Kolkata Court January 2008 Judgments
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Amarendra Singh Vs. Calcutta Electric Supply Corporation Ltd. and ors.
Court: Kolkata
Decided on: Jan-10-2008
Reported in: AIR2008Cal66,2008(1)CHN718
1. This appeal has been preferred assailing the judgment and order dated 9th January, 2007 whereby and whereunder the learned Single Judge dismissed the writ petition bearing W.P. No. 2351 (W) of 2006 filed on behalf of the appellant herein on the ground that the writ petitioner did not lawfully enter into the portion of the premises in question. The learned Counsel representing the appellant invited our attention to various documents included in the paper book.2. In scrutinising those documents, we find that the Kolkata Municipal Corporation authorities realised rent from the appellant accepting him as occupier in respect of a portion of the premises in question and the appellant although has been occupying the portion of the premises in question for a considerable period, neither any objection was ever raised nor any proceeding was initiated by or at the instance of the respondents challenging the authority of the said appellant to occupy the said premises. In view of the provisions ...
State of West Bengal and anr. Vs. Rita Kar and ors.
Court: Kolkata
Decided on: Jan-10-2008
Reported in: (2008)1CALLT336(HC),2008(2)CHN72
Debiprasad Sengupta, J.1. Subject matter of challenge in the aforesaid appeals is a common Judgment and order dated 26th June, 2007 passed by the learned single Judge in W.P. No. 20074(W) of 2006. Since same point is involved in the aforesaid three appeals, those are taken up for analogous hearing in presence of the learned Advocates of the respective parties.2. In the writ petition the writ petitioner/respondent No. 1 Rita Kar challenged the selection process initiated for appointment in the post of Principal in the District Institute of Education and Training (DIET) under the School Education Department, Government of West Bengal. Since selection process was conducted by the State Public Service Commission, it was the case of the writ petitioner before the learned single Judge that State Public Service Commission had no power or authority to conduct such selection process and make recommendation for the post. It was contended on behalf of the petitioner that since the scheme was spon...
Naba Kumar Banerjee Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Jan-10-2008
Reported in: (2008)1CALLT361(HC),2008CriLJ1180
ORDERPartha Sakha Datta, J.1. By this application dated 29-1-2007 under Article 227 of the Constitution of India, the order dated 5-1-2007 passed by learned Additional Sessions Judge, Barrackpore in Criminal Revision No. 194 of 2006 affirming thereby the order dated 16-6-2006 passed by learned Judicial Magistrates, 3rd Court, Barrackpore in case No. C-851 of 2003 under Section 420/406 of the IPC whereby the learned Magistrate rejected the prayer of the petitioner under Section 245(1) of the Cr.P.C. is under challenge. The O.P. No. 2 herein as complainant lodged a complaint with the learned CJM, Barasat being case No. C-851 of 2000 alleging that the petitioner-accused proposed to him for a partnership business which he agreed to, as a result of which a partnership agreement was drawn up between them on 5-12-2002 and the petitioner-accused received Rs. 2 lac from the complainant for carrying on partnership business in the name and style of M/s. Banerjee Chemicals Industries Estate. The a...
Sabur HossaIn Biwas Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-10-2008
Reported in: 2008(2)CHN756,2008CriLJ1183
ORDERPartha Sakha Datta, J.1. The learned Additional Sessions Judge, Fast Track Court No. 2 at Basirhat in the district of 24 Parganas (N) was trying the S.T. No. 3(7) of 2005 corresponding to Swarup Nagar P.S. Case No. 71 dated 6-8-2003 against the present petitioner under Section 376/417 of the IPC and after framing of charge, 14 witnesses were examined, cross-examined and discharged. Thereafter on 9-8-2007 the learned Public Prosecutor, in-charge of the case filed a petition before the learned Judge praying for DNA test of the victim girl, of the present petitioner and the child born of the girl. The learned Judge allowed the petition holding that if the DNA test is done it would almost conclusively determine the paternity or otherwise of the accused-petitioner in respect of the child and it was observed in the impugned order dated 17-8-2007 that this was the proper way of arriving at the truth. The impugned order reveals that similar petition was also filed before the predecessor o...
Sabur HossaIn Biswas @ Paltu Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-10-2008
Reported in: (2008)1CALLT349(HC)
Partha Sakha Datta, J.1. The learned Additional Sessions Judge, Fast Track Court No.2 at Basirhat in the district of 24-Parganas (N) was trying the S.T. No. 3(7) of 2005 corresponding to Swarup Nagar P.S. Case No. 71 dated 06-08-2003 against the present petitioner under Section 376/417 of the IPC and after framing of charge, 14 witnesses were examined, cross-examined and discharged. Thereafter on 09-08-2007 the learned Public Prosecutor, in-charge of the case filed a petition before the learned Judge praying for DNA test of the victim girl, of the petitioner and the child born of the girl. The learned Judge allowed the petition holding that if the DNA test is done it would almost conclusively determine the paternity or otherwise of the accused petitioner in respect of the child and it was observed in the impugned order dated 17-08-2007 that this was the proper way of arriving at the truth. The impugned order reveals that similar petition was also filed before the predecessor of the lea...
Sanat Kumar Ganguly Vs. Sandhya Dutta Chowdhury and ors.
Court: Kolkata
Decided on: Jan-10-2008
Reported in: 2008(2)CHN425
Biswanath Somadder, J.1. Affidavit-of-Service filed on behalf of the petitioner be kept on record.2. None appears on behalf of the plaintiffs/opposite parties when the matter is called.3. This is an application under Article 227 of the Constitution of India directed against an order dated 5th October, 2007 passed by the learned Civil Judge (Junior Division), 5th Court, in the district of Howrah in Title Suit No. 184 of 2003 (Sandhya Dutta Chowdhury and Ors. v. Sanat Kumar Ganguly). By the order impugned, the learned Court below allowed the plaintiffs' application and permitted production of evidence of the Settlement Office, Sankrail, Howrah, regarding L.R. records-of-rights in respect of L.R. Khatian No. 1093, J.L. No. 29, Dag No. 216 under Mouza- Andul.4. Before the Court below it was submitted on behalf of the defendant that the application was misconceived, having no legs to stand on and it was prayed that the same be rejected.5. Learned Advocate appearing on behalf of the defendan...
Union of India (Uoi) and ors. Vs. Sudarshan Mondal and anr.
Court: Kolkata
Decided on: Jan-10-2008
Reported in: 2008(2)CHN674
1. This application is directed against two orders passed by the learned Tribunal (respondent No. 2) herein on 15th September, 2006 in the original application No. 755 of 2005 made by the first respondent and another order dated 20th April, 2007 and 30th April, 2007 passed in CPC No. 200 of 2006. The facts upon perusal of pleadings of both the sides, appear to be admitted and the same are briefly stated hereunder:The first respondent is a Medical Officer of the first writ petitioner. He has completed continuous 19 years of service as Medical Officer. Accepting recommendation of 5th Central Pay Commission, Government of India, Ministry of Health and Family Welfare by circular dated 5th April, 2002 introduced a Dynamic Assured Career Progression Scheme (in short the said scheme). Under the said scheme the General Duty Medical Officer (G D M O) sub-cadre Medical Officer carrying pay scale of Rs. 8000 - 12,500/- will be promoted to the post of Senior Medical Officer, carrying pay scale of ...
The Board of Trustees for the Port of Kolkata Vs. Canoro Resources Ltd ...
Court: Kolkata
Decided on: Jan-09-2008
Reported in: 2008(1)CHN941
Bhaskar Bhattacharya, J.1. This mandamus-appeal is at the instance of a third party in a writ-application and is directed against order dated March 5, 2007 passed by a learned Single Judge of this Court by which His Lordship disposed of a writ-application filed by the private respondent by setting aside the order passed by the Chairman of the Kolkata Port Trust which was impugned in the writapplication with the direction to the Port Trust Authority to rehear and dispose of the representation of the writ-petitioner afresh in the light of the observations made in the body of the order. Subsequently, by an order dated March 28, 2007, on an application of the Chairman and the Land Manager of the Kolkata Port Trust, who were the respondents Nos. 1 and 4 respectively, the earlier order dated March 5, 2008 was modified by specifically directing the Chairman of the Kolkata Port Trust (instead of Port Trust Authority) to dispose of the representation of the writ-petitioner as indicated earlier....
Anjan De Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Jan-09-2008
Reported in: (2008)1CALLT486(HC)
Kalidas Mukherjee, J.1. This application under Section 401 read with Section 482 Cr. PC is directed against the Judgment and order dated 12.04.2006 passed by learned Judge, Special Court (E.C. Act) and Additional Sessions Judge, Alipore, 24 Parganas (South) in Special Case No. 30(2) of 2005 arising out of Beliaghata P.S. Case No. 23 dated 10.02.2005 under Section 135/138 of the Electricity Act, 2003 thereby acquitting the Opposite Party No. 2 herein.2. The case of the petitioner, in short, is that he is an Engineer at the Loss Control Cell, C.E.S.C. Limited. The supply of Electricity was disconnected on 08.04.2002 being Industrial Meter No. 2157330 of M/s. Lokenath Oil Mill of 1/8/2 of Taran Krishna Naskar Lane, Kolkata - 700010, consumer No. 280/120/9007 and the assessment for the meter consumption was assessed to the tune of Rs. 69,060/-. Thereafter the ex parte final order of assessment was passed on 17.05.2002 by the petitioner No. 1 Company. The prosecution case is that the accuse...
Sri Probal Gupta Vs. the Burdwan Central Co-operative Bank Limited and ...
Court: Kolkata
Decided on: Jan-09-2008
Reported in: (2008)2CALLT173(HC),[2008(118)FLR1037],(2008)IILLJ757Cal
Jayanta Kumar Biswas, J.1. By issuing a charge-sheet dated February 10, 2006 the first respondent initiated disciplinary proceedings against the petitioner who was working in the co-operative bank as an officer. He had been suspended by an order dated August 10, 2005. It was alleged that he had misappropriated funds of the bank. An inquiry officer was appointed. In the course of inquiry the petitioner prayed for permission to engage lawyer. The request was turned down, and feeling aggrieved he took out W.P. No. 23418 (W) of 2006. While that writ petition was awaiting admission hearing, the inquiry officer proceeded with the inquiry. The petitioner was participating in the inquiry. On November 4, 2006 he decided to withdraw himself from the proceedings.Under the circumstances the inquiry officer made an order that the inquiry fixed for November 11, 2006 would be held ex parte. Such proceedings dated November 4, 2006 were signed, with others, by the petitioner. Thereupon the inquiry was ...
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