Kolkata Court September 2009 Judgments

Arvind Kumar Ojha Vs. Eastern Coalfields Ltd. and ors.

Court: Kolkata

Dipankar Datta, J.1. This is a writ petition that merits dismissal solely on the ground of gross suppression of material facts. But I do not propose to do that. I have considered the writ petition on its merits. Even then, I do not find any justification to exercise writ powers in favour of the petitioner.2. The petitioner was rendered 'land loser' as a consequence of acquisition of land by Eastern Coalfields Limited (hereafter ECL). In pursuance of a scheme introduced by ECL for appointing 'land losers', the petitioner was appointed to a post in the clerical cadre at its Jhanjra Project. Appointment letter was issued on 18.9.1984 pursuant whereto the petitioner joined on 6.3.1985. It is claimed in the petition that the petitioner had submitted an application on 1.10.1993 with a prayer for granting leave on medical ground. He was suffering from ulcer and undergoing treatment under Dr. N.K. Nandi of Andal More, Ukhra Road who had advised him complete bed rest. The application had been s...

Biplab Ranjan Bose Vs. Public Service Commission and Ors.

Court: Kolkata

S.P. Talukdar, J.1. Applications under Article 226 of the Constitution had been filed one after another in connection with the recruitment process in West Bengal Judicial Service Examination, 2007. To avoid confusion and controversy and in response to the submission made by or on behalf of the parties, those were heard analogously over a protracted period of time. All those matters are now being taken up one after another.2. In W.P. No. 27163 (W) of 2008, the petitioner appearing in person claimed that he appeared in West Bengal Judicial Service Examination, 2007 in response to an advertisement for recruitment published in January, 2007. Result of the preliminary examination was declared by respondent No. 1, Public Service Commission, West Bengal on 16th June, 2007. Final result was published on 28th September, 2007. Successful candidates were asked to appear in the personality test. Petitioner did not find his name in the said list. Though much below his expectation level, he came to ...

Sonam Bahadur Gurung Vs. Union of India (Uoi), Central Customs

Court: Kolkata

Ashim Kumar Banerjee, J.1. On April 17, 1999 Sonam Bahadur Gurung, holding Passport from Nepal, was waiting at the Calcutta Airport to board the Thai Flight, TG-314 going to Bangkok. On an intelligence information the Customs Authority intercepted him. His checked-in baggage was brought from the luggage hold. On examination of the baggage in presence of Gurung, 6 Kgs. of black sticky substance was recovered which was kept in the suitcase at its inter bottom panel. On a primary examination with the help of necessary kit, the substance was found to be Hasish being a contraband drug under the Narcotic Drugs and Psychotropic Substance Act, 1985 (N.D.P.S. Act of 1985). Gurung was immediately arrested and he is still under detention.2. Gurung was subsequently charge-sheeted under the provisions of Section 21 and 23 of the N.D.P.S. Act. He was ultimately held guilty of the offence and was imposed a sentence of twelve years Rigorous Imprisonment. As of date Gurung already suffered detention of...

Dr. Shekhar Roy Chowdhury Vs. Syed BahauddIn and ors.

Court: Kolkata

Jyotirmay Bhattacharya, J.1. The plaintiffs' application for amendment of plaint was allowed by the learned Trial Judge by an order dated 19th February, 2009 vide Order No. 48. passed by the learned Civil Judge, Junior Division, Additional Court at Sealdha in Ejectment Suit No. 380 of 2005. The defendant is aggrieved by the said order.2. Hence the instant Revisional Application under Article 227 of the Constitution of India has been filed by the defendant/petitioner herein before this Court.3. Heard Mr. Bhattacharya, learned Advocate appearing for the petitioner and Mr. Chatterjee, learned Advocate appearing for the opposite parties. Considered the materials on record including the order impugned.4. Let me now consider the merit of this revisional application in the facts of the instant case.5. The plaintiffs filed a suit for eviction against the defendant/petitioner herein on various grounds under the West Bengal Premises Tenancy Act, 1997.6. On perusal of the plaint, this Court finds...

Chainbanu Khatun and ors. Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: AIR2010Cal1

Pranab Kumar Chattopadhyay, J.1. The only question that falls for consideration in this appeal is whether convening a meeting will mean holding of the same. In other words, convening and holding of the meeting will have identical meaning in relation to various provisions of West Bengal Municipal Act, 1993 and West Bengal Municipalities (Procedure & Conduct of Business) Rules, 1995.2. The appellants herein are the Councillors of Dhulian Municipality who filed the writ petition challenging the right, authority and jurisdiction of the three Councillors to issue notice on 14th August, 2008 calling a special meeting of the Board of Councillors of the said Dhulian Municipality on 19th August, 2008 for the purpose of discussions and also to adopt resolution for removal of the Chairman of the said Municipality, when the Vice-chairman of the said Municipality had already issued notice on 11th August, 2008 convening the special meeting on 20th August, 2008 in terms of Rule 9(3)(b)(ii) of the Wes...

Anil Kumar Biswas and ors. Vs. Subodh Chandra Paul and ors.

Court: Kolkata

Jyotirmay Bhattacharya, J.1. This application under Article 227 of the Constitution of India is directed against an order dated 18th May, 2009 passed by the learned Civil Judge, Junior Division, 4th Court at Sealdah in Misc. Case No. 41 of 2003 whereby the judgment debtors' application under Section 47 of the Civil Procedure Code was rejected by the learned Executing Court on contest.2. Hence, the instant revisional application has been filed by the defendants/judgment debtors/petitioners herein.3. Heard Mr. Roy Chowdhury, learned Senior Counsel appearing for the petitioners and Mr. Banerjee, learned Advocate appearing for the opposite parties/decree holders.4. Let me now consider the merit of this revisional application in the facts of the instant case.5. The short background of this litigation leading to filing of this revisional application is recorded hereunder:(a) Originally the suit property was held by M/s. Ishpahani & Co. Ltd. as owner thereof. An eviction proceeding was filed ...

Milan Krishna Roy Vs. Allahabad Bank and ors.

Court: Kolkata

Tapan Mukherjee, J.1. This appeal at the instance of the writ petitioner is directed against the judgment and order passed by Learned Single Judge in W.P. No. 17094 (W) of 2003 dismissing the writ application.2. The appellant joined the service of Allahabad Bank in 1977 as a Field Officer in Scale I category. He was promoted to the post of Deputy Manager and then Senior Manager in the Scale III. His date of birth was 26th October 1948. At the time of joining in the Bank service appellant submitted all the necessary credentials including birth certificate. He informed bank authorities that his correct date of birth was 26th October 1948 instead of 1943 as inadvertently recorded in the matriculation certificate. After passing matriculation examination he got scholarship for intermediate study and news was published in local daily of Chitagaon now in Bangladesh called Dainik ITTEFAQ. According to the appellant, his father collected the corrected date of birth from local Prasuti Sadan at C...

Prantik Service Station and anr. Vs. Indian Oil Corporation Limited an ...

Court: Kolkata

Sanjib Banerjee, J.1. An order of the appellate authority under the marketing discipline guidelines of nationalised oil companies is under challenge; and, through it, the conduct of the Indian Oil Corporation in terminating an agreement with the petitioner firm for operating a retail outlet.2. On December 23, 1970 the firm was permitted to operate a retail outlet under a dealership agreement. A subsequent agreement was entered into between the firm and the Corporation on January 9, 1997. During the currency of the 1997 agreement the firm was found to have adulterated the petrol stored in the underground tanks at the retail outlet. The Corporation says that on December 24, 2007 its authorised agent detected an irregularity in the petrol stored at the outlet. On December 27, 2007 such authorised agent performed a marker test on the petrol at the outlet and the sample tested indicated adulteration. A report was filed to such effect.3. On the same day the authorised agent required the peti...

Ashoke Kumar Mukherjee Vs. the Eastern Coalfields Ltd. and ors.

Court: Kolkata

Jayanta Kumar Biswas, J.1. The petitioner in this writ petition dated June 18, 2007 has challenged the order of the Chief General Manager, Kunustoria Area, Eastern Coalfields Ltd. dated March 25/27, 2006, Annexure P29 at p.83, inflicting on him the punishment of termination of service.2. In 1991 the petitioner joined Kunustoria Colliery of the Eastern Coal Fields Ltd. as a general mazdoor. He was given a compassionate employment on the ground that his father who was working in the colliery died in harness.3. By issuing a charge-sheet dated June 17/18, 1996, Annexure P1 at p.31, the petitioner's employer asked him to explain why disciplinary action should not be taken against him for leaving the workplace without permission on June 17, 1996. It was further alleged that he was in the habit of leaving the place of work after marking his attendance. By another charge-sheet dated March 1, 1997, Annexure P3 at p.33, his employer asked him to explain why disciplinary action should not be take...

Malay Kr. Pakhira Vs. Papia Pakhira (Nee Mondal)

Court: Kolkata

Prasenjit Mandal, J.1. This first appeal is directed against the judgment and decree dated March 31, 2006, passed by the learned Additional District Judge, Third Court, Howrah, in Matrimonial Suit No. 430 of 2001 thereby allowing the application under Section 10 of the Hindu Marriage Act and thereby passing a decree for judicial separation on and from the day of passing the judgment and decree.2. The short fact is that the wife/respondent filed the petition under Section 10 of the Hindu Marriage Act. According to her application, her marriage with the husband/appellant was solemnized on July 29, 1995, as per Hindu rites and customs and the said marriage was also registered under the provisions of the said Act. Thereafter, they lived together and two daughters were born in the wedlock. But the appellant was very much suspicious about the character of the respondent. The appellant and other members of the family subjected her to mental and physical cruelty for realising valuable articles...