Kolkata Court March 2010 Judgments
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Saukat Ali Mondal and ors. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Mar-25-2010
Syamal Kanti Chakrabarti, J.1. The common issue involved in all these four writ petitions is to decide whether the petitioners are entitled to absolute waiver from paying any bank loan under the Agricultural Debt Waiver and Debt Relief Scheme, 2008.2. The circumstances leading to filing of above Writ Petitions are narrated below:In Writ Petition No. W.P. 2999 (w) of 2009 the writ petitioners Samir Mallik and Pramir Mallik have challenged a notice issued to them on 7.7.08 followed by another notice dated 23.12.2008 issued by the Branch Manager of Axis Bank asking them to clear the outstanding dues to the tune of Rs. 1,11,724/- within seven days from the date of receipt of such notice. In their affidavit in opposition the respondent bank has stated that they have sanctioned a term loan of Rs. 5,50,000/- to the writ petitioners for purchase of tractors and its accessories repayable within a period of six years by half yearly instalment of Rs. 45,834/- together with contractual rate of int...
Shrimati Anima Ganguly and ors. Vs. Kalyan Kumar Neogi and ors.
Court: Kolkata
Decided on: Mar-23-2010
Kalidas Mukherjee, J.1. This is an application under Article 227 of the Constitution of India assailing the order No. 126 dated September 23, 2008 passed by learned Civil Judge (Junior Division), First Court at Sealdah, 24 Parganas (South) in Tittle Suit No. 276 of 1992 disposing of the application under Section 17(2) of the West Bengal Premises Tenancy Act directing the defendants to deposit Rs. 5,731/- within a specified date. Being aggrieved by the said order the defendants have preferred the instant application.2. The case of the petitioners/defendants is that the opposite parties instituted a suit bearing No. 276 of 1992 praying for eviction of the petitioners and for recovery of khas possession on the ground of default in payment of rent since March 2, 1988, reasonable requirement and also for mesne profits. The petitioner entered appearance in the said suit and filed written statement. The petitioners also filed an application under Section 17(1), 17(2) and 17(2A)(b) of the West...
Sankar Kumar Mondal Vs. Smt. Latika Rani Sarkar and ors.
Court: Kolkata
Decided on: Mar-23-2010
Kalidas Mukherjee, J.1. This is an application under Article 227 of the Constitution of India assailing the order No. 133 dated 20.12.2007 passed by learned Civil Judge (Junior Division), 1st Court, Baruipur in Title Suit No. 34 of 1996 rejecting thereby the petition under Order 26 Rule 9 read with Section 151 of the C.P.C.2. The opposite party No. 1 being the plaintiff filed a suit for declaration and permanent injunction against the petitioners bearing T.S. No. 34 of 1996 in the learned Court below. The defendants entered appearance and filed written statement denying all the material allegations made in the plaint. The Suit Property originally belonged to Mrinal Kanti Chakraborty. Soleman Gazi, the vendor of the plaintiffs and the defendants, purchased 161/2 decimals of land from Mrinal Kanti Chakraborty. Soleman Gazi although had 161/2 of land, sold 171/2 decimals of land. Although in all the deeds, specifications of boundaries were there, but, at the time of delivery of possession...
international Industrial Gases Limited Vs. Union of India (Uoi) and or ...
Court: Kolkata
Decided on: Mar-17-2010
Syamal Kanti Chakrabarti, J.:1. In this writ petition the petitioner, International Industrial Gases Limited has sought for a direction upon the respondent No. 2, Export Credit Guarantee Corporation of India Limited and/or its authorised officers and/or each of them to delete the name of the petitioner from the Specific Approval List published by them without reasonable cause and opportunity of being heard in violation of the principles of natural justice.2. The petitioner contends that it is a limited company engaged in export and import of different industrial gases and industrial generators. In course of its business it got some orders for export of one Acetylene Plant/ Generator to Baharain for which he obtained a letter of credit being No. 06110089 dated 26.10.2006 for an amount of US $ 91117.60 opened with the National Bank of Baharain through Canara Bank, Mumbai and advised through Allahabad Bank. On the basis of such letter of credit the respondent No. 4, The Chief Manager, All...
Gour Flour Mills Pvt. Ltd. Vs. Sarada Cereals Pvt. Ltd. and anr.
Court: Kolkata
Decided on: Mar-17-2010
Mohit S. Shah, C.J.1. Both these appeals are directed against the common judgment dated 11th December, 2009 by the Learned Single Judge in G. A. No. 2252 of 2009 and 2613 of 2009 in Civil Suit No. 234 of 2009 directing the Director, District Distribution, Procurement and Supply, Food & Supplies Department, Government of West Bengal to take appropriate steps to consider the case of plaintiff (respondent No. 1) in each of these appeals - Sarada Cereals Pvt. Ltd. for being allotted quota for supply of fortified atta to BPL consumers in Malda District.2. The facts leading to filing of these appeals, briefly stated, are as under:Government of West Bengal, Department of Food & Supplies invited applications from eligible operators of flour/ chakki mills to offer supply of fortified atta in the District of Malda to the BPL consumers. The flour mills were to be supplied wheat by the Director of District Distribution, Procurement and Supply, Food & Supplies Department, Government of West Bengal ...
Dileshwar Kumar and ors. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Mar-17-2010
ORDER ON LIMITED DEPARTMENTAL COMPETITION UNDER RULE 72 OF RPF RULES, 1987 FOR PROMOTION TO THE RANK OF ASI/RPF.As per this office order No. SC.30/19/34-E/ASI-72/2005 dated 30.06.2006 a departmental promotion committee consisting of (i) Sri Pranav Kumar, Sr. SC/RPF/HWH-I (ii) Sri S.R. Gandhi, DSC/HWH-II and (iii) Sri L. K. Bandia, ASC-II/SDAH was formed for holding limited departmental competition to the rank of ASI. Sri Pranab Kumar, Sr.SC/HWH-I being the senior most of the three members was ordered to assume the role of the Chairman of the committee.However, on receipt of a complaint alleging anomalies in selection the Vigilance Department conducted an enquiry on the selection proceedings. During enquiry some lapses have been detected.On perusal of the Vigilance report, DG/RPF has cancelled the selection proceedings.Hence the entire process so far initiated for the departmental promotion to the rank of ASI under Rule 72 of RPF Rules, 1987 vide this office letter No. SC.30/19/34-E/ASI...
Rameswar Bhattacharyya and Mr. Tanmay Chowdhury Vs. Jayeeta Chakrabort ...
Court: Kolkata
Decided on: Mar-16-2010
1. This writ petition has been filed assailing the judgment and order dated 19th November, 2009 passed by the learned West Bengal Administrative Tribunal in case number O.A.388 of 2005 whereby and whereunder the said learned Tribunal dismissed the application filed by the petitioner herein on merits.2. The petitioner herein claimed appointment on compassionate ground due to the sudden death of his uncle who died-in-harness on 13th June, 1993. The petitioner herein has specifically claimed that he was brought up by his uncle, the deceased employee from the childhood and he was the adopted son of his uncle. It is the specific case of the petitioner that he was solely dependent on the earnings of his uncle. After the sudden death of his uncle, the petitioner claimed appointment on compassionate ground.3. The Director of Health Services, West Bengal examined the claim of the petitioner for appointment on compassionate ground and passed an order upholding the claim of the petitioner for app...
Wpil Limited and ors. Vs. Asit Kumr Palit and anr.
Court: Kolkata
Decided on: Mar-12-2010
Bhaskar Bhattacharya, J.1. This first appeal is at the instance of the defendants in a suit for declaration and recovery of money and is directed against the judgment and decree dated June 26, 2009 passed by a learned Single Judge of this Court by which His Lordship passed a decree of Rs. 10,77,240/- and further, a declaration that the plaintiff/respondent has a right to receive, during his lifetime, the pension from the defendants under the superannuation scheme that was prevalent as on 24th June, 2002 @ Rs. 29,700/- a month with effect from July, 2002 with interest @ 12% per annum on the amount decreed.2. Being dissatisfied, the defendants have come up with the present appeal.3. The respondent before us filed against the appellants a suit out of which the present appeal arises thereby praying for the following relief:a) Declaration that the plaintiff has a right to receive during his life time pension from the defendants under the latter's Superannuation Scheme that was prevailing as...
Tarak Chandra Roy Vs. Abdul Rashid Rehman Shaikh and anr.
Court: Kolkata
Decided on: Mar-12-2010
Bhaskar Bhattacharya, J.1. This first appeal is at the instance of a plaintiff and is directed against the order dated 14th August, 2009 passed by a learned Single Judge of this Court by which His Lordship dismissed the suit as against the defendant No. 2 on the ground of non-service of writ of summons, however, with liberty given to the plaintiff to institute a fresh suit against the said defendant as the suit was one for infringement of registered trademark.2. Being dissatisfied, the plaintiff has come up with the present appeal.3. The following facts are not in dispute:a) The plaintiff filed a suit against the defendant Nos. 1 and 2 being C.S. No. 209 of 2007 thereby praying for permanent injunction alleging violation of infringement of registered trademark.b) In connection with the suit, the plaintiff also filed an application for interim order being G.A. No. 3179 of 2007. The said interlocutory petition was heard by a learned Single Judge of this Court on 13th September, 2007 by w...
National Cooperative Consumers Federation of India Limited Vs. the Ori ...
Court: Kolkata
Decided on: Mar-12-2010
Sanjib Banerjee, J.1. In this petition under Sections 11 and 15 of the Arbitration and Conciliation Act, 1996 the petitioner seeks appointment of an arbitrator consequent upon the erstwhile arbitrator having apparently abandoned the reference.2. Following a notice inviting tender of June 19, 2007 the petitioner made a bid for the work of handling, loading, transporting and removing iron ore from certain mines operated by the respondent. A letter of intent was issued on August 3, 2007 in favour of the petitioner. Disputes and differences arose between the parties within a few months. By a letter of May 6, 2008 the petitioner sought a reference of the disputes to arbitration and requested the chairman-cum-managing director of the respondent to appoint an arbitrator. Such official did not respond to the request with reasonable despatch. There is no dispute that there is an arbitration agreement contained in the notice inviting tender which binds the parties. There is no dispute either tha...
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