Kolkata Court December 2006 Judgments

Kanak Lata Saha Vs. Diabari Tea Co. Ltd.

Court: Kolkata

Reported in: [2007]139CompCas107(Cal)

Sanjib Banerjee, J.The petitioner claims to have effected supplies to the tea garden of the company. According to the petitioner and the document being annexure A to the petition, a sum of Rs. 6,97,945.41 remained unpaid to the petitioner as at the end of the year 2000. Subsequent supplies were effected by the petitioner to the tune of Rs. 3,99,419 during the year 2001. Payments totalling to Rs. 7,11,319.90 have been received by the petitioner between May, 2001, and February, 2004. According to the petitioner, a sum of Rs. 3,86,045.41 remains due and owing from the company on account of principal.1. The petitioner attempted to serve the statutory notice at the registered office of the company. Such notice was returned to the petitioner with the postal remark 'addressee not known'. Another notice was served by the petitioner at the head office of the company. The petitioner received the acknowledgment card evidencing receipt of such notice by the company at its head office.Such fact has...

Mina Patel Vs. State of West Bengal and anr.

Court: Kolkata

Reported in: 2007CriLJ3011

ORDERPartha Sakha Datta, J.1. This revisional application is directed against the judgment and order dated 8-8-2005 passed by the learned Additional Sessions Judge, First Court, Purulia in Criminal Revision No. 37 of 2005 setting aside thereby the order dated 16-1-2004 passed by the learned Assistant Sessions Judge, Purulia in Sessions Case No. 81 of 2002 who by his order transmitted the case under Section 228(1)(a) of the Criminal Procedure Code to the learned Chief Judicial Magistrate, Purulia for disposal according to law.2. A petition of complaint was lodged against the petitioner by the complainant alleging certain offences under Section 148/149/326/307/341, IPC on the ground that at about 11 a.m. on 13-9-2000 the petitioner/accused took out an iron rod from one of his labourers and assaulted the com plainant on his forehead causing thereby grievous bleeding injuries on his persons and when the complainant fell down one of the labourers of the petitioner/accused dealt a blow of la...

Kallol Bhattacharjee and ors. Vs. Union of India (Uoi) and ors.

Court: Kolkata

1. This writ-application under Article 226/227 of the Constitution of India is at the instance of applicants under Section 19 of the Administrative Tribunal Act, 1985 and is directed against order dated 2ndMay, 2006 passed by the Central Administrative Tribunal, Calcutta Bench, thereby rejecting the application filed by the writ-petitioners before such Tribunal on the ground of want of necessary parties.2. In the application before the Tribunal the grievance of the writ-petitioners were that one Smt. Sumita Sengupta and Sri Ranjan Ghosh were improperly given promotion by superseding the writ-petitioners and they challenged such order.3. The Union of India in its reply took specific plea that the application was not maintainable in the absence of those two persons.4. The Union of India having taken such preliminary objection as regards the maintainability of the application for want of necessary parties in the re joinder filed by the present writ petitioners although they maintained the...

Surja Kanta Naskar Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: 1(2007)CLT631

Jayanta Kumar Biswas, J.1. The petitioner is aggrieved by the decision of the Block Development Officer, Magrahat II South 24 Parganas dated October 6th, 2005, which is:In compliance to the order dated 27.07.05 of the Hon'ble High Court at Calcutta, Sri Surja Kanta Naskar & Sri Gobinda Naskar, prodhan Urelchandpur Gram Panchayat were called for hearing on 12.09.05 and accordingly they attended the hearing. Sri Surja Kanta Naskar submitted 3(three) documents in favour of its claim:i) Receipt copy of prayer for construction of house under IAY submitted to B.D.O. Magratat II.ii) Receipt copy of prayer for construction of house under IAY susbmitted to Sabhapati, Magrahat II Panchayat Samiti.iii) Certificate issued by prodhan Urelchandpur G.P. dated 13.01.04.Sri Surja Kanta Naskar also mentioned that his name had been enlisted in the Annual Action Plan of IAY.Now after hearing and further verification of the documents viz. i) Annual Action Plan (A.A.P) of IAY of 2002-2003 & 2004-2005 of Ure...

Smt. Rakhi Pandey Vs. Dr. Kankar Ghosh and anr.

Court: Kolkata

Reported in: (2007)2CALLT460(HC)

Pratap Kumar Ray, J.1. Heard the learned advocates appearing for the parties.2. This is an application under Section 482 of the Code of Criminal Procedure. 1973 assailing the order dated 5th September, 2005 passed by the learned Judicial Magistrate. 1st Class-II. Port Blair, District Andaman in C.R. No 58/2005 whereby and whereunder the learned Court below issued the process against the present petitioner herein for allegedly committing an offence punishable under Sections 182/191/193/200 of Indian Penal Code on the basis of the petition of complaint as filed under Section 200 of the Code of Criminal Procedure by the complainant therein alleging inter alia about filing of a false affidavit in a civil proceeding with reference to a Money Suit in connection with a partnership business which was being run by the present petitioner and the respondent-complainant herein under the name and style 'Kim Beauty Parlour'. The only point has been urged before this Court about jurisdiction of the l...

Samar Kumar Roy Vs. Jharna Roy

Court: Kolkata

Reported in: 2007(4)CHN12

Prabuddha Sankar Banerjee, J.1. This revisional application under Article 227 of the Constitution of India is for setting aside the order contained in letter No. 650/CC/WC-06/FD/04/(203) dated 13.05.2006 passed by the West Bengal Commission of Women, Kolkata.2. By the said letter the Employment Officer-in-Charge, District Employment Exchange, Jangipur was asked to release the salary of the present petitioner which was withheld previously. By the said letter l/3rd salary of the present petitioner was asked to be deducted from the month of November, 2005 and to send the same directly to his wife Jharna Roy.3. The fact leading to the filing of the instant revisional application may be summed up as follows:i) That the present petitioner joined as Lower Division Clerk under the Directorate of Employment in the year 1996 and was transferred to Jangipur Employment Exchange on 14th March, 2005. He was working at Rabindra Bharati University on deputation. He was asked by the Deputy Chief of U.E...

Sitaram Kewat and anr. Vs. Coal India Ltd. and ors.

Court: Kolkata

Reported in: (2007)IILLJ894Cal

ORDERTapen Sen, J.1. This is really a Writ Petition seeking for an Order in the nature of an order of injunction by directing the respondents to stay their hands in relation to the two charge-sheets, both dated June 18, 2006, one being Siduli/Agent/ PNL/2006/211 and the other, being Siduli/ Agent/PNL/2006/212 in respect of the petitioner Nos. 1 and 2 respectively and which have been brought on record vide Annexure P2 (between running pages 20 and 22 of the Writ Petition).2. In addition to this, the petitioners have also prayed for an Order directing the respondents to stay their hands in respect of the two Notices of enquiry, both dated July 28, 2006. (one being ECL/CMD/C-6B/Enquiry 2:1/662 in respect of the petitioner No. 1 and the other, being ECL/CMD/C-6B/ Enquiry 3:1 /663 in respect of the petitioner No. 2) as contained in Annexure P3 (between running pages 24 and 25 of the Writ Petition).3. The petitioners have also prayed for stay of the aforementioned charge-sheets and Notices o...

Shri G. Prasad Rao Vs. Shri Shankar Biswas and ors.

Court: Kolkata

Reported in: (2007)3CALLT268(HC)

Pratap Kumar Ray, J.1. Heard the learned advocates appearing for the parties.2. Leave is granted to the learned advocate for the private respondent to file an application for vacating the interim order. This application is taken up for hearing as on day's list.3. Today this matter has been taken up for extension of the interim order. The respondent No. 1 has filed an application praying for vacating the interim order. As a very short question of law involved, this Court is of the view that without granting any opportunity further to the parties to exchange their respective affidavits viz. the affidavit-in-reply to the application with reference to the application for vacating, the matter can be decided on the basis of the documents in the writ application as Well as in the application for vacating. We are also dispensing with the filing of paper books and compliance of procedural formalities.4. The challenge in the writ application is the order dated 24th November, 2006 passed by the C...

Damodar Valley Corporation Vs. Central Concrete and Allied Products Lt ...

Court: Kolkata

Reported in: 2007(3)ARBLR531(Cal)

1. This appeal is directed against an order passed by our brother Ashim Kumar Banerjee, J. refusing to set aside an award under Section 34 of the Arbitration and Conciliation Act, 1996. The undisputed facts of the case briefly stated are as follows:The parties entered into a contract for construction of an Intake Pump House for Mejia Thermal Power Station. The stipulated period for completion of the work was two years which expired on 22nd February, 1991. The work was actually completed on 31st May, 1995. On account of delay in completion of the work Central Concrete & Allied Products Limited (hereinafter referred to as 'the contractor') claimed revision of rates besides escalation provided in the contract. The contractor also claimed payment on account of some extra works. The correspondence in this regard commenced with the letter dated 2nd February, 1994. By its letter dated 2nd February, 1994 the contractor raised 22 claims which included a claim on account of general revision of r...

Sukurullah Seikh Vs. State of West Bengal

Court: Kolkata

Reported in: 2007CriLJ1108

Alok Kumar Basu, J.1. This appeal has been preferred by Sukurullah Seikh challenging his conviction and sentence under Section 302 of the I.P.C. recorded by the learned Additional Sessions Judge, 1st Track Court-III, Krishnanagar in the district of Nadia in connection with Sessions Trial No. 1(1) of 2004 corresponding to Sessions Case No. 5(1) of 2004.2. The prosecution case in brief was that on 4th June, 2003, the present appellant came to the house of one Khodabox Seikh of Giridharipur under P. S. Nakashipara in the district of Nadia at about 10 p.m. and he demanded to marry the youngest daughter of said Khodabox. As Khoda Box and his wife Hanifa Bibi made protest to such demand of appellant Sukurullah Seikh, an altercation took place and soon thereafter appellant Sukurullah shot at Khodabox with a firearm. Khodabox was thereafter taken to Bethuadahari Health Centre and therefrom he was taken to Saktinagar hospital at Krishnanagar and finally he was referred to Nilratan Sarkar hospit...