Kolkata Court August 2008 Judgments

Dr. Pranab Kumar Chowdhury Vs. the Kishan Co-operative Milk Producers' ...

Court: Kolkata

Reported in: (2008)4CALLT341(HC)

Tapan Kumar Dutt, J.1. Heard the learned Counsels for the respective parties.2. The petitioner's case in brief is as follows:The respondent No. 1 is a registered Cooperative Society. The State Government which stands as a guarantor for repayment of National Dairy Development Board/Indian Dairy Corporation, loans have a control to a great extent over the activities of the District Milk Unions in the State directly and through a State level apex Milk Co-operative Society known Cooperative Milk Producers' Federation Ltd. The respondent No. 1 (The Kishan Co-operative Milk Producers Union Ltd., Nadia) is also affiliated to the State level West Bengal apex body known as the West Bengal Cooperative Milk Producers Federation Ltd. (hereinafter referred to as Milk Federation). The respondent No. 1 has its field of operation in the District of Nadia. The petitioner was appointed as the Managing Director of the respondent No. 1 under an order of the District Magistrate, Nadia and Chairman, the Kis...

Jayanta Kumar Bose and ors. Vs. Swapan Kumar Saha

Court: Kolkata

Reported in: (2008)4CALLT150(HC)

Surinder Singh Nijjar, C.J.1. This appeal has been filed by the defendants in C.S. No. 248 of 2006 challenging the judgment and order passed by the learned Single Judge dated 22nd January, 2008 whereby two applications filed by them seeking dismissal of the suit on the ground of limitation have been dismissed.2. The suit was filed claiming specific performance of an agreement, as recorded in agreement dated 23rd September 1988, by directing the defendants to execute and register the appropriate conveyance in favour of the plaintiff. The claim put forward by the plaintiff is that the defendants through defendant No. 1 entered into negotiation with regard to the sale of suit premises fully described in the plaint. Pursuant to the negotiations on or about 2nd August, 1988 an agreement was entered into between the parties whereby the defendants agreed to sell and the plaintiff agreed to purchase the suit premises on certain terms and conditions. Brief summary of the relevant conditions is ...

Madhusudan Sarkar and ors. Vs. State and anr.

Court: Kolkata

Reported in: 2008CriLJ4389

Tapas Kumar Giri, J.1. The appellants/accused of this case are challenging the judgment passed by the Learned Assistant Sessions Judge, Kalna in Sessions Case No. 59 of 1989 convicting the appellants/ accused under Section 498-A/306, IPC and the order dated 19-8-1989 sentenced them to suffer rigorous imprisonment for seven and half years and to pay a fine of Rupees 3000/- each i.d. to suffer an imprisonment for another six months for the offence under Section 306, IPC and no separate sentence need be passed for the other charge under Section 498-A, IPC.2. The prosecution story as unfolded during trial in nutshell is as follows:3. One Panchanan Das, the brother of deceased Banalata Sarkar lodged the written information dated 25-3-1986 before the O.C. Purbasthali P.S. stating inter alia that his sister Banalata was married to accused Prangopal Sarkar about five years ago and soon after the marriage she was subjected to mental and physical torture by the husband and his family members. Sh...

Satish Jaiswal Vs. Capital Transport Corporation of India

Court: Kolkata

Reported in: (2008)IVCALLT254(HC)

Bhaskar Bhattacharya, J.1. This first appeal is at the instance of a defendant in a suit for declaration of title and permanent injunction and is directed against the judgment and decree dated October 8, 1999 passed by the learned Judge, Eleventh Bench, City Civil Court at Calcutta in Title Suit No. 1105 of 1990 thereby declaring that the plaintiff was a tenant under the defendant in respect of the western part of the godown on the ground floor of the premises No. 153A, Acharya Prafulla Chandra Road, Calcutta, at a monthly rental of Rs. 513/-. It was further declared that the decree passed in SCC Suit No. 3076 of 1987 was not binding upon the plaintiff and at the same time, the defendant was permanently restrained from dispossessing or evicting the plaintiff from the suit premises in execution of the decree passed in SCC Suit No. 3076 of 1987.2. Being dissatisfied, the defendant has come up with the present first appeal.3. The plaintiff-respondent filed a suit in the City Civil Court a...

Gopal Chandra Dey Vs. New India Assurance Co. Ltd. and anr.

Court: Kolkata

Reported in: 2009ACJ442

Bhaskar Bhattacharya, J.1. This appeal under Section 173 of the Motor Vehicles Act is at the instance of an applicant under Section 163-A of the Motor Vehicles Act and is directed against an award dated 13.8.2007, passed by the Motor Accidents Claims Tribunal and Additional District Judge, First Court, Fast Track Court, Sealdah in M.A.C. Case No. 1801 of 2006 thereby disposing of the said application by awarding a sum of Rs. 54,500 in favour of the appellant along with interest at the rate of 7 per cent per annum from the date of filing of the claim application till realisation of the awarded amount.2. Being dissatisfied, the applicant has come up with the present appeal.3. It appears from record that the victim, a boy aged 15 years, died of an accident. The offending vehicle was admittedly insured with New India Assurance Co. Ltd., the respondent before us. The claimant happens to be the father of the victim. The victim had earlier lost his mother. According to the appellant, the vict...

United India Assurance Company Limited Vs. Subhomoy Nag and anr.

Court: Kolkata

Reported in: 2008(4)CHN452

Bhaskar Bhattacharya, J.1. These two appeals were heard analogously as those are filed against a common award dated 21st May, 2007 passed by the Additional District Judge, Eleventh Court, Alipore, and the Motor Accident Claims Tribunal, South 24-Parganas, in M.A.C. Case No. 251 of 2002 thereby disposing of an application under Section 166 of the Motor Vehicles Act by directing the Insurance Company to pay a sum of Rs. 30,87,500/-towards the compensation along with interest at the rate of 6 percent per annum on the awarded sum from the date of filing of the application until the actual payment was made.2. Being dissatisfied, both the claimants and the Insurance Company have preferred these two appeals.3. According to the claimant, he was injured in an accident on 5th September, 2000 at about 10 a.m. when the driver of the offending Lorry bearing No. WMH-5070 drove the same in a rash and negligent manner and dashed the victimised stationary car of which the claimant was a passenger. Due ...

Joe D'Silva Vs. New India Assurance Company Limited and Anr.

Court: Kolkata

Reported in: 2008(4)CHN888

Bhaskar Bhattacharya, J.1. This appeal is at the instance of a claimant under Section 166 of the Motor Vehicles Act and is directed against an award dated 30th July, 2002 passed by the learned Judge, Twelfth Bench, City Civil Court at Calcutta in M.J.C. Case No. 317 of 1995 thereby dismissing the said proceeding and at the same time, directing refund of Rs. 25,000/- received by the appellant pursuant to an award passed in an earlier proceeding under Section 140 of the Act against which no appeal was preferred.2. According to the appellant, he was involved in a road-accident by which he was seriously injured and was immediately admitted to the Medical College Hospital and subsequently, was transferred to the Woodland Nursing Home. After a prolonged treatment, he was discharged from the said Nursing Home and in the process, he totally lost his vision of the left eye. According to the medical certificate produced on his behalf, his permanent disablement was to the extent of 55 percent. He...

Lakshmi Niwas Vs. Regional Provident Fund Commissioner and ors.

Court: Kolkata

Aniruddha Bose, J.1. Both these writ petitions are being disposed of by this common judgment as the legal issues involved in these two writ petitions are interlinked, and the causes of action of the two writ petitions have their root in a common set of events.2. The petitioner before me in these two writ petitions has described himself as a 'reputed industrialist and a director of several well-known companies.' His main grievance, with which he has approached this Court is issuance of certificate proceeding against him for certain defaults made on account of deposit of provident fund dues of the employees of a company by the name of Bowreah Cotton Mills Co. Ltd., ('the Company' in short). The dues are on account of employer's contribution, employees' share and 'R.O.W.', which term, I am informed implies recovery of wages. The petitioner's association with this company dates back to 1971, when he joined Bowreah Cotton Mills Co. Ltd. in a senior administrative position. Later on he becam...

Sri Dilip Kumar Sarkar Vs. United Bank of India and ors.

Court: Kolkata

Reported in: (2008)IVCALLT241(HC)

Sailendra Prasad Talukdar, J.1. The instant application under Article 226 of the Constitution is directed against the order dated 19.5.2005 passed by the Deputy General Manager & C.R.M., Appellate Authority, United Bank of India. The petitioner, by filing such application, also sought for quashing of the order of dismissal dated 15.3.2005 passed by the Assistant Manager & Disciplinary Authority, United Bank of India.2. The backdrop of the present case may briefly be stated as follows:Petitioner was appointed as cash clerk in the U.B.I., Kolay Market Branch on 16th May, 1973. After more than 30 years, certain complaints were lodged i.e. on 29.10.2003 resulting in the authority's issuance of an order of suspension dated 1.11.2003. Charge sheet was thereafter issued on 25th March, 2004. The petitioner submitted his reply on 30th April, 2004. Enquiry proceedings commenced on 21st May, 2004. It was on 3rd of March, 2005 that the petitioner was intimated about the proposed punishment of dism...

Subhasish Muhuri Vs. Public Service Commission and ors.

Court: Kolkata

Reported in: (2008)IVCALLT5(HC)

Sailendra Prasad Talukdar, J.1. The backdrop of the present case is as follows:The writ petitioner submitted his application in prescribed manner in response to the advertisement No. 4/2007 dated 17th February, 2007 issued by the respondent No. 1 i.e. Public Service Commission, West Bengal. This was in connection with recruitment in West Bengal Judicial Service.2. He duly appeared in the earlier examination for selection in the said service. He was successful in the written examination and appeared in the personality test but unfortunately, could not make it.3. In his second attempt, he passed the preliminary test, appeared in the written examination and was called for personality test. At the time of his interview, which was held on 23rd November, 2007, he was given an impression that he was possibly not eligible to appear in such examination as he was in full time employment. Subsequently when the select list of candidates was published, he did not find his name therein.4. The petiti...