Kolkata Court September 2007 Judgments
Howrah Ganatantrik Nagarik Samity and ors. Vs. Union of India (Uoi) an ...
Court: Kolkata
Decided on: Sep-28-2007
Reported in: 2007(4)CHN781
Bhaskar Bhattacharya, J.1. In a pending Public Interest Litigation, filed by one Sri Subhas Dutta, for the better preservation of the Victoria Memorial Hall, Kolkata, the petitioner by filing a supplementary affidavit has drawn attention of this Court to some important aspects, which according to the writ petitioner, have not been adequately looked into by the Hall Committee in spite of the fact that in the past, this Court, from time to time, passed directions for implementation of the opinion of the committee of the experts appointed by the Court on those points.2. In the supplementary affidavit, the petitioner has broadly drawn attention of this Court to the following aspects:(A) Removal of the hawkers from the vicinity of the hall.(B) Modernisation of the gallery.(C) Environmental Management Plan.(D) Parking of vehicles, traffic signals and stopping goods vehicle.(E) Burning of dry leaves in the Victoria Memorial Hall area.(F) Shifting of administrative office.(G) Further construct...
Tag this Judgment!Kazi Manwar Faruk Vs. Manab Kumar Dutta and ors.
Court: Kolkata
Decided on: Sep-28-2007
Reported in: 2008(1)CHN377
Ashim Kumar Banerjee, J.1. On November 29, 1996 the District Inspector of School, Murshidabad granted prior permission to Patikabari High School to fill up the post of Assistant Teacher in science. The requisite qualification was B.Sc. (Pure), preferably B.Ed. The Managing Committee thereafter asked the Employment Exchange, Baharampur to sponsor the names of eligible candidates. The Employment Exchange sent 20 names including one Golam Mustafa. The appellant Kazi Manwar Faruk and the respondent No. 1, Manab Kumar Dutta moved this Hon'ble Court separately, inter alia, praying for permission to participate in the selection process as according to them they were also eligible for the said post, however, they were not sponsored by the Employment Exchange. The writ petition of the appellant was disposed of by the learned Single Judge by an order dated April 9,1997 with a direction upon the Employment Exchange to forward the name of the appellant. The school authority was, however, directed ...
Tag this Judgment!Kolkata Municipal Corporation and ors. Vs. Bengal Club Limited and anr ...
Court: Kolkata
Decided on: Sep-28-2007
Reported in: 2008(1)CHN639
Kalyan Jyoti Sengupta, J.1. This is an appeal against judgment and order dated 29th November, 2005 of the learned Single Judge of this Court who has allowed prayer of the respondent club declaring that the surcharge on consolidated rate under Section 171(4) of the Kolkata Municipal Corporation Act, 1980 is not leviable and/or recoverable from the petitioner club in respect of the premises No. 33B, Chowringhee Road, Kolkata (hereinafter referred to as the said premises). The case in the writ petition is that the respondent club is the owner of the said premises. The club is a limited company and all the members thereof are using the same for residential purposes. Though the club is a corporate body the members thereof are contributing to the coffer of the club and income there from is distributed and/or utilized for the benefit and welfare of the members of the club no outsider is allowed to use it either on payment or on gratis. Therefore, there has been mutuality in income, surplus an...
Tag this Judgment!State of West Bengal and ors. Vs. Madan Kumar Pyne
Court: Kolkata
Decided on: Sep-28-2007
Reported in: 2008(3)CHN587
Pratap Kumar Roy, J. 1. Heard the learned Advocate appearing for the parties.2. Challenging the order dated 1st December, 2006 passed by the learned Trial Judge in W.P. No. 1891 of 2006 whereby and where under the learned Trial Judge directed grant of permit, this appeal has been preferred.3. It appears from the writ application that the petitioner raised a grievance for non-grant of permit despite the issuance of the offer letter in the year 2003 prior to issuance of prohibitory notification dated 6th August, 2004 prohibiting grant of any route permit touching Central Business District namely, Esplanade, Band Stand, Howrah Station and approach areas of Howrah Bridge. The route admittedly is touching Howrah Station and approach area of Howrah Bridge in terms of the Notification dated 6th August, 2004. Learned Trial Judge, however, allowed the writ application and directed grant of permit.4. Before looking into the matter of legality and validity of the judgment under appeal, it appears...
Tag this Judgment!Enkon Private Limited and anr. Vs. Bijoli Studio Private Limited and o ...
Court: Kolkata
Decided on: Sep-27-2007
Reported in: 2008(1)CHN122
Bhaskar Bhattacharya, J.1. This mandamus appeal is at the instance of the two private respondents in a writ application under Article 226 of the Constitution of India and is directed against the order dated July 31, 2007 passed by a learned Single Judge of this Court by which His Lordship, after entertaining the writ application and passing direction for filing of the affidavits, granted interim order in terms of prayer 'F' to the writ application till 14th September, 2007. By the aforesaid prayer 'F', the writ petitioners prayed for interim order directing the respondent authority not to give effect to its memo bearing Nos. 343/NDITA/W/7/2006 and 342/NDITA/W/7/2007 both dated July 16, 2007. By those two memoranda, the Executive Officer, NDITA, the respondent No. 6, directed the writ petitioners to remove their hoardings within seven days from the receipt of the letters failing which the NDITA would be compelled to remove the hoardings without further correspondence.2. The facts giving...
Tag this Judgment!Mrs. Arti Bhandari Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Sep-26-2007
Reported in: 2008CriLJ22
ORDERPartha Sakha Datta, J.1. By this revisional application dated 22-1-2007 under Section 482, Cr.P.C. prayer has been made for quashing of a proceeding being CGR No. 936 of 2005 arising out of Ekbalpore PS case No. 71 dated 11-4-2005 under Section 420 of the IPC culminating in submission of charge-sheet under the aforesaid section of the law. The OP No. 2 who is the managing partner of a concern called 'Nelufer's Collections' filed a petition before learned CJM, Alipore, South 24 Pgs, against the present petitioner alleging that the accused/petitioner who is a nonresident Indian running business under the name and style of 'Artee Collection Inc', having office at a place in Hudson, USA came to India and proposed to the complainant to enter into partnership with the accused to which the complainant agreed and since then the Export Credit Guarantee Corporation withdrew their commercial risk coverage of the complainant's export to 'Artee Collection Inc' and the complainant on purchase o...
Tag this Judgment!Smt. Lily Manna Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Sep-26-2007
Reported in: 2008CriLJ625
Partha Sakha Datta, J.1. This revisional application dated 14-6-2007 under Section 401 read with Section 482, Cr.P.C. has been filed to challenge an order dated 16-5-2007 passed by the learned Sub-Divisional Magistrate, Tamluk in case No. M.P. 937/05 whereby the learned Magistrate directed one Aninda Manna, husband of opposite party No. 2 herein to produce his son, Subham Manna before him. Aninda Manna against whom the learned Sub-Divisional Magistrate passed the impugned order was married to Smt. Papiya Manna, the opposite party No. 2 herein and a male child Subham Manna was born of the wedlock. Aninda Manna is in the Indian army. Papiya Manna, the wife of Aninda Manna filed a petition before the learned Sub-Divisional Magistrate, Tamluk under Section 97 of the Cr.P.C. alleging that her minor child of 9 years of age had been taken away by her mother-in-law Smt. Lily Manna who was the opposite party before the learned Magistrate and the petitioner herein in the revisional application. ...
Tag this Judgment!Bata India Ltd. and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-26-2007
Reported in: 2008CriLJ164
ORDERPartha Sakha Datta, J.1. By this application dated 25-4-2007 under Section 482 of the Cr.P.C. prayer is made for quashing of a proceeding being New Market Police Station Case No. 40 dated 31-3-2007 under Section 120-B/ 320 of the IPC corresponding to G.R. Case No. 602 of 2007 under Section 120-B/420 of the IPC.2. One Sambhu Maiti who is the O.P. No. 2 herein lodged a petition with the learned C.M.M. Calcutta against the present petitioners alleging the following facts:O.P. No. 2 carries on business of contract job of carpentry and the job includes interior and exterior decoration and furnishing under different reputed Interior and Exterior Decoration Company and the business is mainly connected with the labour contract. He has been associated with O.P. No. 3, proprietor of M/s. R.D.G. Interior Decoration Exterior Architrecture since 1999. The said O.P. No. 3 Mr. Sagar Roy undertook a job of interior decoration and furnishing at the Head Office of Bata India Ltd. at 6A S. N. Banerj...
Tag this Judgment!Biplan Das and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-26-2007
Reported in: AIR2008Cal17,2008(2)CHN222
S.S. Nijjar, C.J.1. This order will dispose of MAT 2673 of 2007 with an application for Stay (CAN 8424 of 2007) and AST 1640 of 2007, as both the appeals have challenged a common order dated 31st August, 2007 passed in CAN 7562 of 2007.2. The petitioners filed a Writ Petition being W. P. No. 713 of 2007 claiming therein that although the petitioners had been granted a stage carriage permit on 18th May, 2007, but the fare table which is an essential part of the permit had been illegally denied. The petitioners claimed that they had made a representation on 6th June, 2007 to the respondent authorities. Even the aforesaid representation was not decided. This inaction of the Regional Transport Authority prompted the petitioners to file the writ petition. This writ petition was disposed of with a direction to the respondent Regional Transport Authority to consider and dispose of the representation dated 6th June, 2007 by passing a reasoned order within two months.3. Aggrieved by the aforesa...
Tag this Judgment!The Hongkong and Shanghai Banking Corporation Limited Vs. the Official ...
Court: Kolkata
Decided on: Sep-26-2007
Reported in: AIR2008Cal35,(2008)1CALLT150(HC),2008(2)CHN57,[2008]172CompCas599(Cal)
Surinder Singh Nijjar, C.J.1. This appeal has been filed challenging the order of the Trial Court dated 7th August, 2007 in C.A. No. 366 of 2006 in C.P. No. 162 of 2003 (Buxa Dooars Tea Company (India) Limited v. Hongkong & Shanghai Banking Corporation Limited.).2. The case of the petitioner/appellant is that it is the owner of premises No. 31 B.B.D Bagh (South). Kolkata-.700 001. One Buxa Dooars Tea Company (India) Limited in liquidation (hereinafter referred to as the Company (in liquidation) since about 1978 was a tenant under the petitioner in respect of an air-conditioned office area measuring about 7031 sq. ft. on the second floor of the premises owned by the appellant. The Company (in liquidation) stopped paying rent to the petitioner in or about 1990. Therefore, an eviction suit had been filed against the Company (in liquidation) in the year 1990. The suit was, however, dismissed for default. Thereafter, the appellant, as the owner of the premises, again served a notice dated 1...
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