Kolkata Court August 2009 Judgments

Shirsha Nath Mallick Vs. Arun Kumar Sarkhel

Court: Kolkata

Reported in: AIR2010Cal26

Jyotirmay Bhattacharya, J.1. This application under Article 227 of the Constitution of India is directed against an order dated 6th January, 2009 passed by the learned Additional District Judge, Barrackpore, North 24Parganas in Misc. Case (Act VIII) No. 147 of 2007 in the following background.2. An application under Section 8 of the Hindu Minority and Guardianship Act, 1956 read with Section 10 Guardian and Wards Act, 1890 was filed by the petitioner inter alia praying for his appointment as guardian over the person and property of the minor Sri Shila Dipta Mallick. The said application which was filed by the petitioner before the learned District Judge at Barasat was registered as Misc. Case No. 147 of 2007 under Act VIII of 1890. On the very day when the said application was filed before the learned District Judge at Barasat, the petitioner filed an application before the learned District Judge at Barasat inter alia praying for transfer of the said case to the Court of the learned Ad...

Calendula Realtors Private Limited Vs. Cesc Limited and ors.

Court: Kolkata

ORDERWhereas CESC Limited, having its Registered Office at CESC House, Chowringhee Square, Kolkata-700001 (hereinafter referred to as 'CESC'), is a Public Limited Company registered under the Companies Act, 1956 and a licensee engaged in the business of distribution and generation of electricity, under the Electricity Act, 2003; And, whereas CESC is required to establish distribution system and to undertake supply of electricity through its distribution system : And, whereas placing and maintaining of electric lines or electrical plant under, over, along or across, posts in or upon any immovable property for the supply of electricity or for the purpose of telephonic or telegraphic communications necessary for proper co-ordination of works, the vesting and excise of the powers of the Telegraph Authority under Part-III of the Indian Telegraph Act, 1885 (8 of 1885) with respect to the placing of the telegraph lines and posts established or maintained or to be so established or maintained ...

Monoranjan Pattanayak Vs. the State Bank of India and ors.

Court: Kolkata

Dipankar Datta, J.1. The petitioner, at the material time, while holding the post of Deputy Manager (Law) of State Bank of India (hereafter the Bank) was posted at its Bidhannagar Zonal Office. Disciplinary proceeding was initiated against him vide charge-sheet dated 9th May, 2000 issued by the Deputy General Manager, Zonal Office of the Bank, being his disciplinary authority. The charges read as follows : (i) you did not declare in your statement of Assets and Liabilities as on 31.03.97 submitted to the Bank a land measuring 7 Cottah 7 Chattak 13 sq. ft. (arround 500 sq. metre.) at 226/5/1 N.S.C. Bose Road, Calcutta 700 092 purchased by your wife, Smt. Nibedita Pattanayak, along with one Smt. Mita Ghosh on 30.09.96 at cost of Rs. .4 lacs, for the purpose of promotion and developing. (ii) You did not intimate in writing to the Competent Authority regarding acquisition of the abovementioned immovable property in the name of your wife.. (iii) You did not disclose the amount of Rs. 1.90 l...

Sri Sanat Kumar Banerjee Vs. the State of West Bengal and anr.

Court: Kolkata

Ashim Kumar Roy, J. 1. Against an order rejecting the petitioner's prayer for discharge under Section 239 of the Code of Criminal Procedure in connection with a case relating to the offences punishable under Sections 418/468/471 of the Indian Penal Code, the petitioners has brought this criminal revision before this Court.2. Mr. Anand Keshri appearing for the petitioner contended that the impugned order was passed mechanically and without appreciating the case of defence in its proper perspective. He vehemently urged the petitioner was entitled to discharge for the following reasons:(a) The accused was already working in a reputed company and as such has no reason to secure a new job by producing a forged Mark Sheet.(b) Since accused was possessing the requisite qualification for the post there is no reason for him to produce forged Mark Sheet.(c) According to the prosecution the accused produced the forged Mark Sheet of M.B.A. Examination but M.B.A. was an additional qualification whi...

The Calcutta Metropolitan Development Authority and ors. Vs. Smt. Mine ...

Court: Kolkata

I.P. Mukerji, J.1. This is an appeal from a judgment and order dated 27th September, 2005 in C.O. No. 6836 (W) of 1987, by which the appellants have been directed to return to the respondent her land, under requisition by them, in exercise of powers under The West Bengal Land (Requisition and Acquisition) Act 1948, within a period of two months from the date of communication of the order. In the event such land was returned to the respondent within the time specified in the order the respondent would have no right to claim compensation for wrongful occupation of the said land by the appellants.2. In this judgment reference to appellants would include the state proforma respondents.3. The respondent claims to be the owner of 0.36 acres (the appellant claims that it is 0.43 acres) of land in the Kasba area of Kolkata. On 6th September, 1979 an order of requisition of the said land was made under The West Bengal Land (Requisition and Acquisition) Act 1948. This order of requisition covere...

Bablu Mitra and ors. Vs. State of West Bengal and ors.

Court: Kolkata

Sanjib Banerjee, J.1. On the menu is a limited diagnosis of the state of health of the public healthcare in the State. A clutch of petitions challenges a government memorandum of June 12, 2009 and subsequent notices inviting tender for supply of cooked diet for indoor patients at State-run hospitals and like institutions. Most of the petitioners, including the ones in the first petition, are existing suppliers of cooked diet to Government hospitals; some of the other petitioners are not existing suppliers but, like the petitioners in the first petition, intended to put in their bids at the time that the petitions were instituted. The petitioners challenge the notification and the tender terms on two primary grounds: that the eligibility criteria set therein are absurd and mala fide and have no nexus with the work covered thereby; and, that the revised rates for supply of cooked diet to all Government-run hospitals are irrational and contrary to the observations found in at least one ea...

Abhijit Bhattacharjee Vs. State of West Bengal and ors.

Court: Kolkata

ORDERWHEREAS by a letter dated 23.09.2002 bearing Ref. No. P-1/994/02 explanation was sought for from Sri Abhijit Bhattacharya, Jr. Assistant-cum-Typist attached to the Purchase Section, JadavpurUniversity asking him to intimate the reason for his unauthorised absence since 12.09.2002.WHEREAS it appears from the reply of Sri Bhattacharya that he was arrested on 12.09.2002 and was in Jail Custody till 23.09.2002 where after he has reportedly fallen ill.AND WHEREAS it appears from a letter dated 26.09.2002 received from Jadavpur Police Station addressed to the Registrar, JadavpurUniversity that Sri Abhijit Bhattacharya was arrested on 12.09.2002 in connection with Jadavpur P.S. Case No. 285 dated 12.09.2002 Under Section 498A/34 of I.P.C. and 3 & 4 of Dowry Prohibition Act on an allegation that Sri Abhijit Bhattacharya was allegedly misbehaving with his wife Smt. Pratiksha Bhattacharya often inflicting ill- treatment and subjecting her to cruelty and torture and consequently he was forwa...

Brajeswar Sarkar Vs. the State of West Bengal

Court: Kolkata

Kalidas Mukherjee, J.1. These appeals bearing Nos. CRA 496/2006, CRA 592/2006, CRA 560/2006 and CRA 478/2006 are directed against the judgment of conviction and sentence passed by learned Additional Sessions Judge, First Court, Jalpaiguri sentencing the appellants Adhir Sarkar, Tapan Singha Sarkar and Brajeswar Sarkar to suffer rigorous imprisonment for ten years and a fine of Rs. 10,000/- each in default rigorous imprisonment for another six months under Section 376(2)(g) of Indian Penal Code. The learned Judge, however, after assigning reason sentenced Prafulla Sarkar to suffer rigorous imprisonment for five years and a fine of Rs. 20,000/- in default to suffer rigorous imprisonment for one year. The learned Judge directed that the fine, if realised, be given to the victim for her welfare.2. In connection with these appeals, the CRR No. 2788 of 2006 filed by the defacto-complainant for enhancement of sentence on the appellants has also been heard by consent of both sides treating the...

Shantilal Atta and ors. Vs. the State of West Bengal and ors.

Court: Kolkata

Tapen Sen, J.1. In this Writ Petition, the Petitioners have prayed for the issuance of a Writ of Mandamus commanding upon the Respondents to abandon their move and/or their scheme of acquisition of their land being Plot No. 459; Premises No. 171; Mouza and Police Station, Malipanchghora, G.T. Road (North) within the Howrah Municipal Corporation.2. The Petitioners have further prayed for the issuance of a Writ of Mandamus commanding upon the Respondents to return and/or release the said land to them even if it has already been acquired as the same has been so done in an illegal and arbitrary manner and without any Notice to them. The Petitioners have also prayed for the issuance of a Writ of Mandamus directing the Respondents to allow them to carry on with their industrial business of foundry under the name and style of M/s. Attas Iron Foundry, without any interference.3. The facts as could be gathered from the Writ Petition are that the Petitioners are the absolute owners having physic...

The Oriental Insurance Co. Ltd. Vs. Smt. Tanushri @ Tanushree Banerjee ...

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 June, 2007 passed by the Motor Accident Claims Tribunal and Fast Track, 1st Court, Asansol, in M.A.C. Case No. 88 of 2006 thereby awarding a sum of Rs. 10,80,163/- in favour of the claimants. The Insurance Company was directed to make payment of the said amount within two months from the date of passing of award with a stipulation that in default of making such payment within the said period, the awarded sum would carry interest at the rate of 9% per annum till realization of the amount. 2. Being dissatisfied, the Insurance Company has come up with the present appeal. 3. According to the claimants, on 18th June, 2005 while their predecessorin- interest was proceeding towards his house at New Konda from Asansol by riding his motorcycle bearing No. WB-40G/8012, a truck bearing No. WMH-6064 hit the said m...