Kolkata Court July 2007 Judgments
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Swaika Vanaspati Products Ltd. and anr. Vs. State of W.B. and ors.
Court: Kolkata
Decided on: Jul-09-2007
Reported in: 2007(4)CHN566,[2008(117)FLR166]
Jayanta Kumar Biswas, J.1. The petitioners (the second petitioner is a director of the first petitioner) in this writ petition dated August 20th, 1991 are questioning the order of the second respondent (The Second Industrial Tribunal, West Bengal) dated March 26th, 1991 rejecting two applications dated August 19th, 1989--one of the first petitioner and the other of one M/s. Swaika Oil Mills (a Hindu Undivided Family)--both filed for setting aside the ex parte award pronounced by the Tribunal on June 12th, 1989.2. M/s. Swaika Oil Mills was not a party in the writ petition. It took out an application dated July 13th, 2006 for its addition in the case as a respondent. It has filed a supplementary affidavit stating that it has no intention of questioning the award, if it is added in the case as a respondent. That application is pending. I think on the facts I am going to narrate presently it will be appropriate to add Swaika Oil Mills as a respondent in the writ petition. Hence I dispose o...
Naren Kora Vs. Coal India Ltd. and ors.
Court: Kolkata
Decided on: Jul-09-2007
Reported in: 2007(4)CHN1084,[2008(116)FLR147]
Biswanath Somadder, J.1. Heard the learned Advocates appearing on behalf of the parties.2. The present writ petition is primarily directed against the respondents Eastern Coalfields Limited seeking direction from the Court to allow him to join service along with all consequential benefits with retrospective effect. The case of the writ petitioner, in short, is that he was an employee of Khandra Colliery (N. K. J. Unit) under the Eastern Coalfields Limited. The petitioner in paragraph 4 of the writ petition stated that having fallen sick on August 4, 1980 he went to his native village and after recovery from his illness came back to the Colliery for attending his duty on August 11,1980 and noticed that one Sri Budhu Kole, son of Late Kali Kole, being the private respondent herein, was working in place and stead of the writ petitioner by declaring himself as Naren Kora, which happens to be the writ petitioner's name.3. The matter of controversy was with regard to the actual identity of t...
Indian Craft Village Trust and anr. Vs. Calcutta Municipal Corporation ...
Court: Kolkata
Decided on: Jul-09-2007
Reported in: 2007(4)CHN327
Jyotirmay Bhattacharya, J.1. To save the Trust Property, a Public Charitable Trust has come before this Court with an application under Article 226 of the Constitution of India by challenging the illegal termination of the lease by the Kolkata Municipal Corporation (hereinafter referred to as KMC) and its demand for possession of the petitioners' leasehold property from the petitioners.2. Admittedly by a registered lease-deed dated 31st May, 1994, KMC demised 19.6 acres of land at J.B.S. Haldane Sarani to the petitioner No. 1 being a Public Charitable Trust (hereinafter referred to as the Trust) for a period of 30 years for setting up a craft village in the said premises, on the terms and conditions as contained in the said deed.3. The physical possession of the said premises was handed over by KMC to the said Trust on 28th September, 1997. Subsequently by another Supplementary Indenture dated 9th July, 1999 executed between the KMC and the Trust, it was clarified that an area of 18.11...
Soma Mazumdar (Nee Nag) Vs. Sanjay Mazumdar
Court: Kolkata
Decided on: Jul-09-2007
Reported in: 2008(2)CHN968
Jyotirmay Bhattacharya, J.1. This application under Article 227 of the Constitution of India is directed against an order being Order No. 43 dated 2nd March, 2007 passed by the learned Additional District Judge, 7th Court at Alipore in Misc. Case No. 32 of 2005 at the instance of the plaintiff/petitioner.2. The plaintiff/petitioner filed a suit for divorce against the defendant/opposite party on the ground of cruelty. In connection with the said suit, the plaintiff/petitioner filed an application under Section 26 of the Hindu Marriage Act for an order for interim custody of the female child who is aged about four years.3. Admittedly, twin babies were born on 19th May, 2003. It is also an admitted fact that the male baby is in the custody of the mother and the female baby is in the custody of the father.4. By the impugned order, the learned Trial Judge rejected the petitioner's application for interim custody of the female child by holding that since no specific allegation has been made...
Magma Leasing Ltd. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-06-2007
Reported in: III(2008)BC437,2007(3)CHN574
P.N. Sinha, J.1. This revisional application has been preferred by the petitioner assailing the judgment and order dated 22.2.2006 passed by the learned Chief Judge, City Sessions Court, Calcutta in Criminal Revision No. 116/05 thereby setting aside the order dated 11.4.05 passed by the learned Metropolitan Magistrate, 8th Court, Calcutta in case No. C/282/97. The learned Magistrate by the impugned order dated 11.4.2005 allowed the complainant to give evidence on affidavit under Section 145 of the Negotiable Instruments Act (in short the NI Act). The accused raised objection stating that Section 145 of the NI Act came into force with effect from 6.2.2003 and, this provision cannot be applied in the said case as it was a case of 1997. However, the learned Magistrate rejected the contention of the accused, and being aggrieved, the accused preferred a revision before the Session Court and the learned Chief Judge, City Sessions Court, Calcutta in the aforesaid criminal revision set aside t...
Shree Shree Iswar Satyanarayanan and ors. Vs. Amstar Investment Pvt. L ...
Court: Kolkata
Decided on: Jul-06-2007
Reported in: 2008(2)ARBLR36(Cal),2008(1)CHN427
Sanjib Banerjee, J.1. The respondent has taken a preliminary point that these proceedings are not maintainable in this Court. According to the respondent, the claim of the petitioner in the arbitration proceedings is in respect immovable properties in Howrall and none of the immovable properties, or any part thereof, is within the original jurisdiction of this Court.2. The petitioner has set out the particulars of the three immovable properties in the opening paragraph of A.P. No. 343 of 2003. The three properties are at premises No. 23, 23/1 and 24, J.N. Mukherjee Road, P.C.-Salkia, District-Howrah. Salkia, without doubt, is across the river and it is till the eastern levee of the river Hooghly that the original jurisdiction of this Court runs.3. At paragraphs 2 and 3 in A.P. No. 343 of 2003 the petitioner has averred as follows:2. It was agreed by and between the parties that the lessee being the respondent above named, shall pay rent punctually and in the event rent is not paid for ...
Nathuni Shaw Vs. Union of India (Uoi) and anr.
Court: Kolkata
Decided on: Jul-06-2007
Reported in: 2008(3)ARBLR334(Cal)
Sanjib Banerjee, J.1. The grievance of the petitioner is restricted to one point, in course of hearing. The petitioner obtained a refund of the earnest money deposited pursuant to its agreement with the respondent to purchase certain scrap. The petitioner insists that upon the arbitrator holding that the petitioner was entitled to refund of the earnest deposit, interest for the period for such earnest deposit so withheld by the respondent-Railways should have also been awarded.2. The petitioner made a much larger claim in the reference. The petitioner alleged that he had suffered damage to the extent of Rs. 10,00,000 and also claimed, in the alternative, a direction for delivery of the goods purchased without the Railways being entitled to claim any interest. The arbitrator found that the claim on account of loss and damages was unmeritorious. The arbitrator held that there was a substantial period of time after the earnest money had been deposited that the claimant had been inactive. ...
In Re: Areva T and D India Limited
Court: Kolkata
Decided on: Jul-05-2007
Reported in: 2007(4)CHN678,[2007]137CompCas834(Cal),(2008)2CompLJ32(Cal),[2008]81SCL140(Cal)
Sanjib Banerjee, J.1. Two issues of some importance arise in this the proposed transferee company's petition for sanction of a scheme of amalgamation. The registered offices of the transferor companies are situated in other states and the proposed transferor companies have applied for approval of the scheme from the appropriate High Courts.2. The first issue is as to whether the authorised capital of a transferor company merges into the authorised capital of the transferee company upon the scheme being sanctioned and implemented, along with the rights relating thereto. There are two aspects to such matter: the first, whether following a scheme of amalgamation or complete merger the authorised capital of the transferor company gets added on to the authorised capital of the transferee company so that the post-amalgamation authorised capital of the transferee company swells by the amount of the authorised capital of the transferor company; secondly, whether following such increase of the ...
Oriental Insurance Co. Ltd. Vs. Renu Rampuria and ors.
Court: Kolkata
Decided on: Jul-05-2007
Reported in: 2008ACJ2134
Alok Kumar Basu, J.1. One Renu Rampuria for self and on behalf of her son and daughter filed claim application being registered as M.A.C.C. No. 50 of 2003 over death of her husband in an accident taken place on 27.9.2002 at 12.45 p.m. involving a minibus bearing registration No. WB 11 -3481. In her claim petition Renu Rampuria has alleged that her husband was knocked down by the offending vehicle driven in a rash and negligent manner in front of premises No. 210, Mahatma Gandhi Road. Claimant lodged a claim for Rs. 27,05,000 to compensate the pecuniary loss caused by the sudden death of the victim who was aged 42 years at the time of accident and who was earning Rs. 14,000 to Rs. 15,000 per month from his business.2. The claim application finally came up for consideration before the learned Judge of Ninth Bench of the City Civil Court where Oriental Insurance Co. Ltd. contested the claim application.3. The learned Judge, on examination of the claim application along with written object...
Life Insurance Corporation of India Ltd. Vs. Presiding Officer, Centra ...
Court: Kolkata
Decided on: Jul-04-2007
Reported in: 2007(3)CHN558,[2007(114)FLR1001],(2008)ILLJ559Cal
Ashim Kumar Banerjee, J.1. Respondent No. 4 was an employee of Life Insurance Corporation of India Ltd. (hereinafter referred to as 'LIC'), the appellant abovenamed. He was working at material times at Burdwan Branch Office of the appellant. He was chargesheeted on the ground of embezzlement of fund. Specific charge against the said respondent was that he credited accounts of various policy holders for a long time whereas those policy holders did not in fact pay the premiums for the quarters for which their accounts were credited. He replied to the chargesheet by taking a plea that because of pressure of work there had been wrong entries recorded in the books of accounts. In fact he did not make any illegal gain out of such wrong entries. Relevant extract of his reply is quoted below:Irregularities as pointed out in your letter under reply were not deliberately done by me.And.It may be, that due to pressure from my then Sr. Branch Manager for maximum amount of deposit adjustments coupl...
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