Kolkata Court March 2007 Judgments
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Mohini Karmakar and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: Mar-08-2007
Reported in: 2007(2)CHN674
Kalidas Mukherjee, J.1. This appeal is directed against the judgment of conviction and sentence passed by learned Additional Sessions Judge, 9th Court, Alipore, in Sessions Trial No. 2(11) of 1992 corresponding to Sessions Case No. 7(3) of 1992 sentencing the appellants to suffer R.I. for life and to pay a fine of Rs. 1,000/- in default to suffer S.I. for six months under Section 302/34 IPC and further sentencing them to suffer R.I. for two years under Section 324/149 with the direction that both the sentences will run concurrently.One Swapan Karmakar lodged complaint with the O.C., Falta P.S. alleging that he and his co-sharers used to rear fish in the pond, but during the last three years on account of dispute over the pond, pisciculture had been stopped. On 18.07.1990 at about 10/10.30 a.m. the kinsmen of the informant viz. Mohini Karmakar, Subal Karmakar, Sambhu Karmakar, Bijay Karmakar, Biswanath Karmakar, Dilip Karmakar and Brihaspati along with others came to throw fish into the...
Kalpana Sen Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-08-2007
Reported in: 2007(3)CHN599
Sadhan Kumar Gupta, J.1. This revisional application has been preferred under Section 482 of the Cr. PC against the judgment dated 20.2.2006 passed by the ld. Additional Sessions Judge, Durgapur in Criminal Motion No. 53 of 2005.2. Case of the petitioner is that she is the lawful owner in respect of the plot No. 82813 under Khatian No. 316 of Mouza Mazedihi. In order to protect her dwelling house, she wanted to construct a boundary wall on 31.5.2005. At that time the respondents forcibly stopped the said work. Finding no other way out the petitioner filed an application under Section 144 of the Cr: PC before the ld. Magistrate at Durgapur who was pleased to call for report from the B.L. & L.R.O. and the O/C Durgapur P.S. After receiving the report, ld. Magistrate was satisfied and was pleased to start a proceeding under Section 144 Cr. PC and directed the opposite parties not to disturb the peaceful possession of the petitioner in the land in question and also directed the O/C to enfor...
Prof. Subhash Ch. Sehgal Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Mar-08-2007
Reported in: (2007)3CALLT436(HC)
Dipankar Datta, J.1. The Central Administrative Tribunal, Calcutta Bench was approached by the petitioner by filing an application under Section 19 of the Administrative Tribunals Act, 1985 which was registered as O.A. No. 6/A&N;/2006. The petitioner questioned the validity and/or propriety of the selection process culminating in the decision taken by the authorities to fill up the post of Additional Director General, Indian Council for Medical Research (hereafter the said post) by appointing the respondent No. 5, Dr. S.K. Bhattacharya. He also challenged the appointment of the respondent No. 5 on the ground of procedural irregularity.2. Having regard learned Counsel for the respective parties and upon consideration of the materials presented before it, the learned Tribunal reached a finding that the selection procedure culminating in appointment of the respondent No. 5 in the said post did not suffer from any infirmity, and accordingly, the selection procedure was not interfered with....
Sakeena Bibi (Km.) and anr. Vs. Andaman and Niccobar Administration an ...
Court: Kolkata
Decided on: Mar-08-2007
Reported in: [2007(115)FLR166]
Ashim Kumar Banerjee, J.1. Kumari Sakeena Bibi and Smt. Laxmi are at present working as Gram Sevika on temporary basis. They were initially appointed as daily rated Mazdoor under the Administration by an order dated March 2, 1994. They were conferred temporary status with effect from September 1, 1993. They continued to work as Group-D staff while the Assistant Commissioner by his order dated July 26, 1995 appointed them as Gram Sevika considering their qualifications. On April 1, 2005, they made representation before the authorities for regularization of their appointment in the post of Gram Sevika. Such representation was not acceded to. They were being paid as daily rated mazdoor although they were discharging duties as Gram Sevika with effect from July, 1995.Getting no response from the authorities they applied before the learned Central Administrative Tribunal for a direction upon the respondent authorities to regularise their services in the post of Gram Sevika. The Administratio...
Sujit Manna Vs. State of West Bengal
Court: Kolkata
Decided on: Mar-07-2007
Reported in: 2007(3)CHN586
Amit Talukdar, J.1. Myriad shades of colour infested the village of Padumbasan while it was celebrating the Festival of Colours in the forenoon of 20.3.2000. Amongst the advent of spring and the riot of colours the house of Rampada Manna was splashed red. The act of the appellant, which spotted the house red with blood, forms the chemistry in this appeal.2. Factual matrix of the allegations, although adumbrated elaborately in the judgment, may be briefly set out for better appreciation of the entire case.3. Shri Gajen Pradhan (not examined), the author of the FIR (Ext. 4) was leading a KIRTAN DAL in the village on the occasion of the Holi Festival. When they approached near the house of Rampada Manna, the deceased, his daughter-in-law (C.W. 12), Soma Manna came out and informed that her father-in-law was being killed.4. This prompted the author of the FIR (Ext. 4) to enter into the house of the deceased Rampada Manna along with other neighbours and he found Rampada Manna had already pa...
Syed Anwar HussaIn Vs. Cesc Ltd. and anr.
Court: Kolkata
Decided on: Mar-07-2007
Reported in: 2008(1)CHN824
Prabuddha Sankar Banerjee, J.1. This revisional application is one under Article 227 of the Constitution of India and is directed against Order No. 36 dated 4th May, 2005 passed by the learned Civil Judge, Junior Division, First Court, Alipur, in connection T.S. No. 32 of 2001.2. The said suit was brought by the present petitioner against the opposite parties with prayer for declaration that the threatening made by the defendant No. 2 is not proper and is fictitious and the defendant has no right to do so. He also prayed for permanent injunction restraining the defendants from disconnecting the electric line.3. The present petitioner also filed an application under Order 39 Rule 1 & 2 read with Section 151 of Civil Procedure Code.4. The learned Trial Judge refused to pass any interim order of injunction and against that order, the plaintiff filed one Misc. Appeal which was numbered as 56 of 2001. By order No. 1 dated 13.2.2001, the learned District Judge, Alipur allowed the prayer for ...
Aditya Nath Banerjee Vs. State Bank of India and ors.
Court: Kolkata
Decided on: Mar-06-2007
Reported in: 2007(2)CHN234
Pranab Kumar Chattopadhyay, J.1. This appeal arises out of the Judgment and order dated August 18, 2005 passed by the learned Single Judge whereby and whereunder the writ petition filed by the appellant herein was dismissed.2. The principal question involved in this appeal is when the resignation submitted by the appellant would become effective. It has been specifically urged on behalf of the appellant that the resignation submitted by the said appellant could be effective only on the date specifically mentioned by the competent authority of the bank in the letter of acceptance of the said resignation of the appellant herein but since the said appellant exercised his right to withdraw the resignation before the said resignation became effective, the resignation submitted earlier by the appellant should be treated as withdrawn and the appellant should be allowed to continue in the service of the bank.3. From the records it appears that the appellant submitted a letter of resignation in...
Gaya Nath Rajbanshi Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-06-2007
Reported in: (2007)3CALLT192(HC),2008(2)CHN879
Pratap Kumar Ray, J.1. Heard the learned Advocates appearing for the parties.2. The appeal and application both are taken up for hearing.3. Challenging the Judgment and order dated 26th August, 2005 passed by the learned Trial Judge in W.P. No. 1'O016(W) of 2001 this application has been preferred. The writ application was dismissed and all interim orders were vacated. The appellant/writ petitioner moved the writ application praying the following relief:a) For that the writ of or in the nature of Mandamus commanding the Respondents Nos. 6 and 7. The Secretary and the Headmaster of Nabapally J.C.S. High School, Post Office-Gantla, Police Station-Kandi, Murshidabad, to allow the petitioner to appear before the Selection Committee prepared for appointment to the post of Peon of the said High School along with the other candidates sponsored by the Employment Exchange concerned, as and when the interview will be held for the said post of Peon on 05].08.2000 or so soon thereafter; 'b) For a ...
Bank of India and anr. Vs. Tapan Kumar Sil and ors.
Court: Kolkata
Decided on: Mar-06-2007
Reported in: [2007(115)FLR225],(2007)IIILLJ934Cal
Pranab Kumar Chattopadhyay, J.1. This appeal has been preferred by the appellant-Bank of India and its Zonal Manger of Kolkata zone from the judgment and order dated January 16, 2002 passed by the learned single Judge in the writ petition filed by the writ petitioner/respondent No. 1 herein. By the said judgment and order learned single Judge of this Court allowed the said writ petition and quashed the impugned orders passed by the bank authorities.2. From the records it appears that the concerned disciplinary authority of the appellant bank initiated disciplinary proceedings against the writ petitioner/respondent No. 1 by issuing the charge-sheet dated August 4, 1993 which contained the following charges:(i) refusing/disobeying the lawful and reasonable order of your superior (i.e., Manager of the Branch) repeatedly.(ii) not allowing the Manager to engage the said Sri Bharat Sahoo for the aforesaid purpose.(iii) compelling the Manager to lift the cash box by himself.(iv) disrupting th...
Sri Utpal Chowdhury Vs. Food Corporation of India and anr.
Court: Kolkata
Decided on: Mar-05-2007
Reported in: (2007)3CALLT1(HC)
Jayanta Kumar Biswas, J.1. The petitioner is aggrieved by the decisions of the corporation rejecting his application for voluntary retirement. The scheme, introduced by notification dated June 29, 2004, was titled 'Voluntary Retirement Scheme for the officers/officials of the Corporation notwithstanding Regulation 22-A of FCI (Staff) Regulations, 1971.' In its para I.2 it was said, 'The Corporation will have the right not to grant voluntary retirement to any of Officers/Officials or the reasons to be recorded in writing.' In para I.3 it said, 'The scheme will be in operation for a period of three months from the date of its notification.' Paragraph IV.3 of the scheme provided, 'Care shall be taken to ensure that highly skilled and qualified officers and staff are not given the option. Further, voluntary retirement could be denied in the following circumstances: (i) Where departmental proceedings have been initiated or are contemplated and the disciplinary authority is of the view that ...
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