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Kolkata Court July 2006 Judgments

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Jul 04 2006

Ganesh Agarwal Vs. Office of the Banking Ombudsman and ors.

Court: Kolkata

Decided on: Jul-04-2006

Reported in: (2006)3CALLT661(HC)

Soumitra Pal, J.1. In the writ petition the petitioner has challenged the intimation dated 9th June, 2006 passed by the Assistant General Manager in the office of the Banking Ombudsman, Kolkata, the respondent No. 3 whereby the complaint filed by the petitioner against the Citibank respondent No. 4, examined under the provisions of the Banking Ombudsman Scheme, 2006 was treated to be closed on the ground that no deficiency in the service of the bank could be established.2. Learned advocate appearing on behalf of the petitioner submitted that since a complaint was lodged against the respondent No. 4, it was incumbent upon the respondent No. 3 to comply with the principles of natural justice by giving an opportunity of hearing to the petitioner. Since it was not done the order passed cannot be sustained.3. Heard learned advocate appearing for the petitioner. In spite of service none appears for the respondents.4. Before considering the matter it is appropriate to set out the relevant por...


Jul 04 2006

Saraswat Trading Agency and anr. Vs. Union of India (Uoi) and ors.

Court: Kolkata

Decided on: Jul-04-2006

Reported in: 2007(2)ARBLR529(Cal),(2007)1CALLT167(HC)

Soumitra Sen, J.1. This appeal is directed against a Judgment dated 2001, November, 2001 (Union of India v. Saraswat Trading Agency and Anr.) whereby the learned Judge has partly set aside an award passed by the Arbitrator dated 9th September. 2000.2. The facts leading to the disputes in this present appeal are briefly enumerated as under:On or about 16th of May, 1990, the South Eastern Railway opened a tender for handling of goods, parcel and booked luggage at Itwari and other group stations. The appellant was declared as the lowest tenderer.3. The contract was ultimately awarded in favour of the appellant on 22nd August, 1991 and became effective on and from 3rd August, 1991 for a period of three years.4. Due to increase in the rate of wages to be paid by the appellant to the labourers engaged by it by reason of the circulars published by the respondent from time to time, the appellant demanded enhancement and/or revision of rates which was refused by the respondent on the ground tha...


Jul 03 2006

State of West Bengal and ors. Vs. Sk. ManuruddIn and ors.

Court: Kolkata

Decided on: Jul-03-2006

Reported in: (2007)1CALLT12(HC)

Vikash Sridhar Sirpurkar, C.J.1. This Judgment shall dispose of both the appeals, being A.P.O. No. 118 of 2004 and A.P.O. No. 184 of 2004, which are identical. The questions being commons, the parties have also addressed us jointly. However, for the sake of convenience, we shall first take up A.P.O. No. 118 of 2004.2. The appeal is filed challenging the Judgment This Judgment shall dispose of both the appeals, being A.P.O. No. passed by the learned single Judge reviewing his own Judgment and thereby holding that the original writ petitioners were entitled to get the approval as the teachers in Madrasah and were also entitled to get the consequent benefits.3. Few facts would help us understand the controversy involved. All the petitioners are claiming to be the teachers and a non-teaching staff in a Madrasah called Satgharah High Madrasah, Bardipara Road, Kolkata. They claimed that they were appointed in this Madrasah to teach 9th and 10th classes on 30.5.1996. This Madrasah is said to ...


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