Kolkata Court November 2006 Judgments
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Oriental Bank of Commerce and ors. Vs. Sumanta Kumar Nayak and anr.
Court: Kolkata
Decided on: Nov-28-2006
Reported in: 2007(3)CHN461
V.S. Sirpurkar, C.J.1. This appeal is filed by Oriental Bank of Commerce (hereinafter called 'bank' for short) against the judgment of the learned Single Judge whereby the writ petition filed by one of its employees, one Sumanta Kumar Nayak challenging the departmental inquiry proceedings and the resultant punishment of removal of the petitioner was allowed by the learned Single Judge of this Court quashing both. Few facts would have to be necessary to understand the controversy involved.2. Original writ petitioner, Shri Sumanta Kumar Nayak, was working in the bank as Senior Manager when he came to be served with a chargesheet. There was only one charge which was as follows:Charge No. 1:Shri Sumanta Nayak, Senior Manager, Cuttack Branch was appointed in Bank's Service as Probationary Officer vide letter dated December 24/28, 1982 on recommendation of Banking Service Recruitment Board (Delhi) vide their letter 3.9.81 dated 17.11.1981 under S/Tribe Category. At the time of his appointmen...
Shri Sheo Prasad Singh Vs. the West Bengal Board of Secondary Educatio ...
Court: Kolkata
Decided on: Nov-28-2006
Reported in: (2007)3CALLT414(HC)
Arun Kumar Mitra, J.1. This writ petition has been filed before this Court challenging the order passed by the District Inspector of Schools, Hooghly (S.E.) being annexure- 'J' to the writ petition. This order was passed by the said D.I. (Hooghly) in compliance with the order passed by Hon'ble Justice Pinaki Chandra Ghose on 01/04/1999 in W.P. No. 29466(W) of 1997. The fact made out in the writ petition in brief is as follows:2. The School named 'Nikash Monaichandi Junior High School (hereinafter termed as said School) wanted to appoint a teacher in language group (English) and as such prayed for prior permission from the D.I. of Schools, Hooghly and the said D.I. accordingly, granted permission to appoint an English teacher having qualification B.A. passed with English as combination subject, preferably trained.3. According to the petitioner it appeared from the memo of the D.I. through which prior permission was granted, the name of a candidate one Sri Sachindranath Ghosh was forward...
Tapas Kumar Ghosh Vs. State of West Bengal
Court: Kolkata
Decided on: Nov-27-2006
Reported in: 2007(4)CHN645,2007CriLJ434
Alok Kumar Basu, J.1. Appellant Tapas Kr. Ghosh was convicted under Section 498A as well as under Section 304B of the I.P.C. by the learned Sessions Judge, Hooghly in connection with Sessions Trial No. 182 of 1992 and after conviction said appellant was sentenced to suffer rigorous imprisonment for life under Section 304B of the I.P.C. and he was further sentenced to suffer rigorous imprisonment for three years and also to pay a fine of Rs. 2,000/-in default to suffer rigorous imprisonment for two months more for the offence under Section 498A of the I.P.C.2. Being aggrieved by and dissatisfied with the order of conviction and sentence appellant preferred this appeal.3. The prosecution case, in brief, was that Smt. Putul Ghosh alias Ira was married to the present appellant on 26th November, 1993 following Hindu rituals and customs. It was alleged by the father of Putul that although during marriage sufficient dowry was given to the appellant, but, the appellant was not. satisfied and f...
Nirmal Kumar Bhutoria and anr. Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Nov-27-2006
Reported in: 2007(3)CHN402
Rudrendra Nath Banerjee, J.1. This revisional application under Section 482, Cr. PC is for quashing the proceeding in G.R. No. 1170 of 2005 pending before the learned Additional Chief Metropolitan Magistrate, Calcutta arising out of Burrabazar Police Station case No. 203 dated 29th September, 2005 under Section 120B/467/468/420/ 506(II) of the Indian Penal Code.2. The aforesaid P.S. case was on the FIR drawn up by police at the police station on the de facto complainant's complaint dated August 26, 2005 before the Officer-in-Charge, Barrabazar Police Station against Sri Nirmal Kumar Bhutoria read with the complaint dated 27th July, 2005.3. The de facto complainant Kusum Bhutoria lodged the written, complaint dated 27th July, 2005 before the Officer-in-Charge, Burrabazar Police Station against Sri Nirmal Kumar Bhutoria with the allegation that the said Nirmal Kumar Bhutoria put the de facto complainant's signature on the partnership declaration form, the authorisation letter dated 5th O...
The New India Assurance Co. Ltd. Vs. Amitava Das and anr.
Court: Kolkata
Decided on: Nov-27-2006
Reported in: 2007ACJ2058,(2007)2CALLT398(HC)
Pratap Kumar Ray, J.1. Heard the learned advocates appearing for the parties.2. This appeal has been preferred by the Insurance Company assailing the Judgment and order passed on 21st June, 2004 by the learned Judge, Motor Accident Claims Tribunal, 11th Court, Alipore, District South 24-Parganas in M.A.C. Case No. 252 of 2003. The main grievance of the appellant herein who got leave under Section 170 of the Motor Vehicles Act, 1988 to contest the matter on all the points as available to the owner of the offending vehicle, is on the issue of wrong fixation of the compensation amount holding 25% physical disability is directly proportionate to identify the 25% loss of the income and also on the point of wrong application of multiplier under Section 163A of the Motor Vehicles Act.3. The factual scenario of the matter in short is to this effect.4. The claimant suffered injury due to the motor accident. Before accident the claimant was working in the post of Sergeant of the Traffic Departme...
Union of India (Uoi) and ors. Vs. Bhupati Mohan Alias B. Mohan and ors ...
Court: Kolkata
Decided on: Nov-24-2006
Reported in: (2007)2CALLT350(HC),2008(1)CHN956
Ashim Kumar Banerjee, J.1. The subject matter of these two appeals would depend upon proper interpretation of the Apex Court Judgment in the case of H.S. Grewal v. Union of India and Ors. reported in : (1997)11SCC758 .2. The subject matter of dispute before the Apex Court related to seniority of officers in the rank of Commandant/Security Officer/Assistant Inspector General/Deputy Director/Divisional Security. Officer in Railway Protection Force. Under 1974 Rules initially, the recruitment was to the post of Assistant Commandant/Assistant Security Officer in Class II, Group-B. The next promotional post was Commandant/Assistant Inspector General/Security Officer in Class I, Group-A. The promotion was by way of selection through the Departmental Promotion Committee. Under the rules, a person putting eight years regular service in the post of Assistant Commandant was entitled to come within the zone of consideration for promotion to the next promotional post. In Class-II, Group-B, 30% wer...
Dibakar Mondal Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Nov-23-2006
Reported in: 2007(1)CHN218
Prabir Kumar Samanta, J.1. This writ petition is directed against an order dated 22nd March, 2006 passed by the West Bengal Land Reforms and Tenancy Tribunal upholding the authority of the Revenue Officer for issuing the notice for review of the proceeding for determination of the ceiling of lands to be retained by the writ petitioner which was finally disposed of earlier by the Revenue Officer itself.2. Briefly stated the facts of the case as pleaded are that the petitioner is the owner and possessor of 6.84 acres of agricultural land including homestead situated at Mouza-Baropalasan and Dihipalasan under P.S. Memari in the District of Burdwan. His wife is also the owner and possessor of 4.67 acress of land. All such lands are duly recorded in the R.S. record-of-rights in the names of the petitioner and his wife. For the purpose of retention of lands, the family of the petitioner comprised of four members on the relevant date, such as the petitioner, his wife and his two unmarried dau...
Calcutta Municipal Corporation and ors. Vs. Damodar Ropeways and Const ...
Court: Kolkata
Decided on: Nov-23-2006
Reported in: (2007)1CALLT634(HC)
Ashim Kumar Banerjee, J.1. Respondents were the owners of 8th floor of premises No. 11, Dr. U.N. Brambhachary Street, Calcutta measuring about 14100 sq.ft. The appellant, Corporation proposed the annual valuation at Rs. 35,31,600/- and informed the respondents accordingly. The respondents filed objection. The Hearing Officer of the Municipal Corporation after hearing the parties fixed the annual valuation at Rs. 35.31 lacs. The order of the Hearing Officer is appearing at page 57 of the Paper Book.2. Respondents preferred an appeal before the Municipal Building Tribunal. The Municipal Building Tribunal re-fixed the annual valuation at Rs. 29,03,100/-.3. Being aggrieved by the order of the Municipal Building Tribunal respondents filed the above writ petition. The learned single Judge allowed the writ petition by Judgment and order dated April 29, 2002 appearing at pages 10-53 of the supplementary paper book.4. Before the Municipal Building Tribunal the respondents contended that there c...
Prasanta Kumar Basu Vs. Narendra Kumar Anchalia and anr.
Court: Kolkata
Decided on: Nov-22-2006
Reported in: 2007CriLJ1026
Sadhan Kumar Gupta, J.1. This criminal appeal has been preferred against the judgment passed by the learned City Sessions Judge, 8th Bench, Calcutta in Criminal Appeal No. 21 of 1999 whereby he acquitted the accused for the offence under Section 138 of the N.I. Act.2. The case of the appellant is that he is the Manager of the firm M/s. L. M. Enterprises and being duly empowered and authorised by the proprietor of the said firm, he filed a petition of complaint under Section 138 of the N.I. Act against the accused/respondent in the Court of the Chief Metropolitan Magistrate, Calcutta. Said case was registered as Case No. C/1815/95.3. It was alleged in the said complaint, by the complainant that the accused/respondent as the proprietor of M/s. Sree Ramdevji Art International, in discharge of his existing liabilities issued two account payee cheques of Rs. 5,00,000/- each drawn on Indian Overseas Bank, Chowranghee Branch in favour of the appellant-company. But those cheques were dishonour...
Smt. Raj Kumari Jaiswal Vs. Ramesh Kumar Jaiswal
Court: Kolkata
Decided on: Nov-22-2006
Reported in: AIR2007Cal94,(2007)2CALLT238(HC),II(2007)DMC307
Kalyan Jyoti Sengupta, J.1. I have gone through the draft judgment of my learned Brother and I do not think any conclusion different from what my learned Brother has arrived at, can he. drawn in this appeal. I am in total agreement with His Lordship's decision, But I feel I should narrate few words of my own. The wife has impugned the decree for divorce which was passed by the learned trial Judge in a suit initially filed for restitution of conjugal right on refusal of the appellant to resume marital life without any lawful and just excuse. When the suit was filed the desertion of the wife was less than two years which is required statutorily for institution of a suit for dissolution of marriage. In view of subsequent event which occurred on filing of written statement by the wife, the respondent husband got his plaint amended incorporating the ground of mental cruelty and also desertion and asked for alternative relief for dissolution of marriage. In the written statement the wife all...
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