Kolkata Court July 2009 Judgments

Baishali Hom Chaudhuri Vs. the Union of India (Uoi) and ors.

Court: Kolkata

Sanjib Banerjee, J.1. The question that arises is as to whether a candidate who has qualified from an institution recognised in the Second Schedule to the Indian Medical Council Act, 1956 is required to take any screening test conducted by the medical council before being registered to function as a medical practitioner in the country. 2. The petitioner cleared her Madhyamik examinations in first division and obtained a second division in the Higher Secondary examinations. The petitioner's parents are doctors and the petitioner was inclined to also pursue a career in medicine. The petitioner bagged a ticket under the SAARC quota to the B.P. Koirala Institute of Health Sciences in Dharan, Nepal. Such institute is one of the latest entrants into the Second Schedule to the said Act, having been included in the year 2000. The petitioner completed her bachelor of medicine and bachelor of surgery (MBBS) course from such institute in Dharan, Nepal in 2006. 3. The petitioner had obtained a sha...

Smt. Papa Biswas and ors. Vs. United India Insurance Company Ltd. and ...

Court: Kolkata

Bhaskar Bhattacharya, J. 1. This appeal is at the instance of the claimants in a proceeding under Section 166 of the Motor Vehicles Act and is directed against an award dated 30th April, 2002 passed by the Motor Accident Claims Tribunal and the Tenth Court of Additional District Judge, Alipore in M.A.C. Case No. 477 of 2000 thereby disposing of the said proceeding by awarding a sum of Rs. 4,36,188/- out of which Rs. 50,000/- had already been received by the claimants in an earlier proceeding under Section 140 of the Act. The Insurance Company was, therefore, directed to pay a sum of Rs. 3,86,188/- within a month from the date of passing of the award with further condition that in default of such payment within the said period, the award should carry interest at the rate of 10% per annum till realisation. The Insurance Company was directed to pay the said amount by issuing Account Payee cheques in the names of the petitioners in equal proportion. 2. Being dissatisfied, the claimants hav...

Bhikhari Chandra Pradhan Vs. Employees' Provident Fund Organisation an ...

Court: Kolkata

Reported in: (2010)ILLJ462Cal

Jayantha Kumar Biswas, J.1. The petitioner in this writ petition dated August 11, 2006 is questioning the orders of the Assistant Provident Fund Commissioner and Assessing Officer dated November 30, 2005, Annexure P-5 at p.49 and July 26, 2006, Annexure P8 at p.79. The orders were made under Sections 7-A and 7-B respectively of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952.2. The petitioner is the proprietor of a bookbinding business run under the name Shiva Shakti Binder. Saraswati Press Limited, a Government of West Bengal undertaking, engaged him from time-to-time as a contractor. On May 27, 2002 he applied for a voluntary coverage of his establishment. Then the Provident Fund Authority issued a coverage notice dated January 15/February 4, 2003 informing him that the provisions of the Act and the Schemes framed thereunder would apply to his establishment from November 1, 2002. No notification under Section 1(4) was, however, issued and published. He started c...

Kec International Limited and anr. Vs. Union of India (Uoi) and ors.

Court: Kolkata

Sanjib Banerjee, J.1. The petitioners assail the evaluation of two of the bids received by Bharat Sanchar Nigam Limited (BSNL) following a notice inviting tender. The project, as BSNL emphasises, is of great importance and is part of the upgrading of mobile telephone services in the country. The expanded description of the work in the tender documents is, 'Planning, engineering, supply, installation, testing and commissioning of infrastructure for 18 million lines of cellular mobile expansion project phase-VI in East Zone.'2. On this petition being received, an order was made on June 12, 2009 restraining the respondent authorities from issuing any work order to the fourth respondent. The order recorded that the financial bids in response to the notice inviting tender were opened on February 28, 2009 when it was perceived that the first petitioner had quoted the lowest rates, but by a communication of May 8, 2009 the first petitioner was informed by BSNL that on an evaluation of the bid...

Vishwanath Agarwala Vs. Tax Recovery Officer-i

Court: Kolkata

Reported in: (2009)225CTR(Cal)358,[2010]320ITR636(Cal),[2009]182TAXMAN327(Cal)

Biswanath Somadder, J.1. The instant writ petition is directed against an order dated 6-8-2007 passed by the Tax Recovery Officer-I, Hooghly (hereinafter referred to as 'the TRO') under Rule 11(6) of the Second Schedule to the Income-tax Act, 1961.2. The impugned order dated 6-8-2007 is in respect of sale of an immovable property situated at 13, Kalipukur Road, Sheoraphully, Hooghly, by auction by the TRO to recover the income-tax dues of Late Dwarka Prasad Agarwala, said to be father of the present writ petitioner, for the assessment years 1959-60 and 1961-62.3. The writ petitioner claims to be one of the legal heirs of Late Panna Bai. The writ petitioner has stated that Late Panna Bai, during her life-time, became owner of the property-in-question.4. According to the writ petitioner, his mother, Late Panna Bai, purchased the property from one, Dwip Chand Ghosh, on 13-3-1946 for a sum of Rs. 20,000 out of her Stridhan.It has been further stated that the name of Late Panna Bai was also...

Smt. Annapurna Paul Vs. the State of West Bengal and ors.

Court: Kolkata

Reported in: AIR2009Cal236

Sanjib Banerjee, J.1. The petitioner raises an interesting question relating to Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioner says that notwithstanding the expression 'any person' appearing in Sub-section (1) of Section 17, it would appear from Sub-section (3) thereof that it is only a borrower, within the definition of the said Act, who may effectively exercise the right of appeal under Section 17 of the Act.2. The petitioner claims to be the owner of a land at premises No. 384/1, Sahara Sukanta Nagar within the Madhyamgram Municipality near the airport. The petitioner says that the land measuring 4 cottah and a bit had been gifted by her brother under a registered document. The land has apparently been mutated in favour of the petitioner by the Madhyamgram Municipality and the petitioner has put up a building thereat upon obtaining due sanction of a plan therefor. The G+2 building has five flats ...

Smt. Tapasi Sant (Bera) Vs. the State of West Bengal and ors.

Court: Kolkata

Tapen Sen, J.1. In this Writ Petition, the Petitioner prays for an Order commanding upon the Respondents to recast the panel for the post of Auxiliary Nursing and Midwifery Trainee in the Puyan Health Sub-centre under the Haripur Gram Panchayat in Datan-II Block and place the Petitioner in the first position. The Petitioner has also made a prayer for the issuance of a Writ of Mandamus commanding upon the Respondent Nos. 2,3 and 4 to select the Petitioner as the first empanelled candidate for being sent to for training in a Government recognized Institution and thereafter, on completion of the said training, to appoint her in a Block Health sub-Centre on contract basis on a salary of Rs. 7000/- per month. The Petitioner has also prayed for an Order prohibiting the Respondents from selecting the Respondent No. 8. The Petitioner has further prayed for quashing the panel (Annexure- P4) by which the Respondent No. 8 has been placed at Serial No. 1 and the Petitioner, at Serial No. 2.2. The ...