Kolkata Court March 2006 Judgments

Ubique Metamed Private Limited and anr. Vs. State of West Bengal and o ...

Court: Kolkata

Reported in: [2006]147STC27(Cal)

Soumitra Sen, J.1. In spite of service no one has appeared to contest the application on behalf of the respondents.2. In this application, the petitioners have challenged the order of reference issued by the Assistant Secretary to the Government of West Bengal, Labour Department dated 4th of March, 2005 passed under Section 10 of the Industrial Disputes Act, 1947 (hereinafter referred to as the 'said Act').3. Before dealing with the issues involved herein, the facts of the case may be briefly narrated here,4. Sometime in April, 1995, the workers of the petitioner company resorted to a strike and the production in the factory was stopped. Subsequent thereto at the intervention of some people the production activities at the factory resumed on and from 24th of April, 1995, but, however, out of 16 workmen 9 joined the duty and the remaining 7 continued with their strike which was contended on behalf of the petitioners as illegal. Since the said 7 employees continued with their strike and ...

Noor Alam Vs. Calcutta Fort Trust and ors.

Court: Kolkata

Reported in: AIR2006Cal190

ORDERJayanta Kumar Biswas, J.1. This writ petition dated April ] 7, 2000 was taken out praying for an order ] directing the Port Trust to release the petitioner's motor vehicle AS-13/0505. 2. On the basis of a valid permit issued by the competent authority, in terms of the by-laws of the Port of Calcutta (No. 206 dated July 22, 1948), the vehicle was being used within the port area in the month of October 1990. It was working for one M/s. United Forwarding Agency, a custom's house agent, On October, 16, 1999 it got involved in an accident. At the time of discharging the logs from the vessel onto the trailer of the vehicle one log fell on a bollard and smashed it. Consequently the port trust detained the vehicle.3. Thereafter it called upon the forwarding and clearing agent to take steps for payment of Rs. 1,60.474/- on account of charges necessary for repairing the damaged bollard. The clearing and forwarding agent by letter dated November 10, 1999 called upon the consignee (Mascot Woo...

Sailen Sardar Vs. State of West Bengal

Court: Kolkata

Sankar Prasad Mitra, J.1. This appeal has been preferred by the appellant against the judgment dated 31st March, 2001 passed by the learned Sessions Judge, Bankura in Sessions Trial No. 2nd March, 2000 and Sessions Case No. 1st December, 1999, whereby the appellant was convicted and sentenced under Section 302 of IPC to suffer rigorous imprisonment for life and to pay a fine of Rs. 5.000/- in default to suffer rigorous imprisonment for six months.2. The prosecution case in brief is that on 1st October, 1997, the de facto complainant, Chittoranjan Sardar (P.W.1) a neighbour of the appellant at about 8 a.m. did not find his aunt, Thandibala Sardar and the appellant's wife Mittika Sardar both resident of village Mitham, P.S. Ranibandh and, therefore, he reported the matter to the co-villagers and with them he went to the house of Sailen Sardar, appellant (accused) and called him to come out and he came out. On being questioned by them the accused told them that he killed his mother and hi...

Joginder Pal Kapoor Vs. R.L. Plantation Pvt. Ltd. and ors.

Court: Kolkata

V.S. Sirpurkar, C.J.1. This is application for seeking review of the order dated 23rd September, 2004 passed by the Division Bench of this Court (A.N. Ray, Acting Chief Justice and A.K. Mitra, J.) in ACO No. 118 of 2003. By that order, the Division Bench had dismissed the appeal filed by the petitioner herein Joginder Pal Kapoor and had also confirmed an order confirming a sale in favour of M/s. Basu Tea Company, the respondent No. 5 herein, for Rs. 3.1 crores. In that, the learned Judges had held that this was the best offer made for the company which was running a tea garden. The Court also expressed its satisfaction about the legality of the sale as also the procedural aspect thereof. In short, the sale was held to be fair, open and for adequate amount.2. The review application was filed on 14.10.2004. The petitioner herein was the Managing Director of the Company which went on liquidation on account of the outstanding due worth Rs. 2,74,925/- on 24.9.2002. The petition was admitted...

Team Consultants Private Limited Vs. Swapna Lahiri and ors.

Court: Kolkata

Reported in: 2006(3)CHN689

Bhaskar Bhattacharya, J.1. This first appeal is at the instance of a defendant in a suit for eviction and is directed against the judgement and decree dated 25th June, 2003 passed by the learned Judge, 5th Bench, City Civil Court at Calcutta in Ejectment Suit No. 166 of 1996 thereby passing a decree for eviction of the present appellant on the ground of default in payment of rent with the observation that the defendant, in an earlier suit having obtained relief under Section 17(4) of the West Bengal Premises Tenancy Act ('Act'), was not entitled to get further benefit of protection under that provision of the Act.2. The respondent No. 1 along with one Arun Chandra Lahiri, since deceased, the predecessor-in-interest of respondent Nos. 2(a) and 2(b) filed a suit being Ejectment Suit No. 166 of 1996 against the appellant on the ground of default in payment of rent from September, 1993.3. The case made out by the plaintiff-respondents may be summed up thus:(a) One Mrs. Kanwal Madan, the pr...