Kolkata Court February 2006 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Hanuman Prasad Bagri Vs. Bagrees Cereals (P.) Ltd.
Court: Kolkata
Decided on: Feb-22-2006
Reported in: [2007]73SCL57(Cal)
ORDERKalyan Jyoti Sengupta, J.1. The above motion has been taken out by the plaintiffs for the following interlocutory reliefs:(a) The defendant Nos. 1 to 4 are restrained from acting upon or giving any effect or further effect to the said purported letter dated 7-2-2005 contained in Annexure 'D' hereto or from issuing or allotting any further share in the defendant company until disposal of t he suit;(b) Injunction restraining the defendant Nos. 1 to 4 either by themselves or through their servants, agents, assigns or howsoever otherwise from taking any step for diminishing or decreasing the shareholdings of the petitioners in the defendant company being 18.26 per cent of the total issued, subscribed and paid-up share capital of the defendant company in any manner whatsoever.2. Going by the petition being grounds of the notice of motion the grievance of the petitioners is against the decision of the board of directors to issue rights shares and further against any future attempt or ac...
Kanta Devi Berlia Vs. Mohit Jhunjhunwalla and ors.
Court: Kolkata
Decided on: Feb-21-2006
Reported in: 2006(2)CHN161,2007(2)CTLJ361(Cal)
Subhro Kamal Mukherjee, J.1. This is an application under Article 227 of the Constitution of India against Order No. 11 dated December 14,2005 passed by the learned Civil Judge (Senior Division), Fourth Court at Alipore, District: South 24-Parganas in Title Suit No. 76 of 2005.2. By the order impugned the learned Trial Judge allowed an application for addition of party filed by the opposite party No. 3 in the said suit.3. The plaintiffs, who are opposite party Nos. 1 and 2 in this revisional application, instituted Title Suit No. 76 of 2005 in the Court of the learned Civil Judge (Senior Division), Fourth Court at Alipore, District : South 24-Parganas against the petitioner in this revisional application, inter alia, for specific performance of contract, declaration and injunction contending that the present petitioner is the absolute owner of premises No. 29, Sarat Bose Road, Police Station : Bhabanipore, Kolkata, and she has entered into an agreement for sale in favour of the said pl...
Sudarshan Bera and Vs. State of West Bengal
Court: Kolkata
Decided on: Feb-21-2006
Reported in: 2006(3)CHN340
Alok Kumar Basu, J.1. This appeal was directed against the judgment and order of the learned Additional Sessions Judge, Midnapore in connection with Sessions Trial No. II/March, 1996. The learned Additional Sessions Judge convicted both the appellants under Sections 302/34 of the IPC and also under Sections 201/34 of the IPC and both of them were sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs. 10,000/- in default to suffer rigorous imprisonment for three years under Sections 302/34 of the IPC and they were also sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs. 500/- each in default to suffer rigorous imprisonment for six months for the offences under Sections 201/34 of the IPC2. The prosecution case in brief was that on 10th April, 1994 at about 7 p.m. in the evening Sukesh Jana, the 4th son of Gourhari Jana of village Sithibinda under P.S. Pingla went to their shallow machine room. At about 8 p.m. one Jhantu Ghoroi of th...
Coal India Ltd Vs. Indian Explosive Ltd. and ors.
Court: Kolkata
Decided on: Feb-21-2006
Reported in: 2006(3)CHN433
V.S. Sirpurkar, C.J.1. The judgment will dispose of the following four appeals, they being APOT No. 646 of 2005, APOT No. 647 of 2005, APQT No. 648 of 2005 and APOT No. 649 of 2005. The questions of law and the issues involved in these appeals are almost identical. All the above appeals are filed by Coal India Limited, which is a company registered under the Companies Act, 1956 and being the Government company, is a State. In all these appeals, the interim orders passed by the learned Single Judge of this Court in writ petitions filed by the respondent explosive companies are impugned. By that order, the learned Single Judge has issued an injunction restraining the Coal India from incorporating a supplementary clause in the principal contract. The following factual matrix would be necessary to appreciate the' controversies and the issues involved.2. Appellant Coal India Limited owns and operates coal mines. All the coal mines were nationalized by Coal Mines Nationalization Act and that...
PravIn Kumar Kothari, Deceased Dipti Bavishi Vs. Ashoke Kothari
Court: Kolkata
Decided on: Feb-20-2006
Reported in: AIR2006Cal164,2006(3)CHN166
Kalyan Jyoti Sengupta, J.1. This was an application for revocation of grant of probate of the testamentary instrument of one Pravin Kumar Kothari (hereinafter referred to as the said deceased) who was a resident of Texas, U.S.A. The deceased left him surviving the petitioner, Dipti, daughter, and Ashoke, son who was appointed executor in the said instrument. The probate was granted on 23rd September, 2004 while this application was made on 21st February, 2005. The fight between the parties is queer event which has unusually happened unlike in case of ordinary testamentary fight. It appears to me that the petitioner executor, Ashoke started taking steps to obtain probate in respect of the testamentary instrument in India, in Calcutta High Court on the one hand and on the other hand, the daughter, Dipti being the applicant herein, started taking steps for obtaining letters of administration of the estates and properties left behind by the said deceased in Texas Court, thinking that the s...
Tamralipta Co-operative Spinning Mills Ltd. Vs. Mahendra Kumar Saha an ...
Court: Kolkata
Decided on: Feb-20-2006
Reported in: 2006(4)CHN345
Pratap Kumar Ray, J.1. Heard the learned Advocates appearing for the parties.2. In this application under Article 227 of the Constitution of India, the petitioner, a co-operative society, who is the employer of the workmen has assailed the order dated 30th September, 2005 passed by the learned Judge, Seventh Industrial Tribunal, West Bengal, Calcutta in Case No. VIII-74/02 whereby and whereunder the application praying interim relief in terms of Section 15(2)(b) of the Industrial Disputes Act, 1947 was allowed granting relief to the extent of payment of 50% of last wages for the first three months and thereafter @ 75% of the last wage being effective from the date of filing application month by month till the disposal of the reference case.3. This application has been opposed by the workmen through the learned Advocate. The learned senior Advocate, Mr. Bhunia appearing for the petitioner submits that as the service of 240 days in the year was not at all completed and/or not fulfilled h...
Shri Umananda Roy Vs. the a and N Administration and ors.
Court: Kolkata
Decided on: Feb-20-2006
Reported in: (2007)2CALLT316(HC)
Indira Banerjee, J.1. This appeal is against a Judgment and order dated 25th November, 2005, dismissing Writ Petition No. 126 of 2005 filed by the Appellant, inter alia challenging the appointment and/or promotion of the Respondent No. 6 as Assistant Engineer with effect from 23rd April, 1999.2. The facts giving rise to the Appeal are briefly enumerated hereinafter.3. The appellant and the Respondent No. 6 are both Assistant Engineers of the Port Blair Municipal Council (hereinafter referred to as the Respondent Council).4. By a letter No. 3389 dated 15th September, 1989, the Secretary of the Municipal Board, Port Blair informed the Employment Officer of the Islands of the Board's requirement for a suitable candidate with diploma in Automobile Engineering for appointment as Junior Engineer and requested her to forward a list of candidates.5. Pursuant to the requisition of the Municipal Board made vide its aforesaid letter dated 15th September, 1989, the Employment Officer sponsored the...
Ramapati Biswas and ors. Vs. Chandra Sekhar Biswas and ors.
Court: Kolkata
Decided on: Feb-17-2006
Reported in: 2007(1)CTLJ254(Cal)
Jyotirmay Bhattacharya, J.1. This second appeal is directed against the judgment and decree dated 4th July, 1984 passed by the Additional District Judge, 3rd Court, Nadia in Title Appeal No. 136 of 1983 affirming the judgment and decree dated 23rd July, 1983 passed by the learned Munsif, 3rd Court at Krishnagar in Title Suit No. 250 of 1982.2. Both the courts below concurrently held that the impugned sale deed dated 23rd October, 1971 being Exhibit 'Al' was not executed by Jatindra Nath Biswas and as such the title of Jatindra Nath Biswas in the suit property remained unaffected by the impugned sale. Both the courts below also held concurrently that the impugned deed of sale was procured by the defendant Nos. 1, 2 and 3 by exercise of undue influence and fraud upon Jatindra Nath Biswas. As such, the defendant Nos. 1, 2 and 3 did not acquire any interest in the suit property by virtue of the impugned sale deed.3. The propriety of such an appellate decree is under challenge in this secon...
KelvIn Jute Company Limited Vs. Krishna Kumar Agarwal and ors.
Court: Kolkata
Decided on: Feb-16-2006
Reported in: 2006(2)CHN358
S.P. Talukdar, J.1. Consistent indifference, if not painful inaction, over a protracted period of time on the part of Provident Fund authorities and other respondents, left the petitioner, Krishna Kumar Agarwal, with no choice but to approach the Court for necessary redress. 2. The petitioner, as President of the Waverley Jute Mills Workers' Provident Fund, filed an application under Article 226 of the Constitution with the following grievances. 3. Kelvin Jute Mills Company Limited had two units namely, Kelvin Jute Mills and Waverly Jute Mills Company which was known as Kelvin Broad Loom Division. Hooghly Mills Company Limited took over the Kelvin Broad Loom Division with effect from 30.06.1986. 4. Prior to such transfer, the Provident Fund used to be managed by Kelvin Jute Mills Company Ltd. Workers' Provident Fund Trust. It was a fund exempted under Section 17 of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952. It consisted of P. F. Accounts of all the workers em...
Anil Alias Radha Krishna Bera Vs. State of West Bengal
Court: Kolkata
Decided on: Feb-16-2006
Reported in: (2006)2CALLT210(HC),2006(3)CHN801,II(2006)DMC347
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, Contai in Sessions Trial Case No. VIII of November, 1990 on 13.08.91.2. Shortly put, the prosecution case is that the defacto complainant's second sister Jharna Rani Bera, aged about 22 years, was given in marriage with accused Anil and Radha Krishna Bera about five years back according to Hindu rites and customs, and in that wedlock a male child, now aged about l1/2 years, was born. After a few months of marriage, she was subjected to torture by way of quarrel and assault by her husband Anil and parents-in-law viz. Sudhir Chandra Bera and Nihar Bala Bera over the issue of family affairs. On 03.07.89 at about 12.00 hrs. on receipt of information from Hare Krishna Bera, younger brother of accused Anil regarding illness of the said sister, the complainant rushed to the in-laws' house of her sister and found her sister lyin...
- ‹ Prev
- 1
- 2
- 4
- 5
- 6
- 7
- Next ›
- Last »