Kolkata Court July 2008 Judgments
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Anil Kumar Mayra Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-10-2008
Reported in: (2008)3CALLT430(HC)
Pranab Kumar Chattopadhyay, J.1. This appeal has been preferred at the instance of the writ petitioner assailing the judgment and order passed by the learned single Judge whereby and where under the said learned single Judge dismissed the writ petition without granting any relief to the appellant herein.2. The learned single while refusing to interfere in the matter specifically observed that although the writ petitioner has approached this Court at a belated stage even then the Director of School Education, West Bengal was directed by this Court to consider his representation and the said Director of School Education in compliance with the said direction disposed of the said representation of the writ petitioner by a speaking order. The learned single Judge, however, did not decide the validity, legality or correctness of the aforesaid order passed by the Director of School Education, West Bengal.3. It appears from the records of this case that the appellant/writ petitioner herein was...
Garden Reach Ship Builders and Engg. Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-10-2008
Reported in: (2008)IVCALLT13(HC),2009(1)CHN145
Tapan Kumar Dutt, J.1. This Court has heard the learned Counsel for the petitioner and also the learned Counsel for the respondent No. 3, who appeared at the time of hearing to contest the writ petition.2. Industrial Dispute arose between the petitioner (M/s. Garden Reach Ship Builders and Engineers Limited) and its workmen represented by (1) GRSE Staff Association. (2) GRW Limited Clerks' Union, (3) GRW Mazdoor and Staff Union, and the Government of West Bengal, Labour Department by its order dated 07.03.1983 referred to the said dispute to the 7th Industrial Tribunal, West Bengal under Section 10 of the Industrial Disputes Act, 1947 for adjudication. The issue that was framed in this regard was as follows:Whether Card Writers/Record Keepers of the Company are entitled to same pay, dearness allowance and other benefits as enjoyed by the clerks of the Company ?3. The petitioner filed its written statement and the GRSE Staff Association (hereinafter referred to as Staff Association), th...
Turner Morrison Limited Vs. National Insurance Company Limited
Court: Kolkata
Decided on: Jul-10-2008
Reported in: (2008)IVCALLT98(HC)
Jayanta Kumar Biswas, J.1. The Court: Seeking decrees for recovery of possession of the suit property and mesne profits the plaintiff instituted the suit on August 18th, 2005. The defendant entered appearance and filed written statement on November 19th, 2005. By order dated February 27th, 2006 prayer for amendment of the written statement was allowed, and the amended written statement was filed.2. The plaintiff's case is this. It is the owner of premises No. 6, Lyons Range, Kolkata-700001. By and under an agreement dated August 31st, 1987 it let out to the defendant a portion measuring about 10855 sq.ft. of the third floor of the premises. The monthly rent payable at the rate of Rs. 7 per sq.ft. was Rs. 75,985. According to the agreement, the defendant was to increase the monthly rent by 10% every three years during the first nine years of the tenancy, and thereafter by mutual discussion on the basis of the market rate of rent existing in the locality of the suit property. Although th...
New India Assurance Co. Ltd. Vs. Smt. Putul Nazir
Court: Kolkata
Decided on: Jul-09-2008
Reported in: 2009ACJ1993,AIR2008Cal189
Bhaskar Bhattacharya, J.1. This appeal under Section 173 of the Motor Vehicles Act is at the instance of the Insurance Company and is directed against an award dated 20th October, 2001 passed by the Additional District Judge, Eleventh Court, Alipore and the Motor Accident Claims Tribunal, District 24-Parganas (South), in M.A.C. Case No. 24 of 2000 thereby disposing of an application under Section 166 of the Act by directing the Insurance Company to pay Rs. 5,49,316/- as compensation for the death of the husband of the applicant No. 1.2. Being dissatisfied, the Insurance Company has come up with the present appeal.3. The learned advocate appearing on behalf of the appellant has drawn our attention to the evidence given by the widow of the victim as P.W. 1 wherein in cross-examination, she admitted that at the time of accident, the vehicle was being driven by her husband himself. She has further stated that her husband had a driving licence.4. By referring to the aforesaid statement made...
Durga Prasad Sarkar Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-09-2008
Reported in: (2008)3CALLT289(HC),2008CriLJ4218
Ashim Kumar Banerjee, J.1. On January 9, 1987 a lady by the name of Archana alias Putul was killed by throttling in her in-laws' place. On a combined reading of the evidence as well as the complaint the following facts reveal.At about 9.00 P.M. on January 9, 1987 in the night the villagers were gossiping on the chala of Basudev Ghosh. They were, Kanial Kinkar Ghosh complainant, Anadi Kumar Bagdi, Tamal Krishna Bagdi and others. Mahim Ranjan Sarkar and Durga Prasad Sarkar, the accused abovenamed informed them that an untoward incident occurred in their house. On a query made by them Durga told that he had killed his wife Archana by throttling and the dead body was lying on the upper floor of the house. All of them rushed to the house of Durga and found the body of Archana lying on the bed. They also saw blood coming out from her mouth slightly. They came to know that the incident occurred due to quarrel arising out of family affairs. On the next day, i.e., January 10, 1987 Kamal lodged ...
Shri Karendra Chandra Barman Vs. North Bengal State Transport Corporat ...
Court: Kolkata
Decided on: Jul-09-2008
Reported in: (2008)3CALLT425(HC)
Tapan Kumar Dutt, J.1. Heard the learned Advocates for the respective parties. The affidavit-in-opposition filled on behalf of the respondent Nos. 1, 2 and 3 be kept on record. The petitioner is aggrieved by an order dated 14th March, 2007 (annexure P-17 to the writ petition) passed by the respondent No. 3. The facts, very briefly, of the instant case are as follows:2. The petitioner joined the service of the respondent No. 1 sometime in the year 1969 as a conductor and his service was regularized sometime in the year 1970. It appears from annexure P-3 to the writ petition that the petitioner was transferred to the post of Office Assistant Grade-III sometime in the year 1973. It will appear from annexure P-3 that it was indicated in the said order by the respondent authorities that the petitioner will retain his existing seniority. It appears that by a subsequent order of the respondent authorities the seniority of the petitioner was made applicable from the date of joining the post of...
Brihaspati Mahali and ors. Vs. State of W.B.
Court: Kolkata
Decided on: Jul-09-2008
Reported in: 2008CriLJ3659
Girish Chandra Gupta, J.1. This appeal is directed against a judgment dated 17th March, 2004 passed by the learned Additional Sessions Judge, Fast Track Court, Purulia, in Sessions Trial No. 26 of 2003 arising out of Sessions Case No. 96 of 2001 convicting the appellants namely Brihospati Mahali, Kalipada Mahali and Harbara Mahali under Section 302 read with Section 34 of the Indian Penal Code and an order dated 18th March, 2004 by which the aforesaid convicts were sentenced to rigorous imprisonment for life as also to pay a fine of Rs. 5,000/- each, in default to suffer further rigorous imprisonment for one year. Rest of the accused were acquitted. The convicts have come up in appeal.2. Briefly stated the facts and circumstances are that there was a dispute as regards title in respect of a piece of land which according to the case of the accused persons had been transferred by the deceased to Agnu Mahali, father of the accused Harbara Mahali. The deceased Dukhu however appears to have...
National Insurance Company Ltd. Vs. Suranjan Gurung and ors.
Court: Kolkata
Decided on: Jul-09-2008
Reported in: 2008(4)CHN14
Bhaskar Bhattacharya, J.1. These two appeals were heard together as those arise out of the same accident. By filing F.M.A. No. 2486 of the 2004, the Insurance company has challenged an award dated 9th April, 2003 passed by the learned Judge, Motor Accident Claims Tribunal, First Court, Jalpaiguri in M.A.C. Case No. 125 of 1998 thereby awarding a sum of Rs. 80,000/-to the claimant after deduction of any amount if received under Section 140 of the Act. In F.M.A. No. 2487 of 2004, the Insurance company has challenged an earlier order dated 6th October, 2001 passed by the Motor Accident Claims Tribunal, Jalpaiguri, in M.A.C. Case No. 124 of 1998 by which an application under Section 140 of the Act arising out of the same accident was disposed of by directing the Insurance company to pay Rs. 50,000/- to the claimant No. 2, the mother of the victim.2. Being dissatisfied, the Insurance company has preferred these two appeals under Section 173 of the Act.3. A short question arises for determin...
Mir Mohammad Ali Vs. Sairunessa
Court: Kolkata
Decided on: Jul-08-2008
Reported in: 2008(3)CHN766
Bhaskar Bhattacharya, J.1. These two first appeals were heard together as those appeals are preferred against a common judgment dated 28th February, 1978 passed by the learned Judge, 11th Bench, City Civil Court at Calcutta in Ejectment Suit Nos. 253 and 254 of 1970 by which those two suits were decreed by passing a decree for eviction in respect of two different tenancies held by the appellants.3. Being disatisfied, these two first appeals have been preferred. There is no dispute that the original defendant was a bharatiya under the original plaintiff who was admittedly a thika tenant. The original plaintiff filed the aforesaid two suits for eviction of the original defendant on various grounds provided under the West Bengal Premises Tenancy Act.4. The suit was contested by the original defendant by filing written statement thereby denying the material allegations made in the plaint.5. During the pendency of the suit, the plaintiff came up with an application for amendment of the plai...
Rani Bala Jana and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-08-2008
Reported in: 2008(4)CHN460
1. By this application, the judgment and order dated 26th September, 2003 is impugned. The fact of the case is that in or about 1996, the State respondents, initiated a proceedings under Section 14T(3) read with Section 14T(10) of the West Bengal Land Reforms Act, 1955 (Thereinafter referred to as the said Act). The said proceedings was challenged before this Court. By judgment and order dated 8th October, 1996, learned Single Judge of this Court had set aside the said proceedings and the order of vesting was also quashed. While doing so, the following direction was given:If any return in 7AA has been filed in pursuance to this Hon'ble Court's earlier order that also has become redundant in view of the decision of the Division Bench judgement as referred to above and the said return also should not be given effect to.Pursuant to the order passed in 7AA proceeding if any settlement has been made and/or Patta has been granted in favour of any person, the authority concerned should take p...
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