Kolkata Court December 2008 Judgments

Union of India (Uoi) and ors. Vs. Hari Singh and ors.

Court: Kolkata

S.P. Talukdar, J.1. This relates to an application for review of the order dated 2nd March, 2005 passed in W.P.C.T. No. 51 of 2005.2. The backdrop of the present application may briefly be stated as follows:Respondent No. 1, Hari Singh, and 14 others as applicants, approached the learned Central Administrative Tribunal with an application under Section 19 of the Administrative Tribunal Act. They sought for direction upon the authorities for giving them the Overtime Allowance for working beyond the normal duty hours. Direction was also sought for payment of Overtime Allowance 3 hours per day and 5 days a week for their performing 12 hours per day. They also sought for other reliefs in the said application. Learned Tribunal by its judgment and order dated 2nd September, 2004 allowed the said application and directed the authorities to make payment of Overtime Allowance to the employees working as 'Chowkidars' within a period of three months from the date of receipt of the copy of the sai...

Darbari Industries Vs. President of India and anr.

Court: Kolkata

Reported in: AIR2009Cal131

ORDERPartha Sakha Datta, J.1. An Arbitrator under the Arbitration and Conciliation Act, 1996 made an arbitration in terms of arbitration clause in the agreement over disputes between the parties in respect of execution of the agreement entered into by and between the parties on 14th March, 2001. An award was passed which according to the Union of India is vitiated by partial attitude of the arbitrator, and that it was decided ex parte. Under Section 34 of the Arbitration and Conciliation Act an appeal was preferred by the opposite party against the award. Since the appeal was time barred an application under Section 5 of the Limitation Act was taken out by the petitioner before the learned Additional District Judge, 6th Court, Alipore.2. The learned Additional District Judge by an order dated 26th of July, 2006 allowed the application under Section 5 of the Limitation Act subject to payment of cost of Rs. 1,500/-. Before the learned Judge in the Court below the opposite parry took out ...

Shaw Wallace and Co. Ltd., in Re

Court: Company Law Board CLB Kolkata

Reported in: 2009(148)CC610,2009(96)SCL213(CLB-KOL.)

1. This is a compounding application under section 621A of the Companies Act, 1956, filed by M/s. Shaw Wallace and Company Limited (“the Company”). As per Return of Deposits, as on 31-3-1995, the company had accepted public deposits in excess of the prescribed limit to the tune of Rs. 26,02,750. As per Rule 3(2)(ii) of the Companies (Acceptance of Deposits) Rules, 1975, the company could have accepted only Rs. 18,69,57,250 as against which it had accepted Rs. 18,95,60,000. The company had also accepted/renewed certain deposits aggregating to Rs. 2.60 lakhs without advertisement in newspapers. The company had neither filed a copy of advertisement inviting deposits nor a statement in lieu of the advertisement containing all the required particulars with the Registrar of Companies, West Bengal (RoC, West Bengal) as required under Rule 4/4A of the said Deposit Rules. In view of the violation under section 58A(6) of the Companies Act, 1956 read with Rule 3(2)(ii) and also 4/4A o...

Smt. Bandana Das and anr. Vs. Saroj Kumar Das

Court: Kolkata

Reported in: AIR2009Cal82

ORDERBiswanath Somadder, J.1. Heard the learned advocates appearing on behalf of the parties.2. This is an application under Article 227 of the Constitution of India in respect of an order, bearing No. 65 dated 28th April, 2005, passed by the learned Civil Judge (Senior Division), Sealdah in Miscellaneous Case No. 18 of 2003 arising out of Title Execution Case No. 5, of 2000.3. The petitioners in the instant application were the plaintiffs in Title Suit No. 97 of 1989. They obtained final decree from the learned trial Court on 13th February, 1989 against the opposite party herein, being the defendant in the said suit.4. By the order impugned, the learned Court below rejected, the decree-holders' petition filed under, the provisions of Rule 208 of the Civil Rules and Orders of the High Court, Calcutta, read with Section 151 of the Code of Civil Procedure.5. The learned Court below while rejecting the decree-holders petition made the following observations:After considering the above cas...

G.E. Capital Transportation Financial Services Ltd. Vs. Sourav Dey

Court: Kolkata

Bhaskar Bhattacharya, J.1. This first miscellaneous appeal is at the instance of the defendant in a converted proceeding under Section 9 of the Arbitration and Conciliation Act, 1996 and is directed against Order No. 13 dated 26th September, 2008 passed by the learned Judge, Seventh Bench, City Civil Court at Calcutta, thereby disposing of the application under Section 9 of the Act by restraining the appellant, its men, agents and associates from seizing and taking possession of the vehicle being No. WB-15A-3721 and from disturbing the peaceful possession of the said vehicle in any manner till the disposal of the Arbitration proceeding.2. Being dissatisfied, the defendant has come up with the present first miscellaneous appeal.3. The respondent filed a suit being Title Suit No. 2836 of 2007 in the City Civil Court at Calcutta thereby praying for the following relief:a) A decree be passed declaring that the plaintiff is a lawful owner in respect of vehicle No. WB-15A-4921 Chassis, 4420 ...

Modern Supply Service and anr. and Krill Congeal Crystal Co. and anr. ...

Court: Kolkata

Dipankar Datta, J.1. Common questions of law and fact are involved in these petitions and hence the same were heard together. They shall be governed by this common judgment. Undisputed facts are these:i. Prior to 26.11.2001, the system of supplying diet to the indoor patients of hospitals under the control of the Government was that raw materials for diet were supplied by selected contractors after competitive bidding and food was cooked in the hospitals' kitchens by the cooks/GDAs, being the employees of the Government. Receipt of raw materials, cooking of meals and distribution of the same to the patients was supervised by a steward or some other designated employee. This system was discontinued by Memo dated 26.11.2001 issued by the Secretary, Health and Family Welfare Department. It was directed thereby that in the changed circumstances, the agency selected through tendering process shall be responsible for providing completely finished diet as per prescribed standards of quality a...

Verson Trading Company Vs. Mrs. Sanjida Begum and ors.

Court: Kolkata

Bhaskar Bhattacharya, J.1. This first miscellaneous appeal is at the instance of the defendant No. 2 in a suit for declaration and permanent injunction and is directed against Order No. 52 dated 2nd March, 2006 passed by the learned Judge, Fourth Bench, City Civil Court at Calcutta, in Title Suit No. 1616 of 2003, thereby allowing an application under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure filed by the plaintiff by restraining the defendants from realising the amount covered under the Letters of Credit of 42,225 US Dollars in favour of the defendant No. 2 or enforcing the said Letters of Credit till the disposal of the suit. Being dissatisfied, the defendant No. 2 has come up with the present first miscellaneous appeal.2. The plaintiff-respondent No. 1 filed a suit being Title Suit No. 1616 of 2003 in the City Civil Court at Calcutta thereby praying for the following relief:a) Declaration that the Letter of Credit being No. 4048/KOL/D/58 on Bank of India, Overseas Bra...

Sovan Molla Vs. the State of West Bengal and anr.

Court: Kolkata

Ashim Kumar Roy, J.1. The present petitioner is the defacto-complainant of the Bishnupur Police Station Case No. 230 of 2007 under Sections 364/302/201/34 of the Indian Penal Code. In this complaint it has been alleged that his brother Kamal Molla was abducted by the accused persons named in the FIR, on the pretext of giving him a job at Gujarat and on the way to his destination at Gujarat, his dead body was found on a Railway Track within the jurisdiction of Chakradharnagar Police Station at Chhatisgarh. According to the complainant, he was killed inside the compartment in the running train and his body was thrown on the Railway Track. Following the discovery of the dead body an unnatural death case was registered at Chakradharnagar Police Station, and post mortem was held and the police commenced investigation.2. It is now submitted by the learned advocate of the petitioner that in the meantime, behind the back and without any notice to the defacto complainant, the Investigating Offi...

Shew Kumar Singh and anr. Vs. the State of West Bengal and anr.

Court: Kolkata

Ashim Kumar Roy, J.1. In a Sessions Trial held before the Learned Additional Sessions Judge, Fast Track, 2nd Court, Howrah, both the appellants were convicted under Sections 326/308/34 of the Indian Penal Code. While for their conviction under Sections 326/34 of the Indian Penal Code the appellant No. 1 was sentenced to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/- and in default to suffer simple imprisonment for one year more, and the appellant No. 2, to suffer simple imprisonment for three years and to pay a fine of Rs. 5,000/-, in default to suffer simple imprisonment for six months more, for their conviction under Sections 308/34 of the Indian Penal Code, the appellant No. 1 has been sentenced to pay a fine of Rs. 10,000/- and in default to suffer simple imprisonment for one year, and the appellant No. 2 to pay a fine of Rs. 10,000/- and in default to suffer simple imprisonment for six months. Against the aforesaid order of conviction and sentence th...

Ashok Banik Vs. the State of West Bengal and ors.

Court: Kolkata

Debasish Kar Gupta, J.1. This writ application is filed by the petitioner for a direction upon the respondent authority to give him appointment to the post of Assistant Teacher of Mathematics in the post graduate scale of pay on the basis of the recommendation made by the West Bengal Regional School Commission (Northern Region).2. The West Bengal Regional School Service Commission (Northern Region) conducted a selection process for preparation of panel of 2002 and recommendation of the names of selected candidates for the purpose of appointment of Assistant Teachers in different Government aided schools under Northern Region. The petitioner participated in the above selection process under un-reserved category having qualifications of M.Sc. in Mathematics(First Class) with distinction in 1999 and B.Ed. Examination(First Class) in 1999. By a communication issued under memo No. Math(02) AT/40/(2) WBRSSC/NI/REC/2003 dated December 08, 2003(annexure P-1 at page 16 to this writ application)...