Kolkata Court May 2010 Judgments

Pradip Kumar Das and ors. Vs. Asstt. General Manager, Union Bank and a ...

Court: Kolkata

Bhaskar Bhattacharya, J.1. These two appeals were heard together as these have been preferred against a common judgment dated 12th February, 2009 passed by a learned Single Judge of this Court by which His Lordship disposed of the two writ applications being W.P. No. 30868 (W) of 2008 and W.P. No. 556 (W) of 2007.2. The appellants before us filed a writ-application under Article 226 of the Constitution of India being W.P. No. 556 (W) of 2007 thereby challenging the notice of auction dated 27th September, 2006 issued by the Assistant General Manager, Union Bank of India, Overseas Branch, under Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the SARFAESI Act) as well as the notification dated 14th December, 2006 published in the Bengali newspaper 'Aajkal' and earlier notice dated 12th July, 2006 issued by the Assistant General Manager of the Bank.3. The case made out by the writ-petitioners...

Fatey @ Thate Kishku and ors. Vs. State of West Bengal

Court: Kolkata

Ashim Kumar Banerjee. J.1. INCIDENT:On October 26, 2002 at about 9.00 to 10.00 p.m. Japala Tudu and his wife Turki Soren were making their bed after dinner on the varandah of their house. Miscreants appeared at the spot, overpowered the victims. Turki was flattened. Her throat was cut. She received a deep penetrated stab injury under her waist on the left side. Japala tried to resist them when one of the miscreants hit him with a bamboo stick. His mouth was covered by a napkin. The miscreants left leaving their torch and the napkin. After being released Japala raised hue and cry. Jetha, Paltan and Munsi rushed to the place when they found Turki lying dead. The victim's children were not at home. They went to listen to Manasa Songs. On being informed by one Sanjoy Seal they also rushed to the spot and found their mother dead.2. COMPLAINT:At about 3.35 a.m. on October 26/27, 2002 Japala lodged a written complaint with the Police Station being accompanied by his son in-law Babu Ram Soren....

Sri Shyamalendu Das Vs. the State of West Bengal and ors.

Court: Kolkata

Syamal Kanti Chakrabarti, J.1. This writ petition has been filed challenging the order dated 20.01.2009 passed by the Learned West Bengal Administrative Tribunal in O. A. No. 1408 of 2004 whereby and whereunder the Learned Tribunal was pleased to dismiss the application field by the petitioner, Shyamalendu Das on merits.2. From the records we find that the petitioner herein faced departmental proceedings on the charge of his unauthorised absence from duty on several occasions and lastly the departmental proceedings against him ended with an order of dismissal recorded by the Disciplinary Authority on grounds of unauthorised absence. In course of argument before the Learned Tribunal the Learned Lawyer for the petitioner made submissions regarding extreme punishment imposed upon the petitioner which was claimed to be disproportionate to the charge. Learned Lawyer for the State on the contrary has also claimed maintainability of the application on the grounds of limitation as well as argu...

Smt. Sukumari Dass and ors. Vs. Musst. Saleha Khatoon and ors.

Court: Kolkata

Tapan Kumar Dutt, J.1. This Court has heard the Learned Counsels for the respective parties.2. The plaintiffs/respondents filed a suit being T.S. No. 349 of 1981 in the Court of the Learned 3rd Munsif at Alipore. It appears that the plaint of the said suit has been amended and the suit has also been subsequently re-numbered as Title Suit No. 123 of 1995 in the Court of the Learned Civil Judge (Junior Division), 1st Additional Court, Alipore. The plaintiffs filed the said suit for a decree for ejectment and recovery of possession of the 'A' Schedule property to the plaint and also for recovery of possession of the 'B' Schedule property to the plaint and for a declaration that the construction and additions and alterations and conversions beyond the tenanted portion as mentioned in Schedule 'C' of the plaint are unauthorised and are liable to be demolished. The plaintiffs/respondents also prayed for mandatory injunction directing the defendants to demolish the 'C' and 'D' Schedule proper...

Levcon Instruments Pvt. Ltd. Vs. State of West Bengal and ors.

Court: Kolkata

Debasish Kar Gupta, J.1. This writ application is directed against an award dated March 5, 1998 passed by the learned Judge First Industrial Tribunal, West Bengal in case No. VIII-283 of 1984 holding that the punishment of dismissal of the respondent No. 3 from service was disproportionate and directing his reinstatement in service with 25% of back wages.2. The facts of this case in a nutshell are as under:3. The respondent No. 3 was a workman under the petitioner No. 1. He was a member of the West Bengal Engineer Workers Union with effect from April 1, 1979. The above union submitted a chatter of demand to the petitioner No. 1 on April 17, 1979. Subsequently, a charge-sheet dated May 15, 1979 was issued against the respondent No. 3. The respondent No. 3 submitted his reply to the same. An outsider was appointed as enquiry officer to conduct a domestic enquiry in the matter. He submitted enquiry report to the petitioner company. The respondent No. 3 was dismissed from the service. An i...

The Bengal Freemasons Trust and ors. Vs. Sumita Dutta and anr.

Court: Kolkata

Subhro Kamal Mukherjee, J.1. This is an appeal against order No. 24 dated November 16, 2009 passed by the learned Chief Judge, City Civil Court at Calcutta in Miscellaneous Case No. 9840 of 2008.2. The learned Chief Judge by the order impugned allowed an application filed under Section 9 of the Arbitration and Conciliation Act, 1996 (the said Act in short) dated December 17, 2008 filed by the Ms. Sumita Dutta, the proprietees of S. Enterprise (hereinafter referred to as the operating agency), the respondent No. 1 in this appeal. The learned judge restrained the Bengal Freemasons Trust Association (hereinafter referred to as BFTA) and its office bearers, the opposite parties in the said application, from disturbing the peaceful possession of the operating agency and enjoyment and acting as the operating agent and/or user of the premises till the disposal of the arbitration proceeding.3. The relevant facts for disposal of this appeal are as under:On July 1, 2005 a memorandum of understan...

Santanu Das Vs. the State of West Bengal and ors.

Court: Kolkata

I.P. Mukerji, J.1. The writ petitioner is a very qualified person. He has a master's degree in commerce and philosophy. He has obtained a Ph. D. degree from Burdwan University as well.2. Pursuant to an advertisement of the West Bengal College Service Commission for recruitment of lecturer in Commerce, the writ petitioner appeared for interview on 11th July, 2007. He had applied for recruitment in any college under the Kalyani University for the post of commerce lecturer.3. The merit list was published on 18th January, 2008. He qualified. His grievance is that despite having qualified, his name was not recommended by the College Service Commission to the concerned college for appointment.4. I have gone through the affidavit-in-opposition of the respondent Commission, particularly paragraphs 5 and 6 and their written submissions. They do not deny in this affidavit that the writ petitioner had qualified. Their defence is that the panel was published on 18th January, 2008 with validity of ...

Shivraj Biswas and anr. Vs. Union of India (Uoi) and ors.

Court: Kolkata

Ashim Kumar Banerjee, J.1. Two applicants namely Shivraj Biswas and Anima Kumari approached the Central Administrative Tribunal for a mandatory order as against the Union of India particularly the Railways to issue them Letter of Appointment as Gangmen with consequential benefits.2. On or about May 5, 1998, Railway Board published an advertisement inviting application for the post of Gang Man at Chakradharpur, South Eastern Railway. The applicants claimed that they appeared before the concerned authorities for physical test as per their call letter having Roll Nos. 10312 and 40337 respectively. The result was duly published in newspaper where they found that they were declared selected. They were expecting Call Letters and after waiting for a considerable period of time for the Letters of Appointment, they approached the Tribunal. They also alleged that two persons came to the house of Anima Kumari and demanded money in exchange of Call Letters. They disclosed their identity as Sanjiva...

Ashok Kumar Todi Vs. Kishwar Jahan and ors.

Court: Kolkata

Reported in: AIR2011SC1254

Bhaskar Bhattacharya, J.: 1. All these Mandamus Appeals were taken up together as in all these appeals, the different appellants have challenged the selfsame order passed by a learned Single Judge of this Court by which His Lordship allowed a writ-application in which prayer was made for a direction that the criminal investigation involved in the writ-application should be conducted by CBI and not by CID as per direction of the government. 2. Being dissatisfied with the aforesaid direction given by the learned Single Judge along with some other findings, all these appeals have been preferred by not only the different respondents of the writ-application but also the writ-petitioners whose grievance is that the learned Single Judge in addition to the aforesaid directions ought to have passed directions for initiating criminal proceedings against the respondents in the writ-petition in accordance with the decision of the Supreme Court in the case of Sm. Lata Singh v. State of U.P and Anr...

Sri Khagendra Nath Dutta Vs. Sri Sauvik Hazra and anr.

Court: Kolkata

S.P. Talukdar, J.1. Learned Assistant Sessions Judge, 3rd Court, Howrah, by judgment and order dated 19th July, 2007 acquitted the accused, being O.P. No. 1 from charges under Sections 498A/306 of the Indian Penal Code. Being aggrieved by such judgment of acquittal, the defacto complainant, as petitioner, filed the instant revisional application.2. The backdrop of the present case may briefly be stated as follows:The present petitioner, as defacto complainant, submitted a written complaint on 9th February, 2006 at about 18:55 hours. It was submitted therein that his daughter, Poulami Hazra, got married to Sauvik Hazra and such marriage took place on 17th November, 2005 and it was duly solemnized according to Hindu rites and customs. On 8th of February, 200 at about 18 hours, he was informed over phone that his daughter, Poulami, had committed suicide. He being accompanied by others rushed to the matrimonial home of Poulami and came to know that Poulami had been taken to People's Meditr...