Kolkata Court October 2008 Judgments

Bulbul Mondal @ Bhola Mondal Vs. National Insurance Co. Ltd. and anr.

Court: Kolkata

Bhaskar Bhattacharya, J.1. This appeal is at the instance of a claimant and is directed against an award dated 31st May, 1995 passed by the learned Judge, Motor Accident Claims Tribunal, Third Court, Burdwan in M.A.C. Case No. 229 of 1992 thereby disposing of an application under Section 166 of the Motor Vehicles Act by directing the Insurance Company to pay a sum of Rs. 50,400/- as compensation for the injury sustained by him while acting as 'Khalasi' of the offending vehicle itself.2. Being dissatisfied, the claimant has come up with the present appeal. There is no dispute that the appellant was a Khalasi of the lorry bearing No. WMK-1988 which caused the accident, as a result, the left leg of the appellant was amputated at Burdwan Medical College and Hospital. He claimed Rs. 1,50,000/- as compensation on the allegation that the owner of the vehicle used to pay Rs. 1,200/- a month as his salary. There is no dispute that the claimant was aged 29 years at the time of accident.3. The le...

Tulsi Baksi and anr. Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: 2008(4)CHN789,[2009(121)FLR456]

Pinaki Chandra Ghose, J.1. This Public Interest Litigation has been filed on behalf of the petitioner and a serious question has been raised regarding Primary Training Teachers' Institutes, both Government and Private. The complaint is basically made against 138 Institutes, which are presently engaged in training students for entitling them to teach at the primary level. Out of the said institutes, only 20 institutes are recognized by the National Council for Teachers Education. It is also pointed out that these Institutes are run on the basis of an Act called West Bengal Primary Education Act, 1973 (hereinafter referred to as the said Act) which was amended extensively in 2002.2. The petitioner submitted that the West Bengal Board of Primary Education (Recognition of Primary Teachers' Training Institute) Regulation, 2002 was introduced in the year 2002. Pursuant to the application made by the respondents, Primary Teachers' Training Institutes, the West Bengal Board of Primary Educatio...

Kaushik Biswas Vs. Indusind Bank Ltd.

Court: Kolkata

Bhaskar Bhattacharya, J.1. This appeal is at the instance of a defendant in a proceeding under Section 9 of the Arbitration and Conciliation Act (hereinafter referred to as the Act) and is directed against the Order No. 5 dated 21st July, 2008 passed by the learned Judge, Seventh Bench, City Civil Court at Calcutta in Miscellaneous Case No. 5310 of 2008 thereby refusing to stay the operation of the earlier order dated 7th July, 2008 by which an ad interim Receiver was appointed.2. Being dissatisfied, the defendant has come up with the present appeal. Mr Sen, the learned advocate appearing on behalf of the appellant, has taken a pure question of law in support of this appeal. According to Mr Sen, even if it is assumed for the sake of argument that all the statements made in the application under Section 9 of the Act was true, the learned Trial Judge was not justified in appointing a Receiver over the property where the alleged agreement incorporating the clause of arbitration was not si...

Gandhabanik Mahasabha and anr. Vs. Gandhabanik Mahasabha, Bardhaman Sa ...

Court: Kolkata

Bhaskar Bhattacharya, J.1. This first miscellaneous appeal is at the instance of the defendants in a suit for declaration and permanent injunction and is directed against Order No. 12 dated 26th February, 2008 passed by the learned Judge, Twelve Bench, City Civil Court at Calcutta, in Title Suit No. 2467 of 2007, thereby allowing an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure filed by the plaintiff-respondents after rejecting an application under Order 39 Rule 4 of the Code filed by the present appellants. By the order impugned, the learned Trial Judge made the earlier interim order granted by it absolute till the disposal of the suit.2. Being dissatisfied, the defendants have come up with the present first miscellaneous appeal.3. The plaintiffs-respondents filed the aforesaid suit thereby praying for the following relief:(a) A decree for declaration that since there is no existence of the Steering Committee in the Constitution of the Defendant Mahasabha, th...

Suresh Singh Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: 2008(4)CHN785

Soumitra Pal, J.1. Facts of the case are that on 31st October, 1995 the petitioner was appointed Assistant Teacher in Netaji Vidyalaya F.P. School. At the time of appointment he was undergoing B.Ed. course in the 1995-96 session which commenced on 1st July, 1995 and ended on 30th June, 1996. Since the petitioner was not holding the B.Ed. degree, initially he was placed in the 'B' category. The B.Ed. final examination was conducted in the month of June, 1996. After completion of the course, by memo dated 18* July, 2001 the petitioner was placed in the 'A' category and continued to draw salary under the said category till 21st June, 2007 when the Chairman, District Primary School Council, Burdwan, respondent No. 4 by a memo intimated that since he had obtained the B.Ed. degree after 1st July, 1996 he was entitled to get 'B' category scale of pay and not eligible to get 'A' a category scale of pay from 1st July, 1996. By the said memo the Sub-Inspector of Schools, (P.E.) Durgapur Circle, ...

Syed ZahiruddIn Ahmed Bagdadi Vs. Board of Wakfs and ors.

Court: Kolkata

Reported in: (2008)1CALLT22(HC)

Manik Mohan Sarkar, J.1. This application under Article 227 of the Constitution of India is directed against the order dated 28.2.2006 passed by the learned Presiding Officer, Wakf Tribunal, West Bengal in appeal No. 6 of 2005.2. Briefly the petitioner's case is that Pir Hazrat Syedena Mohammad Sufi Obaidullah Baghdadi Shah be called as 'Sufi Obaidullah Baghdadi Shah', the grandfather of the petitioner's husband, was the owner of various properties in Calcutta including premises Nos. at 5A and 5B, Christopher Road and 8 Bright Street, Calcutta 700 019, formerly known as 8 Charmari Ghughudangha Road, Calcutta 700 019 and said Sufi Obaidullah Baghdadi Shah established a 'Khankhah' a Mohammedan institution used for imparting religious doctrine and rules of life and he was usually called 'Sajjadanashin'. Gradually the said Sufi attained the status of 'Pir Sahib' and head of the 'Khankhah' in his status as 'Sajjadanashin' (Spiritual Superior). Durgah at the above stated address is known as ...