Kolkata Court December 2007 Judgments

In Re: Stiffel Und Schuh (India) Ltd. (In Liquidation)

Court: Kolkata

Reported in: [2008]146CompCas119(Cal),[2009]96SCL42(Cal)

Sanjib Banerjee, J.1. A matter of some importance has come up in these misfeasance proceedings: the manner in which such matters are conducted by the official liquidator. There appears to be a general helplessness, some of it may be for genuine reasons and the rest out of sheer habit, with which the official liquidator approaches the company court that questions the credibility of the entire process of liquidation.2. Upon a company being wound up by court, the official liquidator becomes the custodian, under Section 456 of the Companies Act, 1956 (the Act), of the company's properties. The statute requires the official liquidator to be promptly apprised of the company's business and assets and there is a duty cast on the officers of the company immediately prior to the winding up order being made (and even other officers) to file statements before the official liquidator and ensure that all of the wound-up company's assets are placed in his hands. There needs to be a degree of seriousn...

Amit Kumar Sahoo Vs. Samir Baran Sahoo and ors.

Court: Kolkata

Reported in: 2008(2)CHN435

1. Instead of disposal of the application for stay, we propose to hear out the appeal by treating it as on day's list.2. We have heard the learned Advocates for the appellant, the writ petitioner/ respondent No. 1 and we requested Mr. Subrata Mukhopadhyay, the learned junior Standing Counsel, to appear on behalf of the State respondents and, accordingly, a copy of the stay application as well as the copy of the memorandum of appeal has been served upon Mr. Mukhopadhyay.3. The appellant before us was a private respondent No. 9 in the writ application. In the writ application, the writ petitioner complained that the State Electricity Distribution Corporation Ltd. was going to give electric connection to the appellant before us in violation of the West Bengal Ground Water Resources (Management, Control and Regulation) Act, 2005, hereinafter referred to as the said Act and the rules framed thereunder, for the purpose of running of a submersible pump.4. The matter was appearing in the list ...

Md. Imran Ali Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: 2008(4)CHN58,[2008(117)FLR112]

1. This application is directed against a judgment and order of the learned State Administrative Tribunal, passed in O.A. No. 1033 of 2001, whereby and whereunder the petitioner's application against order of punishment of dismissal was dismissed. The fact leading to filing of this application before the learned Tribunal was as follows.2. The petitioner was chargesheeted on or about 10th November, 1997 for drawing up a disciplinary proceedings against him on the imputation of charges that on 14th/15th November, 1996 at night the applicant left police camp for night petrol duty with another NVF namely Haradhan Mondal with arms and ammunition at about 00.01 hours. While the applicant was on the said duty on pucca road near Jalangi Bazar he met a smuggler, Moyej Mondal, and on his request the applicant compelled Haradhan Mondal to accompany the said smuggler to Biswaspara to call some labourers to lift 30 bags of sugar from the godown of Netai Mondal and others for smuggling to Bangladesh...

Anima Biswas Vs. Union of India (Uoi) and ors.

Court: Kolkata

Reported in: 2008(3)CHN938,[2008(117)FLR117]

1. In both the applications, the respective applicants have challenged common judgment and order passed by the learned Tribunal. The applicants are mother and son, and filed applications, OA No. 64 of 2001 (Anima Biswas) and OA No. 65 of 2003 (Partha). The learned Tribunal did not grant relief as asked for by the respective applicants. The short fact of these cases is as follows:2. Anima is the wife and Partha is the son of late M.R. Biswas, (hereinafter referred to as the said deceased) who at the time of death was Senior Personnel Officer, (R.P.) at Garden Reach, Calcutta, in South Eastern Railway. The said deceased died-in-harness on 27th December, 2000. Prior to his posting at Garden Reach, he was in Kharagpur under the same Railway and was occupying Railway Quarter No. 765 VHF Colony South Side Kharagpur befitting to his official position. Despite his transfer to Garden Reach the said deceased along with his son and wife continued to occupy the same quarter. After his death Anima ...

Somnath Shit Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: 2008(4)CHN353

Kalyan Jyoti Sengupta, J.1. I have gone through the draft judgement of my learned Brother Hon'ble Justice Sarkar. I record my agreement with His Lordship's ordering portion and also fact findings. Notwithstanding, I want to add few words of my own. The learned Tribunal has dismissed the application of the applicant on the question of limitation and does not decide the matter on merit. It appears that learned Tribunal found that since the panel in question was prepared in 1995 and the same has lost its force because of the candidates empanelled having been appointed. In my view, question of limitation has to be decided on the basis of the pleadings of both the sides when the question of limitation arises both on fact and law. In the petition, it is stated that the panel was prepared admittedly in 1995. It is also admitted position that the name of the petitioner was found in the panel. I think that approach of the learned Tribunal on the question of limitation is not correct in the eye ...

Nkhiles Guha Vs. University of Kalyani and ors.

Court: Kolkata

Reported in: [2008(117)FLR480]

Aniruddha Bose, J.1. The writ petitioner in this case is an academic and. research scholar, and has served. the University of Kalyani in the capacity of a professor of history since the year 1978. The petitioner claims to have been the head of the history department and also served as Chairman of the Undergraduate Board of Studies as also the Post Graduate Board of Studies of the University in the past. 1 le claims to be the author of several books and article on Indian-history, in the writ petition, he has also highlighted several other achievements in his field of expertise.2. The petitioner was due to retire under the normal circumstance; upon attaining the age of superannuation i.e. sixty years 911 30th April, 2007. The dispute in the present writ petition is over his re-employment in the same. University, which, is permissible under certain circumstances as per the regulation guiding the aspect of re-employment of a whole time employee of the University. The relevant regulation ap...

Javed Ahmed Khan Vs. Union of India (Uoi) and ors.

Court: Kolkata

S.S. Nijjar, C.J.1. The petitioner, Javed Ahmed Khan, has filed this writ petition styled as Public Interest Litigation (PIL) under Article 226/227 of the Constitution of India seeking the issuance of a writ in the nature of mandamus, commanding the respondents to do their statutory duties in accordance with law and to take such measures in accordance with the Building Rules and Regulations so as to prevent the construction of high rise buildings in total violation of the Rules and Regulations.2. The petitioner also seeks the issuance of a writ in the nature of mandamus commanding the respondents to make suitable Regulations indicating the nature of relaxation and the extent to which it is permissible to prevent future abuse of the building laws. The petitioner has further prayed for the issuance of writ in the nature of certiorari quashing the impugned sanctions and relaxations granted to construct high rise buildings in the city at the 92nd meeting of the Mayor in Council dated 16th ...

Bhaskar Gupta Roy and anr. Vs. the West Bengal Pollution Control Board ...

Court: Kolkata

S.S. Nijjar, C.J.1. This Writ Petition has been filed by the residents of Prince Anwar Shah Road and Prince Gulam Md. Shah Road, Kolkata. The Writ Petition has been filed as Public Interest Litigation. Most of the grounds taken in the Writ Petition are identical with the grounds taken in the Writ Petition No. 2087 of 2005. When the Writ Petition came up for hearing on 16th of December, 2005, this Court declined to grant stay on the ground that substantial building work had already progressed and further that the petitioners were aware of the sanction of the building right from October, 2003. Thereafter, this Writ Petition has been listed for hearing along with Writ Petition No. 2087 of 2005 on all occasions. It was, however, sought to be submitted by the counsel for the petitioner that separate order ought to be passed in the present writ petition. We are of the considered opinion that this Writ Petition is virtually identical to Writ Petition No. 2087 of 2005 and, therefore, clearly t...

Sri Manish Kumar Agarwal Vs. State of West Bengal and ors.

Court: Kolkata

S.S. Nijjar, C.J.1. By this judgment we propose to dispose of appeals namely G.A. No. 3715 of 2006, APO No. 355 of 2006, W.P. No. 952 of 2006 and C.A.N. No. 6205 of 2007, M.A.T. No. 2440 of 2007, W.P. No. 23208 (W) of 2006, as both the appeals arise out of the same transaction and have been filed by the same appellant against the same selected candidate.2. The appellant filed Writ Petition No. 952 of 2006 seeking a writ in the nature of mandamus, commanding the respondent No. 8 to recall, rescind, withdraw, cancel and/or set aside the recommendations in favour of respondent No. 8 for appointment as distributor of food grains at Neturia, Purulia. It was pleaded by the appellant that an advertisement 'Annexure P-1' was issued by the respondent No. 6, District Controller, (Food & Supplies) (hereinafter referred to as DCF&S;), inviting applications for appointment of distributor at Neturia. The petitioner had submitted the necessary applications for being considered for distributionship. I...

Chairman, Nadia District Primary School Council Vs. Jyotsna Rani Ray ( ...

Court: Kolkata

Reported in: (2008)1CALLT312(HC)

Pratap Kumar Ray, J.1. Shri Subham Dutta, Employment Exchange Officer is present today before this Court.The appeal is taken up for hearing.2. Heard the learned Advocates appearing for the parties.3. Challenging the Judgment and order dated 7th May, 2001 passed by the learned Trial Judge in W.P. No. 16028 (W) of 1999 this appeal has been preferred by the Chairman, Nadia District Primary School Council.4. By the impugned Judgment under appeal, the learned Trial Judge directed the appearance of the writ petitioner at the time of next selection test straightway before the Council as a scheduled caste candidate irrespective of the fact as to whether her name would be sponsored again or not by the Employment Exchange and irrespective of the age bar.5. The writ petitioner moved the writ application on the grievance that though she registered herself as a scheduled caste candidate in the local employment exchange, but the employment exchange made a mistake by referring her name as a general c...