Kolkata Court March 2009 Judgments

The Barrackpore Municipality and ors. Vs. Sri Shibendra Narayan Roy an ...

Court: Kolkata

Debiprasad Sengupta, J.1. This appeal is directed against the judgment and order dated 13th May, 2002 passed by the learned Single Judge in W. P. No. 23851 (W) of 1998.2. The writ petitioner / respondent was chargesheeted by the Municipality on 17th August, 1998 for alleged defalcation of amount of Rs. 57,237=00 and an amount of Rs. 53,176=00. It was alleged that although the writ petitioner / respondent received from the Municipality an amount of Rs. 3,88,346=00 for disbursement of the pecuniary benefit to the legal heirs of Late Rashmoni Hari, an ex-employee of the Municipality, he neither disbursed the amount of Rs. 53,176=00 nor deposited the same with the Municipality. It was further detected that another amount of Rs. 57,237=00 was not disbursed and was kept in his custody. By two different orders dated 29.6.1998 and 13.7.1998 the writ petitioner / respondent was directed to show cause as to why disciplinary action should not be taken against him. The writ petitioner / respondent...

Md. Amir HossaIn Vs. the State of West Bengal and ors.

Court: Kolkata

Indira Banerjee, J.1. The appellant, being the writ petitioner, has appealed against the judgment and order dated 6th May, 2002 in C.O. 11152 (W) of 1992 (Md. Amir Hossain v. State of West Bengal and Ors.), in so far as the learned Single Judge held that the appellant would not be entitled to emoluments during the period of the departmental proceedings and till date of the said judgment and order, except for the subsistence allowance that he had already received.2. The appellant was a Conductor of South Bengal State Transport Corporation (SBSTC), a statutory body established under Section 3 of the Road Transport Corporation Act, 1950, which is hereinafter referred to as the respondent corporation.3. On 25th January, 1990, when the appellant was on duty on vehicle No. WMH 9672, plying on the route from Sikarpur to Durgapur, a Checking Squad of the respondent corporation boarded the vehicle at about 11.35 a.m.4. The Checking Squad found that a passenger was travelling without ticket. A s...

Satyanarayan Pandey Vs. the State of West Bengal and ors.

Court: Kolkata

Aniruddha Bose, J.1. The petitioner herein, a dismissed constable of Kolkata Police, seeks review of a judgment delivered by a Division Bench of this Court on 10th February 2005 dismissing a writ petition assailing a judgment and order of the West Bengal Administrative Tribunal. The petitioner had challenged the order of his dismissal from service before the West Bengal Administrative Tribunal ('Tribunal' in short) by filing an application (O.A. No. 8432 of 1999), which was rejected on 18th December 2003. He assailed the judgment rejecting his application before this Court, by filing a writ petition, which was registered as W.P.S.T. 99 of 2004, out of which the present proceeding arises. The main grounds on which review of this judgment is applied for are omissions in the matter of consideration of relevant facts and questions of law by this Court. The case of the petitioner is that if these legal questions and the facts were considered, the decision of this Court, of which review is p...

Steel Union Private Ltd. and anr. Vs. Commissioner of Customs and ors.

Court: Kolkata

Reported in: AIR2009Cal282

1. We have heard learned Counsel for the parties at length. We have also perused the papers. Learned single Judge has noted the very brief facts, which may be recapitulated.2. The customs authorities has conducted an e-auction for sale of 1956 wheel sets with shaft of Romanian origin weighing about 2398 MT. The goods were offered on as is where is basis and the successful bidders were required to pay the earnest money of 10 per cent of the bid value within seven days of the declaration of the result of the auction. The auction was open to bidders registered with the customs as access to the auction website was only by keying in the allotted user ID and password. The duration of the process of auction was to be notified on the website.3. The first petitioner put in a bid. which according to the first petitioner was the highest. Upon the bid of the petitioner being accepted, 10% of the earnest money was deposited within the stipulated time, amounting to Rs. 68 Lac. Thereafter, according ...

Dinabandhu Adak Vs. State of West Bengal and ors.

Court: Kolkata

Debasish Kar Gupta, J.1. The subject matter of challenge in this writ application are the order of suspension of MR dealership of the petitioner passed by the respondent No. 7 under memo No. 1340/1(8)/SFS/2002 dated November 18, 2002 as also the order of termination of the above dealership passed by the same respondent under his memo No. 228/1(6)/SFS dated February 25, 2005.2. The petitioner was appointed as a MR dealer and Kerosene Oil dealer in Kuliapara under Balagarh Police Station District Hooghly. The petitioner was running as MR Dealership on the basis of an agreement dated September 20, 1992 (hereinafter referred to as the said agreement) executed by and between the State of West Bengal and the writ petitioner. The petitioner was running his Kerosene Oil was running his Kerosene oil dealership dealer on the strength of a licence issued by the respondent authority under paragraph 6 of the West Bengal Kerosene Control Order 1968.3. A show-cause notice was issued by the respondent...

Tuna Alias Profulla Mondal Vs. State of West Bengal and anr.

Court: Kolkata

Reported in: 2009CriLJ1996

Pranab Kumar Chattopadhyay, J.1. These three appeals are directed against the common judgment, order of conviction and sentence passed by the learned Sessions Judge, Purba Medinipur in S. T. Case No. 11/Dec/2003. Since these appeals arise out of the common judgment passed by the learned Sessions Judge, the same were heard analogously and we dispose of the said appeals by this common judgment which will govern the fate of all the three appellants.2. The prosecution case, in short, is that on 1st February, 1992 in between 21.00 hrs. and 22.00 hrs. the victim was returning to her residence from Tamluk Sub-Divisional Hospital where she had gone to meet her relative, Niharbala Roy and when the said victim reached her residence, the accused persons, five in number including the appellants herein trespassed into her room where a kerosene dim light was lit and in that light the said victim could identify the three accused persons namely, the appellants herein. The said victim also saw two othe...

Tapati Mondal Ms. and ors. Vs. United Bank of India and ors.

Court: Kolkata

Reported in: (2010)ILLJ59Cal

Pranab Kumar Chattopadhyay, J.1. This appeal is at the instance of the writ petitioner assailing the judgment and order passed by the learned single Judge whereby and whereunder the said learned Judge dismissed the writ petition without granting any relief to the writ petitioner who, however, died during the pendency of the present appeal. In view of the death of the sole appellant during the pendency of the appeal, his heirs have been substituted as appellants.2. The deceased-appellant was an employee of the respondent-bank and the departmental proceeding was initiated by the bank against the said deceased-appellant on the basis of the charge-sheet dated February 19, 1993. The said charge-sheet was issued by the Regional Manager of the respondent-bank and the Disciplinary Authority of the deceased-appellant.3. During the pendency of the departmental proceeding, several writ petitions were moved by the deceased-appellant before this Hon'ble Court alleging various illegalities and/or ir...

Sudhir Kumar Sen and anr. Vs. Bijoy Kumar Sen and ors.

Court: Kolkata

Ashim Kumar Banerjee, J.1. I have read the well-versed judgement of my esteemed brother. With great humility, may I say, despite my best efforts I could not persuade myself to record my agreement with the finding of His Lordship.2. It is the golden rule that Court of law must honour the last wish of the testator. Hence, in a probate proceeding the propounder is always one up in the game as whenever a Will is produced in Court of law Court proceeds on prima facie presumption that it is the last Will and testament of the deceased and issues notice to all the natural heirs on intestacy inviting their objection, if any. The propounder is only to discharge his onus by proving the execution of the Will. Under the Evidence Act a document can well be proved by bringing the author of the document to the witness box. Unfortunately in a probate case it is not possible to produce the author. Hence the execution must be proved by the propounder. Once the execution is proved probate is the resultant...

Registrar, Indian Institute of Technology and ors. Vs. Dr. Dilip Kumar ...

Court: Kolkata

Debasish Kar Gupta, J.1. This appeal is directed against an order dated December 22, 1999 passed in an application under Article 226 of the constitution of India being C.O. No. 13728(W) of 1992. By the aforesaid impugned order the learned Single Judge held that the writ petitioner/respondent No. 1 was entitled to his pensionary benefits taking into account that the petitioner was entitled to non-practicing allowance @ Rs. 150/- per month, post graduate allowance @ Rs. 50 per month and five years' additional qualifying service.2. The writ petitioner/respondent No. 1 was a retired Medical Officer of the appellant No. 3, namely, Indian Institute of Technology, Kharagpur, District Purba Midnapore. He retired from the above services on attaining the age of retirement on superannuation on January 31, 1989. After such retirement from the services of the appellant No. 3 the respondent No. 1 filed the above writ application being C.O. No. 13728(W) of 1992 for a direction upon the respondent aut...

Naresh Kumar Agarwal Vs. Union of India (Uoi) and ors.

Court: Kolkata

Reported in: [2010]320ITR361(Cal)

Soumitra Pal, J.1. Let affidavit of service filed in the court today be kept with the records.2. In this writ petition, the petitioner has challenged the notice dated July 21, 2008, issued by the Income-tax Officer/Technical/Asansol, respondent No. 3 proposing transfer of the income-tax file of the petitioner from Income-tax Officer, Ward-3(1) Asansol to the Assistant Commissioner of Income-tax, Central Circle, Ranchi and the order dated January 28, 2009 passed by the Commissioner of Income-tax, Asansol, respondent No. 2, transferring the file of the petitioner from the Income-tax Officer, Ward-I, Purulia to the Assistant Commissioner of Income-tax, Central Circle-I, Ranchi.3. Mr. J.P. Khaitan, learned senior advocate, appearing on behalf of the petitioner submits that the notice proposing transfer must mention the reasons to enable the assessee to make an effective representation with reference to the same. However, the notice dated July 21, 2008, proposing transfer is bad as it does ...