Kolkata Court May 2008 Judgments

Jabir HossaIn Vs. State of West Bengal

Court: Kolkata

Reported in: 2008(4)CHN363

Partha Sakha Datta, J.1. By this application under Section 397/401 read with Section 482 of the Cr.PC prayer is made for quashing of a chargesheet being chargesheet No. 12 of 2004 dated 28.02.2004 arising out of Falakata PS Case No. 91 of 2003 dated 26.11.2003 under Section 135 of the Indian Electricity Act read with Section 379 of the IPC pending before learned Additional Sessions Judge, Special Court (Electricity Act), Jalpaiguri. Also is challenged the order dated 30.08.2005 passed by the said learned Judge issuing warrant of arrest against the petitioner.2. Assistant Engineer, WBSEB lodged an FIR with the OC Falakata PS on 26.11.2003 against this petitioner alleging that he had been to the premises of the petitioner situated at Uttar Deogaon, Jateswar, Dist-Jalpaiguri accompanied by the officials of the WBSEB, conducted inspection of the premises and found the petitioner dishonestly tapping the overhead services facility of WBSEB for. running a Husking Mill of 10 H.P. Seizure was m...

Partha Sarathi Ghosh Vs. Maa Construction and ors.

Court: Kolkata

Reported in: AIR2008Cal171,2008(3)CHN72

Ashim Kumar Banerjee, J.1. The appellant and the respondent No. 2 were the owners of a land and building measuring 5 cottah 14 chataks and 12 sq, ft, mere or less being plot No. 196/898, Khattan No. 449 In Mouza - Ban Hooghly within the local limits of Baranagar Municipality In the district of 24-Parganas (North). They entered into a development agreement with the respondents No. 1 being a partnership firm of which respondent No. 1(a), 1(b) and 1(c) were the partners, for construction of a building on the said land in question. The property was originally owned by one Usha Rani Ghosh since deceased who by her last Will and testament bequeathed the said property to the appellant and the respondent No. 2. By the said agreement it was agreed that the developers would do necessary act and make an endeavour for obtaining probate of the Will of the said Smt. Usha Rani Ghosh since deceased. They would also upon taking possession of the said property measure and survey of the said property and...

Smt. Lila Sarangi Vs. the State of West Bengal and ors.

Court: Kolkata

Reported in: (2008)3CALLT125(HC),2008(3)CHN459

Sadhan Kumar Gupta, J.1. Being aggrieved by the decision dated 21/7/2006 of the learned single Judge of this Court passed in W.P. No. 8184 (W) of 2006, this appeal has been preferred.2. The writ petition was filed by the petitioner/appellant praying for issuance of writ of mandamus commanding the respondents to permit the petitioner to resubmit her revised option changing thereby from contributory provident fund to pension scheme including family pension-cum-gratuity. It is alleged by the appellant/petitioner that in the year 1972 she was appointed as an assistant teacher in the Amarshi Brindaban Chandra Girls' Higher Secondary School within the district of Midnapore, presently known as Purba Midnapore. Subsequently in the year 1985 the State Government issued a notification under Memo. No. 136-Edn(B) dated 15.5.1985 for availing the opportunity of contributory Provident Fund-cum-Gratuity. Pursuant to that notification the petitioner exercised her option with a view to avail the opport...

Amar Nath Chowdhury and ors. Vs. Union of India (Uoi) and ors.

Court: Kolkata

Reported in: [2008(118)FLR246]

Kalyan Jyoti Sengupta, J.1. I have had the benefit of reading the draft judgment of my learned Brother and I record my concurrence with the order passed by His Lordship, however, I wish to add a few words of my own. The fact of the case has been recorded in details by my learned Brother, the summary of which is that the applicants worked as casual workers in the establishment of Geographical Survey of India and they performed their duties in various positions such as clerk, machine operator, cable operator, store keeper etc. They rendered continuous service for 206 days or: more in a single year or in two consecutive years from the date of 1984 until they were disengaged by an order dated 17th May, 1990. They claimed that by virtue of Office Memorandum dated 26th October, 1994 they were entitled to be regularized instead of being disengaged going by the number of days they worked. Being aggrieved by the order of disengagement 35 casual workers along with the present applicants filed an...

Kamalesh Adgiri Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: [2008(118)FLR777]

K.J. Sengupta, J.1. This matter was heard on 4th March, 2008 and again on 1.1th March, 2008. On 4th March, 2008 learned lawyer for the State Mr. Saibal Acharya appeared. However, on 11th March, 2008 none appears on behalf of the State. This application is against an order of the learned Tribunal dated 19th October, 2001 by which the applicant's challenge against departmental order of rejection of claim for appointment on compassionate ground was dismissed. The fact is recorded in short as follows:One Nalini Ranjan Adgiri, since deceased is the father of the present petitioner and he was working before his. death as Foreman, Industrial Training Institute, Haldia in the District of East Midnapore under the Director of Industrial, Training, West Bengal. He died-in-harness on 27th May, 1996. The petitioner, being science graduate and also having obtained a diploma certificate in information technology from the Government of West Bengal immediately after the death of his father made his app...

Tata Tele Services Limited Vs. State

Court: Kolkata

Reported in: 2008(4)CHN370

Arunabha Basu, J.1. Heard learned Advocate for the petitioner. In view of the grounds highlighted in the application, particularly in view of the fact that at the initial stage the learned Magistrate dismissed the petition of complaint under Section 203 Cr.PC, I am of the view that the matter can be decided without directing issuance of notice to the opposite party. The learned Advocate for the petitioner submitted that in view of Section 145 of the NI Act, 1881, it was open to the petitioner to give evidence on affidavit. Sub-section (1) of Section 145 of the NI Act makes it absolutely clear that such evidence on affidavit can be read at the time of any enquiry, trial or other proceeding.2. The word enquiry will be applicable so far as the present case is concerned because the learned Magistrate after taking cognizance was conducting enquiry in terms of Section 200 Cr.PC and as such the provision as prescribed under Special Act should have been taken into consideration. It appears tha...

Purnendu Biswas Vs. State of West Bengal and ors.

Court: Kolkata

Pratap Kumar Ray, J.1. Writ application being W.P. 409 (W) of 2003 filed by Sri Purnendu Biswas seeking a writ of mandamus commanding the respondents to delete the name of respondent No. 6, Sri Sukhen Sarkar and respondent No. 7, Sri Asim Chakraborty, from the panel of selected candidates for the post of Clerk of the Majdia Rail Bazar High School within the district Nadia, hereinafter referred to as 'concerned school' for brevity, who stood first and second in the panel respectively and thereby recasting the panel to accord approval showing the writ petitioner as a first candidate for appointment, the writ application being W.P. No. 12409 (W) of 2001 filed by said Sri Purnendu Biswas as writ petitioner seeking writ of mandamus commanding the respondents to allow the appearance of the writ petitioner in the interview for the post of Clerk in the concerned school, wherein an interim order was passed on 24th August, 2001 directing the respondent to allow appearance of the writ petitioner ...

Binayak Sarkar Vs. Shuvam Watch Straps P. Ltd.

Court: Kolkata

Reported in: [2008]144CompCas384(Cal),(2008)4CompLJ311(Cal),[2009]90SCL178(Cal)

Indira Banerjee, J.1. This application under Sections 433, 434 and 439 of the Companies Act, 1956, has been filed for winding up of Shuvam Watch Straps P. Ltd., hereinafter referred to as the company.2. The petitioning creditor claims to carry on business relating to inter alia advertising and publicity under the name and style of M/s. T. Sarkar. According to the petitioning creditor, the business was initially started by the father of the petitioning creditor in partnership with the petitioning creditor. After the death of the petitioning creditor's father, the partnership business has been continued by the petitioning creditor as the sole proprietor, under the same business name.3. The partnership firm M/s. T. Sarkar, of which the petitioning creditor was a partner, along with his father, since deceased, was appointed marketing and publicity agent of the company.4. Pursuant to the aforesaid agreement, whereby the firm was appointed advertising and publicity agent of the company, the ...

Eastern Coalfield Ltd. Vs. Niranjan Chatterjee and ors.

Court: Kolkata

Reported in: [2009(121)FLR1080],(2008)IIILLJ439Cal

ORDERDebasish Kar Gupta, J.1. The subject matters of challenge in this writ application are the order dated December 24, 1990 passed by the respondent No. 3 referring a dispute for adjudication to the Central Government Industrial Tribunal-cum- Labour Court, Asansol and the award dated December 21, 2004 passed in reference No. 5/1999 by the Central Government Industrial Tribunal-cum-Labour Court, Asansol.2. The petitioner is a Government Company within the meaning of Companies Act, 1956. By reason of enactment or Coal Mines (Nationalization) Act, 1973, the right, title and interest of the petitioner company, being a Colliery, vested in the Central Government. According to the petitioner company the respondent No. 1 was a permanent employee under the petitioner company and he was posted at Kumardihi 'A' Colliery in the capacity of clerk. The date of retirement of the respondent No. 1 from the services of the petitioner company on attaining the age of retirement on superannuation was Apr...

Rajkumar Gandhi and ors. Vs. First Labour Court and ors.

Court: Kolkata

Reported in: [2008(118)FLR1032],(2008)IIILLJ775Cal

ORDERDebasish Kar Gupta, J.1. The petitioner files this writ application challenging the award dated January 29, 1996 passed by the Labour Court, West Bengal in case No. VIII-C-161/88. By virtue of the above award the Learned Court below directed the firm of the petitioners to reinstate the respondent No. 3 with payment of 50% of the back wages.2. The petitioners are the partners of a firm, namely M/s. R.K. Engineering Corporation (hereinafter referred to as the said firm). The respondent No. 3 was working as a Latheman in the said firm. The respondent No. 3 was convicted and sentenced to a fine of Rs. 60 and in default to suffer simple imprisonment for six days with further direction to refund an amount of Rs. 75 to the Employees State Insurance Corporation within a month by an. order dated December 16, 1985 passed by the Learned Additional Chief Judicial Magistrate, Sealdah.3. The petitioner was served with a charge-sheet dated December 28, 1985 by the authority of the said firm. The...