Kolkata Court April 2008 Judgments

Sri Karunamoy Kanjilal and ors. Vs. State of West Bengal and anr.

Court: Kolkata

Kalidas Mukherjee, J.1. This Second Appeal has been preferred by the plaintiffs/appellants assailing the judgment and decree passed by learned Civil Judge, Senior Division, Asansol in Title Appeal No. 76 of 2000 affirming the judgment and decree passed by learned Civil Judge, Junior Division, second Court, Asansol in T.S. No. 230 of 1991. The case of the plaintiffs/appellants in short is that the suit lands originally belonged to Bhujanga Bhusan Kanjilal (since deceased) in intermediary rights. Bhujanga Bhusan Kanjilal duly submitted return in 'B' Form under Section 6 of the West Bengal Estate Acquisition Act by exercising his option to retain the lands described in the schedule of the plaint along with other lands. Bhujanga Bhusan Kanjilal did not hold any land in excess of the ceiling limit prescribed under the West Bengal Estate Acquisition Act. Bhujanga Bhusan was under the impression that Khanda Khatians would be made in respect of the lands owned and possessed by him. He was in k...

Sri Tapan Kumar Pan and ors. Vs. the State of West Bengal and ors.

Court: Kolkata

Aniruddha Bose, J.1. The present writ application has been instituted by nine individuals, who are working at present in the posts of lower division clerks (excepting the petitioner No. 4 who is an upper division clerk) in the Uluberia Municipality constituted under the provisions of Bengal Municipal Act 1932. The petitioners were earlier working as Job Assistant/Secretaries of various gram panchayats in the district of Howrah. The Uluberia municipality was constituted in the year 1982 under the provisions of the Bengal Municipal Act, 1932 (1932 Act, in short). At that point of time the area comprised in the gram panchayats in which majority of the petitioners were serving was brought under the coverage of the Uluberia municipality. Subsequently, in the year 1993, another gram panchayat being Rameshwar Nagar was also brought within the jurisdiction of the Uluberia municipality.2. After constitution of the Uluberia municipality, the gram panchayats the territories of which were brought ...

Palash Roy Vs. the State of West Bengal

Court: Kolkata

Reported in: (2008)3CALLT109(HC)

Girish Chandra Gupta, J.1. This appeal is directed against a judgment dated 29th May, 2003, passed by the learned Additional Sessions Judge, Fast Track Court II, Krishnagar, Nadia, arising out of Sessions Case No. 70(4) of 2002 convicting the appellant under Section 302 of the Indian Penal Code and an order dated 30th May, 2003, by which the appellant was sentenced to suffer rigorous imprisonment for life as also to pay a fine of Rs. 3000/-; in default to suffer rigorous imprisonment for a further period of six months for the offence punishable under Section 302 of the Indian Penal Code.The prosecution case, in brief, is as follows:2. Atul Roy and his wife Smt. Anima Roy had two sons. The accused Palash Roy is their younger son. Atul Roy was suffering from ulcer in his leg. His wife, Smt. Anima Roy, was suffering from cardiac disease. In order to meet the expenses of treatment, Atul Roy wanted to sell his dwelling house. His younger son, Palash Roy, was opposed to this idea. This had b...

Pratik Marketing Pvt. Ltd. Vs. Pratap Properties Ltd. and ors.

Court: Kolkata

Reported in: (2008)3CALLT372(HC)

Pranab Kumar Deb, J.1. The dispute has a long chequered history. Genesis of the dispute between the land owner and the developer can be traced back to the mid eighties. M/s. Pratap Properties Ltd., being the owner of 210 cuttahs of land situated at Kishenlal Burman Road, Salkia, Howrah, had mortgaged the prime property to M/s. Morgan Walker & Co. Ltd. in the year 1977. On the failure of the mortgagor to pay the dues, the mortgagee namely M/s. Morgan Walker & Co. Ltd., filed the mortgage suit being Title Suit No. 12 of 1986 before the learned Court at Howrah. On 23/08/1986 the trial Court appointed a person as Receiver. The learned trial Court accorded liberty to the Receiver to appoint Darwan for protection of the property. The learned Receiver was also directed to submit a list of the tenants/occupiers residing therein. Meanwhile, M/s. Morgan Walker &. Co. Ltd. assigned its mortgage right to Salkia Estate Development Pvt. Ltd. Following an application made by Salkia, the learned trial...

Smt. Amita Kundu (Rana) Vs. the State of West Bengal and ors.

Court: Kolkata

Reported in: (2008)3CALLT453(HC)

Soumitra Pal, J.1. In this writ petition the petitioner has challenged the memo dated 12th January, 2007 and memo dated 11th April, 2007 issued by the Assistant Director, Directorate of Pension, Provident Fund and Group Insurance, Government of West Bengal, respondent No. 5 and the Pension Payment Order (for short 'the PRO.') deducting a sum of Rs. 91,903/- from her gratuity. Prayer has been made to pay the deducted amount along with interest at the rate of 18% per annum with effect from the date of retirement till the date of its actual disbursement. Directions have been prayed for release of the dues by allowing Grade A Pay Scale to the petitioner since she had obtained B.Ed, degree in terms of the memo dated 7th February, i967 ('1967 memo' for short) and G.O. dated 31st May, 1996 (for short '1996 G.O.').2. The facts of the case are that the petitioner, a graduate, on 1st March, 1972 joined the Natun Bazar Primary School, Midnapore as an assistant teacher. On 5th October, 1972 approv...

Bablu Oraon Vs. State of West Bengal

Court: Kolkata

Reported in: 2008(2)CHN1024

Girish Chandra Gupta, J.1. This appeal is directed against a judgment dated 17th Deceiober, 2003 passed by the learned Additional Sessions Judge, Fast Track Court, Alipurduar, in Sessions Trial No. 18/2003 arising out of Sessions Case No. 5/2003 convicting the appellant under Section 304 of the Indian Penal Code and an order dated 17th December, 2003 by which the appellant was sentenced to imprisonment for life as also to pay fine of Rs. 5,000/- in default to suffer further imprisonment for a period of one year for the offence punishable under Section 304 of the Indian Penal Code.2. Briefly stated the facts and circumstances of the case are as follows:17th November, 2001 was the day of Dewali. In the evening at about 8 p.m. Grabrial Munda, aged about 18 years, was stabbed in the abdomen by his friend Bablu, the appellant herein. He was taken to Hantapara Tea Garden Hospital where he was treated by P.W. 10 Dr. Panda. P.W.10 deposed as follows:The victim Grabrial (male 20/21 year) came t...

Ge India Industrial Pvt. Ltd. Vs. Second Labour Court and ors.

Court: Kolkata

Reported in: 2008(4)CHN338,[2008(119)FLR903],(2009)IILLJ214Cal

Debasish Kar Gupta, J.1. This is an application filed by the respondent No. 3 for payment of full wages under the provisions of Section 17B of the Industrial Disputes Act, 1947. It is stated in the above application that the applicant is still unemployed.2. It is submitted on behalf of the applicant that once the conditions prescribed in Section 17B of the Industrial Disputes Act, 1947 are complied with, then it is not open to a Writ Court to reject the application of the workman for granting full wages to him during the pendency of the writ application.3. Reliance is placed upon the decisions of Dena Bank v. Kiriti Kumar T. Patel reported in 1998(78) FLR 45, C.M. Sarafah v. E.E. Panchayat Raj Department and Anr. reported in 2000(1) LLJ 23 and Neelaiah G.M. v. Karnataka State Tourism Development Corporation and Anr., in support of the above submission.4. Appearing on behalf of the petitioner-company Mr. D.K. Ghosh draws the attention of this Court towards the deposition of the responde...

Munshi Abdul Mannaf and anr. Vs. Abdul Latif Mullick Founder of Wakf E ...

Court: Kolkata

Reported in: 2008(4)CHN686

Sadhan Kumar Gupta, J.1. This appeal has been preferred against the judgment passed by the Id. Additional District Judge, 2nd Court, Hooghly in Title Appeal No. 204 of 1991.2. It is the case of the plaintiff/appellant that the original plaintiff, since deceased, filed the Title Suit No. 19 of 1984 before the Id. Assistant District Judge praying for a decree of partition in respect of the properties, as mentioned in the schedule of the plaint. Said suit was contested by the respondent/defendant No. 5. After hearing the parties and upon consideration of the materials on record, the Id. Assistant District Judge by his judgment dated 28.6.1991 was pleased to decree the suit in preliminary form in favour of the plaintiff/appellant and thereby allowed the prayer for partition. Against that judgment the defendant No. 5 preferred an appeal before the Id. First Appellate Court who after hearing the parties was pleased to remand the suit back to the Trial Court by way of allowing the prayer, as ...

Divine Grace Apartments Owners' Welfare Association and Anr. Vs. Mussa ...

Court: Kolkata

Reported in: AIR2008Cal139

Indira Banerjee, J.1. This appeal is against an order dated 13th February, 2006 of the learned single Judge, disposing 1 of the writ application being W.P. No. 133 of 2006 filed by the respondent No. 1, inter alia, by directing the respondent No. 4, being the Officer-in-Charge of Shakespeare Sarani Police Station, to open the padlock on the eastern gate of Premises No. 33, Shakespeare Sarani, Kolkatta-700 017, hereinafter referred to as the said premises.2. Pursuant to a development agreement I executed by and between the respondent No. 1 and M/s. Swastik Private Ltd., hereinafter referred to as the Developer, the Developer constructed a residential building and/or block, a commercial building and/or block and a small two-storied house at the said premises.3. The respondent No. 1 has been allotted 4 flats in the residential block, two covering the entire first-floor, one on the second-floor and one on the third-floor. The respondent No. 1 has been residing at the two-storied house, beh...

Pratyush Kumar Jana and anr. Vs. New Howrah Bakery (Bapuji) Private Lt ...

Court: Kolkata

Reported in: (2008)3CALLT59(HC),2008(4)CHN143,LC2009(1)85,2009(40)PTC442(Cal)

Surinder Singh Nijjar, C.J.1. The defendants have filed this appeal against the judgment/order of the learned single Judge dated 21st February, 2008 whereby the appellants have been restrained from using the name 'Bapuji' in connection with any confectionery item. Since the parties have been litigating against each other in various fora, it would be appropriate to notice the essential facts as pleaded by the parties.2. The plaintiff 'New Howrah Bakery (Bapuji) Pvt. Ltd. is a Company incorporated on 1st January 1998 under the provisions of the Companies Act. It carries on business in manufacturing and selling of various kinds of bread, cakes, biscuits and confectionery products under the trade mark and name 'Bapuji'. Smt. Apama Jana was the owner of the trade mark and name 'Bapuji' and has been carrying on business as such since 1973. By a deed of sale dated 1st April 1998 she had transferred and assigned all rights in the trade mark and name to the plaintiff. Aparna Jana apart from bei...