Kolkata Court July 2008 Judgments
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Aparna Das and ors. Vs. National Insurance Co. Ltd. and anr.
Court: Kolkata
Decided on: Jul-21-2008
Reported in: 2009ACJ856
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 163-A of the Motor Vehicles Act and is directed against an award dated 17.5.2005 passed by the Motor Accidents Claims Tribunal, Uttar Dinajpur at Raiganj in M.A.C. Case No. 181 of 2002 thereby disposing of such a claim application by awarding a sum of Rs. 1,00,000 to the claimants.3. Being dissatisfied, the claimants have come up with the present appeal.4. After hearing Mr. Mondal, learned advocate appearing on behalf of the appellants and Mr. Pahari, the learned advocate appearing on behalf of the insurance company and after going through the materials on record, we find that the learned Tribunal below on the basis of the materials on record specifically came to the conclusion that the victim was a man aged 38 years and that he was involved in the accident by which the offending vehicle stru...
Dhirendra Nath Purkait Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-18-2008
Reported in: (2008)3CALLT308(HC),2008(3)CHN771,[2008(119)FLR441],(2009)ILLJ685Cal
Soumitra Pal, J.1. In the writ petition the petitioner, a superannuated approved assistant teacher in Taldi Mohan Chand High School (H.S.), has challenged the deduction of Rs. 65,125/- by the State from his gratuity as evident from the Pension Payment Order (for short 'the PPO') dated 9th September, 2002.2. The facts are that the petitioner was appointed on 1st January, 1966. Such appointment was approved by the District Inspector of Schools (SE) South 24 - Parganas vide order No. 380/Ali/G dated 30th June, 1966. Initially the scale of the petitioner was fixed at Rs. 350/-per month. Subsequently, with effect from 1st April, 1981 the scale of pay was revised as per Government Order No. 372-Edn.(B) dated 31st July, 1981 under ROPA 1981 at Rs. 660/-per month From time to time the scale of the petitioner was revised as per ROPA 1990 and ROPA 1998. On 1st April, 1999 the scale of pay with additional increment was Rs. 9325/-. The revision of scale of pay and fixation of pay were recorded by ...
Sri Asit Baran Bhattacharya Vs. Smt. Gouri Bhattacharya
Court: Kolkata
Decided on: Jul-18-2008
Reported in: (2008)3CALLT322(HC),II(2008)DMC726
Bhaskar Bhattacharya, J.1. This first appeal is at the instance of a husband in a suit for divorce on the grounds of cruelty and desertion and is directed against the judgment and decree dated 4th March 1998, passed by the Additional District Judge, First Court. Howrah, in Title Suit No. 149 of 1989, thereby dismissing the said suit.Being dissatisfied, the husband has come up with the present first appeal.2. The appellant filed a suit being Matrimonial Suit No. 149 of 1989 in the Court of District Judge, Howrah, against the respondent for divorce and the case made out by the appellant may be summed up thus:(a) The parties are Hindu and their marriage was solemnized on 21st July, 1987 at Baruipur. The marriage was a negotiated one on the basis of advertisement given by the husband of the respondent's mother's sister who took initiative for the negotiation while the respondent's second brother, namely, Subhas, settled the marriage pursuant to negotiation.(b) Since the date of marriage, t...
Smt. Arati Das Vs. Smt. Bharati Sarkar and ors.
Court: Kolkata
Decided on: Jul-18-2008
Reported in: AIR2009Cal8,(2008)3CALLT470(HC),2008(4)CHN20
Bhaskar Bhattacharya, J.1. This first appeal is at the instance of a plaintiff in a suit for partition and pre-emption and is directed against order dated 31st August, 2000 passed by the learned Civil Judge, Senior Division, Eighth Court, Alipore, District - South 24-Parganas, in Title Suit No. 2 of 1988 thereby passing a preliminary decree declaring one-third share of the plaintiff in Item Nos. 1 and 2 of Schedule and also declaring the right, title and interest of the plaintiff to the extent of half share in Item No. 3 of the Schedule 'A'. The prayer for decree for pre-emption, however, was refused.2. Being dissatisfied, the plaintiff has come up with the present appeal. The case made out by the plaintiff may be summed up thus:(a) The property mentioned in the schedule of the plaint belonged to one Keshoblal Das, the father of the plaintiff, who died on 23rd January, 1983 leaving his widow and two daughters including the plaintiff as his only heirs and legal representatives. Accordin...
Atanu Ranjan Ghosh Vs. Arup Ranjan Ghosh
Court: Kolkata
Decided on: Jul-18-2008
Reported in: AIR2009Cal76,(2008)3CALLT445(HC),2008(3)CHN987
Bhaskar Bhattacharya, J.1. This first appeal is at the instance of a plaintiff in a suit for partition and is directed against the judgment and decree dated 16th July, 2005 passed by the learned Civil Judge (Senior Division), Third Court, Alipore, in Title Suit No. 189 of 2004 thereby decreeing the suit in part in preliminary form; the parties were directed to partition by meets and bounds the property described in Schedule 'A' of the plaint. The learned Trial Judge, however, dismissed the prayer of partition in respect of the property described in Schedule 'B' property which is a flat belonged to the father of the parties as a member of a Co-operative Housing Society who nominated the said flat in favour of the defendant.2. The learned Trial Judge was of the view that by virtue of such nomination, the defendant has attained absolute title over the said property and therefore, no decree for partition could be passed in respect of that flat.3. Being dissatisfied, the plaintiff has come ...
Howrah Ganatantrik Nagrik Samiti and ors. Vs. State of West Bengal and ...
Court: Kolkata
Decided on: Jul-18-2008
Reported in: AIR2008Cal271
Surinder Singh Nijjar, C.J.1. Mr. Datta has placed on the record a supplementary affidavit on behalf of the petitioner affirmed on 15th July, 2008. In this affidavit it has been stated that the emissions from the two-stroke engine are much higher than that from four-stroke engine. However, the three wheelers in the city are fitted with only two-stroke engine. Considering the tremendous environmental hazards from three wheelers, different cities of the country have converted to eco-friendly modes by using L.P.G. or C.N.G. However, the auto-rickshaws, the engines of which have been found unsuitable for conversion in various cities like Delhi, Mumbai, Bangalore, Hyderabad, Ahmedabad and Baroda have migrated to other cities of the country including Kolkata. This, therefore, has added to an already existing emergent pollution control problem. It is also stated that most of the auto-rickshaws which have migrated from other cities are over 15 years of age as they have been banned in the citie...
Hare Krishna Sardar Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-18-2008
Reported in: (2009)IIILLJ486Cal
ORDERSoumitra Pal, J.1. In the writ petition the petitioner, a superannuated approved assistant teacher in Kamrabad Uchcha Vidyalaya, has challenged the deduction of Rs. 94,342/- by the State from his gratuity as evident from the Pension Payment Order (for short 'the PPO') dated February 2, 2006.2. The facts are that the petitioner was appointed on January 1, 1967. Such appointment was approved by the District Inspector of Schools (SE) South 24 Parganas vide order No. 1083 dated July 29, 1974. Initially the scale of the petitioner was fixed at Rs. 300/- per month. Subsequently, with effect from April 3, 1981 the scale of pay was revised as per Government Order No. 372-Edn.(B) dated July 31, 1981 under ROPA 1981 at Rs. 520/- per month. From time to time the scale of the petitioner was revised as per ROPA 1990 and ROPA 1998. On April 1, 1999 the scale of pay with additional increment was Rs. 9175/-. The revision of scale of pay and fixation of pay were recorded by the school authority in...
Howrah Ganatantrik Nagarik Samity Vs. State
Court: Kolkata
Decided on: Jul-18-2008
Reported in: 2008(4)CHN540
S.S. Nijjar, C.J.1. We have heard Mr. Datta and we have heard the Municipal Corporation also. Mr. Datta points out that the outlying canals surrounding the area of Kolkata Municipal Corporation are in the control of authorities other than the Corporation. In fact the responsibility seems to be split up between three different departments of the West Bengal Government. If the outer canals are appropriately cleaned to guarantee free flow of water, the natural drainage system which is available to Kolkata would perhaps be restored. However, since no action has been taken on the aforesaid, the city has to suffer from waterlogging on each occasion when there is a heavy downpour of rain. It has also been pointed out by Mr. Datta that even within the city, Kolkata Municipal Corporation has not been able to take sufficient steps to prevent the waterlogging in certain areas of the city.2. In reply Mr. Ghosh has submitted that all necessary action pursuant to the report submitted by WHO have bee...
Sri Debdas Mishra Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-16-2008
Reported in: (2008)3CALLT570(HC)
Tapan Kumar Dutt, J.1. We have heard the learned Counsels for the respective parties.2. The respondent No. 3 in the writ petition has filed the instant appeal challenging an order dated 5th December, 2007 whereby the appellant's appointment to set up and operate the Youth Computer Training Centre in Egra was set aside and the state-respondents were directed to offer appointment to the respondent No. 3 (petitioner in the writ petition) for setting up and running a Youth Computer Training Centre at Egra.3. It appears from a perusal of the order under challenge in this appeal that the respondent No. 3 had filed the writ petition challenging the selection and appointment of the appellant for setting up a Youth Computer Training Centre at Egra, and for the respondent No. 3's appointment to set up such Youth Computer Training Centre.4. The Hon'ble single Judge has found that the appellant was not a candidate in the selection process which was in dispute in the said writ petition and there wa...
Pannalal Sagarmal Vs. Central Bank of India
Court: Kolkata
Decided on: Jul-16-2008
Reported in: AIR2008Cal285,2008(4)CHN208
ORDERSanjib Banerjee, J.1. The plaintiff seeks a decree for eviction in this application under Chapter XIII-A of the Rules on the Original Side of this Court.2. In 1962 the defendant was inducted at premises No. 4, Synagogue Street under a registered lease for a period of 21 years commencing April 1, 1963. The lease expired by efflux of time in April, 1984 but the defendant continued in possession with the apparent consent of the landlord. By a letter of November 15, 1985 the defendant-Bank informed the plaintiff that it desired to enter into an agreement for lease of the said premises for a period of seven years with the opinion of renewal reserved unto it for two successive periods of seven years each. The defendant proposed that the rent be Rs. 68,992/- per month at the rate of Rs. 11 /-per sq. ft. for the 6272 sq. ft. area with the rate being increased by 15 per cent for either of the two extended periods. No immediate formal agreement was executed but the defendant continued in po...
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