Kolkata Court October 2007 Judgments
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Anup Kumar Kundu Vs. Registrar of Co-operative Societies and ors.
Court: Kolkata
Decided on: Oct-15-2007
Reported in: 2008(1)CHN140
Bhaskar Bhattacharya, ACJ.1. This mandamus appeal is at the instance of an unsuccessful writ petitioner and is directed against order dated March 22, 2005 passed by a learned Single Judge of this Court by which His Lordship not only dismissed the said writ application filed by the appellant but also passed a direction upon the respondent No. 3 to permit the respondent No. 7 to join her duty with immediate effect notwithstanding the fact that no writ application was filed by the said respondent No. 7 praying for such direction.2. By the said writ application, the appellant, inter alia, prayed for the following relief:A declaration that the advertisement published in the Ananda Bazar Patrika dated 26th February, 2002 for recruitment to the post of Chief Executive of the respondent No. 3 and all the subsequent proceedings pursuant to the said advertisement by the respondent No. 2 in connection with the recruitment of the Chief Executive of the respondent No. 3 are not sustainable in law.I...
Nicco Corporation Ltd. Vs. Cable Corporation of India Limited and ors.
Court: Kolkata
Decided on: Oct-15-2007
Reported in: 2008(1)CHN567,2008(2)CTLJ321(Cal)
Bhaskar Bhattacharya, ACJ.1. These two mandamus appeals were heard together as these are preferred against the self-same order dated 6th August, 2007 passed by a learned Single Judge of this Court by which His Lordship allowed a writ application filed by the Universal Cable Ltd. the private respondent in these appeals, by setting aside the decision of the Metro Railway Authority to award contract in favour of NICCO Corporation Limited ('NICCO'), the appellant, in one of these appeals with the observation that whatever amount of work had already been executed by NICCO should not be undone and it would be entitled to the payment as per its entitlement for the work done till the date of delivery of judgment. His Lordship, however, directed the Metro Railway Authority to proceed to award the contract for the balance work to the next eligible tenderer or to initiate fresh process for execution of the balance work with further direction that in such a case, NICCO would not be entitled to par...
Steel Authority of India Limited Vs. Tapas Kumar Roy
Court: Kolkata
Decided on: Oct-15-2007
Reported in: 2008(1)CHN697
Girish Chandra Gupta, J.1. This appeal is directed against a judgment and order dated 31Bt March, 2005 passed by the learned Civil Judge, Senior Division, Burdwan, in Misc. Case No. 82 of 1992 refusing to set aside an award passed by Mr. K. Ramaiya.2. The facts and circumstances of the case briefly stated are as follows:By an intent dated 25/28th July, 1983 the work of construction of 40 units of 600 sq.ft. double storied house, in the C & B Zone at Durgapur Steel Township at an estimated contract value of Rs. 24,93,718.10 paisa, was awarded to the respondent by the appellant. The time granted for completion of the work was one year. According to the respondent the appellant failed to perform its reciprocal obligations. As a result the respondent was compelled to rescind the contract by a notice dated 30th September, 1985. The respondent thereafter preferred claim on various grounds including payment for the work done, refund of security deposit and damages. The appellant failed and ne...
Agnel Kujur Vs. State
Court: Kolkata
Decided on: Oct-15-2007
Reported in: 2008(1)CHN860
Kalyan Jyoti Sengupta, J.1. This appeal assails judgment of conviction and sentence dated 21st May, 2007 passed by the learned Sessions Judge, A & N Islands. The appellant was arraigned with charges under Sections 302 and 201 of the Indian Penal Code, for committing murder of one Julia Barua, since deceased, and for causing disappearance of evidence. The learned Trial Judge convicted him under Section 302 IPC, however, there has been acquittal under Section 201 IPC.2. The short facts for which the appellant stood for trial are stated hereunder:One Nisdor Kindo, P.W.1, the then Up-Sarpanch of Kishori Nagar Gram Panchayat on receipt of an information at Kishori Nagar from one Neelratan Mondal, Up-Pradhan of the same Gram Panchayat about murder of Julia Barua, wife of Marshal Xalxo, returned to his village Parangara and met the husband of the deceased. He with said Marshal Xalxo and two or three other persons of his house had been to a nallah (small canal) where they found the deadbody of...
Malay Kumar Banerjee and anr. Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Oct-15-2007
Reported in: 2008(1)CHN1058
Ashim Kumar Roy, J.1. This criminal revision arises out of an order of taking cognizance of offences under Section 21(2) of Mines and Minerals (Development and Regulation) Act, 1957, and under Section 290/379/447 of the Indian Penal Code on a chargesheet submitted by the police under Section 173 of the Code of Criminal Procedure.2. The learned Advocate of the petitioner contended before this Court that in view of clear restriction contained in Section 22 of the Mines and Minerals (Development and Regulation) Act, 1957, for the sake of brevity hereinafter referred to as the 'said Act', taking cognizance of any offence punishable under the said Act on a complaint made by a person not authorized either by the Central Government or State Government in that behalf is wholly without jurisdiction. In this connection he relied on a decision of this Hon'ble High Court in the case of Sima Sarkar v. State reported in 1995(1) CHN 1.3. Against such contention it has been submitted by Mr. Debabrata ...
Shri A. Selvaraj Vs. the Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Oct-15-2007
Reported in: (2008)3CALLT416(HC)
Kalyan Jyoti Sengupta, J.1. The above public interest writ petition (hereinafter referred to as PIL) has been initiated by the petitioner for the following reliefs:A) A writ in the nature of Mandamus directing the respondents, their men, agent and servants to act in accordance with law setting aside the impugned notification dated 30th March, 2007, which is contrary to law.B) A writ in the nature of Certiorari directing the respondents to transmit the case record before this Hon'ble Court, so that after perusing the same conscionable justice may be rendered directing the respondents to act in accordance with law by not interfering with the work of North & Middle Andaman Zilla Parishad.C) A writ in the nature of prohibition restraining the respondents to interfere in any manner whatsoever with the grass route level administration of Zilla Parishad, North & Middle Andaman District except in accordance with law.D) Rule NISI in terms of pray (A), (B) & (C) above.E) An interim order be pass...
Bani Basu and ors. Vs. Sachindra Nath Ghosh and anr.
Court: Kolkata
Decided on: Oct-15-2007
Reported in: 2008(2)CHN165
Tapan Kumar Dutt, J.1. Heard the learned Advocates for the respective parties. Facts of the case are briefly as follows:The appellants (Smt. Bani Basu and Ors.) filed title suit No. 2 of 1983 in the Court of the learned 5th Assistant District Judge at Alipore, 24-Parganas against the defendants in the said suit including the respondents herein praying inter alia for a decree for permanent injunction restraining the said defendants from interfering with the appellants' possession in the suit property and also restraining the said defendants from making any construction on the suit property or from wasting, damaging or alienating any part of the suit property or from changing the character thereof, a decree for mandatory injunction directing the said defendants to remove themselves from the suit property and also decree for possession. The description of the suit property given in the plaint is as follows:Premises on 106, B.T. Road, P.S. Baranagar, 24-Parganas, containing an area of abou...
Pasupati Ghosh and anr. Vs. Mrityunjoy Ghosh and ors.
Court: Kolkata
Decided on: Oct-15-2007
Reported in: 2008(3)CHN79
Manik Mohan Sarkar, J.1. This is an application under Article 227 of the Constitution of India. This application has been directed against the order No. 55 dated 11.07.2006 passed by the learned 1st Assistant District Judge at Barasat in title Suit No. 383 of 1994.2. Petitioners' case is that Mrityunjoy Ghosh & others, opposite parties in the present application filed Title Suit No. 383 of 1994 being a suit for partition and for declaration that the ex parte decree dated 08.09.1982 followed by final decree dated 03.11.1992 in Title Suit No. 127 of 1997, as collusive, fraudulent, null and void, inoperative and not binding upon them. There were many co-sharers/parties including the plaintiffs totally numbering 23 persons in that suit before the learned 1st Assistant District Judge, Barasat. The plaintiff No. 8 in the suit, Gourrani Ghosh and the plaintiff No. 9 Nabanita Ghosh died and the present opposite party No. 1 & others filed application under Order 22 Rule 9 of the Code of Civil P...
Md. Emamul Haque and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Oct-12-2007
Reported in: 2007(4)CHN772
Bhaskar Bhattacharya, A.C.J.1. This mandamus appeal is at the instance of unsuccessful writ petitioners and is directed against the order dated September 10, 2007 passed by a learned Single Judge of this Court by which His Lordship dismissed the writ application filed by the appellants in which the appellants challenged a notice of requisition of the removal of a Pradhan of a Gram Panchayat by relying upon the second proviso to Section 12 of the West Bengal Panchayat Act, 1973 on the ground that such requisition having been initiated within one year from his election, the same was invalid.2. The learned Single Judge by the order impugned herein refused to accept the contention of the appellants in view of the two decisions of a Division Bench of this Court, one, in the case of Eunas Ali Molla v. State of West Bengal and Ors. reported in 1997 WBLR (Cal) 275 and the other, in the case of Muslakim Hossain v. State of West Bengal and Ors. reported in 1997(2) CHN 180. In the said decision o...
Sk. Khalilur Rahaman and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Oct-12-2007
Reported in: 2007(4)CHN983
Bhaskar Bhattacharya, A.C.J.1. This application under Articles 226 and 227 of the Constitution of India is at the instance of the unsuccessful applications under Section 19 of the Administrative Tribunals Act, 1985 (hereinafter referred to as the 'Act') and is directed against the order dated December 12, 2003 passed by the State Administrative Tribunal thereby rejecting the said application under Section 19 of the Act filed by the petitioners.2. By the application under Section 19 of the Act, the writ petitioners challenged the order dated July 15, 2002 passed by the Special Secretary to the Government of West Bengal whereby the earlier orders dated 10th August, 2001 and 18th September, 2001, by which the writ petitioners were given appointment to the posts of District Mass Education and Information Officer and the re-designated post of District Extension and Media Officers respectively, were declared to be nullity and the writ petitioners were directed to hold the temporary posts of ...
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