Kolkata Court September 2006 Judgments
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Director of Public Instructions, Government of West Bengal Vs. Associa ...
Court: Kolkata
Decided on: Sep-20-2006
Reported in: 2007(1)CHN547
Tapen Sen, J.1. This appeal is directed against the judgment dated 12.10.2001 passed by a learned Single Judge of this Court in CR No. 7993 (W) of 1993 whereby and whereunder the prayer of the respondents/ petitioners (hereinafter referred to for the sake of brevity as the respondents) to apply and extend the benefits given to the retired Teachers of Government Colleges was allowed in the following terms:In these circumstances respondents are directed to restore parity of pensionary benefits between the petitioners and retired teachers of Government Colleges as contemplated under the aforesaid three notifications/Government orders dated 7.4.1975, 11.5.1976 and 31.5.1978. The petitioners shall be entitled to benefits of revision of pensionary benefits given to the retired teachers of Government Colleges from time to time by virtue of various Government orders annexed to the petition as Annexure 'D' to 'G'. They shall also be entitled to all arrears of pension calculated on the basis of ...
Lutfa Begum and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-20-2006
Reported in: 2007(2)CHN57
Jyotirmay Bhattacharya, J.1. Two members of No. 5 Bangalbari Gram Panchayat who did not participate in the requisitioned meeting held for removal of the Pradhan, have filed this writ petition, challenging the propriety of the order passed by the prescribed authority on 24th August, 2006, whereby the members of the said Gram Panchayat were requested to take necessary action as per Act and rules as the resolution which was adopted in the meeting held on 21st August, 2006 was not approved as the notice of the requisition meeting was not served upon all the members as per Rule 6(1) of the West Bengal Panchayat (Gram Panchayat Administration) Rules, 2004.2. The legality and/or validity of the subsequent notice by which ten members of the said Gram Panchayat requisitioned a meeting for the very same purpose to be held on 5th September, 2006, has also been challenged in this writ petition.3. Let me give the short background of this case which is necessary for appreciation of the dispute invol...
Union of India (Uoi) Vs. Mukherjee and Mukherjee Pvt. Ltd.
Court: Kolkata
Decided on: Sep-20-2006
Reported in: 2007(1)ARBLR548(Cal)
1. This appeal is directed against a judgment and order of the learned Single Judge of this Court dated 23.09.2004 whereby and whereunder His Lordship has been pleased to dismiss an application for setting aside of an award under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the said Act').2. The time limit has been fixed for making an application of this nature in Section 34 of the said Act. Sub-section (3) of the said section is quoted hereunder for this purpose:(3) An application for setting aside may not be made after three months have elapsed from the date on which the party making that application had received the arbitral award or, if a request had been made under Section 33, from the date on which that request had been disposed of by the arbitral tribunal:Provided that if the court is satisfied that the applicant was prevented by sufficient cause from making the application within the said period of three months it may entertain the appli...
Pravat Chandra Maity Vs. Oriental Insurance Co. Ltd. and ors.
Court: Kolkata
Decided on: Sep-20-2006
Reported in: 2008ACJ53
Prabir Kumar Samanta, J.1. This miscellaneous appeal is by the claimant by challenging the quantum of compensation determined by the Claims Tribunal in a motor accident claim case.2. The claimant-appellant is the victim of the accident. He was severely injured while travelling by C.S.T.C. bus resulting in amputation of his right hand above elbow and thereby making him permanently disabled to the extent of 84 per cent for the rest of his life.3. It has been proved before the Claims Tribunal that while the victim was travelling by C.S.T.C. bus, one truck bearing No. WB 25-6669 moving from opposite direction at high speed hit the said bus causing serious bodily injury as above to the claimant-appellant. The insurer has not disputed this finding of the Tribunal. It has also been proved in evidence that neither C.S.T.C. bus in which the claimant was travelling nor he himself was in any way guilty of contributory negligence for the cause of the said accident. The said accident occurred due t...
Renuka Debnath and ors. Vs. Narayan Chandra Mallick
Court: Kolkata
Decided on: Sep-20-2006
Reported in: 2008(2)CHN844
Prabir Kumar Samanta, J.1. The defendants are the appellants in this appeal, against the judgment and decree for recovery of khas possession of the suit premises No. 52, Fatal Danga Street, P.S. Amherst Street, Calcutta- 700009 comprising of rooms on the two floors of the said premises as mentioned in detail in the schedule to the plaint.2. The plaint case in brief is as under:The plaintiff/respondent Narayan Chandra Mallick and his only brother Balai Chand Mallick since deceased granted lease of the aforesaid suit premises to the predecessor-in-interest of the defendants, namely, Jiban Krishna Debnath for a period of 21 years commencing from 2nd of July, 1963 and expiring on 1st of April, 1984. During the subsistence of the said lease Balai Chand Mallick died leaving behind his wife Smt. Bela Rani Mallick as his only heir. The said Bela Rani Mallick filed Title Suit No. 610 of 1970 for partition of the aforesaid premises. Through the intervention of the well wishers the said suit was ...
Banchit Guli Majhi Vs. State of West Bengal
Court: Kolkata
Decided on: Sep-19-2006
Reported in: 2006(4)CHN888
P.N. Sinha, J.1. The appellant in these two appeals has assailed the judgment and order of conviction under Section 302 of the IPC passed by the learned Additional Sessions Judge, 1st Court, Bankura in Sessions Trial No. 3(8)94 [Sessions Case No. 6(2)93] by which he was sentenced to suffer imprisonment for life and to pay a fine of Rs. 1000/- in default to suffer R.I. for one year. The appeal being CRA No. 189 of 1999 was preferred by him from jail through the Superintendent of the concerned Correctional Home where he was lodged at the relevant time of preferring the appeal, and subsequently by engaging Advocate he has preferred the other appeal being CRA No. 394 of 1999. In fact, these two appeals preferred by the same appellant are directed against the same judgment and order of conviction.2. The prosecution case, in short, is that on 14.9.1987 at 2.30 p.m. Sasanka Sekhar Guli Majhi came to the informant Baidyanath Guli Majhi (P.W. 1) and informed him that at about 2 p.m. his younges...
Vijay Kumar Khanna Vs. Kanai Chandra Pal
Court: Kolkata
Decided on: Sep-19-2006
Reported in: 2007(1)CHN24
Pinaki Chandra Ghose, J.1. A notice of motion in this matter has been taken out on 13th April, 2005 for substitution of the first plaintiff by his legal heirs in view of his death on 26th December, 1996. An application was taken out earlier, in fact there is an endorsement on the application itself, that ''the application is noted as made today'. This endorsement was made by the Assistant Registrar of the Court and such an endorsement is made upon leave being granted by the Court. This aspect is not in dispute in the present petition. An objection, however, has been taken at the preliminary stage itself on the ground that the application is not maintainable in view of the fact that no notice of motion was taken out at the time of filing of this application, and the notice of motion cannot be taken out at this stage. It is also the admitted position that the provisions of Chapter XX of the Original Side Rules applies to petitions of this nature.2. The only question arose in this appeal ...
Pankaj Jaiswal and anr. Vs. Virendra Prasad Jaiswal and ors.
Court: Kolkata
Decided on: Sep-19-2006
Reported in: 2007(1)CHN143,2007(35)PTC761(Cal)
Pinaki Chandra Ghose, J.1. This appeal has been filed from an order dated 17th February, 2006 passed by the Hon'ble First Court whereby His Lordship was pleased to restrain the defendant/appellant herein using the word 'SEC' anywhere to market their product. His Lordship was also pleased to grant stay for a period of two months from date in the event the defendants change their mark 'SEC'.2. Fact of the case briefly are as follows:The plaintiff/respondent No. 1 carries on business as Shiva Engineering Company. The said Shiva Engineering Company was earlier a partnership firm with its partner Virendra Prasad Jaiswal and Surendra Prasad Jaiswal. After the said dissolution the plaintiff carries on business in the name of the said firm as a proprietor thereof. The plaintiff is a manufacturer of electric fan under the trade mark 'SEC'. Plaintiff uses the said trade mark since about the year 1988 and having its registration No.683188 in respect of the said trade mark 'SEC and device' which i...
Shree Shree Gopal Jew and ors. Vs. Jumbo Traders Private Ltd.
Court: Kolkata
Decided on: Sep-19-2006
Reported in: 2007(1)CHN237
Pinaki Chandra Ghose, J.1. This appeal is directed against an order passed by His Lordship Sujit Kumar Sinha, J on 25th February, 1997 whereby His Lordship held that the decree passed by the Hon'ble Court on 5th September, 1985 is a nullity.2. Facts of the case briefly are as follows:Appellants instituted a suit against the respondent No. 1 in the Alipore Court in or about July, 1985 inter alia praying for recovery of has possession of the suit premises and for mesne profit from 1st July, 1985 till delivery of possession of the suit premises. The said suit was transferred to this Hon'ble Court and was renumbered as Extra ordinary Suit No. 8 of 1985. In the said suit on 26th August, 1985 on an application of the appellants herein the Hon'ble Court appointed a Receiver in respect of the suit premises. On 5th September, 1985 an application under Chapter XIIIA of the Original Side Rules of this Court was filed by the appellants and a final Judgment and decree was passed. The operative port...
BenjamIn H. Elias and ors. Vs. Official Trustee of West Bengal and ors ...
Court: Kolkata
Decided on: Sep-19-2006
Reported in: 2007(1)CHN555
Pinaki Chandra Ghose, J.1. The appeal is arising out of an order passed by the Hon'ble First Court dated 19th March, 2004.2. Facts of the case briefly are as follows:One Late Benjamin H. Elias, the memory of his uncle, donated certain amount from his estate and the premises No. 25, Blackburn Lane, Kolkata (hereinafter referred to as the said premises) was purchased to establish, maintain and manage the Prayer-house which is known as the Maghen Aboth as well as a Rest House or home for the aged members of the Jewish community was created in the name of 'Jacob Benjamin Elias Home'. For such purpose a society was registered under the Societies Registration Act, 1860 having its registered office at No. 25, Blackburn Lane, Kolkata.3. The following persons became the members of the said society:(i) Mr. J.N. Elias, President (nominated);(ii) Mr. Muslesh Hony, Treasurer (nominated);(iii) Mr. B.N. Musleah, Hony. Secretary;(iv) Mr. I.E. Mordecal;(v) Mr. S. Nawe;(vi) Mr. A. Ezekiel;(vii) Mr. A. M...
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