Kolkata Court September 2006 Judgments
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Exhibitors Syndicate Pvt. Ltd. Vs. Repose Properties Pvt. Ltd. and ors ...
Court: Kolkata
Decided on: Sep-07-2006
Reported in: AIR2006Cal323,2007(1)CHN433
Arun Kumar Mitra, J.1. Challenge has been thrown against Order No. 7 dated 17-6-2005 passed by the learned IXth Bench of City Civil Court at Calcutta in Title Suit No. 703 of 2005. Context of the case in which this appeal arose is as follows:Cultural Enterprises Corporation being the defendant No. 2 in Title Suit No. 703 of 2005 entered into a deed of lease on 28th June. 1957 with Charusila Dassi & Anr, the owners of the Premises No. 138/1, Bidhan Sarani along with a cinema hall being Sree Cinema. Two properties being 138/1 and 138/2 with two cinema halls Sree and Uttara were given on lease but in the instant suit we are concerned only with 138/1 Bidhan Sarani i.e. Sree Cinema. 2. The lease was executed on July 18th, 1957 and it was for a period of 40 years i.e. the lease was valid till July 17th, 1997. A sub-lease was executed by defendant No. 2 in favour of the appellant herein in respect of the same premises and accordingly, the sub-lease was also to expire on 17th July, 1997.3. On ...
Manindra Nath Sinha and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-06-2006
Reported in: 2006(4)CHN513
Bhaskar Bhattacharya, J.1. This mandamus appeal is at the instance of unsuccessful writ petitioners and is directed against the order dated July 5, 2002 passed by a learned Single Judge of this Court thereby dismissing the writ application filed by the appellants. In the said writ application, the writ petitioners challenged the order dated 17th May, 2000 passed by the District Inspector of Schools (SE), Midnapore, by which he said District Inspector of Schools dismissed the representation of the appellants for the approval of their appointments in the concerned school as organizer-staff.2. The facts leading to the filing of the present mandamus appeal may be summed up thus:(a) The writ petitioners are eight in number. The petitioner No. 1 claimed to be the organizer-Headmaster, the petitioner Nos. 2 to 6 as organizer-teachers, the petitioner No. 7 as organizer-clerk and the petitioner No. 8 as organizer Class-IV staff of one Sardiha Anchalik Junior High school, Village Baharakotha, P....
Shri Abdul Wadud Vs. the Block Development Officer and ors.
Court: Kolkata
Decided on: Sep-06-2006
Reported in: (2007)1CALLT331(HC),2007(1)CHN584
Jyotirmay Bhattacharya, J.1. Six members of Rosulpur Gram Panchayat out of 12 members, by their notice dated 25th July, 2006 requested the Pradhan of the concerned Gram Panchayat to convene a meeting for transacting the business on the agenda regarding 'No Confidence' against the Pradhan. Since the Pradhan, in spite of receipt of the said notice, did not convene the said meeting within the period prescribed under Section 16 of the West Bengal Panchayat Act, 1973, the said six members, by their notice dated 11th August, 2006, convened a meeting to be held on 21st August, 2006 for transacting the business regarding the agenda of removal of Pradhan.2. The validity and/or legality of the said notice is under challenge in this writ petition at the instance, of the Pradhan of the said Gram Panchayat.3. Mr. All, learned Senior Advocate, appearing for the petitioner, submitted that the said Act does not contemplate any proceeding to be transacted on the agenda regarding 'No Confidence' against...
Pratap Bhattacharya Vs. Asoke Bhattacharya
Court: Kolkata
Decided on: Sep-06-2006
Reported in: 2007(2)CHN243
Kalyan Jyoti Sengupta, J.1. This was an appeal against the judgment and order dated 18th November, 2000 passed by the learned Trial Judge in Probate Suit No. 8 of 1989 whereby and whereunder letters of administration were granted with the Will annexed to the probate application.2. The facts of the case leading to filing of this appeal and briefly stated hereunder.3. Asoke Bhattacharya, the sole respondent herein, on or about 19th May, 1988 applied for grant of letters of administration with the copy of the Will annexed, of his father late Purna Chandra Bhattacharya, Purna died on 28th September, 1979 leaving behind a document said to be last testamentary one dated 2nd August, 1974. The said testamentary instrument is described to be a holograph Will which was also registered in the office of the Sub-Registrar of Serampore on the same date. Purna had married twice. His first wife Chameli, pre-deceased him in 1930 and in 1932 he married Ashalata Debi. His first wife Chameli gave birth to...
Pallab Mukherjee and ors. Etc. Vs. the State of West Bengal
Court: Kolkata
Decided on: Sep-05-2006
Reported in: 2006CriLJ4682
Alok Kumar Basu, J.1. The learned Sessions Judge, 3rd Bench of the City Sessions Court, Kolkata in a lengthy trial after examining 77 witnesses for the prosecution and after bringing several documents and materials on record as exhibits, ultimately convicted all the five appellants on 14-12-1991 under Sections 365/120B, 302/34 and 201/34 of the IPC and appellant Debasish Banerjee was also convicted separately under Section 384 of the IPC in connection with Sessions Trial No. 2 of June. 1989 corresponding to Sessions Case No. 14 of 1988 which arose out of G.R. Case No. 3241 of 1988 relating to Park Street P.S. Case No. 631 dated 17th October, 1988.2. All the five appellants were sentenced to suffer imprisonment for life and also other substantive sentences for different offences for which they were all convicted.Appellants Pallab Mukherjee, Gopal Sarkar and Ashok Rai @ Bhoda preferred Criminal Appeal No. 23 of 1992 on 31st January, 1992 while Debashish Banerjee and Bijan Barua preferred...
P. Madhava Rao Vs. Superintending Engineer and ors.
Court: Kolkata
Decided on: Sep-05-2006
Reported in: 2007(1)CHN31
Soumitra Pal, J.1. This is an application praying for a direction upon the State respondents to provide electric connection in a building situated on the plot of land in which the petitioner is in actual physical possession.2. It has been stated that for want of electricity the petitioner is facing hardship as in his family there are three school going children. One of his daughter is having an eye ailment. Therefore, having no other option he made an application before the Junior Engineer, Pathargudda, South Andaman for providing electricity which was recommended by the Gram Pradhan of the Panchayat. However, the same till date has not been considered in the absence of 'no objection certificate' from the owner of the land and the Tehsildar.3. Incidentally it has been mentioned in the writ petition that there is a dispute over the plot of land in question with the private respondent No. 5 and a suit being Suit No. 28 of 2003 is pending before the learned Civil Judge, Senior Division, P...
Smt. Malati Roy Chowdhury Vs. Sudhindranath Majumdar and ors.
Court: Kolkata
Decided on: Sep-04-2006
Reported in: AIR2007Cal4,(2007)1CALLT323(HC)
K.J. Sengupta, J.1. By this appeal the appellant Malati has assailed the judgment and order of the learned trial Judge whereby and whereunder appellant's application for grant of letters of administration as well as that of one Basanti Bagchi since deceased, under Section 278 of the Indian Succession Act, 1925 have been dismissed. During pendency of the application of Basanti she died and in her place and stead one Jayanti Sanyal was substituted. The said Jayanti Sanyal's heirs and legal representatives, did not prefer any appeal against this judgment. As such, the question in this appeal is as to whether the learned trial Judge has dismissed the application of the appellant rightly or wrongly.2. The case before he learned trial Judge made out by the appellant in her separate application was that she was an adopted daughter of one Tripti Roy Chowdhury, since deceased. On the death of Tripti, as her adopted daughter, Malati had become the sole heiress and legal representative of all her...
Sanhati Infocom Services Pvt. Ltd. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Sep-04-2006
Reported in: 2007(3)CHN517
Soumitra Pal, J.1. In the writ petition, the petitioner, who is a cable multi-system operator, has challenged notices dated 22nd May, 26th May and 2nd June, 2006 issued by the respondent Nos. 2 and 3 and has prayed for reconnection of the service in terms of the agreement dated 1st July, 2005 entered into by the petitioner and the SET Discovery Private Limited, the respondent No. 2.2. The matter was moved on 8th June, 2006. After hearing the learned Advocates for the parties, directions for affidavits were issued. By an interim order the respondent No. 2 was directed to restore the connection preferably within twenty four hours and was restrained from disconnecting the same before the disposal of the writ application or expiry of the period of the agreement between the parties which ever is/was earlier.3. Perusing the order dated 8th June, 2006, I find that Mr. Banerjee appearing on behalf of respondent Nos. 2 and 3 raised the point of maintainability and it was recorded that the 'subm...
Tapan Kumar Das Vs. State Bank of India and ors.
Court: DRAT Kolkata
Decided on: Sep-01-2006
Reported in: I(2007)BC178
1. The matter relates to an application by an appellant under Order 33 of the CPC for exemption from paying the requisite appeal fees treating him as an indigent person.2. The long and short of the reasons that are made out to make this application for such exemption of fees is this.3. The applicant/appellant was a managing partner of a registered partnership firm namely, "North Bengal Pharmaceutical Works" and he is also a technically qualified entrepreneur. He started his business well being encouraged by the Directorate of Cottage and Small Scale Industries, Government of West Bengal, to set up this pharmaceutical unit of industry financed by the West Bengal Financial Corporation (term loan), the District Industries Centre, Malda (seed money) and State Bank of India (working capital). His business was a need-based fund small scale unit and he was to execute the Government orders within due time. It is alleged that due to deliberate negative attitude of respondent No. 1-Bank for rel...
Neelam Roller Flour Mills (P.) Vs. Bank of Baroda and ors.
Court: DRAT Kolkata
Decided on: Sep-01-2006
Reported in: I(2007)BC158
1. The matter relates to an application under Section 5 of the Limitation Act for condonation of delay in filing this appeal. Heard learned Advocates for both sides.2. The hearing of this application under Section 5 of the Limitation Act has entailed affidavits, supplementary affidavit and affidavits-in-opposition.3. The impugned judgment and order by the DRT-II, Kolkata, was passed on 25th August, 2005 and the instant appeal was filed on 14th December, 2005.4. The main reasons for the delay in filing this appeal, as sought to be explained by the petitioner-appellants may be summed up as follows: (a) Time taken in the proceeding initiated by the appellants in the matter of the revisional application in the Hon'ble High Court, Calcutta, against the impugned judgment and order. (b) Handing over papers, consultations and conferences with the learned Advocate on record and change of learned Advocate, reliance upon the Advocate on record, to file the appeal as expeditiously as possible, bu...
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