Kolkata Court July 2007 Judgments
Bathgate and Company Ltd. and ors. Vs. Reverend Hanok Ghosh and ors.
Court: Kolkata
Decided on: Jul-31-2007
Reported in: AIR2008Cal165
ORDERIndira Banerjee, J.1. In this application, the petitioners have sought orders for discharge of the respondent No. 1 as Administrator-De-Bonis-Non of the estate of Late Gertrude Violet Chippendale, hereinafter referred to as the Testatrix, cancellation of a sale deed dated 14th August, 2006 executed by the respondent No. 1, in respect of premises No. 62/11, Ballygunge Circular Road. Calcutta-700 019. hereinafter referred to as the said premises, and other consequential reliefs.2. The petitioner No. 1, a company incorporated under the Companies Act, 1956 and the petitioner No. 2, a school run by one Smt. Shalini Hingorani, are tenants at the said premises. The petitioner Nos. 1 and 2 claim to have been paying rent to the credit of the respondent No. 1. The petitioner No. 3, an indigenous church is an occupant of a portion of the said premises and has filed a suit for declaration of its right of adverse possession of the area occupied by it.3. At all material times, Premises No. 62/1...
Tag this Judgment!Sushil Mondal Vs. State of W.B. and ors.
Court: Kolkata
Decided on: Jul-31-2007
Reported in: 2008(1)CHN856
Partha Sakha Datta, J.1. By this application dated 27.09.2006, the petitioner against whom an order of maintenance was passed by the learned Judicial Magistrate, Baruipur in Case No. M-579 of 2003 (T.R. No. 38 of 2006) in the sum of Rs. 1,000/- per month for the O.P. No. 2 and Rs. 500/- for the child has challenged the said impugned judgment and order on the grounds inter alia that no marriage under the Hindu law or under the Special Marriages Act was ever solemnized between the parties to the case and signature of the petitioner was obtained in the Marriage Registration Form by force and coercion and prior to the said alleged registration of marriage a child was born to the opposite party No. 2, that the learned Magistrate committed illegality in finding the petitioner to be legally married husband of the O.P. No. 2 when, in fact, there was no solemnization of marriage and the petitioner was not the cause of child and that the learned Magistrate granted the maintenance without conside...
Tag this Judgment!Vinod Somani Vs. Calcutta Municipal Corporation and ors.
Court: Kolkata
Decided on: Jul-30-2007
Reported in: 2007(4)CHN416
1. This appeal is arising out of an order passed by the Hon'ble First Court dated 28th February, 2002 dismissing the writ petition filed by the writ petitioner/appellant herein for refund of the mutation fees which were paid by the writ petitioner/appellant herein under the provisions of Calcutta Municipal Taxation Regulations (1989) (hereinafter referred to as 'the said regulations').2. In view of the fact that the said regulations was declared as ultra vires on the Hon'ble First Court and subsequently the order of the High Court was affirmed by the Hon'ble Supreme Court reported in : AIR2005SC1879 [Calcutta Municipal Corporation and Ors. v. Shrey Mercantile (P) Ltd. and Ors.].3. In the appeal the moot question is whether the writ petitioner/appellant herein is entitled to get the benefit of the order so passed by the Hon'ble First Court declaring the said regulations as ultra vires.4. The fact as it appears before us that in August, 2002, the writ petitioner/ appellant herein filed a...
Tag this Judgment!Coal India Ltd. Vs. Bharat Explosives Ltd. and ors.
Court: Kolkata
Decided on: Jul-30-2007
Reported in: 2007(4)CHN738
1. This is an application inter alia for stay of operation of the order passed by the Hon'ble First Court dated January 25, 2007 whereby the Hon'ble First Court directed to continue with the interim order granted by the Hon'ble Court.2. It appears that the interim order was granted by the Hon'ble First Court at the time of moving of the application in the suit by the petitioner when the Hon'ble First Court directed to maintain the status quo in the matter of invocation of bank guarantee.3. The facts of the case briefly are as follows:The respondent/plaintiff filed a suit against the appellant/petitioner inter alia praying for a mandatory injunction directing the defendant Nos. 1 and 2 to make payment of the bulk loading explosives supplied by the respondent/plaintiff to the defendant Nos. 1 and 2 between 1st March, 2006 to 30th June, 2006 at the rates and terms and conditions contained in the running contract No. CIL/ C2D/Section II/Bulk Loading Explosives/2006-07/441 dated 2nd May, 20...
Tag this Judgment!Satya Ranjan Das Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-30-2007
Reported in: (2007)3CALLT531(HC),2007(4)CHN717
Biswanath Somadder, J.1. Heard the learned Advocate appearing on behalf of the parties.2. The instant writ application, as well as several hundred other writ applications have been filed before this Court, primarily seeking order for giving mandatory directions upon the concerned State-respondents to release payment of interest on account of delayed release of payment of retiral dues. The common thread in the several hundred writ petitions filed before this Court, which links them with the instant writ petition, is in respect of non-payment of interest, on delayed release of payment of their retiral dues in the form of gratuity. The admitted position being, retiral dues having been already released and payments already made by the State-respondents to the writ petitioners.3. In the instant writ petition, a writ inter alia in the nature of mandamus has been sought for, directing the respondents to disburse the interest amount towards gratuity amount, from the date of retirement of the p...
Tag this Judgment!F.C.i. and anr. Vs. Assistant Labour Commissioner (Central) and ors.
Court: Kolkata
Decided on: Jul-30-2007
Reported in: 2007(4)CHN191,(2008)ILLJ1107Cal
Pranab Kumar Chattopadhyay, J.1. All these appeals were heard analogously as the facts are similar and the issues involved are also identical. The judgment under appeal has, in fact, been passed by the learned Single Judge in W.P. No. 5354 (W) of 2005 whereby and whereunder the learned Single Judge was pleased to dismiss the writ petition and the appeal preferred from the said judgment under appeal dated March 2, 2007 has been numbered as M.A.T. No. 812 of 2007.2. Following the aforesaid judgment under appeal dated March 2, 2007 passed by the learned Single Judge in W. P. No. 5354 (W) of 2005 various other writ petitions filed on identical grounds under similar facts were also disposed of by the said learned Single Judge wherefrom several appeals have also been preferred out of which these appeals were listed before this Bench and heard analogously. Now, we dispose of all these appeals by this common judgment.3. The writ petition bearing W.P. No. 5354 (W) of 2005 was filed challenging ...
Tag this Judgment!Union of India (Uoi) and ors. Vs. Sri Sankar Prosad Ghosh and anr.
Court: Kolkata
Decided on: Jul-30-2007
Reported in: [2008(118)FLR207]
Kalyan Jyoti Sengupta and Manik Mohan Sarkar, JJ.1. This application is against the judgment and order of the learned Tribunal dated 22nd March, 2005, whereby and whereunder the application of the respondent' employee has been allowed, setting aside the order of dismissal from services.2. The facts leading to filing of this case is as follows:3. On of about 21st August, 1986, the respondent-employee, then Assistant Goods Clerk had been in the employment of Eastern Railway, then posted at Farakka N.T.F.C. siding, was charge-sheeted on various imputation of misconduct,4. We find as many as four different imputation of misconduct which include permanent and temporary misappropriation of fund and further not properly accounting for the demurrage charges and not showing in the balance sheet accrual of such demurrage charges and manipulation etc.5. The delinquent employee replied to the said charges. Thereafter, enquiry followed by appointing enquiry officer. There is no dispute that the emp...
Tag this Judgment!Sanjib Nath Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-27-2007
Reported in: 2007(4)CHN1018
Girish Chandra Gupta, J.1. Sanjib Nath together with his father Joydev Nath since deceased and his mother Shrimati Mina Nath, pursuant to a written complaint dated 2nd September, 2002 lodged by Shri Debasish Sarkar which formed the basis of a formal FIR were charged for inflicting physical and mental torture upon Shrimati Sampa Nath under Section 498A/34 of the Indian Penal Code and for committing murder of the said Shrimati Sampa Nath by setting her on fire after pouring kerosene oil on her body under Section 302/34 of the Indian Penal Code. During the pendency of the trial the accused Joydev Nath, father-in-law of the victim died. Shrimati Mina Nath, mother-in-law of the victim Shrimati Sampa Nath and the husband of the victim were acquitted of the charges under Section 498A read with Section 34 of the Indian Penal Code. Shrimati Mina Nath was also acquitted of the charge under Section 302/34 of the Indian Penal Code. Shri Sanjib Nath was however found guilty for the offence punishab...
Tag this Judgment!Tunu Mondal Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-27-2007
Reported in: 2008(1)CHN335
Girish Chandra Gupta, J.1. The accused Tunu Mondal, son of Lakshi Mondal was charged under Section 302 of the Indian Penal Code for intentionally committing murder of his wife Shrirnati Sima Devi by inflicting injury with a spade and a crowbar on 28th July, 1992 at about 23.00 hours. The learned Trial Judge found the charge to have been duly proved beyond reasonable doubt. He sentenced, the accused to undergo life imprisonment as also to pay a fine of Rs. 2,000/- and in default to suffer further rigorous imprisonment of one month, by his judgment and order dated 15th December, 1999. The convict has now come up in appeal.2. The accused, the records reveal, was brought under arrest on 30th July, 1992. He was granted bail by an order dated 4th November, 1992. Actual release order was issued on 9th November, 1992. Bail, granted earlier, was cancelled by an order dated 12th January, 1998 at the prayer of the sureties and the accused was taken into custody. The case was thereafter tried. The...
Tag this Judgment!isha Ali @ Sk. Khoka and anr. Vs. Mehernagar Bewa and ors.
Court: Kolkata
Decided on: Jul-27-2007
Reported in: 2008(1)CHN170
Kalidas Mukherjee, J.1. This revisional application has been preferred under Sections 397,401 and 482 Cr. PC against the order dated 18.2.2005 passed by learned Sessions Judge, in Criminal Revision No. 14 of 2004 allowing the revisional application and setting aside the order dated 14.11.2003 passed by learned Executive Magistrate, Chanchal, Malda in Case No. 76M/87 under Section 145 Cr. PC directing the return of the deposited money to the petitioner.2. The case of the petitioner in short, is that the proceeding under Section 145 Cr. PC being No. 76M of 1987 was initiated vide G. D. entry No. 137 dated 5.6.87 of Ratua P.S. The Officer-in-Charge of Ratua P.S. stated in the report that the 1st party (1) Sk. Khoka and (2) Sk. Moktar were enjoying the case land unauthorizedly and illegally. The second party (1) Kaisul Haque and (2) Abu Bakkar along with others were trying to take over possession of said land demanding the property as enemy property. The JLRO, Ratua-II reported that 1st pa...
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