Kolkata Court August 2006 Judgments
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Pravat Kumar Mukherjee Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-21-2006
Reported in: AIR2007Cal77,2006(4)CHN689
Bhaskar Bhattacharya, J.1. This mandamus appeal is at the instance of a writ petitioner and is directed against the order dated 16th July, 2004 passed by a learned Single Judge by which His Lordship dismissed the writ application on the ground that the writ petitioner had no locus standi to maintain the said writ application.2. Being dissatisfied, the writ petitioner has come up with the present mandamus appeal.3. The facts giving rise to the filing of the present mandamus appeal may be summed up thus:(a) Sumanta Mukherjee, the son of the present appellant, met with an accident on 14th January, 2001 at 8.10 a.m. and was immediately taken to the Ruby General Hospital. According to the appellant, the hospital authority insisted on depositing a sum of Rs. 15,000/- for the treatment of his son. The said Sumanta Mukherjee had a mediclaim policy with the New India Assurance Company Limited and promised to pay the said amount but the hospital authority, after starting initial treatment, refus...
West Bengal Small-scale Industries Development Corporation Limited and ...
Court: Kolkata
Decided on: Aug-21-2006
Reported in: 2006(4)CHN180
Bhaskar Bhattacharya, J.1. This mandamus appeal is at the instance of the respondents in a writ application and is directed against the order dated 1st September, 2004 passed by a leanred Single Judge thereby allowing the writ application filed by the respondent No. 1 and setting aside the order dated December 9, 2003 passed by the Managing Director of the present appellant by which the enlistment of the respondent No. 1 as 'Websi' Manufacturer was terminated.2. The facts giving rise to the filing of the present mandamus appeal may be summed up thus:(i) The respondent No. 1 is a registered partnership firm and it runs a small-scale industrial unit. The said respondent No. 1 is a manufacturer of the detergent powder.(ii) The Department of Cottage and Small-scale Industries, Government of West Bengal, adopted a decision to promote the products manufactured by diverse detergent manufacturers through the West Bengal Small-scale Industries Development Corporation Limited by taking aid of th...
Mohan Lal Mahato Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-21-2006
Reported in: 2006(4)CHN763
Bhaskar Bhattacharya, J.1. This mandamus-appeal is at the instance of a writ petitioner and is directed against the order dated 6th December, 2004 passed by a learned Single Judge of this Court thereby rejecting a writ application filed by the appellant by which he challenged the order dated 28th October, 2004 passed by the Sub-Divisional Officer and the Caste-Certificate-Issuing-Authority, Balurghat, Dakshin Dinajpur, in Cancellation Proceeding No. 17 of 2003 by which the Scheduled Tribe certificate granted earlier to the appellant was recalled.2. There is no dispute that the present appellant obtained a Scheduled Tribe certificate issued by the appropriate authority being the respondent No. 4 herein on 23rd August, 2002 and on the basis of such certificate, he was qualified in the West Bengal School Service Commission Examination, Northern Region and was selected for the post of Assistant Teacher under the Scheduled Tribe category.3. Subsequently, on the basis of a complaint lodged b...
Ramkrishna Pandia Vs. Jogesh Chandra Sarkar and ors.
Court: Kolkata
Decided on: Aug-21-2006
Reported in: 2007(1)CHN161
Bhaskar Bhattacharya, J.1. This mandamus appeal is at the instance of a third-party in a writ application and is directed against the order dated 29th March, 2006 passed by a learned Single Judge by which the learned Judge allowed a writ application filed by the private-respondent before us by directing the State-respondent not to give any appointment to the present appellant as modified-ration-distributor for the Dinhata Sub-division of the District-Cooch Behar and to initiate a fresh recruitment-process and select the fittest candidate for the distributorship following the existing provisions of law.2. The present appellant was not a party to the said writ application and having been affected by the order of the learned Single Judge prayed for leave to file the present appeal and we granted such leave.3. At the time of hearing of the appeal, we found that the learned Single Judge was not justified in passing the direction upon the State-respondent not to give appointment to the prese...
The General Manager, Eastern Railway and ors. Vs. Suvankar Das and ors ...
Court: Kolkata
Decided on: Aug-21-2006
Reported in: (2007)1CALLT581(HC)
Bhaskar Bhattacharya, J.1. This mandamus-appeal is at the instance of the Union of India and is directed against the order dated April 22, 2002 passed by a learned single Judge thereby allowing a writ application filed by the respondents by setting aside the decision of the Chief Commercial Manager, Eastern, Railway dated 5th October, 2001 and directing the present appellants to allot the S.T.D./P.C.O. booths in different Stations in the Sealdah Division, Eastern Railway after finalising the tender-process in accordance with the policy of the year 2000 taken by the Railway Administration without any further delay.2. Being dissatisfied, the Eastern Railway represented by the Union of India has come up with the present mandamus-appeal.3. The facts giving rise to filing of this mandamus-appeal may be epitomized thus:(a) Applications were invited from the handicapped unemployed youth and ladies for allotment of S.T.D./P.C.O. booths in different stations under the Sealdah Division by the Ra...
Nirmal Sarkar Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-21-2006
Reported in: 2007(2)CHN707
Prabuddha Sankar Banerjee, J.1. Three writ applications namely W.P. No. 17894 (W) of 2002, W.P. No. 16851 (W) of 2002 and W.P. No. 17895 (W) of 2002 were brought by three persons, namely, Sri Chiranjeeb Ghosh, Sri Kashi Nath Saha and Sri Nirmal Sarkar respectively2. The said three writ applications were taken up by the learned Single Judge as two of them, namely, Kashi Nath Saha and Chiranjeeb Ghosh challenged the selection of Sri Nirmal Sarkar whereas Sri Nirmal Sarkar prayed for issuance of license in his favour with respect to 'Off shop' excise license at new site.3. On the basis of advertisement for grant of new Excise License 'Off shop' at new site (Baguihati), the petitioner along with other submitted their applications in prescribed form for grant of license The said advertisement was made on the basis of order as per West Bengal Excise (Selection of Person for Grant of License at New Site for Retail Sale of Spirit and certain other intoxicants other than Foreign Liquor on Categ...
Gopal Bhowmick Vs. State of West Bengal
Court: Kolkata
Decided on: Aug-18-2006
Reported in: 2006(4)CHN526
Amit Talukdar, J.INTRODUCTION:1. In the fringe areas of the City of Calcutta at a place known as Mathur Babu Lane, within the jurisdiction of Tangra Police Station there lived an elderly lady known as 'Shibani Ghosh' (P.W. 2), the wife of one Dilip Ghosh.The family consisted of three daughters and one son. Shibani Ghosh (P.W. 2) used to cook for different families. Her youngest daughter Durga Ghosh (P.W. 7) was deaf and dumb. They resided at premises No. 4/1/H/20. The family of the appellant also resided in the adjoining premises. P.W. 7 the prosecutrix and the appellant in fact grew up together.FACTS OF THE CASE:2. An otherwise humdrum existence of an elderly lady who eked her living by way of preparing meals for different families, concentrated on the still waters of her family consisting of three daughters and her only son, suffered a ripple on account of the dastardly act of the appellant which have stirred up an action the cause of which is required to be dealt by us.3. Factual ma...
Anandamoy Ghosh and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: Aug-18-2006
Reported in: 2006CriLJ4250,I(2007)DMC525
P.N. Sinha, J.1. The appellants have preferred these two separate appeals challenging the common judgment and order of conviction and sentence imposed on them by the learned Additional Sessions Judge, Kalna for the offence under Sections 304-B and 498-A of the Indian Penal Code (hereinafter called the IPC) in Sessions Trial No. 1 of 2002 arising out of Sessions Case No. 46/01. The father-in-law, the mother-in-law and the elder brother-in-law of the deceased Chandana Ghosh have preferred CRA No. 415/02 and the husband Amal Kumar Ghosh has preferred the other appeal being CRA No. 416/02. The husband Amal Kumar Ghosh was sentenced to suffer R.I. for 3 years and to pay a fine of Rs. 10000/- in default R.I. for one year for the offence under Section 498-A of the IPC and he was further sentenced to suffer R.I. for 10 years for the offence under Section 304-B of the IPC. Other three appellants who preferred CRA 415/02 were sentenced to suffer simple imprisonment for 2 years each and to pay a ...
Ashok Kothari Vs. Dipti Bavishi
Court: Kolkata
Decided on: Aug-18-2006
Reported in: AIR2007Cal21
1. This appeal is directed against an order dated 20th February, 2006 by which the learned trial Court revoked the grant of Probate Holding 'that the citation issued by this Court in terms of the Court's order was not delivered upon the petitioner through the postal communication.'2. The learned Court negatived the contention that the letter dated 14th January, 2001 written by the sister of the executor, during the lifetime of the testator, establishes that she had no objection to the grant of Probate. The learned Trial Court has impliedly suggested that a sharp practice was perpetrated upon the Court by the appellant in obtaining the grant which is illustrated by the fact that the appellant himself had lodged a caveat and he thereafter obtained an order discharging the caveat whereby an impression was given that the contention had ceased to exist whereupon the grant was made. Lastly, it was found that there was admittedly in existence a codicil which was not brought to the knowledge o...
Prabir Kumar Das Vs. Smt. Jayanti Das and anr.
Court: Kolkata
Decided on: Aug-18-2006
Reported in: (2007)1CALLT227(HC)
Ashim Kumar Banerjee, J.1. One Nirmal Kumar Das died leaving him surviving the parties above named by making a will. The widow, younger son and daughter being the respondents above named applied for letters of administration in this Court with a copy of the will annexed. The elder son. the applicant abovenamed, lodged caveat.2. The present application was filed by the elder son for dismissal of the application for letters of administration being P.L.A.N0. 355 of 2001 on the ground that this Court lacked territorial Jurisdiction to entertain the said application. The application for letters of administration was filed by invoking the jurisdiction of this Court on the ground that the deceased had his permanent place of abode a 25/5A, Anathdeb Lane, Calcutta outside the jurisdiction of this Hon'ble Court as well as the City Civil Court, Calcutta. The place of abode within the territorial jurisdiction of District Judge, 24 Parganas (North). The deceased, however, left immovable property at...
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