Kolkata Court August 2009 Judgments

Anjan Kumar Ghosh and anr. Vs. Smt. Bula Mukherjee and ors.

Court: Kolkata

Indira Banerjee, J.1. This appeal is against a judgment and order dated 28th March, 2006 in W.P. No. 15414 (W) of 2001 (Smt. Bula Mukherjee v. The State of West Bengal and Ors.) whereby the learned Single Judge allowed the writ petition filed by the respondent No. 1 and set aside the decision dated 7th September, 2001 of the District Judge, Howrah, whereby the said District Judge had accepted the gradation list dated 25th May, 1994 in preference to the gradation list published vide order No. 88/N dated 7th October, 1996 and order No. 90/N dated 9th October, 1996. The appellants were impleaded as the Respondent Nos. 6 and 7 in the writ petition.2. The writ petitioner/respondent No. 1 was appointed as a piece rated copyist in the office of Superintendent of Police, Howrah on 21st January, 1974. The writ petitioner/respondent No. 1 joined service as piece rated copyist on 22nd January, 1974.3. The Government of West Bengal issued an order being Memo No. 7191-F dated 23rd October, 1975 for...

The Chairman, West Bengal Council of Central School Service Commission ...

Court: Kolkata

Inadira Banerjee, J.1. This appeal is against a judgment and order dated 29th September, 2003, whereby the learned Single Judge inter alia allowed the writ petition being W.P. No. 17229 (W) of 2001 (Prabir Kr. Ghosh and Ors. v. State of West Bengal and Ors.) and directed the West Bengal Regional School Service Commission to recommend those of the writ petitioners who had ranked within 66th in the panel for appointment to appropriate schools and further directed the Regional School Service Commission not to advertise vacancies for the posts for which the writ petitioners had been selected, without recommending the writ petitioner for appointment.2. Before 1st November, 1997, the Managing Committee of a recognized aided non-government school was, in terms of Rule 28 of the Management of Recognized Non-government Institutions (Aided and Unaided) Rules, 1969 framed in exercise of powers conferred by Section 45(1) and 45(2)(d) of the West Bengal Board of Secondary Education Act, 1963, entit...

West Bengal Dairy and Poultry Development Corporation Ltd. Vs. Senior ...

Court: Kolkata

Bhaskar Bhattacharya, J.1. This is an application for review of an order dated August 24, 2007 passed by a Division Bench of this Court in M.A.T. No. 739 of 2007 heard analogously with M.A.T. No. 849 of 2007 by which the said Division Bench allowed those two appeals by setting aside the order passed by the learned Single Judge and dismissing the writ application filed by the respondent No. 1. It appears from record that being dissatisfied with the aforesaid order dated August 24, 2007 passed by the said Division Bench, the writ-petitioner preferred an application for special leave to appeal before the Supreme Court of India being Special Leave to Appeal (Civil) No. 23769 of 2007 which was, however, dismissed by the Supreme Court on 4th January, 2008 by passing the following order:UPON hearing counsel the Court made the followingO R D E RDelay condoned.We do not find any ground to interfere with the impugned order. The special leave petitions are, accordingly, dismissed.2. After dismiss...

Duncans Industries Limited Vs. Biswajit Roy and anr.

Court: Kolkata

Kalidas Mukherjee, J.1. This is an application under Article 227 of the Constitution of India assailing the order dated April 13, 2009 passed by the State Consumer Disputes Redressal Commission, West Bengal in case No. RC/ 2009/13 and the order dated June 19, 2009 passed by the same Forum in Execution Case No. 106/2008. The petitioner is a sick industrial company within the meaning of the Sick Industrial Companies (Special Provisions) Act, 1985 and has been registered before the Board for Industrial and Financial Reconstruction (hereinafter referred to as the 'BIFR'). The petitioner carries on business for manufacture and sale of fertilizer, cultivation, process and sale of tea. The petitioner has been declared as sick industrial company under the provisions of SICA by the order dated February 21, 2007 of the BIFR. The Decree holder/O.P. herein got a decree from the District Consumer Disputes Redressal Forum for the recovery of the sum of Rupees one lakh together with interest. The dec...

National Insurance Co. Ltd. Vs. Probir Ganguly and anr.

Court: Kolkata

Bhaskar Bhattacharya, J.: 1. This appeal is at the instance of the Insurance Company in a proceeding under Section 166 of the Motor Vehicles Act and is directed against an award dated 30th April, 2003 passed by the learned Motor Accident Claims Tribunal, 11th Court, Alipore, in M.A.C. Case No. 92 of 1996 thereby awarding a sum of Rs. 2,99,000/- as compensation against the loss of earning capacity. After arriving at such figure, the learned Tribunal below decided to reduce the said amount to Rs. 2,55,000/- as the claimant had in the claim-application limited his claim to the said amount. The learned Tribunal further held that on a previous occasion a sum of Rs. 55,000/- as compensation was received by the claimant by way of mutual settlement with the Insurance Company and, therefore, the said sum of Rs. 55,000/- should be further deducted and, thus, the Insurance Company was directed to pay Rs. 2 lakh as compensation within two months from the date of the said order with a further claus...

Madhumita Sarkar and ors. Vs. Oriental Insurance Com. Ltd. and ors.

Court: Kolkata

Bhaskar Bhattacharya, J.1. This appeal is at the instance of claimants in a proceeding under Section 166 of the Motor Vehicles Act and is directed against an award dated 5th March, 2005 passed by the Motor Accident Claims Tribunal and the Additional District Judge, First Court, West Midnapur, in M.A.C. Case No. 967 of 2003 thereby disposing of the said proceeding by awarding a sum of Rs. 5,09,500/- as compensation in spite of his specific finding that the appellants were entitled to get Rs. 20,00,000/- as compensation. The reason for reducing the amount is that the business of the victim, at present, after his death, continues to be run by his wife, appellant No. 1, after the licence of the Petrol Pump run by the victim has been transferred to the appellant No. 1. The Tribunal held that for the aforesaid reason, the claimant should only be entitled to get twenty-five percent of such dependency-loss.2. Being dissatisfied, the claimants have come up with the present appeal. None appears ...

Champa Devi Vs. Universal Trading Co. Ltd. and anr.

Court: Kolkata

Reported in: (2010)ILLJ483Cal

Bhaskar Bhattacharya, J.1. This appeal is at the instance of a claimant in a proceeding under Workmen's Compensation Act and is directed against an award dated 25th February, 2008 passed by the Commissioner for Workmen's Compensation, West Bengal, Third Court, in Claim Case No. 209 of 2002, thereby disposing of the proceeding by awarding a sum of Rs. 83,192/- as compensation with a direction upon the United India Insurance Company Ltd. to pay the said amount within sixty days from the date of the award with a further stipulation that in default of such payment within the said period, the awarded sum would carry a simple interest @ 9% per annum from the date of accident till date of realization. Being dissatisfied, the claimant has come up with the present appeal. The only point taken by Mr. Ghosh, the learned advocate appearing on behalf of the appellant in this appeal, is that in view of the provision contained in Section 4A(3) of the Workmen's Compensation Act, it was the duty of the...

Sri Jatindra Nath Pradhan Vs. Central Bank of India and ors.

Court: Kolkata

S.P. Talukdar, J.1. The petitioner, Jatindra Nath Pradhan, by filing the instant application under Article 226 of the Constitution, sought for cancellation/quashing of the communication dated 14th June, 2000, being Annexure-'P-7' to the writ application. By such communication, the respondent bank authorities informed the petitioner that since he resigned from bank's service, he was not eligible for pension under the then existing CBI (Employees) Pension Regulations, 1995.2. Grievances of the petitioner may briefly be stated as follows:The petitioner joined the service under the Central Bank of India on 10th September, 1953. After serving in various capacities, on 24th June, 1992 he sought for voluntary retirement since he became seriously ill. But the said application for voluntary retirement was not accepted. He then retired on and from 1st July, 1992. After retirement, he came to know about his eligibility of receiving pension under the proposed Central Bank of India Employees' (Pens...

Sri Sekhar Kumar Kanjilal Vs. Union of India (Uoi) and ors.

Court: Kolkata

S.P. Talukdar, J.1. The petitioner, by filing the instant application under Article 226 of the Constitution, sought for quashing of the charge sheet dated 13th June, 2008, being Annexure-'P-7' to the writ application.2. Grievances of the petitioner may briefly be stated as follows:The petitioner was an Inspector of Railway Protection Force of the South Eastern Railway. During the period from 1998 to 2005, he was awarded with cash reward, commendation letters and merit certificate on several occasions by the higher authorities. His name was recommended for Indian Police Medal on the occasion of the Republic Day, 2005. He was allowed the benefit of financial upgradation to the pay scale of Rs. 8,000/- - Rs. 13,500/- with effect from 1.10.1999 under Assured Career Progression Scheme. There was no vigilance case nor any departmental proceeding pending against him. He also came under the zone of consideration for promotion to the rank of Assistant Security Commissioner, RPF. The controlling...

NabIn Kumar Agarwala and ors. Vs. State of West Bengal and ors.

Court: Kolkata

S.P. Talukdar, J.1. Challenging the notice dated 24th January, 2009, being Annexure-'P-2' at page 20, the petitioners filed this application under Article 226 of the Constitution. By the said notice, the Secretary of the Samsi Agril. High School (H.S.), invited applications for appointment of non-teaching staff in permanent vacancy. It was for the post of Clerk (both reserved for S.C. & General), Peon and two posts of Laboratory Attendants (one for General and the other reserved for S.T. category).2. Grievance of the petitioners, as ventilated by learned Counsel, Mr. Bhattacharjee on their behalf, relates to alleged illegality in such recruitment process. It was submitted by Mr. Bhattacharjee that the West Bengal School Service Commission (Amendment) Act, 2008 came into force on and from 1st January, 2009. By such amendment, all the recruitment in the post of Non-Teaching Staff in any Secondary School was required to be routed through School Service Commission. Section 7 of the Amendin...