Kolkata Court August 2006 Judgments

Senior Superintendent of Post Office, North Calcutta Division and ors. ...

Court: Kolkata

Reported in: 2006(4)CHN759

1. This mandamus appeal is at the instance of the postal authority and is directed against order dated 16th March, 2001 passed by a learned Single Judge by which His Lordship disposed of a writ application filed by the three writ petitioners by which the letter dated 7th June, 2000 issued by the Senior Superintendent of Post Office, North Calcutta Division, was set aside and the post office concerned was directed to refund the principal amount together-with interest payable in terms of Monthly Income Seheme within fifteen days from the date of communication of that order. His Lordship further gave liberty to the writ petitioners to invest their money under the said Monthly Income Scheme if the same was available, but within the limit prescribed by the Scheme.2. Being dissatisfied, the postal authority has come up with the present mandamus appeal.3. It appears that two different accounts under Monthly Income Scheme were opened. The petitioner No. 1 is the husband of petitioner No. 2 and...

Md. Basar Ali Molla and ors. Vs. State of West Bengal and Jaid Ali Mol ...

Court: Kolkata

Tapan Mukherjee, J.1. The C.R.R. No. 334 of 2006 is directed against the order-dated 17.1.2006 passed by the Id. Executive Magistrate, Basirhat Court under Section 133 Cr. PC in case No. M.P. 725 of 2005 directing the petitioner No. 1 Basar Ali Molla and petitioner No. 2 Neat Ali Molla not to create any disturbance or obstruction unlawfully or destroy the path if any, remove the said unlawful obstruction within 15 days and not to disturb the teachers, students/public for using the path measuring an area of 1 decimal at plot No. 1546 and 1 decimal at plot No. 1547 of Mouja-Fakirtakia, P.S. Sandeshkhali, District: 24-Parganas (North). The C.R.R. No. 2370 of 2006 is directed against the order of the learned Executive Magistrate dated 7.7.2006 passed in the same case directing O.C., Sandeshkhali to see that no disturbance is made by the O.P. at the time of repairing the pathway which is being used by students, teachers and others of Sisu Siksha Kendra and report or compliance.2. The respon...

Naru Gopal Chakraborty and ors. Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: 2006(4)CHN436

V.S. Sirpurkar, C.J.1. The appeal is against the order dated 8th August, 2006 whereby the learned Judge passed an interim order directing status quo in respect of the situation in Debipur Gram Panchayat as regards the continuation of its Prodhan in office. Shortly stated, without going into the controversy the Prodhan was served with a notice for holding a meeting to pass a vote of no-confidence. The case of the appellants is that he was served with a notice dated 22nd February, 2006 and was requested to hold a meeting. Another notice dated 13th March, 2006 was sought to be served on him on 15'' March, 2006. He was informed that the meeting was fixed on 21st March, 2006 since he had failed to hold the meeting as per requisition dated 22nd February, 2006. On 17th March, 2006 the Prodhan, Mr. Pradip Saha came before this Court by way of a writ petition being W.P. 5865(W) of 2006. However, this Court did not grant the stay and permitted the meeting to go on.2. Accordingly, the meeting was...

Crystal Cable Industries Ltd. and anr. Vs. Union of India (Uoi) and or ...

Court: Kolkata

Indira Banerjee, J.1. This writ application is directed against an order No. 5-288/Kol/2006 dated 17th March, 2006 of the Customs Excise and Service Tax Appellate Tribunal, hereinafter referred to as the CESTAT, whereby the CESTAT has rejected the prayer of the petitioner for dispensation of the requirement of deposit of the disputed duty, pending hearing of Appeal No. ESM-369/05. 2. The facts giving rise to this appeal are briefly as enumerated hereinafter.3. The petitioner company is inter alia engaged in manufacture of Insulated Electric Wires and Cables railing under Sub-Heading 8544 of the Schedule to the Central Excise Tariff Act, 1985, hereinafter referred to as the said goods, at its factory at Andul Road in Howrah district.4. The petitioners contend, that under the provisions of Section 4 of the Central Excise Act, 1944, the petitioners are entitled to deduct freight and insurance charges and also interest on receivables from the invoice value for calculation of the assessable...

Jenali and ors. Vs. National Insurance Co. Ltd. and anr.

Court: Kolkata

Reported in: 2008ACJ386

Pratap Kumar Ray, J.1. Heard the learned advocates appearing for the parties.2. This appeal has been filed by the claimants of the application under Section 166 of the Motor Vehicles Act, 1988, assailing the judgment and order dated 3.4.2001 passed in M.A.C. Case No. 355 of 1997 of the learned Judge of the Motor Accidents Claims Tribunal, who is also holding the post of learned Additional District Judge, Fourth Court, Alipore.3. It is the case of the appellants before this Court that despite the evidence on record so far as the age is concerned as it appears from the voter identity card as issued under Rule 28 of the Registration of Electors Rules, 1960, the learned Tribunal below came to an erroneous finding that there was no proof of age of the victim at the time of the accident and accordingly did not apply any multiplier system in terms of the structured formula to quantify the amount of compensation. It is also the grievance about the fixation of the income by the learned Tribunal...

Sabita Chowdhury Vs. Dulali Mondal Chowdhury and ors.

Court: Kolkata

Reported in: AIR2006Cal318,(2006)3CALLT614(HC),2006(4)CHN445

Kalyan Jyoti Sengupta, J.1. I have had the benefit of going through erudite draft judgment of my learned brother. I fully agree with the conclusion arrived at by His Lordship and the consequential order passed by him. However, I wish to add a few words of my own which are as follows:2. The plaintiff Monoj (now deceased) and the appellant were found to have married under Hindu rites and ceremonies. They had led their happy and modestly eventful marital life till 1981 from the date of their marriage. They had produced three children who are successful and pride of any family. Two sons are products of 1IT (Kharagpur) and younger son is enviously placed in his life and working in America and elder son is also not lagging behind, he is in decent employment in the State of Andhra Pradesh. Daughter is also married with an Income-tax Officer. What more a fighting and very lower middle class family could achieve during their struggling marital Me? After 50's they migrated from East-Pakistan now...

Kamala Gupta Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: 2006(4)CHN219

Dipankar Datta, J.1. The petitioner had approached this Court in its writ jurisdiction by filing W.P. No. 4963 (W) of 2006. It was the allegation of the petitioner in that petition that the Mutwalli of the mosque at 55, Biplabi Anukul Chandra Street, Kolkata - 700 072 (respondent No. 9) was illegally raising construction in violation of the extant Building Rules and thereby affecting the air, light and ventilation of the premises of the petitioner and despite having complained to the Kolkata Municipal Corporation (hereafter the said Corporation) against such illegal construction, no steps had been taken by the said Corporation.2. It appears that W.P. No. 4963 (W) of 2006 has been disposed of by this Hon'ble Court on 26.4.2006 with a direction upon the Executive Engineer, Borough No. VI, Building Department of the said Corporation to consider the petitioner's grievance as contained in Annexure P-4 to the petition and to dispose of the same by passing a reasoned order after giving an opp...

Manoranjan Ghosh and ors. Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: 2006(4)CHN847

Dipankar Datta, J.1. The petitioners claim to be owners of certain plots of land, particulars whereof have not been mentioned in the body of the petition. Copies of two registered deeds of sale have been annexed to the petition which reveal that plot Nos. 4730, 4732, 4739 and 4738 are the properties mentioned in the Schedule thereto. The open space in front of the residential houses of the petitioners, it is alleged, belongs to Barochandghar Gram Panchayat. Such open space is being used by the petitioners for ingress to and egress from their residential house. It is the further allegation of the petitioners that one Ram Chandra Roy, respondent No. 11 set up a medicine shop and extended shop rooms one after another on the space in front of the residential house of the petitioners and thereby disturbed the ingress and egress of the petitioners. Despite protest made by the petitioners, the Panchayat authority did not take any step to ameliorate their grievance.2. Feeling aggrieved by such...

Revlon Manufacturing Limited Vs. K.V. International and ors.

Court: Kolkata

Reported in: (2007)1CALLT236(HC)

Kalyan Jyoti Sengupta, J.1. The suit above relates to action for infringement and Passing Off of the mark 'Charlie' proprietorship of which is claimed by the plaintiff against the defendants. The aforesaid interlocutory application has been taken out by the plaintiff. At the ad interim stage this Court on prima facie satisfaction passed an order in terms of prayers (a) to (c) of the Notice of Motion. Upon hearing both the parties on 27th July, 2005 the Receiver has been appointed with direction to visit the office of the respondent No. 1 and also any other place, shops and godowns where the finished products were available and to submit a report to this Court. Since the said interim order is continuing, now question of vacation of the same has arisen upon reading of the affidavit of the respondent No. 1. The short fact of the case as made out in the petition on which the aforesaid interim order was passed is briefly set out hereunder:The petitioner/plaintiff is a world leader in cosmet...

Smt. Ashalata Dutta Vs. Smt. Gita Dutta and Shri Avik Kumar Dutta and ...

Court: Kolkata

Reported in: 1(2007)CLT620

Kishore Kumar Prasad, J.1. In this appeal, the order No. 9 dated 20.06.2005 passed by Shri N. Chatterjee, learned Judge, 11th Bench, City Civil Court, Calcutta in Title Suit No. 451 of 2005 is assailed by the appellant Smt. Ashalata Dutta. The respondent Nos. 1 & 2 viz. Smt. Gita Dutta & Shri Avik Kumar Dutta as daughter-in-law and grandson of the appellant herein had filed the aforesaid Title Suit for declaration and permanent injunction and in that suit an application under Order 39 Rules 1 & 2 read with Section 151 of the Code of Civil Procedure for grant of temporary injunction restraining the appellant from evicting them from the suit flat by execution of the Judgment and order passed by the learned Chief Judge, Small Causes Court, Calcutta in S.C.C. Suit No. 201 of 2001. The learned Trial Judge after hearing the parties and on consideration of the materials on record, disposed of the said application for temporary injunction in a slip shot manner directing the parties to maintain...