Kolkata Court June 2008 Judgments
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Stephen Mondal Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-16-2008
Reported in: (2008)3CALLT190(HC)
Aniruddha Bose, J.1. The petitioner in the present application challenges the order of termination of his dealership of public distribution commodities. The impugned order was passed on 20th November 2007. The text of the order is reproduced below:It appears from the record that irregularities of serious nature were detected on inspection of the F.P. Shop on 8.01.2005 by a competent officer.On the basis of inspection report he was directed to show cause why departmental action will not be initiated against him (F.P.S. dealer). Mr. Stephen Mondal gave replies to show cause notice and he was also offered scope of hearing on 7.3.05. Both replies against show cause notice and deposition of hearing by the F.P.S. dealer was duly considered and it was held by the then Sub-Divisional Controller that the statement of the alleged dealer were far from the truth, concocted and not convincing at all. He decided that such Dealership be cancelled with the approval of competent authority.In view of th...
Sri Sri Kalimata Thakurani and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-16-2008
Reported in: (2008)3CALLT495(HC),2008(4)CHN220
1. By this application, the judgment and order dated 9th February, 2007 has been assailed. Shorn of all details, the fact of the case is that whether a plot of land is absolute debuttar property in order to create a charitable trust or endowment or it is a private in order to bring the said quantum of land within the purview of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as the said Act).2. Initially an order was passed by the Revenue Officer holding that the property in question is a private debuttar and this finding was challenged before the appellate forum, who has set aside the order and remanded the matter for fresh hearing and holding and determination. The Revenue Officer concerned, on remand, after holding an enquiry came to the fact finding that the property is a debuttar but it is a private debuttar and not a public trust or endowment.3. Admittedly, there has been no instrument recording the nature of the, debuttar, whether it is public or private. The Rev...
Prasanta Bardhan and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: Jun-16-2008
Reported in: 2008(4)CHN133
Girish Chandra Gupta, J.1. This appeal is directed against a judgment dated 15th March, 1999, by which the appellants, Prasanta Bardhan, Ashok Bardhan and their father, Pranabesh Bardhan were convicted under Section 498A/306 read with Section 34 of the Indian Penal Code by the learned Additional Sessions Judge, 14th Court, Alipore, 24-Parganas, in Sessions Trial No. 5(3) of 1996, and an order dated 16th March, 1999, by which the appellant No. 3, Pranabesh Bardhan, was sentenced to rigorous imprisonment for five years as also to pay a fine of Rs. 2,000/-, in default to suffer further imprisonment for a term of six months for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code. The convicts, Prasanta Bardhan and Ashok Bardhan, were sentenced to rigorous imprisonment for eight years each as also to pay fine of Rs. 2,000/- each, in default, to suffer imprisonment for a further period of six months each for the offence punishable under Section 306 read wit...
Dr. Subrata Sarkar Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-13-2008
Reported in: (2008)3CALLT304(HC)
Kalyan Jyoti Sengupta, J.1. The above application challenges order of the learned Tribunal dated 10th December, 2003 passed in T.A. No. 165 of 1998. It appears that by the judgment and order the learned Tribunal though upheld the basic grievance of the applicant, however, did not grant any relief.2. The fact of the case in short is stated hereafter. The petitioner was appointed on or about 25th March, 1981 through Public Service Commission as Clinical Instructor in the College of Nursing at Calcutta. However, she joined on 6th May, 1981 in the West Bengal General Service, Department of Health and Family Welfare. In or about 6th February, 1993 the petitioner having seen an advertisement published by the Public Service Commission, West Bengal applied for the post of Senior Lecturer and she was called to take test for selection. According to her, she performed well. In spite of that she was not selected for the said post. Having been unsuccessful she challenged the selection process which...
Shri Santosh Kumar JaIn and anr. Vs. Sri Vijay Kumar JaIn and ors.
Court: Kolkata
Decided on: Jun-12-2008
Reported in: (2008)1CALLT132(HC)
Biswanath Somadder, J.1. Heard the learned advocates appearing on behalf of the parties.2. This is an application under Article 227 of the Constitution of India primarily directed against an order, being Order No. 19 dated 7th, January, 2008 passed by the learned Judge, 10th Bench of City Civil Court at Calcutta in Title Suit No. 1843 of 2006.3. By the order impugned, the learned Court below while hearing a petition dated 2nd August, 2007 filed by the added defendants under Section 151 of the Code of Civil Procedure, proceeded to take up another petition which was filed by the plaintiffs on 9th October, 2007 and on the basis of the said petition of the plaintiffs, passed an order dismissing the suit for non-prosecution.For convenience the order impugned in its entirety is set out hereinbelow:Both parties file haziras.Today is fixed for hearing the petition dated 2.8.07 under Section 151 of the CPC filed by the petitioner/defendants Santosh Kumar Jain and Smt. Radha Rani Jain. Heard bot...
Latika Bhar and ors. Vs. Smt. Jyotsna Dey and ors.
Court: Kolkata
Decided on: Jun-11-2008
Reported in: 2008(3)CHN242
Bhaskar Bhattacharya, J.1. This First Miscellaneous Appeal is at the instance of the heirs of a judgment-debtor in the proceedings for execution arising out of a decree for sale in a Suit relating to Mortgage and is directed against Order No. 171 dated 26th March, 2002 passed by the learned Executing Court by which an application under Order 21 Rule 89 of the Code of Civil Procedure filed by the original judgment-debtor has been rejected.2. Being dissatisfied, the heirs and legal representatives of the judgmentdebtor have come up with the present appeal.3. The following facts are not in dispute:(a) The decree-holder obtained a decree for sale against the predecessor-ininterest of the appellants for a sum of Rs. 16,425/- with costs and filed Title Execution Case No. 51 of 1985 for recovery of Rs. 27,310/- by sale of the house property of the judgement-debtor being Premises No. 17, Roy Bagan Street, Calcutta-700 006.(b) In the said title execution case, the judgement-debtor filed an appl...
Smt. Roma Bose and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-11-2008
Reported in: (2008)3CALLT77(HC),2008(4)CHN181
Pranab Kumar Chattopadhyay, J.1. This appeal is directed against the judgment and order passed by the learned Single Judge whereby and whereunder the said learned Single Judge refused to entertain the writ petition of the appellants herein on the ground of availability of statutory appellate forum and, therefore, dismissed the same.2. From the records we find that the appellants herein filed the writ petition challenging the validity and/or legality of the declarations issued under various Memos all dated 31st January, 2008 by the competent authority under the Urban Land (Ceiling and Regulation) Act, 1976 whereby and whereunder the said competent authority and Sub-Divisional Officer, Sadar Alipore, 24-Parganas (South) in exercise of the powers conferred under Section 10(3) of the Urban Land (Ceiling and Regulation) Act, 1976 declared that the excess vacant lands referred to in the notifications published under Section 10(1) of the said Act are to be deemed to have been acquired by the ...
Sri Achintya Kumar Chattopadhyay and ors. Vs. the Steel Authority of I ...
Court: Kolkata
Decided on: Jun-11-2008
Reported in: AIR2008Cal184,(2008)3CALLT159(HC),2008(3)CHN1067
Pranab Kumar Chattopadhyay, J.1. This appeal has been preferred at the instance of the writ petitioners from the judgment and order passed by the learned Single Judge whereby and whereunder the said learned Single Judge dismissed the writ petition on merits.2. It has been submitted on behalf of the appellants that the lands owned by them and their ancestors were acquired by the State of West Bengal for Durgapur Steel Plant. It has been specifically submitted on behalf of the appellants that the Durgapur Steel Plant authorities could not utilise major portion of the aforesaid acquired lands and the said appellants are in possession of those unutilised lands. The writ petitioners have challenged the mode of utilisation of the excess lands by the requiring authority namely, Durgapur Steel Plant.3. Pursuant to the acquisition proceedings initiated by the State Government at the behest of the Durgapur Steel Plant, several plots of lands had been acquired in the year 1957 and compensation ha...
Smt. Krishna Dey and ors. Vs. National Insurance Company Ltd. and ors.
Court: Kolkata
Decided on: Jun-11-2008
Reported in: 2008(3)CHN978
Bhaskar Bhattacharya, J.1. This appeal is at the instance of the applicants under Section 166 of the Motor Vehicles Act and is directed against the award dated 30th April, 2003 passed by the learned Additional District Judge, 6th Court, Midnapore and the Motor Accident Claims Tribunal, in M.A.C. Case No. 329 of 2001 thereby disposing the said proceeding by directing the National Insurance Company, the insurer of the vehicle which was registered in the State of Orissa with which the vehicle driven by the victim collided resulting in his death, to pay a sum of Rs. 65,000/- as compensation.2. Being dissatisfied, the claimants have come up with the present appeal. It appears from record that the victim, namely, Tapan Kumar Dey, was the owner of a truck bearing WB-33/0243 and he was driving his own truck through the National Highway-42 when another truck bearing the Registration number ORY-7343 coming from the opposite side (hereinafter referred to as the Orissa-Vehicle) had a collision wit...
Krishna Dey and ors. Vs. National Insurance Co. Ltd. and anr.
Court: Kolkata
Decided on: Jun-11-2008
Reported in: 2009ACJ2068
Bhaskar Bhattacharya, J.1. This appeal is at the instance of the applicants under Section 166 of Motor Vehicles Act and is directed against the award dated 30.4.2003 passed by the learned Additional District Judge, Sixth Court, Midnapore and Motor Accidents Claims Tribunal in M.A.C. Case No. 329 of 2001 thereby disposing the said proceeding by directing National Insurance Co. Ltd., insurer of the vehicle which was registered in the State of Orissa with which the vehicle driven by the victim collided resulting in his death, to pay a sum of Rs. 65,000 as compensation.2. Being dissatisfied, the claimants have come up with the present appeal.3. It appears from record that the victim, namely, Tapan Kumar Dey, was the owner of a truck bearing No. WB 33-0243 and he was driving his own truck through National Highway 42 when another truck bearing registration No. ORY 7343 coming from the opposite side (hereinafter referred to as 'the Orissa vehicle') had a collision with the said truck, as a re...
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