Kolkata Court May 2006 Judgments
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Ganesh Chand Roy and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-17-2006
Reported in: 2006(4)CHN828
Arun Kumar Mitra, J.1. The writ petitioners moved the instant writ petitioner with the following prayers:A. A writ in the nature of mandamus do issue calling upon the respondents and their agens to--(i) cancel and revoke and further not to give any effect and/or further effect to the order passed by the respondent No. 1 (date not disclosed) purporting to vest the land comprising of 10 cottahs 9 chittacks 22 sq.ft. situated at No. 56/1A/1, B. T. Road, under the Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981.(ii) cancel and/or delete the name of the 'State of West Bengal represented by the Controller, thika tenancy' from the records of the Calcutta Municipal Corporation and re-insert the names of the trust estate and/or trustees in the said record and also to delete the names of the respondent Nos. 4 and 5 who have been shown to be owners of the structures.B. A writ and/or in the nature of certiorari do issue calling upon the respondents and/or their agents to produce all ...
Smt. Basanti Devi and anr. Vs. Fulchand Mondal and anr.
Court: Kolkata
Decided on: May-17-2006
Reported in: AIR2007Cal8
Pratap Kr. Ray, J.1. The second appeal arose out of challenge of judgment and decree dated 29th November, 2000 and 14th December, 2000 respectively passed by learned Court of Civil Judge (Senior Division) at Kalna, District - Burdwan in Title Appeal No. 5 of 2000 affirming the judgment and decree dated 30th September, 1999 passed by learned Court of Civil Judge (Junior Division) at Kalna, District - Burdwan in Title Suit No. 375 of 1996. The present appellants who are the plaintiffs of the suit have filed this second appeal. Under Order XLI, Rule 11 of Code of Civil Procedure, at the time of admission hearing of the appeal on 29th August, 2001, the Division Bench (Co-ram : Tarun Chatterjee & Asit Kumar Bisi, JJ.)(as their Lordships then were at the material time) admitted the appeal for hearing on framing the following substantial questions of law:(i) Whether in view of the admitted fact that the defendants themselves had made out case that they were inducted as licensees by the vendor...
Commr. of Customs (Prev.) Vs. Raj Kumar Jaiswal
Court: Kolkata
Decided on: May-16-2006
Reported in: 2006(204)ELT561(Cal)
ORDERBhaskar Bhattacharya, J.1. This application under Section 130A of the Customs Act, 1962 (hereinafter referred to as the Act) is at the instance of the Revenue and is directed against the order dated 25th February, 2002 passed by the Customs, Excise and Gold Control Appellate Tribunal, East Zonal Bench, Kolkata, thereby disposing of appeals preferred by various persons against the order of Commissioner of Customs (Preventive), West Bengal by which he confiscated the metal scraps involved in three different seizure cases with an option to the owner of the same to redeem those on payment of redemption fine of Rs. 2,00,000/-. The Commissioner of Customs (Preventive) further held that on such redemption, the owners were liable to pay Customs-duty leviable on the goods and in addition to that, three trucks used for transportation of metal scraps had also been confiscated with an option to the owners to redeem the same on payment of redemption fine of Rs. 15,000/- each. Personal penaltie...
Krishnan Ananth and ors. Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: May-16-2006
Reported in: 2007(1)CHN112
S.P. Talukdar, J.1. The petitioners by filing an application under Section 482 of the Code of Criminal Procedure, 1973 sought for queshing of investigation being Hare Street Police Station Case No. 30/2006 dated 27th January, 2006 under Section 420/506/120B of the Indian Penal Code, corresponding to G.R. Case No. 221 of 2006, now pending before the learned Court of Chief Metropolitan Magistrate, Kolkata.2. The grievances of the petitioners, as ventilated in the application, may briefly be stated as follows:The petitioners were duly authorised by letter dated.4.2.1976 by the Reserve Bank of India to carry out business activities as mentioned therein on certain terms and conditions. Such conditions included that(i) The entire expenses of the offices in India will be met exclusively out of the remittance received from aborad through normal banking channels. (ii) No commission/fee will be charged or any other remuneration received for the liaison activities to be rendered by the Indian off...
Sarkar and Sarkar Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: May-16-2006
Reported in: 2007(2)ARBLR396(Cal),(2007)1CALLT157(HC)
1. By this appeal the appellant being unsuccessful before the learned Arbitrator has impugned the decision of the learned Arbitrator rendered under Section 16 of the Arbitration and Conciliation Act, 1996 and ruled that the learned Arbitrator has no jurisdiction to adjudicate the dispute and held that there exists no arbitration agreement between the parties to decide the claim and contention of the appellant. The decision of the learned Arbitrator is quite compact and full of reasons backed by the various judicial pronouncements of the Supreme Court and this Court. Now the task of this Court is to examine whether such ruling of the learned Arbitrator under Section 16 regarding the existence of the arbitration agreement factually and legally and further arbitrability of the subject matter is right or wrong in this appellate jurisdiction. We are not unmindful of our power under Section 37 of the Act. Unlike under Section 34 read with Section 37 our jurisdiction as a first Appellate Cour...
Auto Trade and Finance Corporation Vs. Hiatullah Ansari and anr.
Court: Kolkata
Decided on: May-16-2006
Reported in: (2007)1CALLT305(HC),2007(2)CHN80
Arun Kumar Bhattacharya, J.1. The present appeal is directed against the Judgment and order of acquittal passed by the learned Metropolitan Magistrate, 17th Court at Calcutta in Complaint Case No. C/417 of 1994 (T.R. 396 of 1994) under Section 138 of the Negotiable Instruments Act, 1881, on 31.5.2000.2. The prosecution case, in short, is that the accused/respondent owed a sum of Rs. 11,000/- to the complaint/appellant for which he issued a cheque bearing No. 008062 dated 13.9.1994 for the said sum of Rs. 11,000/- towards discharge of his existing liability. The complainant/appellant deposited the said cheque with his banker on 17.9.1994 but the same was dishonoured on the ground of 'insufficient fund'. A notice under Section 138 of the Negotiable Instruments Act, 1881 was issued on 25.9.1994 to the accused/respondent demanding payment of the sum within fifteen days from the date of receipt thereof but the accused/respondent refused the same on 10.10.1994 and thus failed to comply with ...
Gopal Agarwal Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-16-2006
Reported in: (2007)1CALLT701(HC)
ORDERJayanta Kumar Biswas, J.1. The petitioner is aggrieved by the order of the District Controller, Food & Supplies, Howrah dated August 18th, 2005 cancelling his previous order dated July 19th, 2005 directing the Sub Divisional Controller, Food & Supplies, Howrah Sadar to issue retail kerosene oil licence to the petitioner against the vacancy notified for Malipanchghara area of Howrah Sadar sub-division.2. A vacancy was declared for appointing a dealer for the above-noted area. The dealer was to be appointed in terms of provisions of the West Bengal Kerosene Control Order, 1968. The vacancy was notified on November 10th, 2004. Along with others the petitioner and the eighth respondent (Pradip Kumar Modi) applied for the dealership. Since the selection process remained inconclusive, the petitioner moved this Court by filing Writ Petition No. 2254 of 2004. By order dated February 23rd, 2005 the eighth respondent was added as a respondent in that writ petition. By order dated June 15th,...
Dr. Tapas Kr. Chandra Vs. Indian Statistical Institute
Court: Kolkata
Decided on: May-15-2006
Reported in: 2007[2]STR315
ORDERArun Kumar Mitra, J.1. The writ petitioner in the instant writ petition challenged the departmental proceeding initiated against him, the final order passed by the Disciplinary Authority and the appellate order passed by the Appellate Authority (being Annexure P-14 to the writ petition).Facts in Brief2. The writ petitioner is a Professor of Statistics working the Indian Statistical Institute (respondent No. 1 herein). Since 1991 the writ petitioner has been working as Professor and prior to that he was an associated Professor. He is a Ph.D.3. On 26.12.2003 the petitioner allegedly took a book under the name. 'Real Mathematical Analysis' by G.G. Pugh. The petitioner did not make any entry before the Librarian and/ or took the book inside his sweater and tried to get away with the book. The librarian, on suspicion, apprehended him and he gave a note to the Librarian that he took forgetting to issue the book from the counter. Such note of the petitioner has been made Annexure P-l to ...
Tapasi Ghosh Vs. West Bengal College Service Commission and ors.
Court: Kolkata
Decided on: May-13-2006
Reported in: 2007(4)CHN228
K.J. Sengupta, J.1. On the following facts this writ petition has been filed.2. There was an advertisement in the newspaper inviting applications from the candidates to take examination for preparing a panel for appointment of the teachers amongst others in music in various colleges in West Bengal.3. In view of the commencement of the West Bengal College Service Commission Act, 1978 (hereinafter referred to as the said Act) the method of recruitment of the teacher in the colleges throughout the colleges in West Bengal has to be made on the recommendation of the Commission and none else. Upon bare reading of the Act it appears to me that once a candidate is empanelled his appointment is as a matter of course, subject of course the panel in question shall remain valid for one year.4. The panel was formed and in the panel the petitioner's position was fifth. It further appears that there was no classification in the formation of panel meaning thereby all the candidates took examination te...
Narayan Prasad Sen Vs. the State of West Bengal
Court: Kolkata
Decided on: May-12-2006
Reported in: (2007)1CALLT1(HC),2006(3)CHN621,2007CriLJ1
Alok Kumar Basu, J.1. Appellant Narayan Prasad Sen was convicted under Section 489B/511 and also under Section 489C of the IPC in connection with Shankar Mukherjee, being suspicious of the movement and action of the appellant, reported the matter to the CBI authority and according to suggestion and advice of CBI officials, a trap was laid down on 22nd January, 1995 at 'Gyan Sweets' where the appellant was supposed to come along with counterfeit currency notes for exchange.2. On 22nd January, 1995 as per previous plan, CBI officials were present along with independent witnesses and appellant was apprehended within the shop along with 23 number of 500/- rupee currency notes and 57 number of 100/- rupee currency notes.3. On interrogation of appellant and without, getting any reasonable explanation from him over his possession of so many counterfeit currency notes, the boarding house at. Sealdah where the appellant was staying temporarily was also searched and a Rs. 100/- denomination note...
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