Kolkata Court November 2010 Judgments
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State of West Bengal and ors. Vs. Vidyasagar Pandey and Another.
Court: Kolkata Appellate
Decided on: Nov-24-2010
1. This writ petition has been filed assailing the judgment and order dated 25 th June, 2009 passed by the West Bengal Administrative Tribunal in case No. O.A. 301 of 2006 whereby and whereunder the said learned Tribunal was pleased to set aside the order of dismissal issued against the employee concerned namely, the respondent No. 1 herein and directed the concerned authority to reinstate the said respondent No. 1. 2. It appears from the available records that the respondent No. 1 being a Constable of Kolkata Police faced a departmental proceeding on the allegation that he robbed Rs. 10,200/- from the possession of one Md. Kuddus Ali by assaulting him with fists and blows and putting him in fear of instant death. A criminal case was recorded against the said Constable namely, the respondent No. 1 herein being Hare Street Police Station Case No. 430 dated 6 th July, 2000 under Section 392 I.P.C. and the said respondent No. 1 was also arrested in connection with the aforesaid criminal c...
Surajit Banerjee and anr. Vs. Baidya Nath Pramanick
Court: Kolkata Appellate
Decided on: Nov-24-2010
1. The suit for eviction filed by the opposite party against the petitioner herein for recovery of khas possession of the suit premises from the petitioner on the ground of reasonable requirement, was dismissed on contest by the learned Trial Court. However, the said decree was set aside in appeal and the learned First Appellate Court passed an eviction decree against the opposite party in the said appeal. The said decree passed by the learned First Appellate Court was affirmed in Second Appeal by this Honble Court. 2. Subsequently, when the said decree was put into execution for recovering khas possession from the defendant-debtor/petitioner, the judgment-debtor/petitioner filed a comprehensive application under Section 47 of the Code of Civil Procedure read with Order 21 Rules 97, 99, 100 and 101 of the Code of Civil Procedure contending inter alia that the said decree cannot be executed as the accommodation which is now available to the judgment debtor is sufficient to satisfy his p...
Pramod Chandak Vs. Union of India and ors.
Court: Kolkata
Decided on: Nov-23-2010
1. The Court:- The petitioner in this art.226 petition dated October 4, 2009 (sic) is seeking the following principal reliefs: - (b) A Writ of and/or in the nature of Mandamus do issue commanding the Respondent and each of them and their men, servants and agents to forthwith reject Form-32 referred to in the petition. (c) A Writ of and/or in the nature of Mandamus do issue commanding the Respondent and each of them and their men, servants and agents to declare that the persons nominated in paragraph 10 of the petition are the only members of the Board of Directors of the Respondent No.4 company to the exclusion of all others. 2. Counsel submits that actually the petitioner, an owner of shares in Texrose Yarns Pvt Ltd (the fourth respondent), is alleging inaction on the part of the Registrar in that the Registrar has not made any investigation under the Companies Act, 1956 on the basis of the petitioners representation wherein the petitioner alleged mismanagement. 3. Mr Sen, counsel for...
Nripen Roy and ors. Vs. State of West Bengal
Court: Kolkata Appellate
Decided on: Nov-23-2010
1. This appeal is directed against the judgment and order of the Additional Sessions Judge, Fast Track Third Court, Krishnagore, Nadia in Sessions Trial No. II (March), 2007 arising out of Sessions Case No. 22(11) of 2006, wherein the appellants were found guilty of having committed offences under Section 498A/304B/306 of the Indian Penal Code.2. The appellants-accused Nripen Roy, father-in-law Nirod Roy, mother-inlaw, Gouri Roy have been convicted and sentenced to suffer rigorous imprisonment for 3 years and to pay a fine of Rs. 10,000/- each in default to suffer S.I. for one year for committing offence punishable under Section 498A of IPC; to suffer R.I. for 10 years and to pay a fine of Rs. 10,000/- each in default to suffer S.I. for one year for committing offence punishable under Section 306 of IPC and to suffer Imprisonment for life for committing offence punishable under Section 304B of IPC. It was further directed that the fine, if realized, the entire amount be paid to father ...
Ananga Mohan Ghosh. Vs. Eastern Coalfields Ltd. and ors.
Court: Kolkata Appellate
Decided on: Nov-23-2010
1. In this Writ Petition, the Petitioner prays for an Order commanding upon the Respondents to accept the Petitioners age as per the Admit Card issued by the West Bengal Board of Higher Secondary Education. 2. The facts of the case, as pleaded by the Petitioner, is that he was appointed on 23rd April 1973 and although he had appeared for the Board Examinations at the time of his appointment, yet it was incorrectly recorded in the service record that he was a School Final Pass. 3. According to the Petitioner, the Colliery was taken over by M/s. Eastern Coalfield Ltd. as a subsidiary of Coal India Ltd. and thereafter nationalised under the provisions of the Coal Mines Nationalisation Act, 1973. 4. According to the further case of the Petitioner, the Respondent Authorities issued a Service Excerpt to all its employees including the Petitioner on or about 7th March, 1987 along with two copies thereof. The Petitioner has stated that his date of birth was wrongly recorded as 24 years as on 1...
Pintu Ghosh Vs. the State of West Bengal
Court: Kolkata Appellate
Decided on: Nov-23-2010
1. In this appeal the accused/appellant challenged the Judgement and order of conviction under Section 302 of the Indian Penal Code and sentence of imprisonment for life and fine of Rs. 5,000/- with default clause, passed against him in a sessions trial held before the Learned Additional District & Sessions Judge, Fast Tract, First Court, Kalyani, Nadia.2. The prosecution case against the appellant is as follows;Sometime in April 2004, the accused/appellant married deceased Bandana according to Hindu Rites and Customs. However, their married life was not happy as the accused/appellant was very much addicted to alcohol and used to consume liquor everyday and torture her under the influence of liquor. On August 22, 2005 at dead night around 2 a.m. the accused/appellant returned home in a heavily drunken condition and demanded money from his wife and as she refused to give him any money he started quarrel with her and then set her on fire by pouring kerosene oil on her person. The inciden...
Sri Annada Kumar Biswas. Vs. Smt. Sandhya Rani Biswas.
Court: Kolkata Appellate
Decided on: Nov-23-2010
1. This Court has heard the Learned Advocates for the respective parties. 2. The appellant filed T.S. No. 333 of 1997 against the respondent and other persons for a declaration that he is a tenant under the respondent in respect of the property in dispute. The appellants case was that he being a monthly tenant under the respondent at an yearly rent of Rs.5000/- the appellant has been in exclusive possession of the suit property where he carries on his business. The respondent and another defendant in the said suit contested the said suit by filing written statement. The respondents case was that the appellant who came from Bangladesh was permitted to carry on the business of the respondent as a caretaker so that the appellant and his family could make a living out of the income from the said business, as the relationship was cordial. According to the respondent, the appellant committed a breach of trust and procured certain paper concerning the business in his own name to make a wrongf...
Berger Paints India Ltd. Vs. Anoop Kumar Agarwal
Court: Kolkata
Decided on: Nov-22-2010
The Court : The plaintiff says that the application for judgment on admission, GA No.1371 of 2009, was attempted to be served on the defendant at the defendants known and recorded address but service could not be effected. According to the plaintiff, the defendant is not available at the recorded address and the shop thereat is closed. Pursuant to leave obtained by the plaintiff, the plaintiff caused substituted service to be effected and notices were published in newspapers circulated in Delhi. The defendant has not appeared at any stage and is not represented today when the matter has appeared as an unopposed motion. The plaintiff seeks judgment on admission in the sum of Rs.14,98,287/- covered by a cheque dated February 26, 2008 issued by the defendant which was dishonored upon presentation. There will be a decree passed on admission in the sum of Rs.14,98,287/- together with interest thereon at the rate of eight per cent per annum from the date of the cheque. The plaintiff will als...
Sk. Altaf HossaIn Vs. the State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Nov-22-2010
1. The petitioner in this art.226 petition dated November 9, 2010 is questioning the final assessment bill dated October 29, 2010 (at p.32) issued by the Samsi Station Manager of the West Bengal State Electricity Distribution Company Limited. 2. Supply of electricity to the petitioner was disconnected on September 14, 2010 on the grounds of theft of electricity. An FIR was lodged under s.135 of the Electricity Act, 2003. An order of provisional assessment was made directing the petitioner to pay the provisionally assessed amount. On October 5, 2010 the assessing officer made an order of final assessment (at p.29). Then the licensee raised the final assessment bill. 3. Counsel argues as follows. The final assessment bill is dated September 15, 2010. It is thus evident that without giving the petitioner any opportunity of hearing the assessing officer determined final liability under s.126 of the Electricity Act, 2003. It has been stated in paras. 6 and 7 that the assessing officer did n...
Mrigan Maity and ors. Vs. Daridra Bandhab Bhandar
Court: Kolkata
Decided on: Nov-18-2010
The Court : An utterly disappointing report has been furnished by the Registrar, Original Side. In connection with an application made by the State Government, which was not a party to the suit, it came to light that this suit had been disposed of twice over. In course of an interlocutory application disposed of on October 8, 2004, the suit was treated to be as on the days list of the Interlocutory Court and disposed of. Unmindful of this order, the department placed the suit in the list of defective suits to be dealt with by the Interlocutory Court earlier this year. When the suit was called on by the Interlocutory Court, since none appeared and the defects had apparently remained for more than six years, it was dismissed for default. The department was apparently unaware that the suit had been disposed of in the year 2004; or else the matter could not have been treated as a live suit. The Registrar, Original Side, was required to make an inquiry and file a report. The Registrar has r...
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