Kolkata Court February 2008 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Punjab National Bank Vs. Smt. Chama Rani Tandon
Court: Kolkata
Decided on: Feb-13-2008
Reported in: (2008)1CALLT463(HC),2008(3)CHN945,(2009)ILLJ814Cal
Tapan Kumar Dutt, J.1. Heard the learned advocates for the respective parties.2. The facts of the case, very briefly, are as follows:The writ petitioner, Lakshmi Narayan Tandon, was an employee of Hindustan Commercial Bank Ltd. and he retired from his service on superannuation on 30.09.1986 and it appears that the writ petitioner's terminal benefits were paid to him by Punjab National Bank. In this context it may be put on record that on 24.05.1985 (when the petitioner was in services with the Hindustan Commercial Bank) a moratorium had been imposed in respect of Hindustan Commercial Bank Ltd., Kanpur and ultimately the said Bank merged with the Punjab National Bank by virtue of a notification dated 18th December, 1986. It further appears that by a Memorandum of Settlement dated 29th October, 1993 between a large number of banks (through the Indian Banks' Association) and their workmen (being represented by the All India Bank Employees' Association) a Settlement was recorded and a copy...
Smt. Lakhi Barua Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Feb-08-2008
Reported in: 2009ACJ1549,AIR2008Cal59,2008(3)CHN753
Bhaskar Bhattacharya, J.1. This appeal under Section 23 of the Railway Claims Tribunal Act, 1987 is at the instance of a claimant and is directed against the order dated September 8, 1998 passed by the Calcutta Bench of the Railway Claims Tribunal in Accident Claim Application No. 2067 of 1997 by which the tribunal rejected the claim of the appellant.2. The appellant, as the mother of the injured victim, filed a claim for the injury suffered by her son for throwing of stone on a running train being No. 5621 near New Jalpaiguri Station on 25th October, 1996. According to the appellant, while travelling in the sleeper class of the said train, the victim suffered an injury in his right eye because of throwing of stone by some miscreants near the New Jalpaiguri Station, as a result, he was admitted to the Railway Hospital at Katihar. He was discharged on 26th October, 1996 from that Hospital and was readmitted to the Military Hospital at Jhansi on 28th October, 1996. From the certificate o...
Core Ceramics Ltd. and ors. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Feb-08-2008
Reported in: AIR2008Cal88
ORDERSoumitra Pal, J.1. In the writ petition the petitioner has prayed for a declaration that the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the 'Act') is arbitrary and ultra vires the Constitution of India and has challenged the notice under the Act issued by the Punjab National Bank ('Bank' for short) on several grounds. The matter was moved on 19th February, 2004 when order was passed directing the parties to maintain status quo till 25th February, 2004. Thereafter, interim order was extended. On 25th February, 2004 directions were issued for filing of affidavits. Interim order, already granted was directed to continue until further orders. Affidavits have since been exchanged.2. It is to be noted that during the pendency of the writ petition, petitions were moved before the Apex Court challenging the validity of the Act. The Supreme Court in the judgment of Mardia Chemicals Limited v. Union of Ind...
Dr. Sudipta Mukherjee Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Feb-08-2008
Reported in: (2008)2CALLT186(HC)
S.P. Talukdar, J.1. The writ petitioner, a highly qualified person, being B.Sc. (Hons) in Botany, M.Sc. in Agriculture, worked with Tata Tea Ltd. till 31st March, 2005. He obtained Ph.D in Agriculture in 1994. He joined Seva Bharati on 1.4.2005. He was appointed as Training Organizer in Krishi Vigyan Kendra on 22.4.2006. In response to a newspaper advertisement, he applied for the post of Training Organizer' in Bidhan Chandra Krishi Viswa Vidyalaya. On receipt of a call, he appeared in the interview held on 7.8.2006. But since then, nothing had been heard from the said authority. On enquiry, it could be learnt that selection for such post for the District of Hooghly had been made, but nothing was done about the filling up of the post for the District of Howrah. A letter dated 5th March, 2007 from the learned Advocate of the petitioner, by way of 'demand justice' practically remained unattended. Result of the interview has not been published thereby compelling the petitioner to seek red...
Pemba Tshering Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-08-2008
Reported in: (2008)2CALLT555(HC)
Jayanta Kumar Biswas, J.1. The petitioner in this writ petition dated February 4, 2008 is seeking orders: (i) quashing the order of the State Government dated January 21, 2008 made under Section 442 of the West Bengal Municipal Act, 1993 that the vice-chairman of Darjeeling municipality shall convene meeting of the board of councilors of the municipality within one month for electing a new chairman; and (ii) directing the respondents to hold election for the purpose of filling the three casual vacancies for councilors in the municipality before holding any meeting for electing new chairman.2. The relevant facts are these. The thirty-fifth and thirty-sixth respondents were councilors of the municipality and they resigned on June 15, 2007. The existing chairman of the municipality, also an elected councilor, died on January 1, 2008. The new chairman was to be elected in terms of the provisions in Section 17(3) of the West Bengal Municipal Act, 1993. Section 17(3) provides that in the cas...
Gopal Tiwari Vs. State of West Bengal
Court: Kolkata
Decided on: Feb-08-2008
Reported in: 2008(2)CHN311
Partha Sakha Datta, J.1. The appellant was convicted by the learned Additional Sessions Judge, Fast Track 3rd Court, City Sessions Court, Bichar Bhavan at Calcutta under Section 392 of IPC in Sessions Case No. 88 of 2005 corresponding to Sessions Trial No. 1(12) of 2005 and sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs. 1,000/- in default to suffer rigorous imprisonment for one month.2. Balaram Mahanti, the de facto complainant of the case who was a supplier of iron rod and fittings and a resident of premises No. 3 Bowbazar Orphange Lane, Kolkata-700012 was returning home at about 4 p.m. on 14th April, 2005 along the footpath of C.R. Avenue when 3/4 unknown miscreants surrounded him and asked him at the point of threat to part with his movables and being frightened he made over to them his one gold finger rings embossed 'B', one gold necklace with locket embossed 'ONG' weighing about one 'bhori,' one Titan wrist watch with sticker 'B' pasted on the ba...
Zoological Survey of India and anr. Vs. Piscean Enterprises
Court: Kolkata
Decided on: Feb-08-2008
Reported in: 2008(2)CHN116
Bhaskar Bhattacharya, J.1. While hearing an application for stay of a money decree suffered by the appellants, a question of law has arisen as regards the applicability of Order 27 to the provision of Order 41 Rule 1 of Sub-rule (3) of the Code of Civil Procedure.2. In the case before us, the Union of India is one of the appellants who has suffered a money decree and according to Mr. Tarafder, the learned Advocate appearing on behalf of the appellants, there should not be any imposition of condition of depositing the decretal amount or giving security thereof for stay of execution case till the disposal of the appeal in view of the provision contained in Order 27 Rule 8A of the Code of Civil Procedure.3. Mr. Tandon, the learned Advocate appearing on behalf of the respondent has, however, opposed the aforesaid contention and has submitted that in a given situation, the Court can even refuse to stay the execution and at the same time, direct the appellant to deposit or give security of t...
Renu Bala Das and ors. Vs. Sandhya Das
Court: Kolkata
Decided on: Feb-08-2008
Reported in: 2008(2)CHN239
Bhaskar Bhattacharya, J.1. This first appeal is at the instance of both the defendants in a suit for partition and is directed against the final decree dated 5th September, 1990 passed by the Assistant District Judge, 4th Court, Alipore, 24-Parganas (South) in Title Suit No. 39 of 1982 thereby accepting the report of the Advocate Commissioner and passing final decree for partition on thai basis.2. There is no dispute that the plaintiff had eight annas share in the property while her two uncles, the defendant Nos. 1 and 2 have four annas share each. The plaintiff acquired title to the property by virtue of two deeds of gift executed by her father and another uncle.3. The suit was contested by the defendants jointly and the learned Trial Judge initially passed a decree declaring the eight annas share in the property in favour of the plaintiff. Subsequently, on the application on the defendants, the learned Trial Judge further passed a second preliminary decree thereby also declaring four...
Punjab National Bank and ors. Vs. Gulab Chand Bhora and anr.
Court: Kolkata
Decided on: Feb-08-2008
Reported in: 2008(3)CHN654
Bhaskar Bhattacharya, J.1. This first appeal is at the instance of the defendants in a suit for recovery of money and is directed against the judgment and decree dated 11th February, 1999 passed by the learned Civil Judge, Senior Division, 1st Court, Midnapore, in Money Suit No. 143 of 1994 thereby passing a decree in part by directing the appellants to pay arrears of rent at the enhanced rate with effect from 1' July, 1989 to 30th June, 1994. The learned Trial Judge further directed the parties to renew the lease dated 17th August, 1979 immediately. The respondents, however, were, directed to renovate the building after the receipt of money from the defendants. The appellants were further directed to pay the enhanced rent at the rate of Rs. 2.90p. a sq. ft. from 1st July, 1994 to 30th June, 1999. Prayer for interest, however, was, refused.2. Being dissatisfied, the defendants have come up with the present first appeal.3. The facts giving rise to filing of the present appeal majr be pr...
Andrew Yule and Company Limited Vs. Descon Limited and anr.
Court: Kolkata
Decided on: Feb-08-2008
Reported in: [2009]147CompCas434(Cal)
Biswanath Somadder, J.1. The instant appeal arises from a judgment and order dated November 17, 2006, passed by the hon'ble first court, dismissing the interlocutory application of the plaintiff/petitioner.2. It would appear from the observations made by the hon'ble first court that the genesis of the interlocutory proceeding, initiated by the plaintiff/petitioner lied in the proposal of the defendant/respondent, Descon Limited (hereinafter referred to as 'Descon'), to issue equity shares in favour of venture capitalists on preferential basis up to a limit of 49 per cent. (forty nine per cent.) of the increased subscribed equity shares of the company at a premium of not less than Rs. 600 (rupees six hundred only) for every further share of Rs. 10 each.3. From the prayers set out hereinbelow, it will appear that the plaintiff/petitioner was, inter alia, seeking an order of injunction restraining Descon from holding the extraordinary general meeting (hereinafter referred to as extraordin...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 7
- 8
- Next ›
- Last »