Kolkata Court September 2009 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Ashim Ghosh @ Ashim Kumar Ghosh Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-23-2009
Dipankar Datta, J.1. A Committee viz. Suri Bus Stand Committee (hereafter the said Committee) was formed some time in 1978. It comprised of the following members:1) Additional District Magistrate, Birbhum - Chairman;2) Sub-divisional Officer, Sadar, Suri and ex-officio Executive Officer,the Municipality;3) Divisional Engineer, (Birbhum-O&M.Divn.;), W.B. State Electricity Board,4) Executive Engineer, PWD, Birbhum Dn.;5) Two non-official members of the Regional Transport Authority (to be nominated by them from amongst themselves);6) Deputy Superintendent of Police (Headquarters), Birbhum, Suri;7) A representative of the Bus Owners' Association;8) A representative of the Local Passengers' Association;9) A representative of the Local Motor Workers' Association;10) Deputy Collector (Treasurer), Birbhum; and11) Regional Transport Officer, Birbhum (Convenor & Secretary).2. The petitioner was appointed as Cashier-cum-Caretaker by the Chairman of the said Committee and Additional District Magis...
Shri Bijay Kumar Bhattar Vs. Trimurti Associates Pvt. Ltd. and anr.
Court: Kolkata
Decided on: Sep-23-2009
Ashim Kumar Roy, J.1. A proceeding relating to an offence punishable under Section 138 of the Negotiable Instruments Act was instituted against the petitioner and two others on the basis of a complaint made to the Court by the opposite party No. 1 being represented by one of its erstwhile Director Pawan Kumar Agarwal. After the said Pawan Kumar Agarwal left the company he was substituted by one Sri Vinay Kumar Gupta. Against such substitution petitioner moved the Sessions Court as well as the High Court but they lost there. Thereafter, the said Sri Vinay Kumar Gupta tendered his evidence by way of affidavit annexing therewith the Board Resolution whereby he was authorized to represent the complainant company. Since the Trial Court rejected the objection raised by the accused against acceptance of such evidence, hence this criminal revision challenging the said order.2. At the time of hearing of this application a supplementary affidavit has been filed on behalf of the petitioner accomp...
Pramila Sanfui and ors. Vs. Metro Cash and Carry India Pvt. Ltd. and o ...
Court: Kolkata
Decided on: Sep-23-2009
Jyotirmay Bhattacharya, J.1. This Application under Article 227 of the Constitution of India is directed against an order dated 28th September, 2007 passed by the learned Second Additional District Judge at Alipore in Misc. Appeal No. 66 of 2007 reversing the order dated 5th February, 2007 passed by the learned Civil Judge, Senior Division, 2nd Court at Alipore in Title Suit No. 121 of 1962 at the instance of some of the parties in the partition suit.2. The facts leading to the filing of this revisional application which are necessary for consideration of the merit of this revisional application are set out hereunder in brief:a) A suit for partition being Title Suit No. 43 of 1956 which was subsequently renumbered as Title Suit No. 121 of 1962 was instituted in Alipore Court for partition of suit properties wherein four different families namely Sardars, Mondals, Sanfuis and Pals were involved.b) By an order being No. 54 dated 24th November, 1958 passed by the learned Trial Judge, one ...
Sri Biswanath Neogi Vs. Director and Inspector General of Police and o ...
Court: Kolkata
Decided on: Sep-23-2009
S.P. Talukdar, J.1. Grievance of the applicant/writ petitioner, as ventilated in the present application, relates to alleged inaction, if not, willful indifference, on the part of the respondents-authority in complying with the judgment and order dated 15th November, 1987 passed by learned Single Bench of this Court in C.R. No. 3301 of 1979.2. The petitioner filed an application under Article 226 of the Constitution thereby challenging the charge sheet dated 27th November, 1978 issued by the Additional Inspector General of Police, the Disciplinary Proceeding No. 21 of 1975 and the enquiry report dated 8th August, 1978 submitted by the Deputy Inspector General of Police, Headquarters - West Bengal. The petitioner also raised grievance regarding certain adverse remarks in the Annual Confidential Report.3. The learned Single Bench of this Court after contested hearing of the matter disposed of the writ application by the judgment and order dated 15th November, 1987. The relevant direction...
Syed Mohmmed Jamil Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Sep-23-2009
S.P. Talukdar, J.1. Grievance of the petitioner as ventilated in the writ application relates to alleged illegality and arbitrariness on the part of the respondent-authorities in the matter of payment of arrear salaries, wages, overtime allowances etc. in favour of the writ petitioner.2. The petitioner had been working as Seaman by signing for 12 months to 18 months on Articles of Agreement in different jobs under Shipping Corporation of India. This was during the period from April 1978 to 1994. On 2nd September, 1994 he signed the Articles of Agreement on the vessel M.T. Dada Bhai Nauraji before the Shipping Master at Calcutta. The vessel anchored at Madras Port on 2nd November, 1994. The petitioner having fallen sick was compelled to sign off. He was admitted in Nursing Home and was under treatment till 4th November, 1994. Since he was not allowed to join the ship, he came to Calcutta on 12th November, 1994. He was not paid any subsistence allowance. 13th November, 1994 being a holid...
Smt. Anita Pattanayak and ors. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-23-2009
Biswanath Somadder, J.1. This appeal arises out of a judgment and order dated 16th September, 2004, passed by the learned Single Judge in W.P. No. 12314 (W) of 2002, whereby the writ petition filed by the appellants herein was dismissed on the ground that the writ petitioners had no locus standi to move the writ petition, inasmuch as they were neither the persons aggrieved nor were they prejudicially affected.2. The writ petitioners/appellants were the guardians (at the point of time of filing of the writ petition) of their wards, who were reading in a school, named Palaspai Anchal Gita Rani Dhara Balika Vidyalaya, situated in village-Bhairabpur in the District of Hooghly. According to the writ petitioners/appellants, the school was recognized as a 'Class-X' school on and from 1st May, 1992 and the concerned District Inspector of Schools approved twelve (12) teaching and three (03) non-teaching staff with effect from that date.3. It was contended by the writ petitioners/appellants that...
Eastern Coalfield Ltd. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Sep-22-2009
1. This is an appeal from a judgement and order dated 11th July, 2005 in a writ application W.P. No. 1841 (W) of 2000, Eastern Coalfields Limited v. Union of India and Ors. By this judgement and order the award dated 1st December, 1988 passed by the Central Government Industrial Tribunal, Asansol in reference No. 4 of 1989 was affirmed.2. Hence, this appeal.3. The issues involved are very short. But, proceedings emanating from the dispute have spread over three decades.4. In the early 70s, when there was no nationalisation of coal. There was a public company North Dhemo Coal Company Ltd. with its principal office at Calcutta. This company owned a coal mine called Burradhemo Mines.5. On and from 11th June 1972 the colliery was declared closed by its owners. All 1282 workers were discharged. This event gave rise to an industrial dispute. The owners, workers and the Central Government entered into a settlement, known as the tripartite settlement, on 13th September 1972. It appears that fu...
Banani Ghosh Vs. Arun Kumar Ghosh
Court: Kolkata
Decided on: Sep-17-2009
Bhaskar Bhattacharya, J.1. This first appeal is at the instance of a wife in a proceeding for divorce and is directed against the decree passed by the Principal Judge, Family Court, Calcutta dated 9th November, 2004 passed in Matrimonial Suit No. 398 of 1993 thereby passing a decree for divorce not only on the ground of cruelty but also on the ground that the wife was suffering from mental disorder.2. Being dissatisfied, the wife has come up with the present first appeal.3. The respondent/husband filed a suit being Matrimonial Suit No. 48 of 1990 in the City Civil Court at Calcutta under Section 13(1)(ia)(iii) of the Hindu Marriage Act, 1955 against the present appellant/wife on the ground of cruelty and mental disorder of the wife. The said suit was subsequently transferred to the Principal Family Court, Calcutta and was renumbered as Matrimonial Suit No. 398 of 1995.4. The case made out by the husband in the application for divorce may be summed up thus:a) The parties were married on...
Smt. Sujata Dutta and anr. Vs. the State of West Bengal
Court: Kolkata
Decided on: Sep-17-2009
Debiprasad Sengupta, J.1. This appeal is directed against the judgment and order of conviction and sentence passed by the learned Sessions Judge, Howrah dated 27.04.1998 and 29.04.1998 in Sessions Trial No. VII (4) of 1993 thereby convicting the accused appellants under Sections 302/201/34 of the Indian Penal Code and sentencing both of them to suffer rigorous imprisonment for life and to pay a fine of Rs. 5,000/- each, in default to suffer further rigorous imprisonment for three months.2. The prosecution case, in short, is that victim Arun Dutta and his wife Sujata (appellant No. 1) used to live in their ancestral house with other brothers at 12/1, Acharya Para Lane, P.S. Shibpur, District - Howrah. During this period one Swapan Sarkar (appellant No. 2) came to be acquainted with Arun Dutta and his wife Sujata in their ancestral house. Swapan Sarkar developed an intimacy with Arun Dutta and they decided to start a business. After sometime Sujata Dutta and Swapan Sarkar (appellants her...
The Managing Director, South Bengal State Transport Corporation Vs. Ma ...
Court: Kolkata
Decided on: Sep-16-2009
Bhaskar Bhattacharya, J.1. Both the appeal and cross-objection were taken up together and we propose to dispose of those one after the other.2. This appeal is at the instance of the owner of the vehicle in a proceeding under Section 166 of the Motor Vehicles Act and is directed against an award dated 5th July, 2007 passed by the Additional District Judge-cum-Member Motor Accident Claims Tribunal, Fast Track Court, First Court, Burdwan in M.A.C. Case No. 31 of 2006 thereby disposing of the said proceeding by awarding a sum of Rs. 15,00,000/- in favour of the claimants with a direction upon the owner of the vehicle, the Managing Director of the South Bengal State Transport Corporation, Durgapur, to pay the amount with interest @ 7.5% per annum from the date of filing the application till realization of the entire amount.3. Being dissatisfied, the owner of the vehicle has come up with the present appeal.4. After hearing the learned Counsel for the parties and after going through the mater...
- ‹ Prev
- 1
- 3
- 4
- 5
- 6
- Next ›
- Last »