Kolkata Court March 2007 Judgments
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Sher Singh Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Mar-19-2007
Reported in: 2007(4)CHN183,[2007(114)FLR197]
Bhaskar Bhattacharya, J.1. This application under Article 226/227 of the Constitution of India is at the instance of an unsuccessful applicant under Section19 of the Administrative Tribunals Act (hereinafter referred to as the Act) and is directed against the order dated December 10, 2002 passed by the Central Administrative Tribunal, Calcutta Bench by which the Tribunal rejected the application filed by the writ petitioner wherein he challenged the order of his dismissal from service.2. The writ petitioner was a member of the Indian Administrative Service of 1976 Batch and belonged to the West Bengal Cadre.3. The writ petitioner was served with a memorandum of chargesheet dated June 2, 1994 inter alia on the following allegations:Article of Charge-I:It appears that Shri Sher Singh while functioning as Director of Evaluation, Monitoring & Manpower, Deptt. of Development & Planning, Govt. of West Bengal, got a book titled 'The Secular Emperor Babur' published without the previous sancti...
Tanusree Basu and ors. Vs. Ishani Prasad Basu and ors.
Court: Kolkata
Decided on: Mar-17-2007
Reported in: 2007(3)CHN724
Tapan Kumar Dutt, J.1. Having heard the learned Counsels for the respective parties, it appears that the following are the facts, in brief.2. The petitioners filed a suit for partition and in such suit the petitioners filed applications under Order 39 Rules 1 and 2 read with Section 151 of the Code of Civil Procedure. In one of the applications the petitioners prayed for an order of injunction restraining the defendant No. 7 from handing over possession of owners' allotted flat of premises No. 1/1A, Sree Mohan Lane, Calcutta-700 026 (schedule 'A' in the plaint) and also restraining the defendant Nos. 1 to 6 from selling any flat of the said premises to any stranger till the disposal of the suit. In the other application, the petitioners prayed for an order of temporary injunction restraining the defendant Nos. 1 to 6 from inducting any tenant or stranger and/or selling out the western side flat No. 201 on the second floor of premises No. 46A, Puma Chandra Mitra Lane, P.S. Charu Market,...
Hemlata Bakshi (Since Deceased) Represented by Her Sons and Legal Repr ...
Court: Kolkata
Decided on: Mar-16-2007
Reported in: 2007(3)CHN305
ORDEREDThat the suit be decreed ex parte without cost. It is hereby declared that the deed of nirupan bearing No. 5340 registered by the Joint Sub-Registrar of Contai on 24.9.56, is void and inoperative and no title to the lands concerned passed to the defendant by that deed. The defendants are permanently restrained from claiming any title to the suit lands through the said deed.51. The issue as to service of writ of summons in the earlier suit has to remain unresolved. As the learned Court below has noticed, the relevant file in which the records relating to service were required to be maintained, was no longer available. Under the rules of procedure laid down, such records were required to be preserved only for three years and thereafter the appropriate rule provides for destruction thereof. In the usual course, such records relating to service would have been destroyed long prior to the institution of the later suit.52. It is thus that other materials have to be looked into to thro...
Prasanta Kumar Mondal Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Kolkata
Decided on: Mar-15-2007
Reported in: (2007)(3)SLJ96CAT
1. The applicant has filed this application under Section 19 of the Administrative Tribunals Act, 1985 challenging the impugned order dated 3.5.2005 and 3.1.2006 issued by the Under Secretary Govt. of India, Ministry of Finance, Department of Economic Affairs (Banking Division), New Delhi in respect of non-considering his representation for relaxation of recruitment rules as well as for promotion to the post of Private Secretary by violating the guidelines and instructions issued by DOP & T dated 25.5.98 and recruitment rules for the post of Private Secretary by violating the guidelines and instructions issued by DOP & T dated 25.5.98 and recruitment rules for the post of Private Secretary published by the Ministry of Finance dated 1.12.2001 which has been forwarded by the Under Secretary, Ministry of Finance received by DRT- (1) Kolkata dated 31.1.2002 and non-consideration of the applicant's representation dated 11.8.2005, 26.9.2005, 14.12.2005 and 6.2.2006 for promotion to ...
Bipul Ranjan Paul Vs. State of West Bengal
Court: Kolkata
Decided on: Mar-15-2007
Reported in: 2007(3)CHN97
Alok Kumar Basu, J.1. Appellant Bipul along with his father Bimal and mother Parul faced charges under Section 498A as well as under Section 304B of the IPC in connection with Sessions Trial No. 8(8) of 2001 before the learned Additional Sessions Judge, 5th Court, Barasat in the district of 24-Parganas (North) and after conclusion of trial, Bipul was found guilty both under Section 498A as well as under Section 304B of the IPC and both Bimal and Parul were acquitted of those charges. The learned Additional Sessions Judge, after convicting Bipul both under Section 498A as well as under Section 304B of the IPC, sentenced Bipul to suffer rigorous imprisonment for 10 years and also to pay a fine of Rs. 2,000/- in default to suffer further simple imprisonment for one month.2. Bipul has now preferred this appeal challenging his conviction and sentence.3. The prosecution case in brief was that Nupur, daughter of Bimal Krishna Paul of village Janakul under P.S. Habra was given marriage to appe...
Sri Swapan Kumar Nayak Vs. Egra Municipality and ors.
Court: Kolkata
Decided on: Mar-15-2007
Reported in: (2007)3CALLT371(HC)
Jyotirmay Bhattacharya, J.1. The order of removal of the Vice-Chairman passed by the Chairman of Egra Municipality on 5th June, 2006 vide annexure 'P-6' to this writ petition is under challenge in this writ petition.The Vice-Chairman of the said Municipality was removed on two fold grounds which are as follows:(i) The Vice-Chairman has not performed his duties as entrusted to him property and(ii) The Vice-Chairman has not maintained the oath of secrecy which he had taken at the time of assuming the office of Vice Chairman.2. Mr. Moitra, learned Senior Counsel, appearing for the petitioner, submitted that when the Vice-Chairman was sought to be removed with a stigma of inefficiency and his failure to maintain the oath of secrecy, an opportunity of hearing should have been given to the Vice Chairman before his removal.3. Mr. Moitra thus submitted that whenever the Vice-Chairman is sought to be removed with imputation, he should be given an opportunity to explain the charges on which he w...
Asit Kumar Das Vs. Smt. Kalpana Das
Court: Kolkata
Decided on: Mar-14-2007
Reported in: AIR2007Cal160
Kalyan Jyoti Sengupta, J.1. This was an appeal against a decree of a dismissal of the suit for dissolution of marriage on the ground of desertion and cruelty, the appellant/plaintiff brought this matrimonial action before the learned trial Judge on the facts, stated in short, hereunder.2. The appellant and respondent were married in accordance with Hindu rites and ceremonies on 9th March, 1989 and they have only one issue out of this marriage. The respondent wife has treated the plaintiff/appellant with mental and physical cruelty. The particulars of such alleged acts of cruelty are summarized hereunder.3. The brothers of the wife are wealthy and prosperous and they have their business of building materials. As such, she being proud of the wealth of her brothers and their affluence ridiculed the appellant/ petitioner and further undermined him, The husband is mentally tortured with the insulting utterances of the wife that he is incapable of maintaining the wife property as he is a man...
Hriday Das and ors. Vs. Smt. Monica Chowdhury and anr.
Court: Kolkata
Decided on: Mar-14-2007
Reported in: (2007)2CALLT634(HC)
Kalyan Jyoti Sengupta, J.1. I have the benefit of going through the draft Judgment of my learned Brother and I agree with His Lordship's conclusion and findings. However, to supplement it slightly I add few words with the risk of surplussage. The decree of eviction is impugned in this appeal by the appellants who are predecessor in interest of one Samulya Das, since deceased.2. The short case of the plaintiff is that one Sunil Chowdhuri, since deceased who was the father of the plaintiff No. 2 and the husband of plaintiff No. 1. purchased amongst other the suit property from one Baidya Nath Dutta and Nirmal Chandra Dutta. Sunil was a modestly prosperous businessman and he had has civil construction business. He died leaving the plaintiff No. 1 and Plaintiff No. 2 and his father namely one Kshetranath Chowdhuri then surviving now since deceased. After death of Sunil father Kshetranath became the guardian of persons and properties of the Plaintiff No. 2 Kshetranath allowed Samulya, since...
Biswanath Hosiery Mills Ltd. and anr. Vs. Union of India (Uoi) and ors ...
Court: Kolkata
Decided on: Mar-14-2007
Reported in: (2008)3CALLT4(HC),2007(4)CHN593
Kishore Kumar Prasad, J.1. These two matters were heard together as they are interlinked. The first matter arises out of a reference made by a learned Single Judge of this Court for determination of the following question by a Division Bench:Whether cess payable, under Section 5A of the Textiles Committee Act, 1963, by a manufacturer of textiles who neither paid duty of excise under Central Excise and Salt Act, 1944, nor submitted returns and paid cess under Textiles Committee Act, 1963, can be assessed by the Assessing Officer under this Act on the basis of figures obtained from source or sources other than the two alternative sources (i.e., the Central Excise Department or the average of the cess levied during the previous two quarters) mentioned in Rule 8 of the Textiles Committee (Cess) Rules, 1975.2. Briefly stated the facts giving rise to the filing of the writ application under Article 226 of the Constitution of India before the learned Single Judge are as follows:A notice dated...
New India Assurance Co. Ltd. Vs. Kutiswar Paramanik and anr.
Court: Kolkata
Decided on: Mar-14-2007
Reported in: 2008(1)CHN44
Tapan Kumar Dutt, J.1. The first petitioner claims to be a Trade Union of owners and pullers of jin-rickshaws registered under the Trade Unions Act, 1926. The second petitioner claims to be its General Secretary while the third and the fourth petitioners claim to be a owner and a puller of jin-rickshaw respectively. They are aggrieved by the inaction of the Kolkata Municipal Corporation (hereafter the Corporation) and its authorities in renewing certificates of enlistment under Section 199 of the Kolkata Municipal Corporation Act, 1980 (hereafter the K.M.C. Act).2. At the outset Mr. Mukhopadhyay, learned Junior Standing Counsel representing the State of West Bengal has raised a preliminary objection with regard to maintainability of the writ petition. According to him, an earlier writ petition filed by the first petitioner claiming similar relief is pending before this Court and hence the petitioners are disentitled to any relief in this petition.3. Mr. Ghosh, Learned Counsel for the p...
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