Kolkata Court August 2007 Judgments
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Union of India (Uoi) and ors. Vs. Chhanda Mondal
Court: Kolkata
Decided on: Aug-02-2007
Reported in: 2008(1)CHN1093
1. By this application the Union of India (Railway Authorities) have challenged the impugned judgment and order dated 25.2.2005 whereby and whereunder the learned Tribunal held that the respondent (applicant before the learned Tribunal) is entitled to get widow pension.2. Admitted fact is that the husband of the respondent (applicant before the learned Tribunal) was not formally absorbed in the permanent post though all the process for his absorption was taken and before he was medically examined on 20th August, 1986 for absorption against regular vacancy. He was found fit in his category by the Assistant Divisional Medical Officer, Malda, Eastern Railway. He was to appear for a screening test for absorption on 19th August, 1991. However, he failed to appear in the test and as such he was not absorbed. The respondent (applicant before the learned Tribunal) got compassionate appointment. The learned Tribunal relying on Supreme Court judgment and also the relevant rules held that the res...
Kanai Banerjee Vs. Hasmukh D. Parekh
Court: Kolkata
Decided on: Aug-01-2007
Reported in: AIR2007Cal290
ORDERSanjib Banerjee, J.1. The petitioner has invoked Article 227 of the Constitution of India to assail an order of May 4, 2007 passed in Title Suit No. 43 of 2003. By such order, the learned Civil Judge (Senior Division), 4th Court at Alipore declined the petitioner's request for not accepting the principal document on which the respondent's suit was based, in evidence, upon putting the respondent on terms.2. The learned Court below ascertained the stamp duty that was payable on the document and required the respondent to put in five times the value thereof by way of penalty as condition precedent for the document to be received in evidence. The revisional petitioner submits that in view of the provisions of the Stamp Act, 1899, the document could not have been received in evidence upon it being stamped and should have been sent down to the collector for adjudication of stamp duty and penalty.3. The petitioner assails the adjudication of stamp duty by the learned Court below and the ...
Minara Begum and ors. Vs. National Insurance Company Limited and anr.
Court: Kolkata
Decided on: Aug-01-2007
Reported in: 2008(2)CHN820
Tapan Kumar Dutt, J.1. Heard the learned Advocates for the respective parties. The facts of the case very briefly are as follows:The appellants filed an application for compensation under Section 166 of the Motor Vehicles Act, 1988 being M.A.C. No. 50 of 2004 in the Court of the learned Motor Accidents Claims Tribunal concerned at Howrah. A sum of Rs. 14,40,000/- plus interest was claimed as compensation in the said application. The allegation in the said application was that on 16.12.2003 the victim was returning from Amtala along Diamond Harbour Road by riding his motorbike and at about 10.10 p.m. the offending truck bearing Registration No. WBQ-5776, coming from the opposite direction, dashed the motorbike of the victim, who is the husband of the appellant No. 1, father of the appellant Nos. 1A, B and C and son of the appellant No. 2, and the victim died owing to the said accident. It was alleged in the said application that the victim was 35 years of age, the victim was a businessm...
Amit Bar and ors. Vs. National Insurance Co. Ltd.
Court: Kolkata
Decided on: Aug-01-2007
Reported in: 2009ACJ486
Alok Kumar Basu, J.1. The learned Judge of Third Court, Motor Accidents Claims Tribunal, Midnapore (West), while disposing of M.A.C. Case No. 115 of 2003 of his file brought by Amit Bar against National Insurance Co. Ltd. by his order dated 26.7.2004 determined a compensation amount of Rs. 52,000 in favour of the claimants and directed National Insurance Co. Ltd. to pay the compensation amount.2. Amit Bar and another being dissatisfied with the quantum of compensation amount determined by the learned Tribunal in their favour preferred F.M.A.T. No. 2829 of 2004, while National Insurance Co. Ltd. being aggrieved by and dissatisfied with the order of the Tribunal directing it to pay the compensation amount preferred F.M.A.T. No. 3086 of 2004.3. By an order dated 13.11.2006 recorded in the file of F.M.A.T. No. 2829 of 2004, a Division Bench of this Court was of the view that when F.M.A.T. Nos. 2829 and 3086 of 2004 arose out of a common order of the Tribunal, both the appeals should be hea...
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