Kolkata Court August 2007 Judgments
Seiko Steel and Wires Industries and anr. Vs. West Bengal State Electr ...
Court: Kolkata
Decided on: Aug-31-2007
Reported in: 2007(4)CHN404
Bhaskar Bhattacharya, J.1. This mandamus appeal is at the instance of unsuccessful writ petitioners and is directed against order dated July 12, 2007 passed by a learned Single Judge of this Court thereby dismissing the writ application filed by the appellants wherein they challenged the decision of the respondents dated 13th December, 2006 by which the respondents disconnected the supply of electricity to the writ petitioners on the ground of pilferage of electricity. The other consequential orders were also prayed for in the writ application.2. Being dissatisfied, the writ petitioners have come up with the present mandamus appeal.3. It appears from record that on 13th December, 2006 at about 4.20 a.m., the West Bengal State Electricity Board exercised its power under Regulation 5.2 of the West Bengal Electricity Regulatory Commission (Regulation), 2004 by disconnecting the supply of electricity of the writ petitioners on the ground of tampering the meter or meter-in-circuit/theft/mal...
Tag this Judgment!Sk. Abul Kalam and ors. Vs. Umapada Maity and ors.
Court: Kolkata
Decided on: Aug-31-2007
Reported in: (2007)3CALLT648(HC),2007(4)CHN962
Jyotirmay Bhattacharya, J.1. This application under Article 227 of the Constitution of India is directed against an order being No. 47 dated 27th September, 2006 (Later) passed by the learned Presiding Officer, Wakf Tribunal, West Bengal, in Suit No. 8 of 2004 by which the petitioners' prayer for amendment of plaint was rejected by the learned Tribunal.2. The plaintiffs/ petitioners filed a suit for declaration and injunction against the opposite parties in the learned Court of the Wakf Tribunal.3. In the said suit the plaintiffs/petitioners prayed for a declaration that various deed of conveyances executed by the defendant Nos. 10 to 18 in favour of Ram Krishna Jana, the predecessor of defendant Nos. 19 to 25 in respect of 'A' and 'B' schedule properties and the subsequent deed executed by the predecessor of the defendant Nos. 19 to 25, namely, Raj Krishna Jana dated 23rd August, 1960 in favour of the defendant Nos. 1 to 4 and the predecessors of defendant Nos. 5 to 9, namely, Narayan...
Tag this Judgment!Smt. Asoka Mitra Vs. Sri Swapan Kumar Mitra
Court: Kolkata
Decided on: Aug-31-2007
Reported in: (2007)3CALLT503(HC),I(2008)DMC388
Jyotirmay Bhattacharya, J.1. This First Appeal Is directed against the Judgment and decree dated 2nd April, 1998 passed by the learned Additional District Judge, 6th Court at Alipore, South 24-Parganas in Mat. Suit No. 38A of 1994 at the instance of the defendant/appellant (wife).The plaintiff/respondent (husband) filed a suit for divorce against the defendant/appellant (wife) on the ground of cruelty and desertion under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955.2. The case which was made out by the plaintiff/respondent (husband) in the said suit, is narrated briefly hereunder:3. The marriage between the parties was solemnised on 17th January, 1977 at 23, Lake Road, Calcutta-29 according to Hindu rites and customs. After solemnisation of marriage, the parties lived together at their matrimonial home which was a rented accommodation at Mahishyapara, P.S. Khardah, District 24-Parganas (North) along with the other members of the respondent's family, viz., his parents and ...
Tag this Judgment!income-tax Officer and ors. Vs. Kajaria Investment and Properties P. L ...
Court: Kolkata
Decided on: Aug-31-2007
Reported in: [2008]297ITR45(Cal)
Ashim Kumar Banerjee, J.1. Notice under Section 148 of the Income-tax Act, 1961, (hereinafter referred to as the 'said Act of 1961'), to the respondent/writ petitioner was called in question in the writ petition filed by them. According to the writ petitioner before issuing such notice the Revenue was obliged to satisfy themselves that there had been sufficient ground to reopen the assessment under Section 147 to the extent that there had been an escapement of income from the assessment done in regular process under Section 143. Since there was no reason to issue such notice, notice was bad in law.2. The Revenue filed an affidavit-in-opposition disclosing reason for reopening the assessment. The recording of reasons before issuing of notice under Section 148 was annexed to the affidavit-in-opposition. The writ petition thus took a different shape as at the time of hearing the respondent/assessee took the plea that the reason so disclosed by the Revenue were not sufficient to reopen the...
Tag this Judgment!State Bank of India Vs. Bakul Chandra Dey and ors.
Court: Kolkata
Decided on: Aug-31-2007
Reported in: 2008(1)CHN622
S.S. Nijjar, C.J.1. We have heard the learned Counsel for the parties.2. This appeal has been filed by the State Bank of India against the judgment of the learned Single Judge in C.R. 6162 (W) of 1979 dated 12th April, 2006.3. The petitioner had filed the writ petition challenging the validity and/or legality of the disciplinary proceedings and the order of punishment whereby he was ordered to be dismissed from service on 30th April, 1976. He had alleged that the departmental enquiry was conducted on a concocted allegation manufactured in a calculated manner by respondent No. 5, Branch Manager, to satisfy his personal vengeance. The petitioner complained that the enquiry was not conducted in accordance with the rules of natural justice and the prescribed procedure and rules of the bank. It was also stated that before the order of dismissal was passed, even a copy of the enquiry report was not supplied to him. The relevant facts which appear from the pleadings are that the petitioner wa...
Tag this Judgment!Board of Trustees for the Port of Kolkata Vs. Central Government Indus ...
Court: Kolkata
Decided on: Aug-31-2007
Reported in: 2008(1)CHN715
N. Patherya, J.1. In this writ petition the petitioner has challenged the order dated 20th February, 2007 and sought for addition of the Port Shramik Co-operative Enterprise Limited as a party in Reference No.35 of 2004.2. Petitioner's Case2.1 The case of the petitioner is that in 1996 some workers of the Port Shramik Co-operative Enterprise Ltd. (Co-operative) filed Co. No. 5950 (W) of 1996 praying for absorption by the Calcutta Port Trust. By order dated 27th November, 1998 this Court held that the said dispute should be decided by the Labour Court if a dispute is raised. Thereafter a letter was written to the Central Government to refer the dispute and the same was recorded. The said rejection was challenged in W. P. No. 2332 of 2001 and by order dated 29th July, 2004 the order of the Central Government was quashed. The Central Government was thereafter directed to refer the dispute to the proper Industrial Tribunal/Labour Court. On basis thereof by an order dated 27th August, 2004 ...
Tag this Judgment!Dinesh Burman and ors. Vs. Super Complex Pvt. Ltd.
Court: Kolkata
Decided on: Aug-31-2007
Reported in: 2008(1)CHN827
1. We have heard Mr. Jiban Ratan Chatterjee, the learned senior Counsel for the appellant-petitioners and also Mr. Aniruddha Chatterjee for the respondent-opposite party in connection with this miscellaneous appeal and the connected CAN No. 9259 of 2006.2. The present miscellaneous appeal was directed against an order rejecting the plaint of the present appellant-petitioners whereunder the learned Court below held after considering the application filed by the respondent opposite party that the plaint as filed by the appellant-petitioners was liable to be rejected in view of the Order 7 Rule 11(1)(d) of the Code of Civil Procedure since the reliefs sought for in the plaint on the alleged cause of action were barred under Section 44 of the West Bengal Premises Tenancy Act of 1997.3. The appellant-petitioners being dissatisfied with the rejection of their plaint have preferred this miscellaneous appeal and Mr. Jiban Ratan Chatterjee, the learned Senior Counsel appearing for the appellant...
Tag this Judgment!Employees' State Insurance Corporation Vs. Jaiswal Rolling Mill
Court: Kolkata
Decided on: Aug-31-2007
Reported in: [2008(116)FLR1060],(2008)IILLJ1021Cal
ORDERArunabha Basu, J.1. The application filed under Article 227 is directed against the judgment and order passed by the learned Judge of the Employees' Insurance Court, Calcutta in connection with E.S.I. Case No. 51/1995.2. The applicant Employees' State Insurance Corporation filed the application under Article 227 praying for an order to set aside the order passed by the said Court in refusing to direct recovery of interest from Opposite Party for delay in payment of E.S.I. contribution.3. The main contention of the petitioner is that the Opposite Party, Jaiswal Rolling Mill is a factory, covered under the provisions of Employees' State Insurance Act, 1948 (hereinafter called the Act) was issued notice for an amount of Rs. 43,540.00 payable as employer's contribution for the period from January 1, 1986 to June 30, 1992. In the said notice dated December 14, 1993 (Annexure B), a sum of Rs. 14,717.10 was also demanded being interest at the rate of 12% per annum for each day delay/defa...
Tag this Judgment!Rekha Mukherjee and anr. Vs. Anjana Aditya
Court: Kolkata
Decided on: Aug-31-2007
Reported in: 2008(1)CHN792
Sadhan Kumar Gupta, J.1. This Second Appeal has been preferred against the judgment dated 25.2.2005, as passed by the learned Additional District Judge, 2nd Fast Track Court, Alipore in Title Appeal No. 134 of 2004.2. Case of the appellants is that one Dr. Goutam Narayan Aditya, the husband of Smt. Anjana Aditya, the defendant/respondent, was a licensee in respect of the suit premises under the ogirinal plaintiff Gopal Mukherjee. Said Gopal Mukherjee was the absolute owner of premises No. 30A, Aryya Samity Road, PS Behala. The original defendant Dr. Goutam Narayan Aditya, being in need of accommodation, approached the said original plaintiff Gopal Mukherjee in the month of September, 1993 to occupy the suit premises as a licensee for a period of three years. The original plaintiffs/landlord agreed to such proposal and an agreement of leave and license was entered in between the parties on 1.10.1993. It was agreed that the license was granted for a period of three years on terms and con...
Tag this Judgment!Prantosh Das Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Aug-31-2007
Reported in: 2008(2)CHN351
Arunabha Basu, J.1. The petitioner has filed instant application under Section 401/482 of the Code of Criminal Procedure for quashing the Daspur P.S. Case No. 23/2007 dated 15.2.2007 corresponding to G.R. Case No. 56/2007 under Section 135(1)(a) of Electricity Act, 2003 (hereinafter called the Act.)2. The petitioner's case in short is that the petitioner is a cultivator and he used to cultivate his land by obtaining water supply from the submersible pump of one Gostha Behari Adak bearing service connection No. SK/IRI/1914, Consumer No. S-840622. The said connection was situated on Dag No. 716 but due to insufficiency of the water level, the said Gostha Behari Adak shifted the pump on Dag No. 3084 which was adjacent to Dag No. 716. The said dag belongs to one Bablu Das who is the younger brother of the petitioner and written permission was obtained from Bablu Das by Shri Gostha Behari Adak.3. Petitioner states that on 15.2.2007 Shri Prasanta Kumar Roy (Opposite Party No. 2), who is the ...
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