Kolkata Court September 2007 Judgments
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India Trading Oil Company and ors. Vs. Hindustan Petroleum Corporation ...
Court: Kolkata
Decided on: Sep-14-2007
Reported in: 2008(3)ARBLR302(Cal)
Kalyan Jyoti Sengupta, J.1. This appeal is against judgment and order of dismissal of the above writ petition of the learned Single Judge. It appears from the records that when the writ petition was filed the original respondent Nos. 1 and 2 were made parties as their offices were found in existence. Thereafter, these offices were closed by the government for good. Consequently, their names have been deleted from the array of the parties. From the pleadings it appears that the case made out by the appellants/writ petitioners before the learned trial court is that the first writ petitioner is a partnership firm with the other writ petitioners who are partners thereof. The first writ petitioner has been carrying on business as a dealer of petroleum oil products which include lubricating oils, petroleum and diesel fuel. As such, the first writ petitioner is a dealer of the first respondent-Hindustan Petroleum Corporation Limited (hereinafter referred to as 'the said Corporation'). The fir...
Sekhar Chatterjee, Achyutanonda Chatterjee Vs. Abdur Rahim Mondal and ...
Court: Kolkata
Decided on: Sep-13-2007
Reported in: 2008(1)CHN1096
Tapen Sen, J.1. This appeal is directed against the judgment dated 14.5.2007 passed by a learned Single Judge of this Court in W.P. No. 1395 of 2006 (GA No. 619 of 2007) [Abdur Rahim Mondal and Ors. v. State of West Bengal and Ors.] holding that all steps taken by the respondent No. 6 (State Transport Authority, Government of West Bengal) on the basis of applications submitted suo motu on 17.07.2006 by the appellants, shall be deemed to be quashed.The learned Judge also quashed the resolution granting permits to the appellants but observed that nothing in the judgment would prevent the State Transport Authority, Government of West Bengal (hereinafter referred to for the sake of brevity and precision as the STA) and the appellants from taking fresh steps in accordance with law for the grant of Stage Carriage Permits for the route in question.2. Let it be recorded that interlocutory application being GA No. 619 of 2007 was filed by he private respondents herein praying for modification o...
State of West Bengal and ors. Vs. Khalil Ali Sk. and ors.
Court: Kolkata
Decided on: Sep-12-2007
Reported in: 2007(4)CHN746
Pranab Kumar Deb, J.1. This is an application under Section 5 of the Limitation Act for condonation of delay in preferring the appeal against the judgment dated 15.1.2004.2. The respondent/writ petitioner joined in Pipulberia Junior High School on 01.02.1992 as a Peon. The writ petitioner claimed to have rendered uninterrupted service as an organizing non-teaching staff since the date of his joining in the school. Following the inspection of the school on 12.4.1991 by the District Level Inspection Team, the school was provisionally recognized as Four Class Junior High School with effect from 01.05.1994 in terms of Memo No. S/242/14/04/1999. The provisional recognition was to remain operative till 30.4.1997. Three years after the provisional recognition of the school as Four Class Junior High School, the school got permanent recognition with effect from 01.05.1994.3. The prayer of the petitioner for approval of his appointment not having been considered, the respondent filed a writ appl...
West Bengal State Electricity Board and ors. Vs. Mehedi Hassan Reza
Court: Kolkata
Decided on: Sep-12-2007
Reported in: AIR2007Cal296,2007(4)CHN767
Bhaskar Bhattacharya, J.1. This mandamus-appeal is at the instance of the respondent in a writ-application under Article 226 of the Constitution of India and is directed against the order dated June 11, 2003 passed by a learned single Judge of this Court by which his lordship disposed of the writ-application filed by the respondent before us by quashing the quotation dated October 3, 2002 being Annexure P-4 to the writ application with further direction upon the appellants to issue fresh quotation to the respondent without demanding any amount towards the cost of the transformer and other sub-station equipments within two weeks from the date of communication of such order.2. The facts giving rise to filing of the writ-application may be summed up thus:a) The writ-petitioner with an intention to get electrical connection for running his submersible pump set fitted with a shallow tube well obtained necessary clearance certificate from the Senior Geologist/Geologic cal Division-II, Suri, ...
Amalgamated Development Ltd. Vs. State of West Bengal
Court: Kolkata
Decided on: Sep-12-2007
Reported in: 2007(4)CHN994
Bhaskar Bhattacharya, J.1. This is an application for review of the judgement and decree dated 13th January, 2006 passed by a Division Bench of this Court by which the said Division Bench dismissed a first appeal preferred by the present applicant against an award dated 17th March, 1994 passed by the Additional Special L.A. Judge, Alipur, in L.D.P. Case No. 159 of 1967(V) thereby allowing a land acquisition reference case in part and enhancing the valuation of the acquired land to Rs. 825/- per cottah. By the said judgement, the learned L. A. Judge further directed payment of interest at the rate of 6 per cent on the excess amount from the date of taking possession of the acquired land till the deposit of the same in the Court. The referring claimant was also given solatium at the rate of 10 per cent for compulsory acquisition of land in addition to the market value of the acquired land at the rate of 12 per cent per annum on such market value for the period commencing on and from the ...
Noor Emam Khan Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-12-2007
Reported in: 2008(1)CHN105
Tapen Sen, J.1. All these writ petitions have been heard together. In W.P. No. 11613(W) of 2007, the petitioner (Noor Emam Khan) has stated that he passed his School Final Examinations in the year 1992 and thereafter, the Higher Secondary Examinations in 1995 and the Bachelor of Arts from the University of Calcutta in 1997. He has experience of typing and shorthand and he is in possession of valid certificates. He has stated that pursuant to an advertisement published on 16.2.2007 in the 'Juger Khabar', he applied for being appointed in the post of a Lower Division Clerk (Group - 'C') on 19.2.2007. He subsequently came to learn that the written test for Group - 'C' and Group - 'D' posts in the judgeship of Howrah had been fixed on 11.3.2007. The petitioner has stated that thereafter, he, along with a large number of similarly situated persons/applicants, visited the office of the District Judge, Howrah on 9.3.2007 when they were told that interview letters had been duly dispatched. Wit...
Achintya Ghosh Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-11-2007
Reported in: 2007(4)CHN705
Dipankar Datta, J.1. The Kolkata Municipal Corporation (hereafter the Corporation) sanctioned a building permit in favour of the petitioner for the purpose of raising construction on premises No. 23A/660, Diamond Harbour Road, Kolkata (hereafter the said premises) vide No. BS- 124 on 28.10.1999. The plan was valid till 27.10.04. It is the case of the petitioner that on 20.3.03 he intended to start construction said premises but was prevented from doing so by the concerned police authorities. Being aggrieved thereby, he had preferred a writ petition before this Hon'ble Court being W.P. 5188 (W) of 2003. On 22.4.03, a learned Judge of this Court for reasons recorded in the order granted liberty to the petitioner to carry on construction work at the premises in question strictly in accordance with the sanctioned building plan until further orders. The petitioner was also given liberty to seek assistance from the police for protection of his life and property as well as the safety and secu...
Arun Debnath and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: Sep-10-2007
Reported in: 2007CriLJ4748
Girish Chandra Gupta, J.1. Arun Debnath, son of Shri Panchu Debnath, Shri Panchu Debnath, Sanath Debnath, both sons of Shri Harekrishna Debnath and Harekrishna Dcbnath, son of late Rajani Debnath, all residents of village-Satghara within territorial jurisdiction of Mathurapur Police Station in the district of 24 Parganas (South) were charged under Section 302 read with Section 34 of the Indian Penal Code, for causing death of one Nabin Haider, aged about 17 years, son of Shri Amar Haider, as also under Section 201 read with Section 34 of the Indian Penal Code for concealing the body of the deceased in a septic tank, situate at the backside of the house of the accused persons. The learned Special Court (E.C. Act) and Additional District and Sessions Judge, Alipore, 24 Parganas (South) in Sessions Trial No. 2(2) 2003 by a judgment dated 29th July, 2005 has convicted all the accused persons against both the offences and by an order dated 30th July, 2005 sentenced, under Section 302 read w...
Steel Authority of India Ltd. and anr. Vs. Shri Nitish Chakraborty and ...
Court: Kolkata
Decided on: Sep-10-2007
Reported in: (2008)1CALLT6(HC)
Tapen Sen, J.1. This appeal is directed against a Judgment dated 4.7.2001 passed by a learned single Judge of this Court in W.P. No. 7353{W) of 1999 whereby and whereunder he was pleased to set aside the Order of removal dated 20.5.1998 as well as the Order of the Appellate Authority dated 15/19.2.1999 and was further pleased to substitute the order of punishment of removal by a minor penalty of censure. While allowing the Writ Petition, the learned Judge also directed reinstatememt of the Petitioner with further directions that the management/Respondent/Appellant herein shall extend all service benefits to the Petitioner including backwages within a period of four weeks from the date of communication of the Order.2. The short facts which could be gathered from a perusal of the Writ Petition which was registered as W.P. No. 7353(W) of 1999 are that on 23.8.1997 the Petitioner was placed under suspension for certain allegations amounting to serious misconduct under the Certified Standin...
Gautam Paul Vs. Radha Rani Ray
Court: Kolkata
Decided on: Sep-10-2007
Reported in: 2008(1)CHN241
Prasenjit Mandal, J.1. This application under Article 227 of the Constitution of India is directed against the order dated 29.3.2007 passed by the learned Civil Judge (Senior Division), Sealdah in Miscellaneous Case No. 25 of 2006 arising out of Title Execution Case No. 3 of 2004 wherein the learned Civil Judge has rejected the petition dated 20.9.2006 under Section 151 of the Code of Civil Procedure filed by the petitioner/judgment-debtor. Being aggrieved by the said order, the petitioner/judgment-debtor has preferred the present application.2. The fact of the case in short is that the petitioner/judgment-debtor has been residing in the suit premises being No. 14/C, Sambhu Babu Lane since his birth and on 03.12.1988 he purchased 1/9th share of Bivabati Paul by a registered deed of sale and thus he became owner of the suit premises to the extent of 1/9th share. Thereafter one partition suit was filed in the year 1989 before the learned Assistant District Judge, Alipore for partition of...
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