Kolkata Court June 2007 Judgments
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Mobesher HossaIn Mondal and ors. Vs. Sekhar Chatterjee and ors.
Court: Kolkata
Decided on: Jun-26-2007
Reported in: AIR2008Cal31
1. This instant appeal has been preferred against a common judgment and order dated 26th September, 2005 passed by the Hon'ble First Court dismissing the writ petition filed by the appellant being W.P. No. 18196(W) of 2005 and allowing the writ petition being W.P. No. 15787 (W) of 2005.2. The facts of those writ petitions briefly are as follows:The present appellant filed the writ petition challenging the resolution dated 7th July, 2005 in connection with an application filed by the private respondent No. 4 in Form No. 1 along with the prescribed fees. In connection to the said application the Authority issued an offer letter. The win petitioner/appellant herein challenged the validity of the said other offer letter issued by the Chairman, Regional Transport Authority, Burdwan vide Memo No. 5038(131)/MV, dated 25th July, 2005.3. In the other writ petition the private respondent No. 4 and the writ petitioner/appellant herein in respect of W.P. No. 15787 (W) of 2005 challenged the gross ...
Bengal Services Society (School) and anr. Vs. Regional Provident Fund ...
Court: Kolkata
Decided on: Jun-26-2007
Reported in: 2008(1)CHN614,[2008(117)FLR951]
1. This appeal is against an order passed by the Hon'ble First Court on 4th October, 2005 whereby His Lordship was pleased to direct the petitioner to make payment of the dues as assessed by the Provident Fund Authority. However, liberty was given to the petitioner to approach the authority with a scheme for repayment of the said dues.2. Further, the petitioner was allowed to make over the property to the Provident Fund Authority so that the property can be sold to liquidate the dues and the Provident Fund Authority was directed not to initiate any penal proceedings for a period of four weeks after the long puja vacation so that the petitioner can approach the authority with a particular Scheme for payments.3. The facts of the case briefly are as follows4. The Provident Fund Authority issued a Notice of Demand on the writ petitioners claiming a sum of Rs. 21,44,300/- on account of provident fund dues and a certificate case was initiated against the writ petitioner.5. According to the w...
Sunil Kumar Ghosh Vs. Sukumar Chattopadhyay
Court: Kolkata
Decided on: Jun-26-2007
Reported in: 2008(1)CHN832
1. By this application, order of the learned Tribunal dated 18th May, 2007 has been challenged. The learned Tribunal passed the impugned order on T.A. No. 5905 of 2006.2. Undisputed facts of this case are as follows:The applicant before us being aggrieved with an order passed by the learned Civil Judge (Junior Division), 4th Court, Sealdah, filed an application under Article 227 of the Constitution. The order was passed by the learned Civil Judge in a proceeding under Section 8 of the West Bengal Land Reforms Act, 1955. This application under Article 227 was registered as CO. No. 2865 of2006.3. It is, thus, clear that the application under Article 227 was instituted after formation of the West Bengal Land Reforms and Tenancy Tribunal. The learned Single Judge of this Court has been pleased to pass the order of transfer. On receipt of this application being transferred by the judicial order, the impugned order has been passed.4. We are of the view that filing of the application under Ar...
Smt. Jaishree Bajoria (Nee Jalan) Vs. Hindustan Fertiliser Corporation ...
Court: Kolkata
Decided on: Jun-25-2007
Reported in: (2008)1CALLT211(HC)
Jayanta Kumar Biswas, J.1. The petitioner in this writ petition dated July 21st, 2006 is seeking a writ of certiorari quashing the decision of the first respondent to transfer, assign and hand over possession of flat No. 13 (with garage and servant's quarters) at 8, Ho Chi Minh Sarani (first floor), Kolkata - 700 071 to the second respondent (Brahmaputra Valley Fertilizer Corporation Ltd.). She is also seeking a writ of mandamus commanding the respondents to cancel that decision of the first respondent. A writ of prohibition has also been sought.2. The first respondent was inducted in the property (the parties have not said when it was inducted) as a tenant governed by the provisions of the West Bengal Premises Tenancy Act, 1956 (since repealed by the West Bengal Premises Tenancy Act, 1997). In 1992 it became a sick company within the meaning of the Sick Industrial Companies (Special Provisions) Act, 1985. The BIFR was of the opinion that it should be wound up. In appeal the AAIFR set ...
Santosh Kumar Mondal Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Jun-22-2007
Reported in: [2007(114)FLR894],(2007)ILLJ119Cal
Prasenjit Mandal, J.1. This writ application is directed against the order dated June 29, 2001 passed by the Hon'ble Mr. Justice S. Narayan, Vice-Chairman and Hon'ble Mr. L.R.K. Prasad, Member (Administration), Central Administrative Tribunal, Additional Bench, Calcutta in O.A. No. 1091 of 1993 whereby and whereunder the application filed by the writ applicant had been dismissed.2. The fact of the case in brief is that the writ applicant was appointed as lineman with external maintenance, 46 Exchange, Calcutta Telephones on April 1, 1971. He was charge-sheeted on November 19, 1971 for committing gross misconduct by demanding a sum of Rs. 250/- only as an illegal gratification from Sri H.N. Ghosal for speedy installation of a telephone at his garden house at Dakshin Jagaddal, Rajpur, District South 24 Parganas. The writ applicant denied the charge. The enquiry officer submitted his report on January 6, 1979. Then the Disciplinary Authority passed the order of dismissal from service by h...
Trinath Sethi No. 3 Vs. Coal India Ltd. and ors.
Court: Kolkata
Decided on: Jun-22-2007
Reported in: (2007)3CALLT493(HC)
Pratap Kumar Ray, J 1. Heard learned Counsel appearing for the parties.This writ petition has been referred to us for considering the point of maintainability of the writ petition by administrative order of the Hon'ble the Chief Justice of the High Court, Calcutta, in view of reference of the matter for constitution of a larger Bench to decide the issue as reflected in the Judgment delivered on 12.4.2007 by Tapen Sen, J. in W.P. No. 2458 of 2003. The matter was referred to for constitution of a larger Bench to answer the maintainability issue of the writ petition by His Lordship Tapen Sen for the reason that with reference to the earlier writ petition by the present petitioner assailing the initiation of a departmental proceeding registered as W.P. No. 1708 of 1998, Barin Ghosh, J. as His Lordship then was, by the Judgment and order dated 7.3.2003 passed the decision that writ petition was not maintainable as the cause of action arose namely, issuance of the charge sheet of the departm...
Saha and Gupta Enterprise Vs. Indian Oil Corporation Ltd. and ors.
Court: Kolkata
Decided on: Jun-21-2007
Reported in: 2008(1)ARBLR102(Cal),2007(3)CHN781
Sanjib Banerjee, J.1. The petitioner was appointed a handling contractor by the first respondent. The relevant agreement contained an arbitration clause.2. Upon disputes having arisen, the petitioner instituted a suit in the Malda Court seeking a declaration that the first respondent's attempt to terminate the agreement was invalid and an injunction restraining the first respondent from giving any effect to the notice of termination. In such suit, the first respondent applied for rejection of the plaint on the ground that the Malda Court did not have the authority to receive such suit. Such application was based on the forum selection clause found in the agreement at Clause 20.3. Such application was dismissed by an order of February 7, 2001. The first respondent thereafter applied, inter alia, Under Section 8 of the Arbitration and Conciliation Act, 1996 for the disposal or dismissal of the Malda suit on the ground that there was an arbitration agreement between the parties and adjudi...
Himadri Chemicals Industries Ltd. Vs. Coal Tar Refining Company
Court: Kolkata
Decided on: Jun-21-2007
Reported in: AIR2008Cal10,2008(2)CHN52
ORDER1. This application is filed against an order dated 5th June, 2007 passed by the Hon'ble Single Judge vacating the interim order of status-quo granted by the Court passed on 9th April, 2007. The said order was passed at ad interim stage on the returnable date.2. The application was filed by the appellant under Section 9 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the said Act') for an order of injunction restraining the respondent from receiving any payment under the Letter of Credit dated 27th July, 2006.3. Facts of the case briefly are as follows:Under an agreement dated 29th May, 2006 respondent agreed to supply Extra Hard Pitch (hereinafter referred to as 'the said goods') to the respondent as per schedule set out in the said agreement. The terms of payment was that a Letter of Credit will be opened by the petitioner in favour of the respondent and the payment was to be made 'at sight'. Accordingly, the petitioner opened the said irrevocable Lett...
State of W.B. and ors. Vs. Raghunath Mondal and anr.
Court: Kolkata
Decided on: Jun-21-2007
Reported in: 2008(2)CHN1050
1. This mandamus appeal is at the instance of State of West Bengal and is directed against order dated 19th September, 2005 passed by a learned Single Judge of this Court by which His Lordship directed the respondent No. 5, namely, Gram Panchayat Staff Recruitment Committee, to complete the process for giving appointment to the writ petitioner on compassionate ground in the died-in-harness category within a period of eight weeks from the date of communication of that order, so that the appointment could be given to the writ petitioner without causing any further delay.2. There is no dispute that the father of the writ petitioner was an employee of the State Government. He died on 27th May, 2001. On 19th June, 2004 an application was filed for compassionate appointment of the writ petitioner on attaining majority. It further appears from record that the three-men-committee appointed by the State Government for the purpose of enquiring the financial position of the family of the deceased...
Carrit Moran and Co. Pvt. Ltd. Vs. State of W.B. and ors.
Court: Kolkata
Decided on: Jun-20-2007
Reported in: 2007(4)CHN33,[2008(116)FLR943],(2008)ILLJ19Cal
1. This is an application under Section 5 of the Limitation Act, 1963 for condonation of delay of 3 days in preferring this appeal against the order dated 3rd May, 2007 passed in W.P. No. 1565 of 2006.2. We have heard the learned Advocates for the parties. We have also examined the application under Section 5 of the Limitation Act. The delay has been sufficiently explained and the explanation given in the application is quite satisfactory and convincing.3. The learned Advocate appearing for the respondent, in his usual fairness, does not oppose such prayer for condonation of delay.4. Accordingly, we allow the application under Section 5 of the Limitation Act, being GA No. 1705 of 2007 and condone the delay as aforesaid. The certified copy of the impugned order is filed in Court today by the learned Advocate for the appellant which may be kept with the records.5. There will be an order in terms of prayer (a) of application.6. After hearing the learned Advocates for the respective partie...
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