Kolkata Court April 2008 Judgments

Smt. Charan Bala Biswas Vs. Shipping Corporation of India and anr.

Court: Kolkata

Reported in: 2008(3)CHN220

Bhaskar Bhattacharya, J.1. This first appeal is at the instance of a claimant in the proceedings under the Workmen's Compensation Act and is directed against an award dated 5th May, 2000 passed by the learned Commissioner, Workmen's Compensation, Second Court, West Bengal, in Claim Case No. 728 of 1994, thereby rejecting the application filed by the appellant.2. The case made out by the appellant in the application claiming compensation may be summed up thus:(a) One Moni Mohan Biswas, since deceased, the husband of the appellant, was a Donkey/Greaser, CDC No. 20031, a workman, employed by the respondent, received personal injury by an accident on 18th day of April, 1991, arising out of and in course of his employment, resulting in his death on 23rd day of August, 1992.(b) The cause of the injury was that while the deceased was working under the respondent in the vessel, named. Ex-MV 'Vishva Pankaj', due to the strenuous nature of the duty, he suddenly became sick and fell down on the s...

National Insurance Company Limited Vs. Shyamali Guhathakurta and ors.

Court: Kolkata

Reported in: 2009ACJ2384

Bhaskar Bhattacharya, J.1. This appeal is at the instance of an Insurance Company and is directed against the award dated 31st January, 2006 passed by the learned Judge, Motor Accident Claims Tribunal, 1st Court, Alipore in M.A.C. Case No. 174 of 2004 awarding a sum of Rs. 2,50,000/- in favour of the claimants.2. Being dissatisfied, the Insurance Company has come up with the present appeal.3. A pure question of law has arisen for determination in this appeal arising out of a proceeding under Section 166 of the Motor Vehicles Act. There is no dispute that the victim was a pillion rider on a Bajaj Pulsar Motorbike, owned by the insured, and the same was insured with the appellant based on the statutory third-party-risk coverage. According to the claimant, due to rash and negligent manner of driving by the driver of the said Motorbike, the victim had fallen down from the said Motorbike and died. In this case, no other vehicle is involved.4. According to Mr. Singh, the learned advocate app...

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

Court: Kolkata

Aniruddha Bose, J.1. The petitioner herein challenges an order of dismissal of his service from the post of constable in the Central Industrial Security Force (CISF) after conclusion of disciplinary proceeding. The charge against the petitioner, as reflected in the final order of dismissal (Annexure P2 to the writ petition) is reproduced below:That, the said No. 874140031 Constable Inderpal Singh of CISF Unit, Durgapur is hereby charged with gross indiscipline and dereliction in that he deserted the Unit Lines from 1315 hrs. on 20-3-92 without leave or prior permission from the competent authority which amounts to neglect of duty on the part of the said member and is violation to the provision of CISF Act 18 of 1968....The final order was passed by the disciplinary authority on 29th September 1992 awarding the punishment of dismissal, which was appealed against by the petitioner. On 18th March 1993 the appellate authority rejected the appeal against the order of the disciplinary author...

National Insurance Company Ltd. Vs. Shyamali Guhathakurta and ors.

Court: Kolkata

Reported in: AIR2008Cal155

Bhaskar Bhattacharya, J.1. This appeal is at the instance of an Insurance Company and is directed against the award dated 31st January, 2006 passed by the learned Judge, Motor Accident Claims Tribunal, 1st Court, Alipore in M.A.C. Case No. 174 of 2004 awarding a sum of Rs. 2,50,000/- in favour of the claimants.2. Being dissatisfied, the Insurance Company has come up with the present appeal.3. A pure question of law has arisen for determination in this appeal arising out of a proceeding under Section 166 of the Motor Vehicles Act. There is no dispute that the victim was a pillion rider on a Bajaj Pulsar Motorbike, owned by the insured, and the same was insured with the appellant based on the statutory third-party-risk coverage. According to the claimant, due to rash and negligent manner of driving by the driver of the said Motorbike, the victim had fallen down from the said Motorbike and died. In this case, no other vehicle is involved.4. According to Mr. Singh, the learned advocate app...

Sunil Kumar Ghosh and ors. Vs. State of West Bengal

Court: Kolkata

Reported in: (2008)3CALLT16(HC)

Girish Chandra Gupta, J.1. This appeal is directed against a judgment and order dated 30th March 2005 and 31st March 2005 passed by the learned additional sessions Judge, 3rd Court, Suri. Birbhum, in Sessions Trial No. 9 of August 2002 arising out of sessions case No. 26 of 1995 by which all the 26 appellants were convicted under Section 148 of the Indian Penal Code and were sentenced to suffer rigorous imprisonment for a period of three years. The appellants No. 1 to 13 were also convicted under Section 302 read with Section 149 of the IPC; under Section 436 read with Section 149 of the IPC and under Section 201 read with Section 149 of the IPC. They were sentenced to rigorous for life as also fine of Rs. 8000/- each, in default to suffer further rigorous imprisonment for two years for the offence punishable under Section 302 read with Section 149 of the IPC. They were also sentenced to suffer rigorous imprisonment for 10 years as also to pay a fine of Rs. 8000/- each, in default to s...

Kolkata Municipal Corporation and ors. Vs. Kanak Projects Ltd. and anr ...

Court: Kolkata

Reported in: AIR2008Cal175

Pratap Kumar Ray, J.1. Heard the learned Advocates appearing for the parties.2. Challenging the order dated 20th September, 2007 passed by the Learned Trial Judge in W.P. No. 2173 of 2004 allowing the application being G.A. No. 3560 of 2006 for amendment of the writ application whereby amendment was sought for seeking declaration of the Court that Section 192 of Kolkata Municipal Corporation Act, 1980 is ultra vires, this application has been preferred by the Kolkata Municipal Corporation. There is a delay in preferring this appeal for about 118 days. We are considering the averments made in paragraph 5 assigning the reason for such delay which is set out be low:5. That after the said Judgment and Order dated September 20, 2007 was passed, the Law Department of the KMC intimated the concerned department of the KMC about such order and the concerned department, in turn, intimated the appropriate and higher authority of the KMC regarding the same. The appropriate and higher authority ask...

Ananya Banerjee Vs. Samarendra Nath Banerjee

Court: Kolkata

Reported in: 2008(2)CHN833

Bhaskar Bhattacharya, J.1. This first appeal is at the instance of a wife in a suit for divorce on the ground of non-compliance of a decree for restitution of conjugal right, and this appeal is preferred against the judgment and decree dated 27th April, 2004 passed by the learned Additional District Judge, Second Court, Burdwan, in Matrimonial Suit No. 23 of 1999.2. The facts giving rise to filing of the present appeal may be summed up thus:(a) The parties were married on 7th December, 1981 according to the Hindu rites and customs and a male child was born in the said wedlock.(b) The husband, an employee of the State Bank of India, was posted in Chittaranjan, where he used to live in his official quarter. After marriage, the respondent started living at the quarter of the husband but subsequently they started residing at a newly constructed house of the husband at Burdwan town from November, 1985 for the purpose of treatment of their son and the husband used to visit the house at Burdw...

Kolkata Municipal Corporation Vs. Humayun Properties Limited

Court: Kolkata

Reported in: 2008(3)CHN96

Bhaskar Bhattacharya, J.1. This first miscellaneous-appeal is at the instance of a defendant in a suit for permanent injunction and is directed against the Order No. 9 dated 5th May, 2007 passed by the learned Trial Judge by which the said Court has allowed an application under Order 39 Rules 1 and 2 of the Code of Civil Procedure filed by the plaintiff-respondent thereby restraining the appellant from conducting any hearing in respect of Notice No. 01021400/HO/KMC and Notice No. 01021401/HO/KMC prior to the hearing of the earlier notice dated June 6, 2006 with a liberty given to the Corporation to pray for modification of the order after the conclusion of the hearing of the notice dated June 6, 2006.2. Being dissatisfied, the Kolkata Municipal Corporation has come up with the present first miscellaneous-appeal.3. The respondent herein filed a suit for permanent injunction in the Ninth Bench, City Civil Court at Calcutta, being Title Suit No. 160 of 2007, thereby praying for permanent ...

Charan Bala Biswas Vs. Shipping Corporation of India Ltd. and anr.

Court: Kolkata

Reported in: 2009ACJ2345

Bhaskar Bhattacharya, J.1. This first appeal is at the instance of a claimant in the proceedings under the Workmen's Compensation Act and is directed against an award dated 5.5.2000 passed by the learned Commissioner, Workmen's Compensation, Second Court, West Bengal in Claim Case No. 728 of 1994, thereby rejecting the application filed by the appellant.2. The case made out by the appellant in the application claiming compensation may be summed up thus:(a) One Moni Mohan Biswas, since deceased, the husband of the appellant, was a donkeyman/greaser, C.D.C. No. 20031, a workman employed by the respondent, received personal injury by an accident on 18.4.1991, arising out of and in course of his employment, resulting in his death on 23.8.1992.(b) The cause of the injury was that while the deceased was working under the respondent in the vessel, named Ex-MV 'Vishva Pankaj', due to strenuous nature of the duty, he suddenly became sick and fell down in the ship at the Bombay Port, causing ser...

Dr. Vikramjit Singh Rohatgi and anr. Vs. Smt. Provabati Das and ors.

Court: Kolkata

Jyotirmay Bhattacharya, J.1. This Second Appeal is directed against the judgment and decree dated 23rd September, 2003 passed by the learned Additional District Judge, 6th Court at Alipore in Title Appeal No. 402 of 2001 heard analogously with Title Appeal No. 3 of 2002 affirming the judgment and decree passed by the learned Civil Judge (Senior Division), 1st Court at Alipore in Title Suit No. 30 of 1990 heard analogously with Title Suit No. 68 of 1991. Two suits were filed by the parties against each other.2. Title Suit No. 30 of 1990 was filed by Smt. Provabati Das the respondent No. 1 herein inter alia praying for a decree for eviction of her licensee namely Mrs. Usha Rohatgi since deceased, on termination of her licence. Since the said licensee was claiming her tenancy right in respect of the suit property, an alternative relief for eviction of the said defendant was prayed for, upon service of notice under Section 13(6) of the West Bengal Premises Tenancy Act on various grounds in...