Kolkata Court July 2008 Judgments
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Assistant Director of Narcotics Control Bureau Eastern Zonal Unit Vs. ...
Court: Kolkata
Decided on: Jul-25-2008
Reported in: (2008)4CALLT360(HC),2008CriLJ4520
Kishore Kumar Prasad, J.1. This appeal, by special leave of a Division Bench of this Court is by the Assistant Director of Narcotics Control Bureau, Eastern Zonal Unit, Calcutta against the judgment dated 4th April, 2001 passed by the learned Judge, Special Court under NDPS Act, 6th Court, Barasat in NDPS case No. 68/1997 whereby he had acquitted the respondent herein of having committed an offence punishable under Section 20(b)(ii) of the NDPS Act.2. The prosecution case is based on a complaint lodged by Radha Govind Pal (P. W. 1), Intelligence Officer (EZU), Calcutta and the case made out in the said complaint may be summarised thus:(a) Acting on an intelligence, a batch of Officers of Narcotic Control Bureau, Calcutta led by a Gazetted Officer had been to the spot at Bangur Avenue Bus Stand, V.I.P. Road on 18-12-1997 at 17.15 hours and found the respondent standing therein with a small black coloured old and used clothing bag in his right hand. The Officers introduced themselves to ...
Amar Kanti Barua Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-25-2008
Reported in: (2008)IVCALLT210(HC)
1. In spite of service of notice as well as despite appearance of the matter in the list for several times no one has appeared on behalf of the State.2. We have heard Mr. Saptangshu Basu, learned Counsel, appearing on behalf of the petitioner at length.3. Certified copy of the order as desired by us in terms of our dated 3rd June, 2008 has been produced before us, the same be kept on record.4. We feel the order dated 3rd April, 1995 would be relevant for deciding this matter.5. In this case the judgment and order dated 20th July, 2007 of the learned State Administrative Tribunal has been questioned. The fact in short is put hereunder:The applicant was provisionally appointed as L.D.C. by the State Government and was placed at the Office of the Rent Controller at New Secretariat Buildings. He completed continuous three years probationary period. In usual course he was expecting declaration of permanency and confirmation in stead of termination from services as he suppressed the material...
Satanu Tirki Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-23-2008
Reported in: 2008(4)CHN224
Sanjib Banerjee, J.1. The question which arises in this writ petition is as to whether the Government notifications conferring benefits on teachers acquiring additional qualifications in the subject relevant for the purpose of their instruction, continue to be operative notwithstanding the School Service Commission having been put into place and the West Bengal Schools (Control of Expenditure) Act, 2005 having come into effect.2. The writ petitioner joined as an assistant teacher in the Social Science group at the Khoksa Binapani Taposili High School on September 8, 1997. The petitioner's appointment was approved by the District Inspector of Schools (Secondary Education), North Dinajpur, in December, 1997. The petitioner's appointment was approved by the District Inspector of Schools (Secondary Education), North Dinajpur, in December, 1997. The petitioner says that he taught history at the school and he decided to obtain a master's degree in the subject in addition to the bachelors deg...
Union of India (Uoi) and ors. Vs. Ujigar Shaw Alias Ujagir Shaw
Court: Kolkata
Decided on: Jul-23-2008
Reported in: (2008)IVCALLT324(HC)
Kalyan Jyoti Sengupta, J.1. The applicant union of India represented through General Manager South Eastern Railway, and its officials have challenged the judgment and order dated 27th July, 2005 passed by the learned Central Administrative Tribunal (hereinafter in short referred to as Tribunal). The learned Tribunal by its impugned judgment and order has directed the applicants herein to grant pension and other retiral benefits to the applicants for the services alleged to have been rendered by him for the period of 17th June 1969 to 24th of April 1982 treating him regularly absorbed in Group C post as Motor Lory Driver {hereinafter in short ML Driver) as per rules. The fact of the case leading to filing of the above application before the Tribunal is as follows:Ujigar the respondent herein was engaged as a Substitute Peon in the office of Chief Electrical Engineer on and from 17th June 1969 and then was engaged as ML Driver with effect from 1st May, 1971 in the Container Service Organ...
Three Cheers Entertainment Pvt. Ltd. and ors. Vs. C.E.S.C. Ltd.
Court: Kolkata
Decided on: Jul-22-2008
Reported in: AIR2008Cal209,2009(1)CHN39,2008CriLJ4138
Pinaki Chandra Ghose, J.1. This appeal is directed against an Order dated 14th March, 2008 passed by the Hon'ble First Court holding the respondent's guilty for committing contempt of Court.2. The facts of the case briefly are as follows:A suit for defamation was instituted against the appellants and the pro forma respondent on 13th May, 2004 for telecasting programme against the CESC Ltd. in news Magazine under the name and style of 'Khoj Khabar'. In the said suit an interlocutory application was filed and the following reliefs were prayed as follows:Injunction be passed restraining the respondents and each one of them by themselves or by their servants, agents or otherwise from publishing or causing to be published by broadcasting/telecasting any defamatory programmes similarly to that as telecast on March 12, 2004, March 29, 2004 and April 30, 2004 contained in Annexures 'A' and 'B' hereto or otherwise in any manner whatsoever.3. On May 17, 2004, an order was passed by the Court in ...
Nemchand JaIn and Sons and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-22-2008
Reported in: AIR2008Cal262
Pinaki Chandra Ghose, J.1. This appeal is directed against an order dated 9th April, 2008. The Hon'ble First Court was pleased to dismiss the writ petition and held that while preparing the comparative statement of the credentials of the intending bidders, the Authorities due to an inadvertent slip did not record the financial structure as disclosed by the private respondent No. 4 and for such inadvertent slipping, the private respondent No. 4 cannot be made to . suffer.2. The other point which has been urged before the Hon'ble First Court by the writ petitioner that the private respondent No. 4 did not fulfill the eligibility criteria mentioned in Clause 2.1 of the Tender document i.e. the intended bidders were required to furnish the annual turn over for the last 5 years was also negated by the Hon'ble First Court. It is urged that the private respondent No. 4 has come into existence only 3 to 5 years prior to the issuance of the Tender notice, therefore, unable to produce papers rel...
Eastern Coal Fields Limited Vs. Central Government Industrial Tribunal ...
Court: Kolkata
Decided on: Jul-22-2008
Reported in: (2008)IVCALLT42(HC),2008(4)CHN640,[2008(118)FLR1176]
Ashim Kumar Banerjee, J. 1. Facts:Dispute relates to absorption of 14 mazdoors working in Shyamsunderpur Colliery belonging to Eastern Coalfields Limited, the appellant above named. Out of 14 mazdoors 12 were female being the respondent Nos. 4 to 15, They were widows of their respective husbands who died in harness while working in the said colliery as regular worker under the appellant. The respondent Nos. 16 and 17 are the sons of their respective fathers who also died in harness while working in the said colliery. Under the conditions of service they were entitled to be considered for compassionate appointment in place of the concerned deceased employee. In 1976 they were taken by the colliery as Clay Cartridge maker. Since then they were working as such. They raised an industrial dispute through Colliery Mazdoor Union a registered trade union under the affiliation of INTUC. Accordingly, the Central Government passed an order of reference as appears from page 73-74 of the Paper Book...
Santosh Jaiswal Vs. Cesc Limited and ors.
Court: Kolkata
Decided on: Jul-22-2008
Reported in: 2008(4)CHN630
Dipankar Datta, J.1. Whether a licence can be directed by a Writ of Mandamus to supply electricity to a prospective consumer thereof without he being in lawful occupation of the premises at which such supply is sought, is the question which falls for determination before this Court in this proceeding.2. Divergent views have been expressed by Hon'ble Division Benches and learned Single Judges of this Court while answering similar questions which arose for determination before Their Lordships.3. That a lawful occupier is alone entitled to electricity and a trespasser has no such entitlement in terms of Section 12(6) of the Electricity Act, 1910 (hereafter the old Act) has been laid down in the following decisions:a) 1989 (1) CLT 187 Associate Indian Mechanical Put. Ltd. and Anr. v. C.E.S.C. Ltd. and Ors.;b) 1995 (1) CHN 533 Surajbali Pandey & Co. v. CESC Ltd. and Ors.; andc) 1999 (1) CLJ 567 Aloke Sana v. Rina Ghosh and Ors. (DB).4. Recent decisions of this Court on interpretation of Sec...
Marshall Trexim (P) Ltd. and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-22-2008
Reported in: 2008(4)CHN815
Pinaki Chandra Ghose, J.1. This appeal is directed against a judgment dated 24th July, 2007 and an order dated 13th November, 2007 passed by the Pollution Control Appellate Authority (W.B.).The grievance of the writ petitioner that the learned Appellate Authority committed an error of law by not appreciating the appeal filed by respondent No. 10 is not maintainable under Section 28 of the Water (Prevention and Control of Pollution) Act, 1974 [hereinafter referred to as the 'said Act'].2. The facts of the case briefly are as follows:(a) One Mr. Ramlal Mullick purchased a premises No. 10 at Prince Anwar Shah Road, Kolkata on 6th September, 1927 in a Court shell. The said property in question now re-numbered as 22 and 24, Prince Anwar Shah Road and 2A, Prince Baktiar Shah Road, Kolkata respectively.(b) A Will was executed by the said Ramlal Mullick appointing Maharaja Manindra Chandra Nandy (since deceased) as executor and Smt. Annapurna Roy, the daughter of Ramlal Mullick as executrix of...
Mitali Sengupta and ors. Vs. Oriental Insurance Co. Ltd. and ors.
Court: Kolkata
Decided on: Jul-21-2008
Reported in: 2009ACJ250
B. Bhattacharya and R.N. Banerjee, JJ.1. Instead of disposal of the application, we propose to hear out the appeal itself by treating it as on day's list.2. This appeal is at the instance of the claimants in a proceeding under Section 166 of the Motor Vehicles Act, 1988 and is directed against the award dated 19.5.2005 passed by the Motor Accidents Claims Tribunal, First Court, Alipore in M.A.C. Case No. 85 of 2003 thereby disposing of the said application by directing the insurance company to pay a sum of Rs. 1,65,500 as compensation for the death in addition to Rs. 15,000 for medical expenditure.3. Being dissatisfied, the claimants have come up with the present appeal.4. After hearing Mr. Mondal, learned advocate appearing on behalf of appellants and Mr. Pahari, learned advocate appearing on behalf of the insurance company, we find that the involvement of the vehicle or the fact that the offending vehicle was covered by the insurance are not in dispute.5. It has also been held by the...
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