Kolkata Court September 2009 Judgments
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Sri Sarbeswar Bhuimali @ Sarbeswar Bhunimali @ Bapi Bhunimali Vs. Sri ...
Court: Kolkata
Decided on: Sep-16-2009
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 17th April, 2009 passed by the Commissioner for Workmen's Compensation, West Bengal, First Court, in Claim Case No. 326 of 2004, thereby disposing of the proceeding by awarding a sum of Rs. 1,31,970/- 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 @ 12% per annum till the date of realization.2. Being dissatisfied, the claimant has come up with the present appeal.3. The only point taken by Mr. Mondal, 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 learned Commissi...
The Oriental Insurance Co. Ltd. Vs. Smt. Rusi Mudi and ors.
Court: Kolkata
Decided on: Sep-16-2009
Bhaskar Bhattacharya, J.1. Both the appeal and the cross-objection were taken up together for hearing.2. First we propose to take up the appeal for consideration.3. This appeal is at the instance of Insurance Company in a proceeding under Section 163A of the Motor Vehicles Act and is directed against an award dated 25th April, 2008 passed by the learned Judge, Motor Accident Claims Tribunal, First Court, Purulia, in M.A.C. Case No. 24 of 2007, thereby disposing of the said proceeding by awarding a sum of Rs. 4,12,500/- as compensation with a direction upon the Insurance Company to pay the said amount with interest @ 6% per annum from the date of filing of the application till final realisation within three months of the said award.4. Being dissatisfied, the Insurance Company has come up with the present appeal.5. Mr. Mahato, the learned advocate appearing on behalf of the claimant- respondent, at the very outset, has taken a preliminary objection as regards the maintainability of the p...
Sri Adhir Kumar Guchait Vs. Smt. Maya Rani Majhi and anr.
Court: Kolkata
Decided on: Sep-16-2009
Tapan Mukherjee, J.1. This Revisional Application is directed against the order passed by the learned Additional District Judge, Alipore in Misc. Appeal No. 294 of 1992 reversing the impugned order dated 6.6.1992 passed by the learned Munsif, Alipore in Misc. Case No. 70 of 1987 allowing the petition for pre-emption under Section 8 of the West Bengal Land Reforms Act, 1955 on the ground of vicinage.2. It has been contended by the learned Counsel for the petitioner that the petitioner is the adjoining land owner of the disputed property which was transferred to O.P. No. 1 by O.P. No. 2 by virtue of the registered deed of sale dated 28th April, 1986. Though the said property was purchased by O.P. No. 1 on 28th April, 1986, the said fact was not brought to the notice of the petitioner-pre- emptor by or exercising fraud and on 24th June, 1987, the O.P. No. 1 for the first time came to the case land and she was digging earth on the case land with a view of raising the same to high land. On ...
Lalpari Devi (Pandit) Vs. the State of West Bengal
Court: Kolkata
Decided on: Sep-16-2009
Kalidas Mukherjee, J.1. This appeal is directed against the judgment of conviction and sentence passed by learned Additional Sessions Judge, First Court, Hooghly in Sessions Trial No. 90 of 1991 sentencing thereby the appellant to suffer imprisonment for life and to pay a fine of Rs. 2,000/- in default to suffer rigorous imprisonment for one year under Section 302 of the Indian Penal Code. The victim Smt. Minati Pandit made a statement which was recorded as an F.I.R. It has been alleged therein that on 03.9.1989 at 8.30 a.m. she was engaged in cooking and at that time the accused Lalpari Pandit wife of Surya Pandit, the next door neighbour arrived in front of the gate of the house of the victim and started abusing her in filthy language over the issue of putting cow-dung cakes over the wall of Rampuria Math. She protested and there was quarrel between them. During that quarrel Lalpari threatened the victim that she will teach her a lesson. The husband of the victim arrived there and th...
The New India Assurance Co. Ltd. Vs. Mita Samanta and ors.
Court: Kolkata
Decided on: Sep-15-2009
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 18th July, 2007 passed by the Motor Accident Claims Tribunal, Fifth Court, Burdwan, in M.A.C. Case No. 27 of 2006 thereby disposing of the said proceeding by awarding a sum of Rs. 6,35,580/-in favour of the claimants with the observation that out of the said amount Rs. 5,000/- should be exclusively awarded in favour of the widow as loss of consortium with a direction upon the Insurance Company to pay the said amount within a specified date along with interest @ 9% per annum from the date of application till the entire amount was paid.2. Being dissatisfied, the Insurance Company has come up with the present appeal.3. In the application for compensation, the claimants, the heirs and legal representatives of the victim, alleged that the victim while driving his own motorcycle was struck from behind by a truck ...
Fulun Sekh and ors. Vs. the State of West Bengal
Court: Kolkata
Decided on: Sep-15-2009
Kalidas Mukherjee, J.1. This appeal is directed against the judgment of conviction and sentence passed by learned Additional Sessions Judge, Kandi, Murshidabad in Sessions Serial No. 45 of 1998 corresponding to Sessions Trial No. 2 of June, 2000 sentencing thereby the appellants to suffer imprisonment for life and also to pay a fine of Rs. 1,000/- each in default to suffer rigorous imprisonment for six months each under Section 302/34 of the Indian Penal Code. The learned Judge also convicted and sentenced the appellant Fulan Seikh to suffer rigorous imprisonment for one year and to pay a further fine of Rs. 1,000/- in default to suffer rigorous imprisonment for six months for the offence punishable under Section 9B(1)(b) of the Explosive Act with the direction that the sentences shall run concurrently.2. One Dibyendu Kumar Saha lodged complaint with the O.C. Kandi P.S. on 25.6.1993 alleging that at about 7.30 a.m. his elder brother Ardhendu Kumar Saha of Ganthla went to market near Ga...
Anisha Singh Vs. Sanju Chand
Court: Kolkata
Decided on: Sep-11-2009
Bhaskar Bhattacharya, J.1. This Rule has been issued on an application for contempt filed by the appellant of a First Miscellaneous Appeal alleging willful disobedience of the respondent by violating the order dated 22nd June, 2007 passed by a Division Bench of this Court in connection with the said appeal whereby the respondent was restrained from further proceeding with the application for divorce being numbered as 06 FA 1452 of the Circuit Court, Branch1, at Waukesha Country of Wisconsin State, United States of America. According to the applicant, in spite of full knowledge of such order, the respondent proceeded with the said Matrimonial Proceeding and got an ex parte order of divorce from the above Court of the United States of America.2. The petitioner before us filed a suit being Matrimonial suit No. 893 of 2007 in the Court of District Judge, Alipore, District: South 24- Parganas for judicial separation against the respondent and also for declaration that their marriage cannot ...
Dr. Braja Gopal Bag Vs. Smt. Sharmistha Bag
Court: Kolkata
Decided on: Sep-11-2009
Bhaskar Bhattacharya, J.1. This first appeal is at the instance of a husband in a suit for divorce on the ground of cruelty and is directed against the judgment and decree dated 5th August, 2005 passed by the learned Additional District Judge, First Court, Midnapore, in Matrimonial Suit No. 189 of 2001 thereby dismissing the said suit. Being dissatisfied, the husband has come up with the present appeal.2. The appellant before us filed a suit being Title Suit No. 189 of the 2001 in the Court of the learned District Judge, Midnapore for divorce and the case made out by the appellant may be summed up thus:(a) The parties were married according to Hindu rites and customs on 19th July, 1999 in the house of the father of the respondent at Bidhan Nagar Town, District- Midnapore within the territorial jurisdiction of the Court.(b) The appellant was a student of Midnapore College from which he graduated with Honours in Chemistry in the year 1986 and the father of the respondent at the relevant ...
Smt. Mousumi Banerjee Vs. Sri Bidyut Kumar Banerjee
Court: Kolkata
Decided on: Sep-11-2009
Bhaskar Bhattacharya, J.1. This appeal is at the instance of a wife in a suit for divorce on the ground of cruelty and is directed against the judgment and decree dated 16th May, 2005 passed by the Additional District Judge, Third Court, Barassat in Matrimonial Suit No. 17 of 2002 by which the learned Trial Judge granted the decree for divorce.2. Being dissatisfied, the wife has come up with the present first appeal.3. The husband filed a suit being Matrimonial Suit No. 1294 of 2001 in the Court of the learned District Judge, Barasat for divorce on the ground of cruelty. The said suit was subsequently transferred to the Court of the learned Additional District Judge, Third Court, Barasat and was renumbered as Matrimonial Suit No. 17 of 2002.4. The case made out by the husband may be summed up thus:(a) After the marriage of the parties, they started staying together at the house of the husband at 12/1, Mahajati Nagar, Birati and immediately after the marriage, the trouble started in the...
Suraj Konar and ors. Vs. University of Calcutta and ors.
Court: Kolkata
Decided on: Sep-11-2009
Dipankar Datta, J.1. 'Merit must be the test when choosing the best', said Hon'ble V.R. Krishna Iyer, J. in Dr. Jagdish Saran and Ors. v. Union of India and Ors. reported in : AIR 1980 SC 820. This ought to be the 'mantra' of every public authority entrusted with the task of selecting candidates, be it in the sphere of employment or admission to education institutions or representing the nation or the state in varied activities, and the like. According to the petitioners, there has been a conscious effort on the part of the authorities of the University of Calcutta (hereafter the University) to promote mediocrity at the expense of merit and they urge the Court of Writ to undo the wrong perpetrated by it to their utter detriment and prejudice.2. To resolve the dispute, its origin, the relief claimed and the respective stands of the rival parties may be noticed.3. The University published an advertisement on or about 11.8.2009 inviting applications for admission to various Post-Graduate ...
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