Kolkata Court April 2007 Judgments
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Purnendu Sekhar Nanda Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-24-2007
Reported in: 2007(2)CHN690
Bhaskar Bhattacharya, A.C.J.1. This application under Article 226/227 of he Constitution of India is at the instance of an applicant before the West Bengal Administrative Tribunal and is directed against the order dated 27th November, 2003 passed by the Tribunal in T.A. No. 118 of 1998 by which the writ petitioner challenged the departmental proceeding, the second show-cause notice as well as the subsequent order of reversion.2. The facts giving rise to filing of this application may be summed up thus:(a) The writ petitioner was a police officer and has in fact retired from service on 31st May, 2002 during the pendency of the application before the Tribunal.(b) During his service tenure as a Sub-Inspector of Police, on 31st October, 1985, a truck bearing Registration No. PUM-5303 was seized in connection with Bishnupur Police Station Case No. 8 dated 31st October, 1985 under Section 399/402 of the Indian Penal Code and Section 25/27 of the Arms Act.(c) On the allegation of theft of fou...
Panchanan Ghosh Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-24-2007
Reported in: 2007(3)CHN337
Bhaskar Bhattacharya, A.C.J.1. These two applications under Article 226/ 227 of the Constitution of India were heard together as the point involved herein is practically the same.2. Both these applications are directed against the common order dated 4th September, 2006 passed by the West Bengal Administrative Tribunal, Calcutta thereby dismissing two separate applications under Section 19 of the Administrative Tribunals Act filed by the writ petitioner which were heard analogously.3. The petitioner before us filed O.A. No. 2239 of 2005 under Section 19 of the Act before the Tribunal thereby praying for a direction upon the respondent authority to cancel, rescind, withdraw and/or forbear from giving effect and further effect to the appointment of the respondent No. 3 to the post of Principal, Burdwan Medical College and to prepare a panel on the basis of seniority-cum-merit and experience in the feeder post and to give appointment to the post of Principal of the Medical College by follo...
In Re: Kumardhubi Fire Clay and Silica Works Ltd.
Court: Kolkata
Decided on: Apr-24-2007
Reported in: AIR2007Cal239
ORDERSanjib Banerjee, J.1. In this letter for direction the Official Liquidator had sought directions for declaring and making payment of dividend to the 1572 workmen and for ancillary orders. Copies of the letter for directions were required to be served on the two secured creditors. Bihar State Financial Corporation and State Bank of India. The workers have also joined in and challenged the finding of the Official Liquidator that only a sum of Rs. 4.47 crore (approx) was payable to the workers after accepting the permissible claims of the secured creditors.2. The Official Liquidator claimed that the total fund for distribution is a sum of Rs. 11.90 crore. After deducting expenses incurred and payments made, including to Bihar State Financial Corporation (BSFC), the closing balance in the hands of the Official Liquidator as at February 28, 2007 appears to be a sum of Rs. 10,97,28,622/-.3. The workers submit that the workers have a right at par with BSFC and ahead of State Bank of Indi...
Joydeb Dowari Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-24-2007
Reported in: [2007(115)FLR973]
Bhaskar Bhattacharya, A.C.J.1. These two writ-applications were heard analogously as common question of law and fads are involved herein. We, however, propose to deliver the judgment separately, one after the other.This application being W.P.S.T. No. 52 of 2007 under Article 226/227 of the Constitution of India is at the instance of an unsuccessful application under Section 19 of the Administrative Tribunals Act and is directed against order dated November 21, 2006 passed by the State Administrative Tribunal thereby rejecting the application filed by the writ petitioner, in which he challenged the initiation of a departmental proceedings being Howrah GRP, District. Proceeding No. 12 of 2004, the report of the .Enquiring Officer in respect of the said proceedings given under his signature dated 6th January, 2005 and a second show-cause notice dated January 29, 2005 issued by the Superintendent of Police, Government Railway Police, Howrah, proposing punishment of dismissal of service on ...
Monisha Roy and ors. Vs. Biplab Sengupta and ors.
Court: Kolkata
Decided on: Apr-20-2007
Reported in: 2007(2)CHN636
S.P. Talukdar, J.1. This application under Article 227 of the Constitution is directed against the Order No. 43 dated 7th August, 2006 passed by learned 2nd Court of Civil Judge, Junior Division, Alipore in Title Suit No. 34 of 2004.2. The present petitioner, as defendant, filed an application dated 24.3.2005 before the learned Trial Court praying for allowing him to make certain repairs in respect of the disputed premises.3. The petitioners claiming to be tenants respect of the first floor of premises No. 56, Ballygunge Gardens, Kolkata-700 019 since 1966 alleged that the said premises urgently requires. It was claimed that the opposite parties/plaintiffs were repeatedly requested to take steps for necessary repairs but to no avail.4. By letter dated 9.10.2002, the petitioners intimated the opposite parties of the intention to carry out the repairs.5. On 10.2.2004, the Kolkata Municipal Corporation issued a notice under Section 411(1) of the Kolkata Municipal Corporation Act calling u...
Star Textiles and Industries Ltd. Vs. Olive Tea Plantations P. Ltd. (N ...
Court: Kolkata
Decided on: Apr-20-2007
Reported in: [2009]149CompCas68(Cal)
Sanjib Banerjee, J.1. The petitioner cites the company's failure to return a loan as the ground to hold that the company is unable to pay its debts and liable to be wound up.2. A total sum of Rs. 86,91,000 according to the petitioner, was made available to the company between February 13, 2002 and March 31, 2004. Of this, the company repaid a sum of Rs. 5,49,400 leaving an unpaid balance principal of Rs. 81,41,600. The petitioner sought refund of such sum together with interest thereon at the rate of 15 per cent, per annum by its statutory notice of September 20, 2004. The company's response to such demand and the subsequent stand taken in the affidavit filed in these proceedings is, by and large, the same. It alleges that one Harsh Bajoria was the principal person in control of the company prior to the present management taking over and that such Bajoria had shown payments being made to the company from entities under his ultimate control without the company having received any benefi...
Sasthi Bagdi and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: Apr-19-2007
Reported in: (2007)2CALLT561(HC),2007CriLJ2600
Kalidas Mukherjee, J.1. This appeal is directed against the judgment of conviction and sentence passed by learned Additional Sessions Judge. 2nd Court, Bankura convicting Sasthi Bagdi and Ananda Bagdi and sentencing them to suffer imprisonment for life and to pay fine of Rs. 5.000/- each in default S.I. for six months under Section 302/34, I.P.C. One Dilip Bagdi lodged complaint with the O.C. of Patrasayer P.S. alleging that on 25-2-1995 at about 6.00 p.m. his brother Bhagya Bagdi alias Ajit Bagdi was stabbed to death by Sasthi Bagdi. The father of the informant died about a year prior to the lodging of the complaint. Gangarani Bagdi. the mother of the informant, had an illicit relation with Sasthi Bagdi from before the death of her husband. Following the discussion in the Salish, the mother of the informant was no longer willing to continue any relationship with Sasthi. But very often Sasth tried to have illicit relation with Gangarani forcibly. On the date of incident in the evening ...
Metro Cash and Carry India Pvt. Ltd. Vs. Sasanka Sanfui and ors.
Court: Kolkata
Decided on: Apr-19-2007
Reported in: 2007(3)CHN451
Tapan Kumar Dutt, J.1. A partition suit being Title Suit No. 121 of 1962 is pending in the Trial Court concerned at Alipore and in such suit a receiver has been appointed in respect of the suit properties. The petitioner is not a party in the partition suit. It also appears that a very substantial property is involved in the said partition suit and a large number of persons are parties in the said suit. It also appears that the petitioner is claiming to be a lessee under the proforma respondents i.e. the West Bengal Industrial Development Corporation and the State of West Bengal in respect of a total area of 7.53 acres of land which is a part of the aforesaid suit properties. According to the petitioner the said land which has been let out to the petitioner has been vested in, and/or acquired by, the proforma respondents and that the proforma respondents have perfect title in respect of the said demised land in respect of which the petitioner is a lessee. The petitioner claims that the...
In Re: Kanoria WisconsIn Centrifugal Ltd.
Court: Kolkata
Decided on: Apr-18-2007
Reported in: [2008]81SCL117(Cal)
Sanjib Banerjee, J.1. These two applications are taken up and disposed of by this common order.2. By an order of 16-2-2007, sale of the assets of the company (in liquidation) was confirmed in favour of Chaudhary and Sons Forging (P.) Ltd., the applicant in C.A. No. 307 of 2007, at a price of Rs. 1.46 crores. The successful bidder was required to put in the balance earnest deposit by 19-2-2007. The operative portion of the order provided, inter alia, as follows:The successful bidder has sought time till Monday to put in the balance earnest deposit of Rs. 27.50 lakhs (Rs. 36.50 lakhs less Rs. 9 lakhs).The successful bidder is given time till Monday to put in the balance earnest deposit. In the event the balance earnest money is not put in by 19-2-2007, the earnest deposit already made is liable to be forfeited. The balance price will be paid within 30 days from date. In default of the balance price being put in within the stipulated date, the earnest money then deposited may be forfeited...
Bliss Graphics (P.) Ltd. Vs. Multi Layers Plastics
Court: Kolkata
Decided on: Apr-18-2007
Reported in: [2008]82SCL407(Cal)
Sanjib Banerjee, J.1. The petition was originally admitted for a sum of Rs. 6,04,564.63 together with interest at the rate 6 per cent per annum from 26-3-2003 by an order of 6-12-2004. However, in a departure from the usual procedure of the petition being permitted to the second stage upon its admission, by the order of 6-12-2004 the petition was disposed of upon its admission by giving liberty to the petitioner to recover the sum or the balance sum by instituting appropriate proceedings by treating the order as a decree.2. The company applied for recalling the order and was put on terms before the order of 6-12-2004 was recalled and the company allowed to contest the petition. The company has put in cash security of Rs. 3 lakhs with the advocates of the parties as Joint Receivers in respect thereof.3. The company did not respond to the statutory notice of 18-3-2004. The company did not initially file any affidavit opposing the order of winding up sought in these proceedings. In the af...
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