Kolkata Court February 2006 Judgments
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Birla Corporation Ltd. Vs. First Industrial Tribunal and ors.
Court: Kolkata
Decided on: Feb-10-2006
Reported in: 2006(2)CHN13,[2006(110)FLR136],(2006)IIILLJ84Cal
Jyotirmay Bhattacharya, J. 1. The jurisdiction of the appropriate Government to refer a dispute relating to proposed shifting of Soorah Jute Mill from 102, Narkeldanga Main Road, Kolkata to Birlapur, 24-Parganas (South) to the Industrial Tribunal for adjudication under Section 10 of the Industrial Disputes Act, 1947, has been challenged in this writ petition.2. Incidentally an order passed by the Deputy Secretary to the Government of West Bengal prohibiting the continuance of suspension, i.e., lockout in the said unit of the said company, has also been challenged in this writ petition.3. Soorah Jute Mill which is one of the oldest mills in the jute industry is in existence for more than 100 years at premises No. 102, Narkeldanga Main Road, Kolkata-700054. The petitioner has another jute mill, viz., Birla Jute Mill which was set up at Birlapur, 24-Parganas (S), West Bengal in 1919. For ensuring economic viability of the mills, the petitioner company decided to shift the Soorah Mill from...
Belal Biri Factory Private Limited and anr. Vs. Regional Provident Fun ...
Court: Kolkata
Decided on: Feb-10-2006
Reported in: (2006)2CALLT202(HC),2006(4)CHN566,[2006(110)FLR145],(2006)IIILLJ532Cal
Jyotirmay Bhattacharya, J.1. It appears from the records that this writ petition was entertained by this Court on 23rd September, 2005 when direction was given for filing affidavits in connection with this writ petition in the presence of the respondents. It appears from the said order that an interim order was also passed in this writ petition.2. Subsequently an application for amendment of the writ petition was filed by the petitioners for incorporating certain subsequent events therein. In the proposed amendment additional reliefs have also been sought in the changed scenario.3. When the said application for amendment was taken into consideration, a preliminary objection regarding the maintainability of this writ petition was taken by Mr. Das Adhikary, learned Advocate appearing for the respondent No. 1 for the first time. Mr. Das Adhikary submitted that since the petitioners have challenged the legality of the show-cause notice issued by the Regional Provident Fund Authority at Jha...
Satyendra Prasad Vs. Central Bureau of Investigation/Acb, Cbi/Acb
Court: Kolkata
Decided on: Feb-10-2006
Reported in: 2006(4)CHN240
S.P. Talukdar, J.1. This case arises out of an application under Section 482 of the Criminal Procedure Code. By filing such application the petitioner sought for quashing of all the proceedings arising out of the chargesheet No. 21/2003 dated 29.10.2003 submitted by the Central Bureau of Investigation. It was in connection with the Special Case No. 2 of 2004 now pending before the learned Court of Additional Sessions Judge, Durgapore, Burdwan.2. Grievances of the petitioner may briefly be stated as follows:While posting as Assistant Grade-II (Department) FCI, ARDE-Gopalpur, the petitioner was placed under suspension by office memo dated 29.05.1999 issued by the Senior Regional Manager, Food Corporation of India, Calcutta. He submitted a representation dated 04.04.2000 praying for revocation of suspension order. By office memo dated 27.07.2000 the Senior Regional Manager, served the petitioner with a chargesheet. Upon receipt of the same, the petitioner submitted a reply dated 07.08.200...
Pramod Kumar Gadia Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Feb-10-2006
Reported in: AIR2006Cal206,2006(2)CHN613
P.N. Sinha, J.1. This revisional application under Section 482 of the Code of Criminal Procedure (in short the Code) is directed against order dated 6.8.04 passed by the learned Chief Metropolitan Magistrate (in short CMM), Calcutta in complaint case No. C-8525 of 04 directing Officer-in-Charge, Bowbazar P.S. for investigation under Section 156(3) of the Code treating the petition of complaint as First Information Report (in short FIR) and aimed at quashing the said criminal proceeding being Bowbazar P.S. Case No. 334/04 dated 17.9.04 under Sections420/120B of the Indian Penal Code (in short IPC).2. Before entering into the merit of the revisional application, I think it expedient for the ends of justice to mention the factual aspects as disclosed in the complaint petition which was directed by the learned CMM by his order dated 6.8.04 to be investigated by Bowbazar P.S. under Section 156(3) of the Code treating the same as FIR. The story as depicted in the FIR is that the complainant,...
MoniruddIn Ahammed @ Lalu Dealer Vs. State
Court: Kolkata
Decided on: Feb-08-2006
Reported in: 2006(2)CHN221
Pranab Kumar Deb, J.1. The criminal appeal being C.R.A. No. 339 of 2002 preferred by the appellant Lalu Dealer has been heard along with the Criminal Appeal No. 354 of 2002 preferred by Tintu Sekh and others against the conviction and sentence passed by the Additional Sessions Judge in connection with Sessions Trial No. 5 of December, 2000.2. The incident of murder had taken place more than two decades back. The prosecution case, as narrated in the FIR and unfurled during the course of the trial, was to the effect that on 21/10/82 round about 1 p.m. the appellants and few others armed with deadly weapons like spears, axes, bombs etc. launched an attack on the informant and his associates. Finding their lives at stake, the witnesses scampered through the fields. While chasing the witnesses, the miscreants namely Lalu Dealer and Salim threw bombs at regular interval. A bomb hurled by them struck a person called Tulu. As he fell into the ground, he was encircled by six persons. Finding th...
izharun Khatoon @ Nesha Vs. Maqsood @ Muksud Alam
Court: Kolkata
Decided on: Feb-08-2006
Reported in: 2006(3)CHN225
Arun Kumar Bhattacharya, J.1. A short paragraph might perhaps have been enough for disposal of the present case, but a short-cut is a wrong-cut where people's justice is involved, and so it persuaded my pen to enter into a bit detail, but before I open the discussion, the background history leading to the above application need be stated:The second wife of the petitioner viz. Izharun Khatoon @ Nesha obtained an order of maintenance @ Rs.400/- p.m. under Section 125 Cr.P.C on 26.07.2000 against the petitioner in M.R. Case No. 100/94 from the Court of ld. SDJM, Islampur which was set aside in Criminal Revision No. 8/2000 by the Id. Additional Sessions Judge, Islampur on 26.04.2001 on the basis of an observation of the ld. SDJM, Islampur in a judgment in G.R. Case No.57/92 under Sections 323/498A IPC that the de facto complainant is not a married wife of accused O.P. The above order was reversed by this Court in CRR No.1442 of 2001 on 04.02.2002.2. The petitioner has sought for recalling ...
Chinmoy Kumar Bhunia Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-08-2006
Reported in: (2006)3CALLT277(HC)
Arun Kumar Mitra, J.1. This writ petition concerns the challenge of appointment of respondent No. 9 herein in the post of Peon of Nazirbazar Harendra High School (hereinafter termed as said school).Facts in Brief:A post of Peon, the Class IV staff fell vacant in the said school. It would be relevant to mention in this context that the said school is governed by the Management of Recognised non-Government Institutions (Aided and Unaided) Rules 1969 (hereinafter termed as said Management Rules).2. According to the petitioner he got his name registered in the District Employment Exchange Office at Contai, Purba Medinipore on 02/07/1984. Since the date of his registration he could not get any call through Employment Exchange. The name of the petitioner was not sponsored by the Employment Exchange and the petitioner moved a writ petition praying for an opportunity to participate in the interview. The said writ petition being W.P. No. 213(W) of 2005 and on the said writ petition Hon'ble Just...
President, W.B.C.H.S.E. and ors. Vs. Aditi Bose
Court: Kolkata
Decided on: Feb-07-2006
Reported in: 2006(4)CHN12
V.S. Sirpurkar, C.J.1. This judgment will dispose of all the above appeals. All these appeals are filed on behalf of the West Bengal Council of Higher Secondary Education (hereinafter referred to as Council) challenging the interim/final orders of the learned Single Judges passed in the writ petitions, petitioners whereof are either the students or their parents. Basic facts and the question involved being all common in nature we are disposing of the appeals by this common order though we propose to deal with each appeal after the common points are dealt with.2. All the writ petitioners are the students, or as the case may be, the wards of the writ petitioners, are desirous of appearing in the Higher Secondary Education Examination alleged to be held in March, 2006. All of them were late in filling up their enrolment forms for the examination and therefore the same were not accepted by the Council. Hence, all the petitioners rushed to this Court whereupon the learned Single Judge have ...
Rafique Molla and ors. Vs. the State
Court: Kolkata
Decided on: Feb-06-2006
Reported in: (2006)3CALLT1(HC)
Pranab Kumar Deb, J.1. This appeal being C.R.A. 29 of 2004 has been directed against the conviction and sentence under Sections 302/34 IPC, 376(G) IPC and 201/34 IPC passed by the Additional District and Sessions Judge, 2nd First Tract Court. Alipore in connection with Sessions Trial No. 7(6) of 2002.2. With the alarming rise of commission of crime against the womanhood, stringent measures are required to be taken to curb the growing menace. Lopsided investigations of cases of such a nature will encourage the wrong doers, sending wrong signal to the society.3. This is a sad story of murder of a minor girl following commission of gang rape on her. The prosecution story, as disclosed in the FIR, was to the effect that on 19/11 /99 at about 5 P.M., a girl Sakila Khatun aged about 14 years only went out of her house as usual. Since she did not return by the evening, her father and other relations went out searching for her. Her whereabouts, however, could not be found despite search being ...
Ashok Kumar Kapur and ors. Vs. Ashok Khanna and ors.
Court: Kolkata
Decided on: Feb-06-2006
Reported in: 2008(1)CHN807
Pinaki Chandra Ghose, J.1. This appeal is directed against an order dated 23rd December, 2004 passed by the Hon'ble First Court whereby His Lordship while disposing of the application under Section 34 of the Trusts Act, 1882 (hereinafter referred to as the said Act) was pleased to hold that the application under Section 34 of the said Act is maintainable. His Lordship further held that the Trust has to remain for payment of pension not only to the members on their retirement but also to their widows, minor children not exceeding 21 years of age before or after the retirement. It is also held by His Lordship that the Trust fund cannot be held to be a resultant one as the purpose and object of the said Trust is yet to be fulfilled so far the existing staff who are on the pay roll of the company and their dependants are concerned. According to His Lordship, the purchase of annuities cannot absolve the trustees to discharge their duties and the Trust has not come to an end.2. The appellant...
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