Kolkata Court June 2007 Judgments
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Tapan Kumar Bairagya and ors. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-15-2007
Reported in: (2007)3CALLT358(HC)
Jayanta Kumar Biswas, J.1. This writ petition dated December 22nd, 2006 has been taken out by three persons. They alleged that though in terms of order of this Court dated July 14th, 1997 made in CO No. 15058(W) of 1993 (Nemai Chandra Pan and Ors. v. State of West Bengal and Ors.), they were entitled to participate in the selection process initiated by the authorities of Nadanghat Rampuria High School, Burdwan, the authorities of the institute and the School Service Commission did not permit them to participate in the selection process initiated for appointing members of the teaching staff in the institute.2. The order dated July 14th, 1997 made in the petitioners' previous writ petition is set out below:Petitioners at certain point of time during 7th November, 1983 to May 1986 had rendered service' in the school as Assistant Teachers. Petitioners' claim is that when the school concerned appointed four teachers, they were not absorbed. Appointment in all the schools under the State is ...
State of West Bengal and ors. Vs. Gopal Krishna Das Adhikary and anr.
Court: Kolkata
Decided on: Jun-14-2007
Reported in: 2007(3)CHN708
S.S. Nijjar, C.J.1. This appeal has been filed against the order of the learned Single Judge in W. P. No. 14946(W) of 2005 (Gopal Krishna Das Adhikary v. State of West Bengal and Ors.) decided on 5th June, 2000.2. We may briefly notice the facts leading to the filing of this appeal. Acquisition proceedings were initiated for acquiring the land of the petitioners under Section 27 of the West Bengal Industrial Infrastructure Development Corporation Act, 1974 (hereinafter referred to as the 'Act'). The acquisition was for the benefit of Haldia Development Authority, the 5th respondent in the writ petition. The Collector after following due procedure made the Award on 10th April, 1997. Possession of the land was taken by the respondents on 8th May, 1998. It is not disputed that the Collector has paid the amount of compensation to the petitioner in two instalments on May 23, 2005 and July 6, 2005. In all a sum of Rs. 3,22,041/- was paid to the petitioner. This amount, however, did not inclu...
Sanjit Chakraborty Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-12-2007
Reported in: AIR2007Cal252
S.S. Nijjar, C.J.1. This Letters Patent Appeal has been filed against the judgment of the learned single Judge dated 24-12-2003 in Writ Petition No. 18082 (W) of 2003. The appellant is holder of a permanent stage carriage permit on the route Sonachandi Tea Estate of Siliguri-via-Kharibari, which was valid till 11th March, 2007. Respondent No. 2, State Transport Authority, West Bengal (hereinafter referred to as STA) had issued numerous permits covering two regions i.e. Jalpaiguri and Darjeeling. The petitioner challenged the issuance of such permits on the ground that the STA had no jurisdiction to issue such stage carriage permits on the routes (local services) covering the regions of Jalpaiguri and Darjeeling. The action of the State Transport Authority was stated to be in contravention to various provisions of the Motor Vehicles Act, 1988. Particular reference was made to Section 68(3)(b) and Section 69 of the Act. The petitioner objected to grant of such permits by making a represe...
State of West Bengal and ors. Vs. Nilima Nag
Court: Kolkata
Decided on: Jun-12-2007
Reported in: 2007(4)CHN218
S.S. Nijjar, C.J.1. This appeal has been filed by the State of West Bengal challenging the order dated 11.02.2004 as well as the subsequent order dated 04.02.2005 passed by the learned Single Judge in W.P. No. 1773(W) of 2004 with C.A.N. No. 1947 of 2004 respectively.2. We may notice briefly the facts. The writ petitioner/respondent (hereinafter referred to as 'applicant') filed writ petition No. 19638(W) of 2003 in which it was claimed that the petitioner had applied before the Regional Transport Authority (hereinafter referred to as 'RTA'), 24-Parganas (South), for grant of a permanent stage carriage permit on 26th September, 2002 and, subsequently, the aforesaid application was considered by the RTA on 01.11.2002 but the result has not been communicated to the petitioner. When the writ petition came up for hearing, it was not disputed by the learned Advocate for the State that the result of the application had not been communicated to the petitioner. The writ petition was therefore ...
Naushad Ahmed Vs. Nirmala Agarwal and ors.
Court: Kolkata
Decided on: Jun-12-2007
Reported in: 2008(1)CHN388
Pranab Kumar Chattopadhyay, J.1. This application has been filed in connection with the appeal preferred from the order dated 24th August, 2007 whereby and whereunder the learned Single Judge finally disposed of the writ petition filed by the respondent No. 1 herein along with two other applications filed in connection with the said writ petition.2. Admittedly, the appellant herein was not impleaded as a party to the writ petition although the said appellant was dispossessed by the Special Officer pursuant to the interim order passed by the learned Single Judge before finally deciding the said writ petition.3. From the order under appeal we find that the learned Single Judge finally disposed of the writ petition without deciding anything and kept all the points open. The application filed on behalf of the appellant herein for being added as a party respondent to the said writ petition and also for discharging the Special Officer upon handing over the possession of the flat in question ...
Uttara Ghanti and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: Jun-11-2007
Reported in: 2007(4)CHN459
P.N. Sinha, J.1. This appeal has been preferred by the appellants challenging the judgment of conviction dated 13.7.2005 and order of sentence dated 14.7.2005 passed by the learned Assistant Sessions Judge, Arambagh in Sessions Trial No. 153 of 1996. The learned Assistant Sessions Judge convicted the husband Prasanta Ghanti and other in-laws under Section 498A/34 of the Indian Penal Code and sentenced them to suffer R.I. for two years each and to pay fine of Rs. 500/- each in default to suffer simple imprisonment for a further period of six months each and also conviction under Section 328/34 of Indian Penal Code and sentencing them to pay a fine of Rs. 1,000/- each in default to suffer S.I. for one year each.2. Mr. Kallol Mondal, the learned Advocate for the appellants submits that after the order of conviction and sentence there was amicable settlement between the husband and wife and in view of such settlement the wife Purnima Ghanti is now residing in her husband's house. As the ma...
Sibnath Koley and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-08-2007
Reported in: AIR2007Cal223,2007(3)CHN192,[2007(4)JCR258(Cal)]
Pranab Kumar Chattopadhyay, J.1. All the appeals have been preferred from the judgment and order dated 25th September, 2000 passed by the learned Single Judge in W.P. No. 8030 (W) of 1999 and the other similar writ petitions, which were heard analogously. The learned Single Judge by the aforesaid judgment and order dismissed all the writ petitions.2. All the appeals preferred from the aforesaid judgment and order passed by the learned Single Judge have also been heard analogously and are disposed of by this common judgment.3. The appellants/writ petitioners are the librarians of Rural/Area/Primary Unit Libraries duly sponsored/aided by the Government of West Bengal. They possess the higher qualification i.e. graduate with the recognised diploma in Library Science. The appellants/writ petitioners moved the application under Article 226 of the Constitution of India before the Hon'ble High Court claiming the benefit of higher revised scale of pay of Rs. 1,3,90-2,970/- appropriate to their...
Joydeb Das Vs. Ram Gopal Manna and ors.
Court: Kolkata
Decided on: Jun-08-2007
Reported in: (2007)3CALLT218(HC),2007(3)CHN551
S.P. Talukdar, J.1. This application under Article 227 of the Constitution is directed against the order 15th of January, 2006 passed by the learned Civil Judge, Junior Division, 3rd Court, Tamluk, Purba Medienipur in Misc. Case No. 2 of 2004. Grievance of the petitioner may be stated as follows.2. The opposite party/plaintiff, Ram Gopal Manna filed application under Section 204 of the West Bengal Panchayat Act, 1973 against the petitioner/ defendant praying inter alia for a declaration that the election No. VIII, Kalaynpur Constituency of Kalyanpur Gram Panchayat is null and void. Plaintiff sought for cancellation of the membership of opposite party No. 1 and further for permanent injunction restraining the opposite party No. 1 from claiming himself to be an elected member of the Panchayat.3. Such application was registered as Misc. No. 2 of 2004. The present petitioner contested the said misc. case filing written statement thereby denying inter alia all material allegations made in t...
Telecommunication Consultation (India) Ltd. and ors. Vs. the State of ...
Court: Kolkata
Decided on: Jun-08-2007
Reported in: (2007)2CALLT534(HC)
Sailendra Prasad Talukdar, J.1. Petitioners by filing an application under Section 482 of the Code of Criminal Procedure sought for quashing of the proceedings in case No. C-1917/06 now pending before the learned Court of Chief Metropolitan Magistrate, Calcutta under Section 138/141 of the Negotiable Instruments Act.2. The backdrop of the present case may briefly be stated as follows:Opposite Party No. 2 as complainant filed an application under Section 138/141 of the Negotiable Instruments Act before the learned Court of CMM, Calcutta against the present petitioners and others.3. Learned CMM, Calcutta by order dated 4th of March, 2006 took cognizance and thereafter by order dated 28th March, 2006 being prima facie satisfied on perusal of the petition of the complaint, affidavit and documents directed issuance of summons for the offences under Section 138/141 of the NI Act upon all the accused persons.4. Allegations made in the said petition of complaint may briefly be stated as follow...
Raj Engcon Projects (India) Limited Vs. Sahara India Finance Corporati ...
Court: Kolkata
Decided on: Jun-08-2007
Reported in: 2007(3)CHN730,[2009]92SCL201(Cal)
Bhaskar Bhattacharya, J.1. This Letters Patent appeal is at the instance of an applicant for the Judges' Summons and is directed against order dated February 20, 2007 passed by a learned Single Judge of this Court in C.A. No. 789 of 2005 in connection with C.P. No. 484 of 2004 thereby rejecting the prayer of the appellant.2. The facts giving rise to the filing of this appeal may be epitomised thus:(a) The respondent herein filed an application for winding up of the petitioner 'company and ultimately, by an order dated July 7, 2005, P.C. Ghose, J. disposed of the said application with the following order: 'Hence, it would be proper at this stage for me to direct the company to pay to the petitioning creditor the said sum of Rs. 10,00,000/- along with interest from the date of granting such loan until the application is being filed before this Court at the rate of 10% per annum and further the interest will be calculated at the rate of 8% per annum from the date of filing of this applica...
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