Kolkata Court May 2010 Judgments
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Sambhu Sarkar and ors. Vs. Shyamal Pramanik and ors.
Court: Kolkata
Decided on: May-13-2010
Subhro Kamal Mukherjee, J.1. All these three appeals are directed against the judgment and order dated January 10, 2005 passed by the Hon'ble Single Judge in W.P. No. 18979 (W) of 2003.2. The eight petitioners moved an application under Article 226 of the Constitution of India (hereinafter referred to as the writ petition), inter alia, challenging the notice issued by the Kalyani University inviting applications from eligible candidates for different posts, total fifteen in numbers, in the cadres of Junior Subordinate Staff and Lower Subordinate Staff, that is, (a) Junior Assistant (b) Computer Assistant (c) Junior Store-keeper (d) Junior Care-taker (e) Machine man (f) Pump Operator (g) Health Assistant (h) Office Assistant Grade II and (i) Junior Work Assistant.3. The writ petitioners, in substance, contended that the university authorities did not follow the recruitment procedures as provided in the ordinance of the university, particularly, Ordinance No. 42 (USC) and in confining th...
B.E. Billimoria and Co. Ltd. Vs. Unit Construction Co. Pvt. Ltd. and a ...
Court: Kolkata
Decided on: May-12-2010
1. We have disposed of the other appeal, being FMA 628 of 2010, between the same parties today. The instant appeal relates to an order dated April 12, 2010 whereby the learned District Judge, Alipore, extended an ad interim order without considering the objection filed by the appellant under Order 39 Rule 4 of the Code of Civil Procedure. The learned Judge, however, did not assign any reason. The order impugned is quoted below:Heard both sides. The suit is transferred to the Ld. 14th Court of Addl. District Judge, Alipore for disposal along with the petition Under Order 39 Rule 4 of C.P.C.Fix. 12.05.2010 for appearance before the transferee Court.Interim order stands extended till the date fixed.2. The parties entered into a contract, which incorporated an Arbitration Clause. The respondents executed bank guarantees as and by way of co-lateral security not only as performance guarantee but also for payment of outstanding sums, if payable by the respondents to the appellant. The appella...
Raju Dutta @ Avinash Dutta Vs. the State of West Bengal
Court: Kolkata
Decided on: May-11-2010
S.P. Talukdar, J.1. By the judgment and order dated 21st January, 2008, learned Judge, Special Court under the Narcotic Drugs and Psychotropic Substances Act, Barasat, North 24-Parganas, convicted the appellant under Section 18(b) of the NDPS Act and sentenced him to suffer imprisonment for a period of 10 years and directed him to pay fine of Rs. 1 lakh, in default to suffer further imprisonment for a period of one year.2. Being aggrieved by and dissatisfied with the judgment and order of conviction and sentence, the convict, as appellant, approached this Court.3. Mr. Kabir, appearing as learned Counsel for the appellant, has sought to assail the said judgment on the ground that learned Court failed to appreciate the evidence on record in its proper perspective and there had been misappreciation of the relevant provisions of the NDPS Act.4. The case against the present appellant may briefly be summed up as follows:Acting on specific information which was duly reduced to writing and aft...
Gama Hotel and Resorts Private Ltd. and anr. Vs. West Bengal Industria ...
Court: Kolkata
Decided on: May-10-2010
Dipankar Datta, J.1. The first petitioner is a company incorporated under the Companies Act, 1956 (hereafter the company). It has been carrying on business and has a hotel-cum-resort at plot Nos. H and H-3, Sector IV, Falta Industrial Growth Sector, Falta in the district of South 24 Parganas (hereafter the said centre). The second petitioner is a director of the company.2. It appears from the document being Annexure R-4 to the counter affidavit filed by and/or on behalf of the West Bengal Industrial Infrastructure Development Corporation (hereafter the Corporation) that the petitioners had applied for allotment of a plot of land in the said centre on 2.7.2004. They proposed to run a hotel from the plot of land to be allotted in their favour. Upon receipt of such application, the Corporation allotted .50 acre of land at Sector IV of the said centre, vide allotment letter dated 2.2.2006 on terms and conditions mentioned therein. It is not in dispute that the petitioners having complied w...
Vivada Inland Water Ways Limited and anr. Vs. Union of India (Uoi) and ...
Court: Kolkata
Decided on: May-10-2010
Dipankar Datta, J.1. An order dated 22.3.2010 of the Chairman-cum-Managing Director of the Central Inland Water Transport Corporation Ltd. (hereafter the Corporation) blacklisting the petitioner No. 1 (hereafter the company) in the matter of all commercial transactions including but not limited to charter hire/lease of the corporation's assets directly and indirectly for a period of five years with immediate effect is the subject matter of challenge in the present petition.2. On the date the writ petition was moved, I was of the view that any affidavit from the Corporation is not likely to improve the impugned order which gave a detailed account as to why the order of blacklisting was made. I thus proposed to hear the writ petition without exchange of affidavits to which the parties agreed.3. It is not in dispute that a show cause notice dated 9.3.2010 calling upon the company to explain why, for reasons mentioned therein, it shall not be blacklisted and the company's response to the s...
Basanthi Sarkar and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-10-2010
Dipankar Datta, J.1. The petitioners are aggrieved by investigation of Kalyani Police Station Case No. 671 dated 11.12.2009 under Sections 467/193/419/120B of the Indian Penal Code (hereafter the IPC), registered on the basis of an order dated 7.12.2009 passed by the Additional Chief Judicial Magistrate, Kalyani, Nadia (hereafter the learned Magistrate), on a petition filed by the respondent No. 4 under Section 156(3) of the Code of Criminal Procedure (hereafter the CrPC).2. They have, inter alia, prayed for orders to quash the proceedings arising out of the said case and to restrain the Officer-in-Charge of Kalyani Police Station, respondent No. 3, from arresting them.3. It would be appropriate to give a composite picture of the facts, as revealed from the pleadings, giving rise to the present petition.4. The petitioners 1 and 2, belonging to Scheduled Caste community, are married to each other. The petitioner No. 2 is a patient of epilepsy. He is unable to earn a living. The responde...
The Kantinagar Mahapran Jogendra Nath Vidyamandir Vs. the State of Wes ...
Court: Kolkata
Decided on: May-10-2010
I.P. Mukerji, J.1. By this writ recognition is sought for Kantinagar Mahapran Jogendra Vidyamandir, a school situated in district Nadia, West Bengal. The history of the attempt of the school to seek recognition is very long. I will start from 1994. For the purpose of recognition of schools, a district level inspection team had inspected schools in that district. On the basis of their report the Directorate of School Education Government of West Bengal had recommended five schools in order of preference, for recognition. The above school was first in that list. That recommendation is dated 25th March 1994. Since the school was not recognised, a writ application was filed in this Court being W.P. No. 4403(W) of 2000. In that writ an order was passed on 26th April 2002 directing the respondents to take a decision with regard to recognition of the school. It seems that nothing was done. In the circumstances a contempt application was made in this Court alleging violation of the order dated...
Metropolitan Cooperative Housing Society Ltd. and anr. Vs. the State I ...
Court: Kolkata
Decided on: May-10-2010
Dipankar Datta, J.1. The first petitioner is a co-operative society, registered in accordance with the provisions of the Bengal Cooperative Societies Act, 1940, since repealed and replaced by the West Bengal Cooperative Societies Act, 1983 (hereafter the Act). The second petitioner is the secretary of the first petitioner.2. The fifth respondent is a member of the first petitioner. By his letter dated 15.7.2008 addressed to the second petitioner, he prayed for supply of certified copy of the minutes of the meeting of the Board of Directors of the first petitioner held in the month of June, 2008. In praying so, the second petitioner exercised his right conferred by Section 40 of the Act read with Rule 68 of the West Bengal Cooperative Societies Rules, 1987 (hereafter the Rules). He expressed his desire to collect the certified copy on 27.9.2008 and undertook to pay the prescribed charges at the time of collection thereof.3. The second petitioner did not accede to such prayer of the fift...
Modern Malleables Limited and ors. Vs. Sri B.R. Sinku
Court: Kolkata
Decided on: May-07-2010
Kalidas Mukherjee, J.1. These are the ten revisional applications, namely, CRR 1480 of 2005, CRR 1482 of 2005, CRR 296 of 2005, CRR 297 of 2005, CRR 298 of 2005, CRR 299 of 2005, CRR 300 of 2005, CRR 1253 of 2006, CRR 1254 of 2006, CRR 1256 of 2006 praying for quashing of the proceedings pending before the Court of learned Metropolitan Magistrate, Calcutta. As the parties are the same and identical questions of law are involved, all the aforesaid revisional applications are taken up together for disposal. The factual matrix of the case may be summarised as follows:In CRR 1480 of 2005 the case No. C 2942 of 1998 has been registered on the basis of a complaint made by the O.P. before the learned Chief Metropolitan Magistrate, Calcutta. It has been alleged in the complaint that accused No. 1 Modern Malleables Limitted is a limited Company and the other accused persons are the Director and Executive of the said Company and they are responsible for the day to day affairs and the conduct of ...
Shri Suresh Kumar Singhania Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: May-07-2010
Kalidas Mukherjee, J.1. This is an application under Section 482 of the Code of Criminal Procedure praying for quashing of the proceedings of Purulia (Town) P.S. Case No. 88 of 2009 dated 21.8.2009 under Sections 420/406/468/469/323/120B of the Indian Penal Code read with Section 3 of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 bearing G.R. Case No. 701 of 2009 now pending before the Court of the learned Chief Judicial Magistrate, Purulia.2. The case of the petitioners, in short, is that the respondent No. 2 has filed a petition of complaint in the Court of learned C.J.M., Purulia alleging, inter alia, that the complainant is a retired Government employee and a member of the Scheduled Caste Community. On 12.12.2008 the petitioner who is a member of the higher community, sold a plot of land to the complainant measuring 73.5 decimals in RS plot Nos. 161, 162 & 259 comprised in RS Khatian Nos. 1157and 1186 situated at Mouza Purulia, JL No. 292/2 by executi...
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