Kolkata Court April 2006 Judgments

Bata Mazdoor Union and ors. Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: 2006(3)CHN535

Jyotirmay Bhattacharya, J.1. The scope of interference with the order of the Industrial Tribunal in connection with an industrial dispute relating to dismissal of the workman under Article 226 of the Constitution of India by the High Court is very limited.2. The powers of the High Court to interfere with such an order of the Industrial Tribunal is circumscribed by various limitations as pointed out by the Hon'ble Supreme Court repeatedly in various decisions.3. Reappraisal and/or re-examination of evidence led in disciplinary proceeding by the High Court in its Constitutional writ jurisdiction was always discarded by the Hon'ble Supreme Court. [See 1998(9) SCC 220, U.P.S.R.T.C.and Ors. v. Har Narain Singh and Ors.].4. Since the Enquiry Officer and the disciplinary authority are the sole Judges of facts, the adequacy and reliability of evidence cannot be canvassed before the High Court in a writ proceeding under Article 226 of the Constitution of India. [See (i) : (1964)IILLJ150SC , Sta...

Chanchal Kumar Sanyal and ors. Vs. State of West Bengal and anr.

Court: Kolkata

Sailendra Prasad Talukdar, J.1. Petitioners in this case by filing an application under Section 401 read with Section 482 of the Criminal Procedure Code sought for quashing of the proceeding in connection with Khanakul P.S. Case No. 64 dated 27.06.2004 under Sections 406/420/409/34 of the Indian Penal Code.2. Grievances of the petitioner, as ventilated in the application, may briefly be states as follows:Petitioner No. 1 is the Manager of a Co-operative Milk Society in the name and style of 'Damadar Co-operative Milk Union Limited'. Petitioners No. 2 to 4 are associates of the said society.3. On 27.06.2004 the opposite party No. 2, Ram Prosad Ghosh, lodged a complaint against the present petitioners. It was alleged that the complainant was a milkman by occupation. He along with others used to supply milk to the society, Damadar Co-operative Milk Union Limited. The petitioner No. 1 and others of the society used to buy milk from the complainant and others. On 10.06.2004, the petitioners...

Basudev Kundu and ors. Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: (2006)3CALLT455(HC),2006(4)CHN63

Jayanta Kumar Biswas, J.1. The petitioners are questioning the notice issued by the collector under Section 9(3A) of the Land Acquisition Act, 1894, inserted by the Land Acquisition (West Bengal Amendment) Act, 1997. The notice was issued on March 1st. 2006.2. Counsel submits that in view of Division Bench decision of this Court in Sterling Stock Brokers Put. Ltd. and Ors. v. State of West Bengal and Ors. reported at 2001 (1) CHN 531, the collector was not empowered to issue the notice, since the requisition proceedings had been initiated under the West Bengal Land (Requisition and Acquisition) Act, 1948, and since it was held in that Division Bench decision that provisions in under which the notice has been issued, were prospective in nature.3. I do not find any merit in this contention. The admitted position is that the writ petition, out of which the appeal arose, and in which the relied on Division Bench decision was given, was finally withdrawn by the petitioners therein, when the...

Radio Today Broadcasting Ltd. Vs. Indian Performing Rights Society

Court: Kolkata

Reported in: 2006(4)CHN366,2007(34)PTC174(Cal)

Ashim Kumar Banerjee, J.1. The creative intelligence of man is displayed in multiform ways of aesthetic expression but it often happens that economic systems so operate that the priceless divinity which we call artistic or literally creativity in man is exploited and masters, whose works are invaluable are victims of piffling payments -- so said Justice Krishna Iyar.2. To protect those intellects law was enacted in our country in 1957 being the Copyright Act, 1957' (hereinafter referred to as the 'Act of 1957').Law on the Subject:3. The scheme of the Act of 1957 was elaborately discussed and explained and interpreted by the Apex Court in the case of IPR Society v. EIMP Association, reported in : [1977]3SCR206 . Their Lordships in paragraphs 8 to 17 of the said judgment analysed the entire scheme of the Act of 1957. Analysis done by Their Lordships is so explicit that no one need to venture the same any more. In any event I dare to do so as I would not be in a position to improve upon w...

Prism Entertainment Pvt. Ltd. and ors. Vs. Prasad Productions Pvt. Ltd ...

Court: Kolkata

Ashim Kumar Banerjee, J.Facts:1. Three ladies viz. Ritupanaa Sengupta, Anjana Dalmia and Nitu S. Saini formed a company called Prism Entertainment Private Limited for making feature film. They entered into an agreement in January, 2003. By such agreement the company was formed. They became directors. They made a film called 'Alo' which was released. That time there was no dispute between them. They thereafter made a film called 'Eai Ki Sansar' which was re-titled as 'Bauma Zindabad'. It further appears that all of them from time to time resigned from the Board of Directors subsequently. It is the case of the plaintiffs being the company, Ritupama Sengupta and Anjana Dalmia that the laboratory which was holding the rush print and film negative of the film refused to deliver the same even upon payment of the charges for developing the said film on the alleged ground of purported agreement dated August 1, 2003 by which one Ms. Meena Chowla the defendant No. 4 claimed a right of pledge on ...

Major General Arun Roye Vs. Union of India (Uoi) and ors.

Court: Kolkata

Reported in: (2006)3CALLT276(HC)

Pranab Kumar Chattopadhyay, J.1. A very senior Army Officer holding the rank of Major General has challenged various decisions of the superior authorities in connection with his service career including the matter relating to the claim for promotion to the post of Lieutenant General.2. The petitioner herein now posted as GOC, Bengal area is very much aggrieved by the decisions of the respondent authorities for not selecting the said petitioner as fit for promotion to the post of Lieutenant General. According to the petitioner, seeds of the disputes were sown at the time of selection of the said petitioner as Defence Attache/Military Attache to U.S.A. in the year 1996 as it has been submitted on behalf of the petitioner that his aforesaid assignment was not taken in the right spirit by the detractors who started spreading a wrong message that the petitioner was selected and sent to U.S.A. as Defence Attache/Military Attache at the behest of the then Chief of Army Staff, General Sankar R...

Subir Kumar Ghosh Vs. Prasar Bharati Broad Casting Corporation of Indi ...

Court: Kolkata

Reported in: 2006(3)CHN743,2006CriLJ4109

Bhaskar Bhattacharya, J.1. This appeal is at the instance of a writ petitioner and is directed against the order dated 22nd May, 2003 passed by a learned Judge of this Court thereby disposing of an application under Section 340 of the Code of Criminal Procedure by directing the Registrar, Original Side of this Court to enquire into the allegations made by the respondent as regards the alleged offence committed by the appellant under Section 196 of the Indian Penal Code with further direction to lodge complaint before the Chief Metropolitan Magistrate, Calcutta, if on such enquiry, just reason was found for lodging such complaint.2. The present appellant filed various writ applications before this Court including the one, being W.P. No. 1510 (W) of 1999, claiming a compensation of Rs. 10 crore. The said writ application was disposed of on October 4, 1999. The respondents herein, subsequently, filed an application under Section 340 of the Code of Criminal Procedure before the learned Sin...

Manindra Majhi Vs. State

Court: Kolkata

Reported in: 2006(3)CHN796

Alok Kumar Basu, J.1. The present appeal was of the year 1988 challenging the order of conviction and sentence recorded against the present appellant by the ld. Sessions Judge, Purulia on 25th May, 1988 in connection with Sessions Trial No. 16 of 1987 corresponding to Sessions Case No. 104 of 1984.2. We have heard both Mr. Mukherjee and Mr. Ghosal appearing for the appellant and the State-respondent respectively and after hearing the ld. Advocates of both the sides, we are inclined to dispose of this appeal by delivering the judgment in open Court.3. The shadow of superstition over witch-hunting said to be prevalent in the 16th Century still today raises its ugly head in the remote villages of our country which is very much reflected in the prosecution case relating to the present appeal.4. One Mejhan Majhi, wife of Sarkar Majhi, of village Mejhidah, Tola Rajekhanda under the P.S. Puncha in the district of Purulia was mercilessly murdered by severing her head from the body in the room ...

Cesc Ltd. Vs. Suresh Agarwal and ors.

Court: Kolkata

Reported in: 2006(4)CHN625

V.S. Sirpurkar, C.J.1. There shall be an order in terms of prayer (a) of the application.2. This appeal has been filed against the interim order of the learned Single Judge whereby, while dealing with the writ petition filed by one Sri Suresh Agarwal, the learned judge has passed an injunction in the following terms:The Commission is as such restrained from publishing any tariff for the year 2006-07 for the time being for a period of 8 weeks.3. In the aforementioned writ petition, the writ petitioner had challenged the communication sent to him dated 28th December, 2005 by the West Bengal Electricity Regulatory Commission (hereinafter referred to as 'the Commission' for short) whereby it was communicated to the writ petitioner that no hearing would be given either to the public or to the licensee while issuing the tariff order under Section 64(3)(a) of the Electricity Act, 2003. The writ petitioner had filed that writ petition in his individual capacity and had described himself as a c...

Namita Singha Being Dead, Substituted by Her Heirs Vs. Joydeb Chandra ...

Court: Kolkata

Reported in: AIR2006Cal230,2006(3)CHN281

Bhaskar Bhattacharya, J.1. This first appeal is at the instance of a caveator in proceedings for grant of probate and is directed against the judgment and decree dated 12th August, 1989 passed by the learned Chief Judge, City Civil Court at Calcutta in O.C. Suit No. 8 of 1986 thereby granting probate in favour of the respondent.2. The respondents herein filed an application before the learned Chief Judge, City Civil Court at Calcutta for grant of probate of the last Will and testament allegedly executed by one Smt. Kamala Bala Dutta, widow of Late Dulal Dutta. In the application for grant of probate, it was disclosed that the testatrix was a childless widow and that she left behind eleven persons as her near relations. Of those eleven persons, three were the sons of the pre-deceased brother of the testatrix, four were the daughters of the predeceased brother, two were the sons of predeceased sisters and the remaining two were the daughters of the predeceased sisters.3. It appears that ...