Kolkata Court November 2008 Judgments

Tapas Biswas Vs. Shyama Prosad Ghosal

Court: Kolkata

Reported in: (2008)4CALLT455(HC)

Jyotirmay Bhattacharya, J.1. Since a common question touching the jurisdiction of this Court to entertain an application under Article 227 of the Constitution of India against an order passed by the Civil Judge in any proceeding arising out of an eviction suit under Section 6 of the West-Bengal Premises Tenancy Act, 1997, has arisen in most of these revisional applications, this Court has heard all the aforesaid revisional applications simultaneously, to find out the answer to the aforesaid common question of law. Following incidental question has also cropped up in some of such revisional applications:Whether an appeal lies against an order and/or decree for eviction passed by the learned Civil Judge in a suit filed by the landlord for eviction of his tenant under Section 6 of the said Act and in the event it is found that appeal lies against such order and/or decree, then what will be the forum of such appeal?General discussion on the aforesaid common question of law:2. Confusion has...

Tulshi Bakshi Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: 2008(4)CHN905

1. The challenge herein is to an advertisement issued by the West Bengal Central School Service Commission dated 25th August, 2008 for recruitment to the various categories of teachers within the State of West Bengal. It is the submission of learned Counsel for the petitioner that the qualifications that were prescribed in the aforesaid advertisement are not in conformity with the qualifications laid down in the guidelines issued by the National Council for Teacher Education (NCTE) in exercise of its powers under Sections 32 and 12(d) of the National Council for Teacher Education Act, 1993 (73 of 1993). Undoubtedly, the qualifications prescribed in the guidelines dated 3rd September, 2001 and 28th April, 2003 provide the minimum qualification of BE/B. Ed. as an essential qualification for Assistant Teachers. However, the qualification which has been prescribed in the impugned advertisement as an essential qualification is a Bachelor's Degree from any UGC recognized University. The qual...

Smti Ananta Vs. Ramchander

Court: Kolkata

Reported in: AIR2009Cal167

Ashim Kumar Banerjee, J.1. I have read the well versed judgment written by my esteemed brother, I am in full agreement with the conclusion My Lord has arrived at. To supplement, I however wish to add few lines in this regard.2. His Lordship referred to the conciliation proceeding we had in our Chamber. We intentionally held the conciliation proceeding in presence of the minor child who was accompanying his father. From the demeanour of the child I cannot resist my temptation to observe that My Lord is correct to the extent that the child was under the influence of his father. The child was about 6-7 years when he was separated from his mother, according to the respondent. He deposed before the learned District Judge when he was 11 years. Now, he is 12 years. The factum of influence, in my view, is not unnatural because of his tender age and long dissociation with his mother.3. As has been observed by My Lord, the learned District Judge placed heavy reliance on the evidence of the minor...

Ananta Naskar Vs. Bharat Sanchar Nigam Limited and ors.

Court: Kolkata

Tapan Mukherjee, J.1. This appeal at the instance of the appellant-writ petitioner is directed against the judgment and order dated 2.3.2007 passed by Learned Single Judge in W.P. No. 956 (W) of 2007 dismissing the writ petition summarily.2. The case of the appellant is that on June 5, 2002 Bharat Sanchar Nigam Limited floated tender in the Ananda Bazar Patrika inviting applications for accommodation on rental basis for setting up Telephone Exchange in different places including at Khalia on Benaras Road, Howrah. The appellant-writ petitioner duly made his offer and the same was accepted and by letter dated 21.8.02 the appellant was requested by BSNL to complete the required building for the purpose of Telephone Exchange within one month and to hand-over the same for final measurement within the same period. On 28.8.2002 the appellant was intimated by BSNL, respondent No. 1 that appellant's offered accommodation was approved on rental basis subject to round the clock water supply and s...

Tapan Kumar Mukherjee @ Tapan Mukherjee and ors. Vs. Nirmal Kanti Guha ...

Court: Kolkata

Bhaskar Bhattacharya, J.1. This first appeal is at the instance of plaintiffs in a suit for declaration and permanent injunction and is directed against the judgment and decree dated 24th September, 2007 passed by the learned Judge, 13th Bench, City Civil Court at Calcutta, in Title Suit No. 158 of 2002, thereby dismissing the said suit. The appellants before us filed a suit being Title Suit No. 158 of 2002 in the City Civil Court at Calcutta thereby praying for the following relief:a) A decree for declaration that the plaintiffs are owners of the suits No. 5, on the 3rd floor at premises No. 115E, Lenin Sarani, Police Station - Muchipara, Kolkata - 700 013.b) Decree for declaration that the plaintiffs have every right to have peaceful possessions of the suit property.c) Permanent injunction restraining the defendant No. 1 and his associates from creating any disturbance to the peaceful possession of the plaintiffs in the suit property. c-1) Declaration that the order passed in S.C.C. ...

Kanniz Fatema @ Rubasana Begum Vs. the Shipping Corporation of India L ...

Court: Kolkata

Reported in: (2009)IILLJ430Cal

Bhaskar Bhattacharya, J.1. This First Miscellaneous Appeal is at the instance of a claimant in a proceeding under the Workmen's Compensation Act (hereinafter referred to as the Act) and is directed against the award dated 24th June, 2003 passed by the learned Commissioner, Workmen's Compensation, West Bengal, in Claim Case No. 15/2000 thereby dismissing the application under Section 3 of the Act. Being dissatisfied, the claimant has come up with the present appeal. It appears from records that one Sk. Kalloo, the husband of the appellant, was engaged in the vessel named M.T. Jaynarayan Vyas under the employment of the Shipping Corporation of India Limited, the respondent herein. On 4th July, 1991 the said Sk. Kalloo, working as the second cook in the said vessel, had fallen down from the staircase of the ship and sustained fractureinjury on his left rib. He was immediately attended to by the Medical Officer of the said vessel who advised hospitalization of the victim in the National Ho...

Satyanarayan Brick Field and ors. Vs. Union of India (Uoi) and ors.

Court: Kolkata

Reported in: (2008)IIILLJ666Cal

Shailendra Prasad Talukdar, J.1. Identical facts and points of law being involved in the two cases, those have been heard analogously and are governed by this common judgment.The petitioner No. 1 in W.P. No. 18562(W)/2007 is a registered partnership firm and engaged in a business of manufacturing brick. The petitioner Nos. 2 to 4 are the partners of the said firm. Such establishment is a small-scale industry and it has the quarry permit. It pays royalty to the Government of West Bengal regularly for quarry of soil. The said establishment does not have any shed and the same is situated in an open field. The nature of industry is seasonal and the activities are purely dependent on weather. A large part of the year particularly the rainy season is spent without any activity. During the peak season, labourers are hired from independent contractors. Workers are mainly cultivators who work for additional income when they are otherwise free. This establishment was established in 1988. A code ...

Anupam Talukdar Vs. Smt. Piyali Talukdar

Court: Kolkata

Reported in: 2009CriLJ1846

ORDERArunabha Basu, J.1. The revisional application under Section 397/401 read with Section 482 of the Code of Criminal Procedure is directed against the order dated 13th March 2008 passed by the learned Judicial Magistrate, 2nd Court, Alipore in connection with Case No. M-771 of 2007, whereby and whereunder, the learned Court below in connection with an application for interim maintenance filed under Section 125 of the Code of Criminal Procedure, awarded a sum of Rs. 7,000/- per month as interim maintenance with effect from 1st October 2007.2. In the revisional application it has been recited that parties herein entered into their matrimonial relationship as husband and wife consequent to their marriage solemnised according to Hindu rites on 1st May, 1994. A son was born to the parties on 23rd September, 1995. Ultimately the Opposite Party herein left her matrimonial home on 1st November, 2001 along with her child. Petitioner herein initiated a proceeding under the provisions of Hindu...

Bablu Singh Vs. Coal India Ltd. and ors.

Court: Kolkata

Reported in: [2008(119)FLR1160]

S.P. Talukdar, J.1. Grievance of the petitioner, as ventilated in the instant application, relates to alleged indifference and inaction on the part of the respondents-authority in providing the petitioner with employment.2. The factual backdrop of the present case is:With the death of the petitioner's mother, Boti Singh, on 26th August, 1993, the petitioner, Bablu Singh approached the respondents-authority for employment under die-in-harness scheme under Clause 9:4:2 of the National Coal Wage Agreement. The petitioner appeared in the interview on 27th September, 1994 and was declared selected. He had undergone the medical test, as asked for. He was assured that appointment letter would be issued in his favour. There had been strange silence for quite some time. The petitioner made several representations. On 5th March, 1997, he was informed by the Personnel Manager of Gopinathpur Colliery that since he was a minor being 15 years 10 months 11 days of age, at the time of his mother's dea...

Simple Viniyog P. Ltd. Vs. Commissioner of Income-tax

Court: Kolkata

Reported in: (2009)226CTR(Cal)508,[2009]313ITR336(Cal)

Soumitra Pal J.1. The court : Let affidavit of service filed in court today be kept with the record.2. In the writ petition, the petitioner has challenged the order under Section 127 of the Income-tax Act, 1961, dated October 21, 2008, passed by the Commissioner of Income-tax, Kolkata-I, respondent No. 1, transferring the file from Kolkata to Ranchi, on the ground that neither the petitioner was given an opportunity of hearing to present its case nor the order reveals how the written objections dated June 12, 2008, and September 8, 2008, filed pursuant to the show-cause notices dated May 26, 2008, and September 1/2, 2008, were considered.3. Relying on the judgment of the hon'ble apex court in Madhya Pradesh Industries Ltd. v. Union of India reported in 0044/1965 : [1966]1SCR466 , it has been contended on behalf of the respondent that personal hearing is not mandatory and it can be supplemented by written objection. Therefore, as written objections were considered, the order impugned is...