Kolkata Court June 2006 Judgments
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Manor Floatel Ltd. and ors. Vs. Board of Trustees for the Port of Kolk ...
Court: Kolkata
Decided on: Jun-28-2006
Reported in: (2006)3CALLT526(HC)
Jayanta Kumar Biswas, J.1. The writ petitioners are seeking declarations that with respect to their dumb barge which used a berth of the board they could be made liable to pay rates only according to Section 26.2 of the scale of rates notified by notification No. 469 dated October 3rd, 1996, and not at the rates mentioned in Section 22.1. Thereof, as demanded by the board, and that the order of the tariff authority for major ports dated August 27th, 2002 upholding the case and demand of the board, being without jurisdiction, is a nullity.2. In 1989 the first petitioner approached the board with a proposal to set up a floatel on the river Hooghly. The board decided in principle to permit the setting up of the floatel. The terms and conditions of the permission were mentioned in its letter dated September 11th, 1989. It was, inter alia, stated that the first petitioner would pay a monthly fee of Rs. 1,49,745.00 for an area measuring 2690.83 sq. metres. For the purpose the first petitione...
Bahastulla Sk. Vs. Abdul Gafur Sk.
Court: Kolkata
Decided on: Jun-28-2006
Reported in: 2007(1)CHN50
Soumitra Sen, J.1. This application under Article 227 of the Constitution is directed against the judgment and order dated 16th January, 2002 passed in Misc. Appeal No. 11 of 2000 Abdul Gofur v. Bahastulla Sk. By the impugned judgment the Misc. appeal was allowed and the order of the learned Civil Judge, Junior Division which was under challenge in the misc. appeal was set aside.2. The opposite parties filed an application under Section 8 of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as the said Act), exercising his right of pre-emption against the petitioner. By an order dated 18th January, 2000 passed by the learned Civil Judge, Junior Division, Berhampur, Murshidabad, the said application under Section 8 being Misc. Case No. 16 of 1994 was rejected. Before the Lower Appellate Court the question arose as to whether the opposite party the could maintain an application under Section 8 for pre-emption on the ground of possessing land adjoining the plot of land which...
Anjan Bhattacharya and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-27-2006
Reported in: 2006(3)CHN669
V.S. Sirpurkar, C.J.1. This writ petition, which is in the nature of Public Interest litigation, has been filed by two petitioners, who are the practising Advocates of the Calcutta High Court and assert themselves as the responsible citizens with social obligations having duty to see that there is no violation of statutory provisions particularly in the field of education. They also give out a purpose of eradicating illegal, collusive and damaging activities of the university authorities in Calcutta University, Vidyasagar University, Burdwan University and Kalyani University in granting affiliation to number of unrecognized colleges in the State of West Bengal for running teacher training courses, which colleges have not obtained recognition from the National Council for Teacher Education under the National Council for Teacher Education Act, 1993. The petitioners have joined all the abovenamed universities as parties and also have further joined the individual colleges. Their concern s...
Korp Gems (India) Pvt. Limited and ors. Vs. Precious Diamond Limited a ...
Court: Kolkata
Decided on: Jun-27-2006
Reported in: 2007(3)ARBLR32(Cal),(2007)1CALLT136(HC)
Ashim Kumar Banerjee, J.1. Plaintiff and the defendant No. 1 entered into an agreement on December 23, 2005 for sale and purchase of 28001 MT of iron ore for an aggregate value of US$ 12602285 equivalent of Rs. 5,68,02,825.00. Under the contract the freight was payable as per the charter party. The cargo was loaded at Haldia and Paradeep. The vessel reached the discharge port in China on February 3, 2006 and the defendant No. l refused to issue bill of lading in terms of mate receipts and as a result the plaintiff could not negotiate the letter of credit for realization of the value of the cargo by causing delivery of the same to its buyer. The defendant No. 1 contended that since the freight was not paid they were entitled to have a lien on the goods. It was contended that the buyer of the goods did not pay the freight charges and as such bill of lading was not issued. The plaintiff filed the above suit, inter alia, claiming for decree for US$7,28,000 as well as for mandatory injuncti...
Smt. Hadiram Bewa Vs. the New India Assurance Co. and anr.
Court: Kolkata
Decided on: Jun-26-2006
Reported in: (2007)1CALLT66(HC)
1. Heard the learned Advocates appearing for the parties.2. Both the two appeals are taken up for hearing analogously.3. The appeal being F.M.A. No. 1582 of 2003 is an appeal challenging the Judgment and order dated 29th day of January, 2003 passed by the learned Judge, Motor Accident Claim Tribunal (Additional District Judge), 1st Court, Malda in M.A.C. Case No. 94 of 1999 arose out of an application under Section 140 of the Motor Vehicles Act, 1988 and the appeal being F.M.A. No. 1583 of 2003 is an appeal challenging the Judgment and award dated 29th day of January, 2003 passed by the learned Judge, Motor Accident Claim Tribunal (Additional District Judge), 1st: Court, Malda in M.A.C. Case No. 95 of 1999 arose out of an application under Section 166 of the Motor Vehicles Act. The application under Section 140 of the Motor Vehicles Act as well as the application under Section 166 of the Motor Vehicles Act both were dismissed on two-fold grounds:3.1. Firstly, that the applicant who is ...
Om Prakash Yadav Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-23-2006
Reported in: 2006(4)CHN698
S.P. Talukdar, J.1. The present application under Section 401 read with Section 482 of the Code of Criminal Procedure is directed against the order dated 13.2.2006 passed by the learned 3rd Court of Additional Sessions Judge at Barasat in Special Case No. 11 of 2003.2. Mr. Dastoor appearing as learned Counsel for the petitioner submits that the learned Trial Court while passing the said impugned order dated 13.2.2006 did not, in fact, take into consideration the application which was filed before the said learned Court seeking adjournment and praying for direction upon the Ministry of Civil Aviation to submit document which was suppressed while according sanction.3. Mr. Dastoor while referring to the backdrop of the present case submits that the present petitioner was an officer in the Security Wing of the Ministry of Civil Aviation. He submits that the Chief Commissioner of Security of the Ministry of Civil Aviation in connection with the matter for according sanction for prosecution ...
Mahadeb Ghosh Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Jun-21-2006
Reported in: (2006)3CALLT272(HC),2006(3)CHN596
Jyotirmay Bhattacharya, J.1. Admittedly Amiyabala Ghosh, since deceased, was a lessee in respect of 5.7407 cottahs of land lying at Plot No. 199 in Block-BF in Sector-I of the Northern Salt Lake City extension area in the district of 24 Paraganas under the State of West Bengal. The said lease was granted by the State of West Bengal in favour of Amiyabala Ghosh, the mother of the petitioner by a registered indenture of lease dated 28th April, 1982.2. Subsequently, by a deed of rectification dated 14th April, 1983 executed between the parties it was clarified that rent-free land measuring 5.2803 cottahs was leased out to the said lessee.3. After obtaining the said lease, a two-storied building was constructed in the said premises.4. The said Amiyabala Ghosh died testate on 12th January, 2003 leaving a registered Will dated 18th May, 1999 bequeathing different portions of the said property in favour of her sons. The petitioner was appointed as an executor in the said Will.5. After the dea...
Sunil Dey and anr. Vs. Ajoy Nandi Majumdar and ors.
Court: Kolkata
Decided on: Jun-20-2006
Reported in: 2006(4)CHN171
V.S. Sirpurkar, C.J.1. Present is an appeal filed by one Sunil Dey and Sukumar Dey against the judgment delivered by the learned Single Judge of this Court. These two appellants were not parties to the writ petition which was allowed by the learned Single Judge. They, therefore, sought the leave of this Court for filing the appeal and on such leave being granted to them they have preferred the appeal and challenged the judgement.2. That writ petition was filed by one Ajoy Nandi Majumdar wherein he had challenged the land acquisition proceeding started under Sections 4 and 6 of the West Bengal Land (Development and Planning) Act, 1948 (hereinafter referred to as 1948 Act) in particular he challenged the notification dated 24th February, 1982 and the notification under Section 6 of the 1948 Act dated 31st December, 1991. The claim made before the Court was that the petitioner was an 'interested person' in respect of plot No. 223 of C.S. Dag No. 183 having total area of 1.067 acres as he ...
Bablu Das Vs. State of West Bengal
Court: Kolkata
Decided on: Jun-19-2006
Reported in: 2006(4)CHN100
Sankar Prasad Mitra, J.1. This appeal has been preferred by the appellant against the judgment dated 26th June, 1997, passed by the learned Additional Sessions Judge, 2nd Court, at Alipore, 24(P) South, whereby the appellant was convicted and sentenced under Section 302 of IPC to suffer imprisonment for life and also to pay a fine of Rs. 5,000/-, in default, to suffer rigorous imprisonment for six months, in connection with Sessions Case No. 3CD/1996, S.T. No. 2(1) of 1997.2. The prosecution's case in brief is that on 14th September, 1994 at about 10.00 a.m. Ashim @ Rabi Mazumder and Buno @ Bimal Hazari while going from the side of Khalpole of the area and proceeding towards Mollah Gate following B.B.T. Road by riding a bicycle near welding shop, accused Dulal Das, Bablu Das, Babul Das, Sanjoy Dutta and Kamal Dutta and some other started bombing and firing from firearms aiming Buno @ Bimal Hazari and Ashim @ Rabi Mazumder and as a result they sustained injuries and fell down on the Bud...
Dunlop India Ltd. Vs. Madura Coats Ltd.
Court: Kolkata
Decided on: Jun-19-2006
Reported in: AIR2007Cal16
Pinaki Chandra Ghose, J.1. This appeal is directed against an order dated 21st of June, 2005 whereby His Lordship was pleased to allow the appellant/defendant to contest the suit, conditionally, after furnishing a security of a sum of Rs. 3,61,54,627.54 paise with the Registrar, Original Side within two months from the date of communication of the order.2. It appears that a suit was filed by the plaintiff/respondent before this Hon'ble Court for recovery of the price of goods sold and delivered to the defendant/appellant. During 1996 and 1998 and during April 2000 and May 2001 it appears at the request of the appellant/defendant diverse quantities and qualities of dipped yarn, nylon tyre cord, dipped chafers etc. were sold and delivered to the defendant/appellant. Bills were raised in respect of such sale and were accepted by the appellant/defendant. It further appears that at lime to time part payment was made. After giving credit lo the said part payments it appears that a sum of Rs....
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