Kolkata Court April 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.
Radheshyam Prasad and ors. Vs. Damodar Valley Corporation and ors.
Court: Kolkata
Decided on: Apr-18-2006
Reported in: (2006)3CALLT266(HC),[2007(112)FLR835]
Ashim Kumar Banerjee, J.1. On January 1, 1988 the respondent No. 1 published an advertisement in newspaper inviting applications for the post of Assistant Grade - 2 (Cashier). In the advertisement it was specifically provided that there were four vacancies. The writ petitioners applied for the said post and they were successful in getting themselves enlisted provisionally for employment. The authority prepared a list of 60 candidates. The position of the writ petitioners were as follows:Petitioner No. Serial No.1 ... 372 ... 323 ... 254 ... 605 ... 212. Generally, the provisional list is prepared by taking successful candidates in order of merit one and half times of the available vacancies. According to the respondents, in course of selection process there had been sixteen more vacancies available and as such they gave employment to twenty candidates in order of merit. The last of such candidates being serial No. 20 was given employment on August 1, 1991 after receipt of the police ve...
Zonal Manager, Punjab National Bank and ors. Vs. Amitava Mitra and ors ...
Court: Kolkata
Decided on: Apr-18-2006
Reported in: (2006)3CALLT302(HC)
Vikash Shridhar Sirpurkar, C.J.1. An order-cum-Judgment by the learned single Judge of this Court allowing the writ petition at the motion hearing stage itself is in challenge in this appeal. In that, the learned Judge has directed the original respondent, Punjab National Bank (hereinafter called the 'Bank' for short) to release the retirement benefits in terms of the Pension Scheme opted by the petitioner at the time of the submission of the proposal for voluntary retirement. The Bank was directed to comply with the order within one month failing which an interest at the rate of 18% per annum on the amount would be payable to the petitioners. Following factual matrix will help us understand the controversy involved.Contention in Writ Petition2. The respondents Nos. 1 to 8 herein, being the retired Bank Officers working in the Punjab National Bank, along with their Representative Association, respondent No. 9, filed this writ petition praying, inter alia, for a writ of mandamus command...
Anirban Ghosh Vs. Dist. Election Officer and anr.
Court: Kolkata
Decided on: Apr-18-2006
Reported in: 2006(4)CHN207
Girish Chandra Gupta, J.1. Common questions of law and fact have arisen in these three writ petitions viz W.P. No. 9275(W) of 2006, and W.P. No. 9344(W) of 2006, and W.P. No. 9349(W) of 2006. These three writ petitions are therefore disposed of by a common judgment.2. In each of the three writ petitions the subject-matter of challenge is an order issued under Section 160 of the Representation of the People Act, 1951 (hereinafter referred to as the 'Act'). The order dated 12th April, 2006 issued to the petitioner in W.P. No. 9275 (W) of 2006 reads as follows:WHEREAS it appears to the undersigned that the vehicle/vessel/animal mentioned in the Schedule below is needed/ is likely to be needed for the purpose of transport of E.V.M.S. to or from the polling station at...Police Station...Sub-Division...District North 24-Parganas in connection with the transport of officers or other persons for performance of duties in connection with the General Election to Legislative Assembly, 2006 from al...
Subir Das @ Bapi Das and Vs. State of West Bengal
Court: Kolkata
Decided on: Apr-18-2006
Reported in: 2006(4)CHN231
Sankar Prasad Mitra, J.1. This appeal has been preferred by the appellant against the judgment dated 15th February, 2000, passed by the learned Additional Sessions Judge, 3rd Court, Alipore in Sessions Trial No. 4(6) of 1999, Sessions Case No. 24(3) of 1999, whereby the appellant No. 1 Subir Das @ Bapi Das was convicted and sentenced under Section 302 of IPC to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/- in default to undergo rigorous imprisonment for one year. He was also convicted and sentenced under Section 498A of IPC to undergo rigorous imprisonment for two years and to pay a fine of Rs. 2,000/- in default to suffer rigorous imprisonment for six months. Both the sentences were directed to run concurrently.2. Appellant No. 2, Sova Das was convicted and sentenced under Section 498A of IPC to undergo rigorous imprisonment for two years and to pay a fine of Rs. 1,000/- in default to undergo rigorous imprisonment for six months with a direction that both the...
Capital Ltd. Vs. Eighth Industrial Tribunal and ors.
Court: Kolkata
Decided on: Apr-17-2006
Reported in: (2006)3CALLT481(HC),2006(3)CHN180,[2006(111)FLR597]
Jyotirmay Bhattacharya, J.1. The Court: The legality and/or validity of the reference of an industrial dispute to the 8th Industrial Tribunal made by the Government of West Bengal vide order dated 25th/27th January, 2006 is under challenge in this writ petition. The respondent No. 5 is a workman employed in the company of the petitioner which is engaged in business of hire purchase and financing vehicle having its registered officer at Calcutta. The service condition of the respondent No. 5 provides that his service is liable to be transferred to any other department of the company at the headquarters or at the factory or at regional and/or branch office and/or, vice versa, and/or any other concern connected with the company or its directors.2. In November, 2003, disciplinary proceeding was initiated by the petitioner against the said respondent on the various charges of his misconduct. The said respondent was placed under suspension in connection with the said disciplinary proceeding....
M.M.T.C. Ltd. Vs. Bombay Art Jewellers and ors.
Court: Kolkata
Decided on: Apr-13-2006
Reported in: AIR2006Cal169
ORDERKalyan Jyoti Sengupta, J.1. This motion has been taken out for judgment, upon admission against the defendant No. 2 for a sum of Rs. 90 lacs along with interest at the rate of 22 per cent. per annum amounting to Rs. 2,50,20,231 aggregating to Rs. 3,40,02,231. The suit has been filed claiming various reliefs namely amongst other : Declaration that the plaintiff is the owner and is entitled to get immediate delivery of the 50 kgs of gold particulars whereof will be appearing from Annexure (d) hereof and/or jewelleries made therefrom.2. Declaration that the purported deeds of hypothecation dated 7th November, 1991 and 24th August, 1992 purportedly executed by the second defendant in favour of the first defendant is null and void and of no effect.3. Decree directing that the said two purported deeds of hypothecation be delivered up and cancelled.4. Decree directing the defendants to return 50 kgs. pure gold and/or gold jewelleries made therefrom to the plaintiff. In the alternative a ...
Hooghly Mills Company Limited and anr. Vs. Regional Provident Fund Com ...
Court: Kolkata
Decided on: Apr-13-2006
Reported in: (2006)3CALLT587(HC),2006(3)CHN749,(2006)IIILLJ721Cal
Jyotirmay Bhattacharya, J.1. The petitioners have challenged the legality and/or validity of the order dated 9th June, 2004 passed by the Regional Provident Fund Commissioner (II), West Bengal, Sikkim and Andaman & Nicobar Islands determining damages under Section 14B of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 on account of delayed payment of the petitioners' dues for various periods between October, 1999 to October, 2000 and from November, 2000 to July, 2002.2. Admittedly by a Notification dated 23rd December, 1967, the Central Government in exercise of the powers under Section 17(1)(a) of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as the said Act) granted exemption to the said Company subject to the conditions specified in Schedule II annexed to the said Notification. By virtue of the said exemption, the provisions of the Employees' Provident Fund Scheme, 1952 framed under Section 5 of the said Act does n...
Manohar Kumar Kankaria and ors. Vs. Sk. Md. Shawkat and ors.
Court: Kolkata
Decided on: Apr-13-2006
Reported in: AIR2006Cal256
ORDERKalyan Jyoti Sengupta, J.1. All the aforesaid three applications have been taken out by the respcr-tive applicants viz. Banshi Badan Dalai (G.A. No. 934 of 2006) and Bansi & Hari Sankar (G.A. No. 935 of 2006) carrying on business under the name and style of 'Studio Fine Arts'. Ranjit Bose of Rup Chakra (G.A. No. 933 of 2006). The applicants have come with these three applications to resist the execution of the decree passed in the aforesaid suit, for delivery of possession of the suit premises. These three persons are not the parties to the suit. The plaintiff decree holder obtained the decree in a suit for eviction against the aforesaid defendants on the application under Chapter X1IIA taken out by the plaintiff/petitioner. The said application under Chapter XIIIA was contested by one of (he defendants and his contest failed. Thereafter the decree has been put into execution. The Receiver was appointed in and over the decreetal property for effective execution of the decree. In t...
Sri Indra Mohan Shill Vs. the District Magistrate and ors.
Court: Kolkata
Decided on: Apr-13-2006
Reported in: (2006)3CALLT239(HC)
Ashok Kumar Ganguly, J.1. This appeal has been filed challenging a Judgment and order dated 9th July, 2004 passed by a learned Judge of the Writ Court dismissing therein a writ petition which challenged an acquisition proceeding. The short facts of the case are that on or about 18th September, 1987 an order was passed under Section 3(1) of West Bengal Land (Requisition and Acquisition) Act, 1948 (hereinafter called the said Act of 1948). An area of 1.42 acres in plot Nos. 518 and 546/ 2456 in Mouja Kamgachi has been requisitioned by the appropriate authority. This was requisitioned for the purpose of maintaining supplies and services essential to the community, namely water supply scheme of Kamgachi. Thereafter the said requisition proceeding was converted into an acquisition proceeding under the provisions of the said Act of 1948. The appellant/petitioner claims to be the owner of a portion of the said land which was acquired in the aforesaid proceeding.2. Admittedly, the possession p...
Amiya Kumar Biswas Vs. United Bank of India and ors.
Court: Kolkata
Decided on: Apr-13-2006
Reported in: 2006(4)CHN53
V.S. Sirpurkar, C.J.1. The appeal is directed against the judgment of the learned Single Judge of this Court dismissing the writ petition filed by the appellant petitioner herein. Writ petitioner, a bank employee had, by that writ petition, claimed his subsistence allowance during the period he was under suspension. The learned Judge held that since in the depertmental proceedings, the petitioner was found guilty and was compulsorily retired by way of punishment, the Bank could deprive him of the unpaid subsistence allowance and, therefore, the petitioner did not have the right to claim the same. Following facts will help us understand the controversy involved.2. The petitioner was put under suspension on 5th October, 1975 while he was working as a clerk in the United Bank of India (hereinafter called the 'Bank' for short). There were three criminal complaints lodged against the petitioner with the police station and he was also served with a chargesheet for the departmental inquiry on...
- ‹ Prev
- 1
- 2
- 4
- 5
- 6
- Next ›
- Last »