Kolkata Court December 2007 Judgments

Nilratan Kundu and anr. Vs. Abhijit Kundu

Court: Kolkata

Reported in: 2008(2)CHN479

Kalidas Mukherjee, J.1. This appeal is directed against the order No. 24 dated 15.7.2006 passed by the learned Additional District and Sessions Judge, Fast Track, 1st Court, Barasat in Act VIII 48/2004 allowing the case under Sections 7 and 10 of the Guardians and Wards Act (Act VIII of 1890). The said case was filed before the learned Court below by Abhijit Kundu, the father of the child Antariksh Kundu, claiming custody of the child from the O.Ps. It was the case of the petitioner/father before the learned Court below that he married Mithu Kundu, the mother of Antariksh, on 8.8.1995 and out of the said wedlock Antariksh was born on 18.11.99. Mithu Kundu who had been suffering from hyper-tension and other ailments died following severe pain on her chest. She died before she could be taken to a local Government Hospital. The parents-in-law of the present O.P. being terribly shocked due to sudden demise of their daughter, lodged a complaint with the local PS alleging torture and murder ...

Vikash Iron and Steel Pvt. Ltd. and anr. Vs. Cto, Jorasanko Charge and ...

Court: Kolkata

Reported in: (2009)19VST224(NULL)

R.K. Datta Chaudhuri, Judicial Member1. In this application under Section 8 of the West Bengal Taxation Tribunal Act, 1987 filed on May 17, 2002, the applicants challenged initiation and continuation of the certificate proceeding for realisation of the assessed tax and interest thereon as well as sealing of their place of business on May 13, 2002 in pendency of the appeal from the said assessment order passed under Section 11 of the Bengal Finance (Sales Tax) Act, 1941 and the said application before the appellate authority and also sought damages from respondent No. 3, CTO, Esplanade charge and respondent No. 5, Certificate Officer, in person alternatively from the Government of West Bengal of Rs. 50 lakh for illegal sealing of his place of business. By interlocutory order dated June 12, 2002 the Bench of this Tribunal, consisting of the honourable Chairman Justice P. K. Sen and the Technical Member honourable Mr. D. Bhattacharya, directed dropping of the certificate proceeding and un...

In Re: Scil India Limited (In Liquidation)

Court: Kolkata

Sanjib Banerjee, J.1. This is a disclaimer application with a twist. The applicant seeks a direction on the official liquidator to make over possession of the concerned premises to it with knowledge that it is not the official liquidator who is in actual possession of the premises. The applicant insists that even without its endeavour being facilitated as it has been in this case, it is entitled to seek not only a direction on the official liquidator to surrender the rights of the company in liquidation in respect of the property in its favour but also seek a direction on the official liquidator to remove the trespasser from the premises and make over possession. The answer to such issue need not be given in these proceedings by reason of the fortuitous event that overtook the question.2. The applicant is a lessee under the state government in respect of vast stretches of land in Jamshedpur. The concerned premises is part of the long lease that the applicant enjoyed originally under th...

Naushad Ahmed Vs. Smt. Nirmala Agarwal and ors.

Court: Kolkata

Reported in: AIR2008Cal21

Pranab Kumar Chattopadhyay, J.1. This application has been filed in connection with the appeal preferred from the order dated 24th August, 2007 whereby and whereunder the learned single Judge finally disposed of the writ petition filed by the respondent No. 1 herein along with two other applications filed in connection with the said writ petition.2. Admittedly, the appellant herein was not impleaded as a party to the writ petition although the said appellant was dispossessed by the Special Officer pursuant to the interim order passed by the learned single Judge before finally deciding the said writ petition.3. From the order under appeal we find that the learned single Judge finally disposed of the writ petition without deciding anything and kept all the points open. The application filed on behalf of the appellant herein for being added as a party respondent to the said writ petition and also for discharging the Special Officer upon handing over the possession of the flat in question ...

Tata Steel Ltd. Vs. Official Liquidator

Court: Kolkata

Reported in: [2008]143CompCas563(Cal),[2009]89SCL99(Cal)

Sanjib Banerjee, J.1. This is a disclaimer application with a twist. The applicant seeks a direction on the official liquidator to make over possession of the concerned premises to it with knowledge that it is not the official liquidator who is in actual possession of the premises.2. The applicant insists that even without its endeavour being facilitated as it has been in this case, it is entitled to seek not only a direction on the official liquidator to surrender the rights of the company in liquidation in respect of the property in its favour but also seek a direction on the official liquidator to remove the trespasser from the premises and make over possession. The answer to such issue need not be given in these proceedings by reason of the fortuitous event that overtook the question.)3. The applicant is a lessee under the State Government in respect of vast stretches of land in Jamshedpur. The concerned premises is part of the long lease that the applicant enjoyed originally under...

Amal Chowdhury Vs. Union of India (Uoi) and ors.

Court: Kolkata

Reported in: (2008)1CALLT319(HC),[2008(117)FLR846]

Pratap Kumar Ray, J.1. Let affidavit filed by the respondents be kept with the record.Heard the learned Advocates appearing for the parties.2. This writ application has been moved under Articles 226/227 of the Constitution of India assailing the order of Central Administrative Tribunal, Calcutta Bench dated 25th September, 2006 passed in O.A. No. 186 of 1996. By the impugned order, Tribunal rejected the application which was moved assailing the final order of dismissal departmental proceeding.3. The writ petitioner admittedly was served with a copy of charge sheet to face the departmental proceeding on the factual charge of suppression of actual date of birth and furnishing of a false date of birth to gain the service. The charge as framed reads such:.that Shri Amal Chowdhury was appointed as Sepoy w.e.f. 12.7.76.That the time of his appointment in Custom House, Calcutta as Sepoy Shri Chowdhury suppressed his actual date of birth and furnished a false date of birth isasmuch as he produ...

M. Raju and ors. Vs. Union of India (Uoi) and ors.

Court: Kolkata

Reported in: (2008)4CALLT202(HC),2008(2)CHN48

Soumitra Pal, J.1. The petitioners had filed the writ petitions challenging an order dated 22nd July, 2006 issued by the Station House Officer, Police Station, Nancowry directing them to produce valid documents regarding their stay in Camorta on the ground that they have been residing for a long period of time without holding any valid permit in gross violation of the provisions of the Andaman and Nicobar Islands (Protection of Aboriginal Tribes), Regulations, 1956 (for short 'the Regulation'). Be it noted the Regulation was promulgated for the protection of the interests of socially and economically backward aboriginal tribes in the Andaman and Nicobar Islands.2. The writ applications were moved on various dates. Directions were issued for filing of affidavits. Interim order was passed restraining the respondents from taking any step in terms of the impugned order dated 22nd July, 2006. Affidavits have been exchanged. It may be mentioned that during the pendency of writ applications t...

Sk. Abdur Rouf Wakf Estate Represented by Sk. Hafizur Rahaman Vs. Stat ...

Court: Kolkata

Reported in: 2008(2)CHN249

1. No one has come forward on behalf of State to oppose this application.2. Admitted position is that the property in question was owned one point of time by one Abdur Rouf, who by and under a written deed of wakf, dedicated his entire property to Allah (Almighty), appointing himself as the first Mutawalli. Thereafter, he desired that his sons and successive descendants would be the Mutawallis and he also provided that in case of extinction of any of the descendant Mutawallis, the learned District Judge would appoint Mutawalli and income of the wakf property would be utilised for religious and charitable purpose, viz. for rendering help to the poor people of Muslim community.3. The present matter relates to agricultural land which is a part of the wakf property. The original Wakif at one point of time filed 'B' form under the West Bengal Estates Acquisition Act and at that time, the deed of wakf was produced and it was understood that this wakf was a Wakf-Alal-Aulad. As such, authority...

Francis KleIn and Co. Pvt. Ltd. Vs. Standard Chartered Bank

Court: Kolkata

Prabuddha Sankar Banerjee, J.1. This relates to an application filed by the plaintiff for addition of party. The plaintiff brought the suit claiming relief which are as follows:a) Mandatory injunction directing the defendants to restore the said tenanted premises in the same condition together with the lift services thereto as it was prior to 4th July 1999 and fit for the purpose for which the same was let out to the plaintiff and make over the same to the plaintiff within such time as to this Hon'ble Court may deem fit and proper.OrIn the alternative, such person or persons be appointed who in place of the defendants would restore the said tenanted premises in the same condition as it was prior to 4th July 1999 together with the lift services thereto and fit for the purpose for which the same was let out to the plaintiff at the cost of the defendants and make over the same to the plaintiff within such time as to this Hon'ble Court may deem fit and proper.b) Mandatory injunction direct...

Sitangshu Maity Vs. Union of India (Uoi) and ors.

Court: Kolkata

Reported in: (2008)1CALLT393(HC)

Jayanta Kumar Biswas, J.1. In all these writ petitions the second and third respondents, the Director, Zoological Survey oflndia, and the Deputy Director and Officer-in-Charge, Zoological Survey of India, Marine Aquarium (Digha) respectively, have taken out applications for vacation of the interim order directing them to go on engaging the petitioners as security guard and safaiwala and also to pay their remuneration. Since the writ petitions are ready for final hearing, I invited counsel for the parties to argue them, and accordingly they have argued the writ petitions for final disposal. W.P. No. 18919 (W) of 2006 and CAN No. 8412 of 2007 are not appearing. By consent of counsel for the parties they are reated as on the day's list. Since common questions of fact and law are involved in all the cases, they have been heard together, and are being disposed of by this common Judgment.2. The petitioners have prayed for a mandamus commanding the second and third respondents to enter into a...