Kolkata Court August 2008 Judgments
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West Bengal State Electricity Distribution Co. Ltd. and ors. Vs. Mahad ...
Court: Kolkata
Decided on: Aug-01-2008
Reported in: 2008(4)CHN1
Pranab Kumar Chattopadhyay, J.1. In this appeal, the basic questions that arise for consideration are:(1) Whether the selection process that has commenced when different circulars and executive instructions held the field should bo completed on the basis of those circulars and executive instructions?(2) Whether the notifications dated 21st August, 2002 will have to be followed as that supersedes all earlier circulars and executive orders issued from time to time by the Government of West Bengal, Labour Department relating to employment of persons belonging to the exempted categories even in respect of vacancies for filling up of which selection process has already commenced?2. The facts relevant for the purpose of deciding the above questions may be succinctly stated at the threshold to appreciate the contentions urged on behalf of the parties in this appeal.3. The writ petitioners are all Ex-ITI trainees. On 3rd November, 1999, West Bengal Act XIV of 1999 (hereinafter referred to as '...
Dibyendu Bhattacharya Vs. Steel Authority of India Ltd. and ors.
Court: Kolkata
Decided on: Aug-01-2008
Reported in: 2008(4)CHN232
Pranab Kumar Chattopadhyay, J.1. This appeal has been preferred at the instance of the appellant assailing the judgment of the learned Single Judge whereby and whereunder the said learned Single Judge dismissed the writ petition on merits. The appellant herein filed the writ petition challenging the decision of the respondent authorities regarding refusal to place the said appellant in the Executive Grade. The: appellant/writ petitioner also alleged discriminatory treatment at the instance of the respondents due to non-observance of the principles of equal pay for equal work.2. The relevant facts of this case are briefly narrated hereinafter:The appellant herein submitted application for the post of Speech Therapist/Audiologist in prescribed form and manner in response to the advertisement published on behalf of the Steel Authority of India Limited, Durgapur Steel Plant. It is not in dispute that a panel of successful candidates was prepared by the concerned authority and the appellant...
Sukumar Adhikary Vs. Dipu Rani Adhikary
Court: Kolkata
Decided on: Aug-01-2008
Reported in: 2008(4)CHN204
Bhaskar Bhattacharya, J.1. This appeal is at the instance of an Executor in the proceedings for grant of probate and is directed against the judgment and decree dated 19th February, 2002 passed by the Additional District Judge, First Court, Hooghly, in Probate Suit No. 107 of 1988 thereby dismissing the said proceedings.2. The appellant before us filed an application for grant of probate of an unregistered Will dated 4th November, 1987 alleged to have been executed by one Chandi Charan Ghosh by which his entire property was given to his youngest daughter, the wife of the Executor.3. It appears from record that the deceased was suffering from liver cancer and was admitted in B.R. Singh Hospital from 7th October, 1987 till 7th November, 1987 and ultimately, died on 15th November, 1987. The said Chandi Charan Ghosh had married twice. There are two children through his first wife and further two children from the second wife. According to the Executor, the Will was scribed by one Sailendra...
Kanai Manna Vs. United India Insurance Co. Ltd. and ors.
Court: Kolkata
Decided on: Aug-01-2008
Reported in: 2009ACJ544
Bhaskar Bhattacharya and Rudrendra Nath 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 a claimant and is directed against an award dated 16.7.2004, passed by the Addl. District Judge, Midnapore (West) and Motor Accidents Claims Tribunal in M.A.C. Case No. 467 of 2001 thereby disposing of an application under Section 163-A of Motor Vehicles Act by directing the insurance companies to pay a sum of Rs. 1,38,000 to the claimant. In this case, two vehicles were involved and two different insurance companies were held to be jointly and severally liable for the amount.3. Being dissatisfied, the claimant has come up with the present appeal. At the very outset, both Mr. Pahari and Mr. Das, the learned advocates appearing on behalf of the two different insurance companies, respondents, fairly concede that their clients did not prefer any appeal against the award impugned nor hav...
Sanat Panja and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-01-2008
Reported in: 2009CriLJ407
Ashim Kumar Banerjee, J.1. Sanat Panja resident of village Jash Dighi under Indus Police Station in the District of Bankura married Smt. Puspanjali Panja on 18th Jaistha, 1393 B.S. Puspanjali gave birth to a male child out of the said wedlock on 10th Baishakh 1394 B.S. Unfortunately Puspanjali died an unnatural death on 18th Baishakh 1394 B.S. just eight days after giving birth to the male child.2. As per the complaint lodged by the brother of Puspanjali being PW-1 the marriage was fixed for a consideration of Rs. 46,000.00 in cash as dowry along with other usuil gifts like utensils, wristwatch, etc. At the time of marriage father of Puspanjali could arrange for Rs. 34.360.00. It was agreed that the balance sum of Rs. 11,640.00 and a tape recorder would be given later on. Puspanjali suffered physical and mental torture in her in-laws' place for the balance sum. Her father could arrange the said sum on a later date and paid the said sum to her father-in-law Krishna Chandra Panja who rec...
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