Kolkata Court April 2007 Judgments
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Sisir Kumar Mondal Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-10-2007
Reported in: 2008(1)CHN970
Pratap Kumar Ray, J.1. Heard learned Advocates appearing for the parties.2. In view of the very nature of the application as we have to consider the question of law and the fact in details to dispose of the same, we are of the view that the appeal should also be taken up for hearing. Hence the appeal and the application both are being heard. The matter has been argued at length by the respective parties on different dates.3. This appeal has been preferred assailing the judgment and order dated 4th September, 2006 passed by the learned Trial Judge in W.P. No. 19502 (W) of 2006. The writ application was filed by the present appellant assailing the continuation of the departmental proceeding as well as second show-cause notice of such departmental proceeding by supplying the enquiry report thereof which, however, was dismissed by the learned Trial Judge by the aforesaid judgment under appeal. The learned Trial Judge held that there was no scope for judicial review in the matter, though in...
Pappu Singh Vs. Nripati Bhusan Hazra and anr.
Court: Kolkata
Decided on: Apr-05-2007
Reported in: (2007)2CALLT409(HC)
Arun Kumar Bhattacharya, J.1. The present revisional application under Article 227 of the Constitution of India is directed against the order dated 10.08.2006 passed by the learned Judge, 3rd Bench, Small Causes Court at Calcutta in Ejectment Suit No. 534 of 2000 dismissing the petitioner's application for amendment of his pleadings.2. The circumstances leading to the above application are that the O.P./plaintiffs instituted a suit being Ejectment Suit No. 491/98, subsequently re-numbered as Ejectment Suit No. 534/2000 on transfer to the Court of Small Causes Court at Calcutta, against the petitioner/defendant on the grounds of default, reasonable requirement etc. The written statement was amended incorporating subsequent events regarding death of the mother of plaintiff No. 1 and possession of two rooms, earlier occupied by two tenants, by the plaintiffs. The plaint was subsequently amended in 2004 incorporating certain facts. After commencement of trial and filing of affidavit eviden...
Ratanlal Gupta Vs. the State of West Bengal and anr.
Court: Kolkata
Decided on: Apr-05-2007
Reported in: (2007)3CALLT119(HC)
Pravendu Narayan Sinha, J.1. This revisional application under Section 482 of the Code of Criminal Procedure (in short the Code) has been preferred by the petitioner assailing the order dated 9.8.05 passed by the learned Judge, IXth Bench, City Civil and Sessions Court, Calcutta by transferring the Sessions Case No. 16 of 1999 [Sessions Trial No. 1(2) of 2001] to the Court of the learned Additional Sessions Judge, 8th Fast Track Court, Bichar Bhawan, Calcutta on the strength of order No. 473 dated 8.8.05 passed by the learned Chief Judge, City Civil and Sessions Court, Calcutta.2. Mr. Sekhar Basu, the learned senior counsel appearing for the petitioner submitted that in the aforesaid sessions trial charge was framed and the petitioner pleaded not guilty to the charges. Thereafter, the learned Chief Judge, City Civil and Sessions Court directed that the aforesaid sessions trial which was pending before the learned Judge, IXth Bench, City Sessions Court, Calcutta be transferred to the Co...
Saroj Kumar Jhunjhunwala Vs. the State of West Bengal and anr.
Court: Kolkata
Decided on: Apr-05-2007
Reported in: I(2008)BC324,(2007)3CALLT9(HC),2007(4)CHN311
Sadhan Kumar Gupta, J.1. This revisional application has been preferred under Section 482 of the CrPC praying for quashing of the proceeding of Case No. C/7143 of 2003, as pending in the Court of the learned Metropolitan Magistrate, Calcutta, so far as the petitioner Saroj Kumar Jhunjhunwala is concerned.2. Case of the petitioner is that on the basis of the complaint filed by the opposite party No. 2, case No. C/7143 of 2003 was started against the accused persons. It was alleged therein that M/s. Victory Casting Ltd. and its directors including the present petitioner committed an offence under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the N.I. Act). It is the specific case of the complainant that on 5/11/2003, the opposite party No. 2/company presented two Account Payee Cheques bearing Nos. 477440 and 477441 respectively, dated 26/5/2003 amounting to a sum of Rs. 4 lakhs drawn on Canara Bank, for encashment through its banker. Those cheques were issued ...
Raj Kumar Sharma Vs. Prasanta Kumar Chandra and ors.
Court: Kolkata
Decided on: Apr-05-2007
Reported in: 2007(4)ARBLR37(Cal)
Arun Kumar Bhattacharya, J.1. The present revisional application is directed against the order being No. 23 dated 25.07.2006 passed by the learned Judge, 2nd Bench, City Civil Court, Calcutta in Miscellaneous Case No. 169/2006 rejecting the petitioner's application for dismissal of the application under Section 9 of the Arbitration and Conciliation Act, 1996 due to its non-maintainability in view of the embargo imposed by Section 69 of the Partnership Act.2. The circumstances leading to the above application are that the petitioner and OP Nos. 1 and 2 formed a partnership firm in the name and style of M/s. Akash Ganga Construction by a deed dated 01.10.2003. The said firm is an unregistered one. On the application of OP Nos. 1 and 2 under Section 9 of the Arbitration and Conciliation Act, 1996, hereinafter referred to as 'the said Act', for an injunction restraining the petitioner from making any construction at Premises Nos. 22 and 22/1, Goa Bagan Street, Calcutta -700006 and from dis...
Punjab National Bank Vs. Punjab National Bank Canteen Workers' Union a ...
Court: Kolkata
Decided on: Apr-05-2007
Reported in: 2007(4)CHN666,[2007(114)FLR510],(2007)IIILLJ1040Cal
Ashim Kumar Banerjee, J.1. Punjab National Bank (hereinafter referred to as 'Bank'), as a welfare measure, extended canteen facility to its employees. They set up various canteen committees from the members of the staff. Those canteen committees were extended free accommodation within the branch for running the canteens. The Bank also extended subsidy at a stipulated rate. The canteen committees to run the canteens from time to time engaged various casual employees in their pay roll. Those casual employees later on claimed regular employment in Bank services which gave rise to present writ petition. In 1995 the canteen workers' union of the Bank, the respondent No. 1 filed a writ petition along with its members being 80 in number, inter alia, praying for writ in the nature of mandamus directing the Bank to treat them as regular, permanent employees of the Bank and extend all consequential benefits. The Bank opposed the writ petition by filing affidavit-in-opposition. They denied any re...
Madhumita Biswas Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-05-2007
Reported in: 2007(4)CHN932
Kalyan Jyoti Sengupta, J.1. I have had the benefit of going through the draft judgement prepared by my learned Brother Judge. Without any hesitation I agree with His Lordship's findings and ordering portion of this judgment. However, in order to supplement to the reasoning given by His Lordship I think I should express of my own.2. In this appeal, as rightly called out by His Lordship, the point involved is as to whether the provisions of second proviso to Section 105 of the West Bengal Panchayat Act, 1973 for calling requisition meeting by the requisitionists, upon failure of Sabhapati of a Panchayat Samiti giving 'seven clear days' notice' to the Sabhapati and all members is mandatory or directory in nature.3. His Lordship has quoted entire portion of Section 105. Thus, I need not set out again in its entirety. Only setting out of the proviso portion is good enough for my purpose:That the Sabhapati when required in writing by one-fifth of the members of the Panchayat Samiti to call a...
Anil Kumar Shaw Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-04-2007
Reported in: AIR2007Cal165,(2007)3CALLT153(HC)
Bhaskar Bhattacharya, J.1. These two mandamus-appeals were heard together as the questions involved herein are to some extent interlinked.2. A.P.O.T. No. 7 of 2007 is at the instance of a writ petitioner (hereinafter referred to as Anil) and is directed against order dated 19th December, 2006 passed by Patherya, J. thereby dismissed the writ application filed by Anil praying for cancellation of the Kerosene Oil Dealership Licence issued in favour of the respondent No. 6 (hereinafter called Madhusudhan). The other appeal being A.P.O.T. No. 36 of 2007 is at the behest of the State of West Bengal and other officials thereof and is preferred against the order dated November 30, 2006 passed by Maharaj Sinha, J. in G.A. No. 2923 of 2006 as well as an earlier order dated 14th July, 2006 passed by His Lordship disposing of a writ application filed by Madhusudhan thereby praying for direction upon the State Government to appoint him in the vacancy of the selfsame Kerosene Oil Dealership over wh...
Development Consultants Ltd. Vs. Mayank Poddar and ors.
Court: Kolkata
Decided on: Apr-04-2007
Reported in: 2007(2)CHN704
Bhaskar Bhattacharya, J.1. This appeal is at the instance of a defendant in a suit for eviction and other consequential relief and is directed against order dated June 5, 2006 passed by a learned Single Judge of this Court by which an application filed by the plaintiff/respondent under Order 12 Rule 6 of the Code of Civil Procedure was allowed and consequently, a money decree was passed on admission against the appellant to the extent of Rs. 51,13,633.23p. payable by six equal monthly instalments commencing from June 30, 2006. His lordship further made it clear that upon payment of the first instalment the plaintiff would produce necessary receipts from the municipal authority with regard to the payment of the said sum to the municipal authority as well as the earlier sum of Rs. 34.64 lakh paid by the appellant.2. The respondent filed a suit claiming eviction of the appellant on the ground that the lease earlier executed between the parties had expired by efflux of time. During the pen...
Spritex Machines and ors. Vs. Sailendra Chandra Das and ors.
Court: Kolkata
Decided on: Apr-04-2007
Reported in: 2007(3)CHN229
S.P. Talukdar, J.1. The order dated 28th April, 2006 passed by the learned Trial Court in Title Suit No. 31 of 2003 in response to an application under Order 1 Rule 10(2) of the Code of Civil Procedure is under challenge in this application under Article 227 of the Constitution.2. Mr. Madhab Prosad Banerjee and Sri Swadesh Ranjan Ghosh, as petitioners, filed an application under Order 1 Rule 10(2) read with Section 151 of the Code of Civil Procedure praying for allowing them to be added as plaintiff Nos. 4 and 5 in the suit. A written objection as against such prayer for addition was filed. Learned Trial Court after taking into consideration all relevant fact and circumstances by the impugned order allowed the said prayer. Learned Court thereafter fixed a date for filing of written statement.3. Learned Counsel for the petitioners while assailing the said order submitted that having regard to the fact that the suit is one for specific performance of contract and injunction, there could ...
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