Kolkata Court April 2010 Judgments
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S.S.B. Projects Ltd. and ors. Vs. Chiradeep Bhattacharya and ors.
Court: Kolkata
Decided on: Apr-16-2010
Jyotirmay Bhattacharya, J.1. A question has cropped up in this revisional application as to whether an order granting permission to sell the vendor's interest in the property to his purchaser, if the vendor so wishes, is capable of execution under Order 21 Rule 32 of the Code of Civil procedure?2. The proposed purchaser viz. the defendant No. 4 filed an application under Order 21 Rule 32 of the Civil Procedure Code for execution of such an order against his vendor viz. the defendant No. 1.3. The learned Trial Judge rejected the said application under Order 21 Rule 32 of the Code of Civil procedure filed by the defendant No. 4, by holding inter alia that such an order is not capable of execution. While rejecting the said application, the learned Trial Judge observed that if the defendant No. 1 (vendor) violates the contract for sale, other remedy was open to the proposed purchaser for enforcement of the said contract. Thus, the learned Trial Judge was of the view that the relief which w...
Nazirul Sk. Vs. State of West Bengal
Court: Kolkata
Decided on: Apr-13-2010
Ashim Kumar Banerjee, J.Facts:1. Dolly Bibi was married to Najirul Sekh. She suffered an unnatural death at her in-law's place on July 23, 2003. As per the Muslim rites, the in-laws including Nazirul, buried her at the graveyard of Sankarpur in the district of Mursidabad. From the evidence, it is not clear how she died although, her in-laws claimed that she died of her illness. No medical evidence did come out during trial to support such case of the defence. Dolly's father was away from his house. When he came back he held discussion with his relatives and friends including PW-2 who took part in the ritual conducted at the time of burial. He also discussed with his wife and son who also went there to see Dolly dead. They found unnaturality in the appearance of the dead body. After being satisfied that his daughter was killed by her in-laws, her father Nurshed Sekh made a complaint in the Court of S.D.J.M., Jangipur, Murshidabad as against Nazirul Sekh, the husband, Nerash Sekh, father...
Arjun Hembram Vs. Punjab National Bank and ors.
Court: Kolkata
Decided on: Apr-13-2010
Dipankar Datta, J.1. The petitioner, prior to his dismissal from service of the Bank, respondent No. 1 following disciplinary proceedings, was functioning as Manager at branch office Bhimpur in the district of Midnapore.2. The Chief Manager of the Zonal Office of the Bank at Calcutta issued charge sheet against the petitioner containing 12 (twelve) articles of charge vide charge sheet dated 9.9.1992. Most of the charges related to perfunctory discharge of duty by the petitioner leading to the likelihood of the bank facing huge financial loss. The petitioner in his reply to the charge sheet denied the material allegations levelled against him. The explanation furnished by the petitioner not having been found satisfactory, an enquiry was conducted by appointing an enquiry officer to unearth the truth. The enquiry officer submitted his report on 3.12.1993 returning the following findings:-----------------------------------------------------------------------------------Charges Findings---...
Ca Block Citizens Association and ors. Vs. State of West Bengal and or ...
Court: Kolkata
Decided on: Apr-12-2010
Mohit S. Shah, C.J.1. What is challenged in these writ petitions in the nature of Public Interest Litigation is allotment of plot of land No. CA-222 measuring 63 cottahs equivalent to about 4250 sq. meters in Sector V, Salt Lake City (Bidhannagar), Kolkata in favour of Sri Sourav Ganguly.2. The facts leading to filing of these petitions, broadly stated, are taken from W.P. No. 17862(W) of 2009 which is treated as the lead petition.An Advertisement was published in the Times of India dated 5th November, 2006 and in 'Ganashakti', a Bengali daily. The Government of West Bengal invited applications for allotment of plot No. BF-158 in Sector I, Salt Lake in the following terms:The Government of West Bengal in the Urban Development Department has earmarked a plot of land measuring about 50 cottahs at plot No. BF-158 in Sector I of Bidhannagar, Kolkata-700 064 for setting up of an integrated school from Primary Level to Higher Secondary Level. The School will be basically academic in nature. ...
Dharam Chand Rajbhar @ Lalu Vs. State of West Bengal
Court: Kolkata
Decided on: Apr-12-2010
Ashim Kumar Banerjee, J.1. One Suresh Prasad Mahato lodged a complaint with the police on April 20, 2000 to the effect that at about 9.15 a.m on the said date when he was running his hotel the appellant suddenly came to his hotel and shot his abdomen with a fire arm. Such incident was witnessed by Gopinath, his hotel staff and other neighbouring people, who chased the miscreant. Later on, he was taken to S.S.K.M Hospital for treatment. As per the written complaint, Lalu, the appellant used to visit his shop along with his companions to threaten him for last few days. Even on the night prior to the date of the incident Lalu threatened him that he would shoot him and finish him off. In the morning he opened his hotel at 8.00 a.m. At about 9.05 a.m he found two friends of Lalu roaming in front of his shop. The incident happened after about ten minutes.2. Altogether 7 witnesses were examined including two Doctors who treated the victim. P.W 1, the victim himself, almost corroborated what h...
Ajoy Pramanick Vs. the State of West Bengal
Court: Kolkata
Decided on: Apr-12-2010
Ashim Kumar Banerjee, J.Backdrop:1. Victim Biswa Pramanick and Bhuban Pramanick are brothers. At all material times they carried on business of country liquor from their house. The accused Ashutosh Pramanick, Debu Pramanick, Ajay Pramanick, Jhantu Pramanick, Jagannath Pramanick were their cousins. Over the sale of country liquor, there had been alterations with the customers. The customers also, under the influence of liquor, used to spoil the toilet belonging to the accused. On that score, there had been altercation between the accused and the victims. Angurbala, the mother of the accused and Aunt of the victim lodged a complaint with the police station on the day previous to the date of the unfortunate incident.2. We, however, do not find any incident of altercation either between the customers and victims or between the accused and the victims on the fateful day.Incident:3. On the evening of May 18, 1998 Biswa was taking tea at the Tea Stall of Bimal Gharami. Biswa was watching 'Jan...
Asit Kumar Modak and ors. Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Apr-12-2010
Dipankar Datta, J.1. It is revealed from the petition that the first petitioner is the lessee in respect of a plot of land measuring little more than 5 cottahs, bearing No. B10/132 at Kalyani Township (hereafter the said plot). The Government of West Bengal is the lessor.2. The first petitioner by a writing on plain paper dated 4.12.2007, addressed to the Estate Manager, respondent No. 2, sought for permission to transfer the leasehold interest of the said plot along with construction made thereon in favour of the second and the third petitioners. It was indicated therein that the first petitioner was facing family trouble as well as financial hardship which led him to decide in favour of such transfer. For the purpose of transfer processing fees, the first petitioner had deposited Rs. 500/- with the treasury on 11.12.2007.3. The petition further reveals that the petitioners had submitted a joint application dated 20.12.2007 seeking permission of the respondent No. 2 for transfer of th...
Sri Shiw Kumar Ram Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Apr-08-2010
I.P. Mukerji, J.1. On 6th January 1997 the writ petitioner was appointed as a messenger in the Bally Durgapur Branch of the State Bank of India. This appointment was on probation but subsequently his service was made permanent.2. His case is as follows.Trouble for the writ petitioner started from the end of April 2006. He was a resident of Ballia, Uttar Pradesh. On 29th April 2006 he received a telephone call from his home in Ballia that his father was very ill. He informed this to the Branch Manager. He immediately left for his home town without submission of any leave application. From 10th May 2006 to 15th April 2007 he was psychiatrically ill and under the treatment of one Dr. B.K. Sribastava. He was suffering from acute depression. In the meantime, on 13th February 2007 his father expired which aggravated his mental illness. He came back to Bally Durgapur and tried to rejoin the service sometime around April 2007 but was not allowed to do so.3. The Bank tells a different story. Th...
Avik Chowdhury Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-08-2010
I.P. Mukerji, J.1. This is the fourth round of litigation in this Court. All these litigations for one post of Clerk in Madanmohan Chak Chowdhury Institution, a state aided School. The school had forwarded a panel of candidates to the District Inspector of Schools (S.E.), Paschim Medinipur for approval. In that panel the writ petitioner was first and the added respondent second. Aggrieved by non-approval of that panel the writ petitioner filed W.P. No. 28567 (W) of 2006, being the second of the four writs filed. Debasish Kar Gupta, J. by his order dated 5th March, 2007 disposed of that writ application by directing consideration of the matter by the District Inspector of Schools (S.E.), Paschim Medinipur. After about one and half years he proceeded to consider the matter. He passed an order on 28th August, 2008. He held that a mob invaded the school and intimidated the selection committee to prepare the panel at its dictates. Further, the test for typing was not taken properly. Differe...
Mr. Arunanshu Chakraborty Vs. Mr. Manish Kumar Mukherjee
Court: Kolkata
Decided on: Apr-08-2010
Bhaskar Bhattacharya, J.C.A.N. 6016 of 2008.1. By this application the applicant, in-person, has prayed for an order of injunction restraining the appellant from taking money out of the alleged illegal contract made in respect of the property which does not belong to the appellant and to return the money taken by him with bank interest and to deposit the same in a nationalised bank and also restraining him from encroaching upon the property of the testator situated in Salt Lake.2. These two appeals have been preferred, one against an order granting probate and the other, rejecting an application for revocation of probate. According to the applicant, late Amiya Bhushan Banerjee, the testator, executed his last Will and Testament on 1st July, 2003 by cancelling all previous Wills and that the testator appointed respondent/petitioner and/or Manish Mukherjeee, the appellant, as executor for taking probate of the said Will dated 1st July, 2003. According to the respondent, as the said Manis...