Kolkata Court March 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.
Sanaka Kumar and anr. Vs. United India Insurance Corporation Limited a ...
Court: Kolkata
Decided on: Mar-20-2008
Reported in: 2008(3)CHN397
Bhaskar Bhattacharya, J.1. This appeal under Section 173 of the Motor Vehicles Act, 1988 is at the instance of claimants in a proceeding under Section 166 of the Act and is directed against the order dated 17th December, 2004 passed by the learned Judge, M.A.C. Tribunal, Fast Track Court, Purulia in M.A.C. Case No. 106 of 2002 thereby dismissing the claim on the ground that the claimants failed to prove that the death caused to the victim was due to rash and negligent driving of the vehicle concerned.2. The appellants before us, the widow and the minor son of one Basudeb Kumar, since deceased, filed an application under Section 166 of the Motor Vehicles Act thereby claiming compensation of Rs. 3,00,000/- with interest on the allegation that on 1st July, 2002 the victim,, who was a sub-agent of Biri binding factory and also a cultivator, was proceeding through the National Highway No. 32 on a bicycle when one Tata 407 van bearing No. BR-20G-1.986 came from the opposite direction and das...
Srikanta Patra Vs. State of West Bengal
Court: Kolkata
Decided on: Mar-20-2008
Reported in: 2008(3)CHN821
Partha Sakha Datta, J.1. At the material point of time the petitioner was serving as Branch Accountant, Belda Branch of Midnapore Co-operative Agriculture and Rural Development Bank Ltd. (for short the bank) during the year 1995-1996. One Debabrata Bhattacharya was also a cashier at the time. The cashier's function was to receive the cash in the cash counter, issue receipts, maintain relevant registers and arrange for depositing the cash with the Vidyasagar Central Co-operative Bank Ltd., Belda Branch. Following a report of commission of fraudulent act the cashier was suspended under the order of the Chairman and the Assistant Registrar of Cooperative Societies, Midnapore was requested to hold an enquiry which was however done and which revealed that the cashier embezzled, misappropriated and defalcated the fund of the bank to the tune of Rs. 2,40,549/- and that Sri Sagar Chand Dey, Ex-Branch Manager of Belda Branch and the present petitioner Srikanta Patra then Branch Accountant of th...
Kamal Kumar Mitra, Deceased Vs. Taxation Services Syndicate Pvt. Ltd.
Court: Kolkata
Decided on: Mar-19-2008
Reported in: (2008)3CALLT47(HC),2008(3)CHN384
Sanjib Banerjee, J.1. The application for condonation of delay has been filed as an afterthought and, ostensibly, by way of abundant caution. The petitioner had proceeded before that in the conviction that there was no delay on its part and, consequently, there was no need to proffer any explanation as to why the prayer for revocation of the grant of probate was not made earlier.2. The petitioner is a company, of which brothers Subramanyan - Sharad and Vasant - appear to be the effective, if not the only, shareholders. No large corporate or business activity of the company is attempted to be demonstrated and it appears safe to conclude that its principal interest is in its alleged leasehold rights in respect of the first floor of premises No. 13/1, Promotesh Barua Sarani, Calcutta-700019 that affords its shareholders to keep company of distinguished occupants in a plush upmarket part of town. The petitioner claims to be a lessee of the premises for 99 years, obtained under a deed of Oc...
Pradip Kumar Bose Vs. University of Calcutta and ors.
Court: Kolkata
Decided on: Mar-19-2008
Reported in: 2008(2)CHN866,[2008(119)FLR905]
Subhro Kamal Mukherjee, J.1. The writ petitioner, namely, Pradip Kumar Bose, was appointed on November 27, 1971 as a group 'D' staff in the University of Calcutta in the pay scale of Rs. 80-115/-. The said scale of pay was revised to Rs. 300-525/-.2. Nirmal Kumar Mukherjee, the private respondent, was appointed on October 27, 1976 in the post of Literate Daftaree on a leave vacancy. The post of Literate Daftaree carried the pay scale of Rs. 325-600/-. Nirmal Kumar Mukherjee could not be confirmed in the post of Literate Daftaree as that was a promotional post. The request of Nirmal Kumar Mukherjee was accepted by the authorities and the Council of the University, by adopting a resolution dated April 8, 1982, appointed Nirmal Kumar Mukherjee as a group 'D' staff with effect from June 22, 1980 in the scale of pay Rs. 300-525/- on usual terms and conditions.3. As we have indicated hereinabove, Pradip Kumar Bose was appointed as a group 'D' staff on November 27, 1971 and Nirmal Kumar Mukhe...
Tamal Kumar Banerjee Vs. Smt. Chaitali Banerjee
Court: Kolkata
Decided on: Mar-18-2008
Reported in: (2008)2CALLT202(HC),II(2008)DMC739
Rudrendra Nath Banerjee, J.1. This appeal is directed against the judgment and decree of divorce passed in MAT Suit No. 47 of 2001 of the Family Court Calcutta on the ground of cruelty and desertion by the appellant/husband.2. The respondent/wife's case in the Court below can be summed up as follows:The petitioner/wife, Chaitali Banerjee got married with the appellant, Dr. Tamal Kumar Banerjee, according to Hindu rites and customs on August 10, 1990, the marriage having taken place at a rental house at 41/4A Bagbazar Street, Kolkata -3 and after the marriage the said husband and wife began to live at 28/6, Pottery Road, Kolkata.3. The appellant/husband had been treating the wife with cruelty since the solemnization of marriage. He also demanded dowries and forced the wife to procure the items like revolving chair and table of godrej make and other wearing apparels from her father's place. On May 7, 1992 the husband abused and beat the respondent/wife and confined her in a locked room w...
Soma Reddy Vs. Lt. Governor and ors.
Court: Kolkata
Decided on: Mar-18-2008
Reported in: 2008(3)CHN713,[2008(117)FLR1158],(2008)IIILLJ383Cal
Pranab Kumar Chattopadhyay, J.1. The petitioner herein has challenged, the validity and/or legality of the award passed by the Presiding Officer, Labour Court, Andaman & Nicobar Islands on August 3, 2007 on various grounds mentioned in this writ petition.2. The learned advocate representing the respondents raised a preliminary objection regarding maintainability of the writ petition in view of the provision of Section 17(2) of the Industrial Disputes Act, 1947.Mr. Mandal, learned Counsel representing the respondents submits that the award published under Section 17(1) is final and cannot be called in question by any Court in any manner whatsoever in view of the provision of Section 17(2) of the Industrial Disputes Act, 1947.3. It is true that the legislature has clearly expressed its intention to the effect that the award should be final and cannot be called in question by any Court in any manner whatsoever. But, the aforesaid intention of the legislature cannot curtail the power of th...
Tulsi Roy Vs. Krishanu Roy and ors.
Court: Kolkata
Decided on: Mar-17-2008
Reported in: (2008)2CALLT574(HC)
Ashim Kumar Banerjee, J.1. Dakshin Chatra High School (H.S) in the District of 24 Parganas (North) wanted to appoint a clerical staff after obtaining prior permission from the District Inspector of Schools. The school asked the Employment Exchange to sponsor the names of eligible candidates. Accordingly, twenty candidates were sponsored by the Employment Exchange including the appellant. The respondent No. 1 was not sponsored by the Employment Exchange. He applied to this Court for permission to participate at the interview. The learned single Judge by judgment and order dated October 13, 2006 allowed his writ petition and directed the school to permit him to participate at the interview after holding that the Recruitment Rule 2005 did not cast any embargo upon the authority to entertain a non-sponsored candidate. Hence this appeal by the appellant.2. Pertinent to mention, the respondent No. 1 became successful in such interview process as he was placed in the first position in the pan...
Partho Pratim Phukan @ Meja Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Mar-14-2008
Reported in: 2008(4)CHN570
S.P. Talukdar, J.1. The petitioner by filing the instant application under Section 482 of the Code of Criminal Procedure sought for quashing of the proceedings of B.G.R. Case No. 395/99 pending before the learned Court of Additional Chief Judicial Magistrate, Alipore. This relates to Jadavpur PS Case No. 51 dated 30th January, 1999 under Section 376/420 of the Indian Penal Code.2. The complaint was lodged by Smt. Ishita Deb in the Jadavpur Police Station alleging commission of offence punishable under Sections 376/420 of the Indian Penal Code thereby giving rise to Jadavpur Police Station case No. 51 dated 30th January, 1999. The complainant claimed to be self-employed English teacher who was residing alone for about two years before meeting the accused/petitioner. She is a graduate from St. Xavier's College with Honours in English. She was previously attached to Asoke Hall, Calcutta. Her pre-occupation with students, drama classes, music and painting, left her with hardly any time to ...
Thomas G. Rathina Raj Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Mar-13-2008
Reported in: AIR2008Cal250
ORDERBiswanath Somadder, J.1. Heard learned advocate appearing on behalf of the petitioner.2. The instant application has been filed before this Court under Section 24 of the Code of Civil Procedure 1908 seeking transfer of proceeding, being O.S. No. 3 of 2008, pending before the learned District Judge, Andaman & Nicobar Islands, Port Blair to any other Court, inter alia, on the ground that the present learned District Judge, Andaman & Nicobar Islands is not empowered to entertain, try and determine the aforesaid civil proceeding, for lack of jurisdiction.After considering the submissions made and upon perusing the instant application, I am unable to appreciate the contention of the petitioner herein, who has inter alia, stated that an application under Section 9 of the Arbitration and Conciliation Act, 1996, cannot be moved before the learned District Judge, because the regular District Judge is on leave, and the present District Judge has no power to deal with the civil cases.3. I am...
Central Bank of India and ors. Vs. Gour Nitya and Industries Ltd. and ...
Court: Kolkata
Decided on: Mar-13-2008
Reported in: AIR2008Cal207
1. We have heard the counsel for the parties at length. We have also perused the order passed by the learned single Judge. We are of the considered opinion that the judgment of the learned single Judge is well reasoned and in accordance with the settled principles of law. It is not in dispute before us that three different and distinct companies belonging to the same group hold separate bank accounts with the appellant-Bank. It is also not disputed that the securities for loan accounts of the individual companies are not inter mixed and are independent of each other. At some stage, one of the companies made an application for return of the security documents as it wanted to open an account with another bank. This request was denied by the appellant-Bank on the ground that either the Group closes all its accounts or none. In other words, the appellant-Bank is willing to allow the writ petitioners to maintain all the three accounts but would not permit the continuance of only two account...
- ‹ Prev
- 1
- 2
- 3
- 5
- 6
- 7
- Next ›
- Last »