11.2.68 lakhs by way of adjustment from the credit account of a Rahul Enterprise, a proprietorship firm of the first, petitioner and an associate of the second petitioner, Counsel for the respondents have taken the point that this Court has no jurisdiction to entertain it.2. For the purpose of invoking jurisdiction of this Court statements have been made in paras 45 and 46 of the writ petition, and they are : 45. 'That the Office of the Respondent Nos. 1 to 5 (sic 4) are located within the aforesaid jurisdiction of this Hon'ble Court. The respondent Nos. 6 and (sic 5 to) 7 are the employees of the respondent No. 1. The contract in question in respect of both the petitioners, we...
State of West Bengal and ors. Vs. Kalyan Chakrabarty
Court: Kolkata
Decided on: Sep-08-2005
Reported in: 2006(4)CHN578
S.P. Talukdar, J.1. Common points of facts and law being involved in the eight cases as mentioned earlier, by consent of learned Counsel for the parties all those were heard at a time. The same are governed by this common judgment.2. In M.A.T. No. 1961 of 2005, respondent, Sri Kalyan Chakrabarty, as petitioner, filed an application under Article 226 of the Constitution and the grievances, as ventilated in the said application, may briefly be stated as follows:He made an application on 14th January, 2000 for grant of permanent offer letter in connection with Auto-Rickshaw permit in respect of the route from Chinsurah C.O.M.H. Office to Farm Gate. The said application was rejected without assigning any reason though the present appellants were required to dispose of the application in accordance with law and after giving him an opportunity of hearing. The petitioner then approached this Court by filing an application under Article 226 of the Constitution which was disposed of by order da...
Gadai Alias Jiten Bouri Vs. State of West Bengal
Court: Kolkata
Decided on: Sep-07-2005
Reported in: (2006)1CALLT163(HC)
Arun Kumar Bhattacharya, J.1. The present appeal is directed against the Judgment and order of conviction and sentence passed by the learned Additional Sessions Judge; 1st Court, Bankura in Sessions Case No. 3(2)92 S.T. No. 4(7)92 on 27.03.1998.2. The prosecution case, in brief, is that the defacto complainant's daughter Jharna was given in marriage with accused Gadai @ Jiten Bouri about six years back. Since then the said Gadai and his mother Khandi Bouri used to ill-treat and torture upon her physically and mentally and threatened to drive her out from the house, and the complainant (P.W. 2) informed the matter to his eldest son-in-law Madan Bouri (P.W. 1) and relative Badal Bouri. On 01.08.1990 at about 9.30 a.m. on receipt of an information from his daughter's neighbourers Habu Bouri (P.W. 11) and Biswanath Bouri (P.W. 8) that his daughter Jharna was lying on her bed, the complainant with his wife Bhanumati went there and found the dead body of their daughter with bruise mark on he...
Dhananjoy Majumder Vs. Mahuya Majumder Alias Jaya (Nee Mukherjee)
Court: Kolkata
Decided on: Sep-07-2005
Reported in: 2006(1)CHN655
Narayan Chandra Sil, J.1. This is to consider an application under Article 227 of the Constitution of India which is directed against the Order No. 32 dated 31.08.2004 passed by Sri J.G. Chatterjee, the learned Additional District Judge of Second Court , Barasat.2. The learned Judge passed the impugned order in considering an application under Section 47 of the Civil Procedure Code (hereinafter referred to as 'Code' only). It appears from the said order that the learned Judge was pleased to allow the application under Section 47 of the Code and in doing so set aside the Matrimonial Execution Case No. 2 of 2001.3. It appears further that one Dhananjoy Majumder brought a suit being Suit No. 27 of 1994 for restitution of conjugal rights against his wife, Mahuya Majumder which was decreed ex parts on 22.09.2000. In the said suit the learned Court allowed the application of the husband giving him the custody of his minor son, namely, Pritam Majumder alias Tubai. An execution case relating t...
Jaswant Singh Vs. Punjab National Bank and ors.
Court: Kolkata
Decided on: Sep-06-2005
Reported in: 2005(4)CHN417
Subhro Kamal Mukherjee, J.1. This is an application under Article 227 of the Constitution of India against order dated September 1, 2005 passed by the learned Chairperson, Debts Recovery Appellate Tribunal, Kolkata in Appeal No. 32 of 2005.2. The learned Chairman, by the order impugned, declined to grant stay of the operation of the order appealed against before the said Appellate Tribunal.3. By Order No. 71 dated August 22, 2005 the learned Presiding Officer, Debts Recovery Appellate Tribunal, Kolkata-I, inter alia, held, that Mohan Ram Associates, the certificate debtor No. 2, was entitled to deposit the certificate amount and to redeem the property mortgaged by the certificate debtor No. 1, Electrical Industries Corporation, to the certificate holder, Punjab National Bank. The said order recorded that the said certificate debtor has already deposited Rs. 2.45 crore on July 1, 2004 with the bank and, therefore, liberty was granted to the bank to appropriate the certificate amount due...
Mobassor HossaIn and ors. Vs. Manik Chandra Pal and ors.
Court: Kolkata
Decided on: Sep-06-2005
Reported in: AIR2006Cal195,2005(4)CHN499
Subhro Kamal Mukherjee, J.1. By the order impugned in this revisional application, the learned Judge in the Lower Appellate Court stayed operation of the order No. 7 dated April 18, 2005 passed by the learned Trial Judge in Title Suit No. 15 of 2005. By the order dated April 18, 2005 the learned Trial Judge, upon a contested hearing, granted temporary order of injunction.2. In my view, the learned Judge in the Lower Appellate Court was not justified in granting stay of operation of the order granting temporary order of injunction passed by the learned Trial Judge. In a miscellaneous appeal arising out of order granting temporary injunction, all efforts should be made by the learned Judge in the Lower Appellate Court to dispose of such appeal, but, normally, no stay of operation of the order granting temporary injunction should be granted resulting practically allowing the appeal itself at the initial stage without hearing the other side.3. I, therefore, set aside the order impugned in ...
Chhabi Chakraborty Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-06-2005
Reported in: 2006(1)CHN34,[2006(109)FLR909]
Arun Kumar Mitra, J.1. This writ petition has been moved challenging an office memorandum dated February 23, 2004 issued by the Chairman District Primary School Council, Nadia. In the office memorandum it, has been stated that the petitioner, a Head Teacher of Raghunath Siromoni Primary School under Nabadwip P.S. has been suspended with effect from January 19, 2004 due to her detention in jail custody for period exceeding 48 hours in connection with Nabadwip P.S.Case No. 05/2004 dated January 19, 2004 under Section 498A/306/34 of Indian Penal Code as per Government Notification No. 906-S.E.(Pry) dated July 09, 2001. It has also been stated that the petitioner will be paid subsistence allowance.2. The deemed suspension has been provided in a Government Notification which takes the form of rule is the subject-matter of discussion here. If is to be decided as to whether this deemed suspension is permissible or not. It is also to be decided as to what would be the effective period of such ...
Shipping Corporation of India Ltd. Vs. Lee Muirhead Ltd.
Court: Kolkata
Decided on: Sep-05-2005
Reported in: 2006(3)CHN566
Aniruddha Bose, J.1. The present Master's summons has been taken out by the plaintiff for amendment of the plaint. The original dispute out of which the present proceeding arises relates to certain sums of money alleged to have been made as excess payment by the plaintiff to the defendant in connection with transshipment of goods from the Kolkata Port to Nepal. The suit, in essence, is for recovery of the said sum and certain ancillary sums of money. The stage at which the amendment is sought for is after the framing of issues.2. A preliminary point has been taken by the defendant while resisting the application for amendment is that sufficient cause has not been indicated in the application for amendment as to why this amendment is made. At this stage, it has been submitted by Mr. Tilak Basu, learned Counsel for the defendant that nothing has been demonstrated before this Court from which it could be inferred that the plaintiff could not have noticed the materials which are sought to ...