Kolkata Court June 2009 Judgments

Smt. Bani Chaudhuri Vs. the Calcutta Municipal Corporation and ors.

Court: Kolkata

Tapen Sen, J.1. In this Writ Petition, the Petitioner prays for cancellation of the two Notices dated 11.5.1990 as contained in Annexure- F and Annexure- G (Pages 37 and 38 of the Writ Petition) whereby and whereunder the Respondents proposed to raise the valuation of the Premises in question to Rs. 19, 605/- and Rs. 23,760/- with effect from the 4th Quarter of 1978-79 and the 4th Quarter of 1984-85 respectively. 2. The Petitioner further prays for an Order for stay of the Orders passed on 16.10.1990 by the Assistant Assessor of the Kolkata Municipal Corporation (Annexure- I at Page 41 of the Writ Petition) whereby and whereunder the valuation was fixed at Rs. 15,373/- with effect from the 4th Quarter of 1978-79 and Rs. 15,380/- with effect from the 4th Quarter of 1984-85 respectively. 3. The Petitioner further prays for the issuance of a Writ of Mandamus commanding upon the Respondents not to implement the Judgments dated 29.8.1997 (Page 55 of the Writ Petition) passed by the Municipa...

Employees' State Insurance Corporation Vs. Indrawati Debi and Ors.

Court: Kolkata

Reported in: (2010)ILLJ465Cal

1. We are shocked to note the fact of this case. We feel ashamed recording those facts.2. An illiterate or half-literate person working as a labour in Kesoram Industries Ltd. (Textile Unit) fell down within the factory premises on February 14, 1990 at about 9.25 a.m. He was taken to the factory Hospital, where he was given first-aid treatment and was referred to E.S.I. Hospital, Manicktala. E.S.I. Hospital, Manicktala treated him at the out-door and referred him to E.S.I. Hospital, Sealdah. E.S.I. Hospital, Sealdah advised him: for admission, however, expressing their inability to admit him in absence of vacancy, referred him back to E.S.I. Hospital, Manicktala. Needless to mention, E.S.I. Hospital, Manicktala did not admit him. The ill-fated person was then taken back to his residence On the next day he was again taken to E.S.I. Hospital, Sealdah when he was admitted and immediately referred to E.S.I. Hospital Beliaghata with the remark that he was suffering from rabies/the word 'Rabi...

The Manager, G.E. Capital Transportation Financial Services Ltd. and a ...

Court: Kolkata

Jyotirmay Bhattacharya, J.1. Several orders are under challenge in this application under Article 227 of the Constitution of India. One of such orders was passed on 3rd October, 2008 by the State Commission, West Bengal in F.A. No. 08/190. The other order which is under challenge in this application was passed by the learned District Consumer Disputes Redressal Forum, Hooghly on 15th January, 2009 vide order No. 17 in C.D.F. Execution Case No. 4 of 2008.2. The fate of the order passed by the learned District Consumer Disputes Redressal Forum, Hooghly in the execution proceeding is dependent upon the fate of the order passed by the learned State Commission, West Bengal on 3rd October, 2008 in the aforesaid appeal. As such, let me first of all consider the merit of the order passed by the Appellate Forum on 3rd October, 2008 as aforesaid.3. For proper appreciation of the dispute involved in this revisional application, the following facts are required to be taken note of:A. Admittedly th...

Madhai Naskar Vs. New India Assurance Co. Ltd. and ors.

Court: Kolkata

Reported in: AIR2010Cal23

Ashim Kumar Banerjee, J.1. The accident was not in dispute. It was also not in dispute that the appellant who is an auto rickshaw driver had to be admitted in Vidyasafar Hospital after sustaining injury out of such accident. He had to stay in the hospital for two days. The learned Judge accepted the version of the appellant/claimant, however, granted compensation only to the extent of Rs. 5.000/- as general damage. The learned Tribunal observed that there was insufficient medical evidence tendered. Hence this appeal by the appellant.2. Mr. Krishanu Banik, learned Counsel, appearing for the appellant has contended as follows:i) Under Section 142 of the Motor Vehicles Act, 1988 (hereinafter referred to as the said Act of 1988) the permanent disablement has been defined which includes destruction or permanent impairing of the powers of any member or joint. Hence the learned Judge should have applied the principles laid down under Section 140 of the said Act of 1988 granting one time compe...