Kolkata Court November 2006 Judgments
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Raj Kumar Mundra and ors. Vs. Vettyattil Ravindran Alias V. Ravindran ...
Court: Kolkata
Decided on: Nov-16-2006
Reported in: 2007(1)CHN620
Ashim Kumar Banerjee, J.1. Premises No. 90/1/2 Jaharlal Nehru Road, Kolkata (hereinafter referred to as the 'said building') is a multistoried building under occupation of several tenants and/or occupants. The period of construction, however, could not be ascertained from the records of the proceeding. In 1980 there had been metro railway project undertaken in Chowringhee Road area. The concerned building started tilting. Objection was raised on behalf of the adjoining owners which is also a multistoried building being premises number 90/1/1, Jaharlal Nehru Road, Kolkata owned by a co-operative society, commonly known as 'Green Land' (hereinafter referred to as 'Green Land'). According to the co-operative society they first approached metro railway authority who in turn asked them to take up the issue with the adjacent building owner asking them to cause repair of the said building. The metro railway authorities, did not, however, show any keen interest to sort out the problem between ...
Karam Chand Thapar and Bros. (Coal Sales) Ltd. and anr. Vs. J.G. Kumar ...
Court: Kolkata
Decided on: Nov-16-2006
Reported in: 2007(2)CHN226
Ashim Kumar Banerjee, J.1. Appellant company being the successor-in-interest of Thapar Intrafor Company of India Ltd., filed the above writ petition inter alia challenging the vires of the Coal Mines (Nationalisation) Act, 1973 (hereinafter referred to as 'the Act of 1973') as well as for a writ of mandamus commanding the respondents directing to hand over the plant and machinery mentioned in Schedule B therein to the appellant.2. According to the appellant Thapar Intrafor imported certain machineries for the purpose of coal extraction in Central Sounda Colliery in the District of Hazaribagh in the State of Jharkhand belonging to United Collieries Ltd. According to the appellant, Thapar Intrafor was engaged by United Colliery to provide technical assistance and/or mechanism for the purpose of extraction of coal in their Central Sounda Colliery in terms of a contract entered into on November 29, 1971. Initially the challenge to the relevant provisions of the Coal Mines Nationalisation A...
Biswajit Mahato Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Nov-15-2006
Reported in: 2007(1)CHN524
Bhaskar Bhattacharya, J.1. This mandamus appeal is at the instance of an unsuccessful writ petitioner and is directed against an order dated 6th December, 2004 passed by a learned Single Judge by which His Lordship dismissed the writ application filed by the present appellant in which the appellant prayed for setting aside the order dated 26th October, 2004 passed by the respondent No. 4 in Cancellation Proceeding No. 24 of 2003 by which the said respondent cancelled the Scheduled Tribe Certificate earlier granted to the appellant.2. The facts giving rise to filing of the said writ application may be epitomised thus:(a) The appellant describing himself as a member of Bedia community had obtained a Scheduled Tribe Certificate from the respondent No. 4 bearing No. 46667 dated 3rd January, 2002 from the office of the Sub-Divisional Officer, Balurghat.(b) Subsequently, on a preliminary enquiry, it was detected that the appellant was not a resident of the village Raghunathpur as described i...
Branch Manager, Life Insurance Corporation of India and ors. Vs. Nilka ...
Court: Kolkata
Decided on: Nov-15-2006
Reported in: 2008ACJ787,AIR2007Cal74
Bhaskar Bhattacharya, J.1. This mandamus-appeal is at the instance of respondents in a writ application and is directed against the order dated 19th May, 2006 passed by a learned single Judge of this Court in C.O. No. 12580 (W) of 1995 reported in AIR 2006 Cal 247 thereby allowing a writ application filed by the respondent by directing the appellants to pay a sum of Rs. 75,000/- together with interest at the rate of 9% per annum from 1st December, 1988 till the date of payment. His Lordship further awarded costs of 300 GMs. to be paid by the appellants to the respondent/ writ petitioner.2. The facts giving rise to the filing of this mandamus appeal may be summed up thus:One Smt. Chhaya Mondal, the wife of the writ petitioner, took out a life insurance policy bearing No. 420094448 with effect from 2nd October, 1987 for a sum of Rs. 37,500/-. She took out another policy bearing No. 42009449 with effect from 28th October, 1987 for an identical sum of Rs. 37,500/-. The writ petitioner was ...
Binapani Karui Vs. Bholanath Karui and ors.
Court: Kolkata
Decided on: Nov-15-2006
Reported in: (2007)1CALLT614(HC)
Pratap Kumar Ray, J.1. The second appeal has been preferred challenging the Judgment and decree dated 28th February, 1996 and 25th February, 1996 respectively passed by learned Assistant District Judge, 2nd Court at Howrah in title appeal No. 176 of 1993 reversing the Judgment and decree dated 29th May, 1993 and 5th June, 1993 respectively passed by the learned Munsif, 2nd Court at Howrah in title suit No. 266 of 1987, which was a suit for eviction of licensee on the ground of termination of licence. The appellant in the second appeal is the defendant of the suit. Appeal was preferred on several grounds, which reads to this effect:I. For that the learned lower Appellate Court has failed to appreciate the facts and circumstances of the case and also without considering the merits of the case was decreed the suit.II. For that the learned lower Appellate Court erred in law by not considering the status of this appellant/defendant.III. For that the learned lower Appellate Court has failed ...
Satyabrata Sen Vs. United Bank of India and ors.
Court: Kolkata
Decided on: Nov-15-2006
Reported in: (2007)IILLJ646Cal
Arun Kumar Mitra, J.1. Challenge in this writ petition is the initiation of departmental proceeding, conduction of inquiry and the final order passed in the proceeding initiated against the petitioner.2. The petitioner joined United Bank of India as Senior Engineer in the year 1972. The petitioner ultimately was confirmed in the post after probation and in the year 1981 he was promoted to the post of Assistant General Manager (Engineering and Estates). The petitioner was selected by the departmental promotion committee and was promoted to the post of Top Management Grade Scale-VI from Senior Management Grade Scale V. Ultimately, the petitioner was confirmed in the Bank's top management Grade Scale VI as Deputy General Manager (Reconstruction and Counselling) w.e.f. July 11, 1990. At this stage the petitioner was served with a charge-sheet issued by the General Manager (Credit) and disciplinary authority of the petitioner. In the charge-sheet dated December 22, 1990 the petitioner was c...
Paschim Banga Byabsayi Sramik Sanghstha and ors. Vs. the Union of Indi ...
Court: Kolkata
Decided on: Nov-15-2006
Reported in: (2007)3CALLT161(HC)
Tapan Kumar Dutt, J.1. Heard the learned Advocate for the petitioner and the learned Advocates for the contesting respondents.2. The petitioner's case very briefly is that the petitioners have been working for last 15 years (writ petition was filed in the year 2003) under the respondent No. 4 as contract labour and the petitioners were employed for the purpose of business of the respondent No. 2, that is, Reserve Bank of India. The petitioner's case 'is that the petitioners were engaged for the purpose of loading and unloading and despatch of Reserve Bank's coins and currency-notes and the petitioner had to move this Court in writ jurisdiction and ultimately by an order dated 19.12.2001 an Hon'ble single Judge of this Court in CO. No. 15517(W) of 1993 was pleased to dispose of the writ-petition with a direction upon the Reserve Bank of India to forward the matter to the Central Government within a stipulated period and the Central Government was also directed to finalise the issue upon...
National Textile Corporation (Wbabo) Ltd. and anr. Vs. the Learned Jud ...
Court: Kolkata
Decided on: Nov-14-2006
Reported in: (2007)2CALLT567(HC),[2007(115)FLR1097]
Arun Kumar Mitra, J.1. This writ petition has been filed challenging the Order No. 69 dated July 15, 1998 in the case being No. VIII-140/94 including order No. 91 dated December 14, 1999 and the award dated June 01, 2000 passed by the 8th Industrial Tribunal respectively. The fact as made out in the writ petition is inter alia as follows:2. The petitioner No. 1 is a Central Government undertaking and the Central Government exercises pervasive control and day to day administration over the affairs of the petitioner No. 1. The industry of the petitioner No. 1 is carried on by order under the authority of the Central Government and as such the appropriate Government within the meaning of Section 2(a) of the Industrial Disputes Act, 1947 is Central Government.3. The respondent No. 4 was appointed in the company in November, 1969. The said respondent had a very unmeritorious service record inasmuch as during his tenure of service he was warned and cautioned 25 occasions.4. On June 13, 1992 ...
National Insurance Co. Ltd. Vs. Tara Sundari Devi and ors.
Court: Kolkata
Decided on: Nov-14-2006
Reported in: 2007ACJ1441
Pratap Kumar Ray, J.1. Leave is granted to the appellant to take the point that the brother and sister of the victim since are not the legal heir due to existence of mother of victim as sole legal heir, accordingly, insurance company had no liability to pay the compensation to them.2. Heard the learned advocates appearing for the parties.3. A short question involved in this appeal as to whether in the application under Section 163-A of the Motor Vehicles Act, the brother and sister of the victim guided as per Hindu Succession Act, 1956, could be entitled to be the claimants due to existence of sole legal heir mother of victim, in view of the statutory provision as stipulated under Section 163-A of the said Act that the claim application should be filed by the 'legal heirs' of the victim and further on the point as to whether the learned Tribunal below was wrong to identify the multiplier to quantify compensation amount on the basis of the age of the victim. The answer of the aforesaid ...
Basuri Shaw and anr. Vs. New India Assurance Co. Ltd. and ors.
Court: Kolkata
Decided on: Nov-13-2006
Reported in: 2007(1)CHN372
Prabir Kumar Samanta, J.1. This appeal is directed against the Order No. 4 dated 2nd February, 2005 passed by the Motor Accident Claims Tribunal, Malda in M.A.C. Case No. 323 of 2004. By the impugned order the learned Tribunal had allowed the application by the respondent No. 3 praying for dismissal of the said motor accident claim case.2. An application under Section 166 of the Motor Vehicles Act, 1988 was filed by the respondent No. 3 as well as the appellants jointly. The respondent No. 3 is the widow of the deceased victim, while both the appellants are the unmarried sisters of him. It was contended on behalf of the respondent No. 3 that she being the widow of the deceased is entitled to the amount of compensation alone and, therefore, the joint petition filed by the respondent No. 3 along with the appellants who are the sisters of the deceased was to be dismissed. It is on record that respondent No. 3 alone has further filed an independent claim case, being M.A.C No. 352 of 2004 u...
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