Kolkata Court June 2006 Judgments
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N. Kadar Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Jun-19-2006
Reported in: 2007(1)SLJ408(NULL)
Kalyan Jyoti Sengupta, J.1. I have had the benefit of going through the draft judgment of my learned brother Justice Soumitra Sen, I fully agree with his Lordship's order and the reasons. However, I want to add a few words of my own in the manner as follows:In this case whether the administration has any constitutional basis to mete out the discrimination to the writ petitioner not treating him at par with other drivers, under the same administration or not. Under the provisions of the Constitution discrimination based on reasonable classification is always permissible. The petitioner all along has been treated, and in fact, he by his own conduct accepted to be a driver-employee of the factory run by the administration. He has been receiving special pay on account of overtime or other benefit which are not admissible to the staff car drivers so he cannot be treated to be at par with other drivers of the same establishment.2. Therefore, the decision rendered by the learned Tribunal or f...
The Calcutta Jute Mfg. Co. Ltd. and anr. Vs. the First Industrial Trib ...
Court: Kolkata
Decided on: Jun-16-2006
Reported in: (2007)1CALLT75(HC),2007(1)CHN422,[2006(111)FLR1158]
Tapan Kumar Dutt, J.1. The writ petitioners/appellants filed the writ petition challenging the award dated 31.10.1986 passed by the First Industrial Tribunal, West Bengal and also for not giving effect to the letter dated 07.04.1988 issued by the Assistant Labour Commissioner, West Bengal.2. The issue before the Tribunal was whether the termination of the service of respondent No. 4 is justified and what relief, if any, is he entitled to. The Tribunal held that the action of the Company, i.e. the writ petitioner/appellant in terminating the service of the respondent No. 4 is illegal and unjustified and that the respondent No. 4 is entitled to reinstatement with full back wages and other benefits to which he would have been entitled to had he been service with effect from 01.04.1982. The Hon'ble First Court by order dated 02.05.2002 dismissed the writ petition which was filed by the appellants by holding that the Tribunal after hearing the parties and examining materials on record, incl...
Md. Zobair HossaIn Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Jun-16-2006
Reported in: 2007(4)CHN274
Arun Kumar Bhattacharya, J.1. The hearing stems from an application under Section 482 Cr.PC filed by the petitioner praying for quashing the proceeding being G.R. Case No. 1526/2000 arising out of Sankrail P.S. Case No. 159/2000 under Section 420/504/506 IPC pending in the Court of learned Chief Judicial Magistrate, Howrah.2. The circumstances leading to the above application are that at the fag end of construction of house by the petitioner at Bakultala, Howrah, O.P.No.2 contractor along with one Priyabrata Roy of D.P. Construction approached the petitioner to complete the remaining portion of the house. As per verbal agreement, the petitioner would supply all materials and the said contractors would engage their labourers for construction of remaining portion of the house, and the petitioner paid Rs. 1,65,000/- by instalments to them. As the work done by the contractors was of poor quality, the petitioners stopped the construction work. The contractors claimed that the work done by t...
Satyandra Nath Sutradhar Vs. State of West Bengal
Court: Kolkata
Decided on: Jun-16-2006
Reported in: 2008(2)CHN162
Arun Kumar Bhattacharya, J.1. The hearing arises from an application under Section 482 Cr.PC filed by the petitioner praying for quashing the proceeding being G.R. Case No. 6/94 arising out of Tufanganj PS Case No. 8/94 dated 13.01.94 under Section 399/402 IPC/25(1)/27/35 Arms Act, pending in the Court of learned SDJM, Tufanganj.2. The circumstances leading to the above application are that on 13.01.94 at about 16.25 hrs. Inspector Y. Singh of BSF lodged a complaint before OC, Tufanganj PS inter alia alleging that six FIR named accused persons, reported to be members of ULFA, assembled in the house of one Samsuddin Bapari of Champta for committing dacoity. The complainant being armed with service pistol along with force raided the house of said Samsuddin on 12.01.94 at about 22.50 hrs. when there was a scuffle between the police and the accused persons, for which one of the accused viz. Mainul Haque Ahmed received bullet injuries on his stomach. The police arrested the accused persons ...
Naru Mazumdar and anr. Vs. the State of West Bengal
Court: Kolkata
Decided on: Jun-15-2006
Reported in: (2007)1CALLT89(HC),2006CriLJ4218
Sadhan Kumar Gupta, J.1. This appeal has been preferred against the judgment and order of conviction dated 1.8.2001 passed by the Judge, Special Court under the N.D.P.S. Act, 6th Court, Barasat in case No. N-66 of 1997. By the said order, the ld. Judge convicted both the appellants for the commission of the offence under Section 22 of the N.D.P.S. Act and sentenced both of them to suffer rigorous imprisonment for 10 years each and also to pay fine of Rs. 1,00,000/- (Rupees One Lakh) each in default to suffer further rigorous imprisonment for six months. Being aggrieved and dissatisfied with the said order of conviction, the convicts/appellants have preferred this appeal.2. The case in question was started on the basis of a complaint filed under Sections 22 and 29 of the N.D.P.S. Act against the accused persons. It was stated in the said complaint that on 5.12.97 at about 8 p.m. the officers of N.C.B., Calcutta intercepted one woman and a man at Taltala Math near Lalkuthi Bus stoppage, ...
Ma Santoshi Transport Vs. Sasim Kr. Barui
Court: Kolkata
Decided on: Jun-15-2006
Reported in: AIR2007Cal130
ORDERPratap Kr. Ray, J.1. Heard the learned Advocates appearing for the parties.2. This contempt Rule arose out of the alleged violation of the order dated 19th September, 2005 passed in W.P. 15902 (W) of 2005 whereby the time table as fixed by the Sub-Committee as constituted, which was de hors of the Motor Vehicles Act and the Rules, being impugned in the writ application thereof, was stayed till final hearing of the writ upon giving liberty to the existing operators concerned to lodge any dispute under Rule 119 of the West Bengal Motor Vehicles Rules, 1989 with reference to the time table as fixed by the Regional Transport Authority, Burdwan while issuing the permit, being Stage Carriage Permit, in the concerned route with a rider that the Regional Transport Authority, in the event of lodging any dispute by any Operator, would decide the matter upon hearing the petitioners and the objector thereof. In the contempt application in Paragraphs 9 and 10 it has been alleged that the alleg...
Ashok Kumar Yadav Vs. Noble Designs Pvt. Ltd.
Court: Kolkata
Decided on: Jun-14-2006
Reported in: AIR2006Cal237
ORDERJayanta Kumar Biswas, J.1. The sole defendant in CS No. 318 of 2004 has taken out this application (GA 1729 of 2005) under Section 10 of the Code of Civil Procedure, 1908 for an order staying all further proceedings in the suit.2. The plaintiff and the defendant, in CS No. 318 of 2004, entered into an agreement for sale dated September 14, 2001. The agreement was with respect to certain land located in Patna. In terms of Clause 17 of that agreement the plaintiff was to execute and give an irrevocable general power of attorney to the defendant, and that power was to be governed by the provisions of that agreement. The terms and conditions of the agreement were to prevail in case of conflict between the power and the agreement.3. Alleging that the members of the Hindu undivided family of which the plaintiff was the Karta, failed and neglected to carry out their obligations in terms of the agreement for sale, the defendant, as plaintiff, filed title suit No. 271 of 2004 in the Court ...
Jayanti Bhattacharya and Etc. Vs. State of West Bengal
Court: Kolkata
Decided on: Jun-14-2006
Reported in: (2006)3CALLT356(HC),2006(3)CHN763,2006CriLJ3414
Alok Kumar Basu, J.1. Appellant Bhabani Prasad Bhattacharya in connection with Sessions Trial No. 20 of 2000 faced charges under Sections 120-B/302, 302/34 and under Section 201 of the IPC along with Smt. Jayanti Bhattacharya and Shila Bhattacharya for the murder of Rita Bhattacharya who was wife of appellant Bhabani Bhattacharya. Appellant Jayanti Bhattacharya in the same trial along with Shila Bhattacharya faced the charge under Section 302/34 of the IPC for the murder of Smt. Kamala Bhattacharya who was the mother of appellant Bhabani Bhattacharya.2. The learned Additional Sessions Judge, Arambag in the district of Hooghly while disposing of the said Sessions Trial found appellant Bhabani guilty for commission of the offence under Section 302/120-B and also under Section 302/34 of the IPC for the murder of his wife Rita Bhattacharya and Bhabani was also found guilty under Section 201 of the IPC.3. The learned Additional Sessions Judge found appellant Jayanti Bhattacharya guilty of t...
Indian Jute Industries Research Association and ors. Vs. Debabrata Sar ...
Court: Kolkata
Decided on: Jun-14-2006
Reported in: (2006)3CALLT245(HC),2006(4)CHN741
Tapen Sen, J.1. This Appeal has been preferred by the Indian Jule Industries Research Association through its Secretary-cum-Financial Controller and other officers thereof (hereinafter referred to for the sake of brevity as IJIRA) praying for setting aside the Judgment and order dated 25.11.2002 passed by a learned single Judge of this Court in W.P. No. 7822(W) of 1998 [Debabrata Sarkar v. Union of India] whereby and whereunder he was pleased to hold that the IJIRA is a 'State' within the meaning of Article 12 of the Constitution of India.2. According to Mr. Biswarup Gupta, learned senior counsel appearing for IJIRA, the Judgment is patently erroneous as none of the ingredients for purposes of applying the definition 'State' are present or in existence insofar as IJIRA is concurred. According to him IJIRA is not a 'State' and therefore, it is not amenable to Writ Jurisdiction.3. Let it be recorded that similar point of fell for consideration before this Court in W.P. No. 20039(W) of 19...
Sri N. Paul Vs. United Commercial Bank and ors.
Court: Kolkata
Decided on: Jun-13-2006
Reported in: (2007)1CALLT253(HC)
Maharaj Sinha, J.1. Mr. N. Paul, the writ petitioner (the petitioner in short) initiated this writ proceeding way back in the year 1994, to be precise on 7th September, 1994, primarily challenging an order of punishment dated 2nd July 1994 passed by the Disciplinary Authority of the United Commercial Bank, the first respondent herein, apart from challenging the said order of punishment the petitioner also challenged the validity of two show-cause notices 5.11.1990 and 27.11.1991, the charge-sheet dated 20th November, 1992 issued against the petitioner, the enquiry report of the Enquiry Officer dated 27th January as well. At this stage, for the sake of convenience, only the concluding portion of the said order of punishment of the Disciplinary Authority is mentioned below:Considering the above aspects and in exercise of the powers conferred upon me by UCO Bank Officer Employees' (Discipline and Appeal) Regulations, 1976, as amended, I hereby pass the following order in terms of Regulati...
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