Kolkata Court June 2010 Judgments
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Nicco Corporation Limited Vs. Simplex Infrastructures Limited
Court: Kolkata
Decided on: Jun-23-2010
Sanjib Banerjee, J.1. The petitioner has taken recourse to this Court against an award made under the Arbitration and Conciliation Act, 1996. Four principal grounds have been canvassed: that the award is contrary to the contract; that there has been gross violation of the principles of natural justice in the arbitrator coming to conclusions not on the basis of the case made out by the respondent or on the material brought by the parties before him; that the respondent-claimant had rendered the reference nugatory by submitting that the parties were governed by a letter of intent issued on September 19, 2000 and not by the subsequent work order or agreement executed on February 8, 2001; and, that the arbitrator did not adequately consider the plea raised by the petitioner herein under Section 16 of the 1996 Act and erred in rejecting such application out of hand.2. The petitioner herein was awarded the work of installation of a crude oil storage tank at Raava, Andhra Pradesh by Cairn Ene...
Sukumar Sardar Vs. Aparna Sardar and anr.
Court: Kolkata
Decided on: Jun-23-2010
Prasenjit Mandal, J.1. This application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 has arisen out of an order dated 30.06.2009 passed by the learned Judicial Magistrate, First Court, Diamond Harbour in Misc. Case No. 511 of 2006 thereby granting maintenance at the rate of Rs. 900/- month in favour of the wife/opposite party herein. Being aggrieved by the said order of maintenance, the husband/petitioner has preferred this revisional application.2. The fact of the case in brief is that the wife was married to the husband on 2nd December, 2004 according to Hindu customs and rites. After marriage, the wife went to the house of the husband to lead the matrimonial life. Initially, the husband and other members of his family behaved well with the wife but after some days they pressurized the wife to bring Rs. 50,000/- from her father's house, though at the time of marriage gifts were made according to the customs. Ultimately, the wife was driven away from...
Javed Ahmed Khan Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-23-2010
Prasenjit Mandal, J.1. This application under Section 482 of the Code of Criminal Procedure, 1973 has been filed praying for quashing of the complaint case No. C-6679 of 2008 pending in the Court of the learned Chief Judicial Magistrate, District - South 24 Parganas at Alipore.2. The facts of the case leading to the filing of this application are that one Salim Khan filed a Title Suit No. 347 of 2004 against Aquil Ahmed Khan and others before the learned Civil Judge (Junior Division) at Alipore for declaration and injunction. He filed a petition under Order 39 Rules 1 & 2 of the Code of Civil Procedure for injunction. The learned Civil Judge (Junior Division) granted interim injunction against the defendants. Being aggrieved by that order of interim injunction, defendant / Javed Ahmed Khan preferred Misc. Appeal 335 of 2004 stating, inter alia, that the suit property was purchased by his father late Karim Bukh Khan along with others from Musst. Najibunnessa Bibi through whom the plaint...
ideal Industrial Explosives Limited and anr. Vs. Coal India Limited an ...
Court: Kolkata
Decided on: Jun-23-2010
Dipankar Datta, J.1. The first petitioner is a company registered under the Companies Act, 1956 (hereafter the company). The second petitioner is the Managing Director of the company.2. Coal India Limited (hereafter CIL) invited tenders for supply of cartridge, explosives and accessories. The company expressed interest to supply Detonating Fuse 10 gm. (Power Cord-10) (hereafter the said materials). Its bid was accepted resulting in a running contract executed by and between CIL and the company on 28.11.2008, valid for three years.3. The running contract contains a Clause titled 'Price Fall Clause' (hereafter the PFC). It reads as follows:08 Price Fall ClauseDuring the currency of the Contract, the Prices at which the supplier will supply the stores shall not exceed the lowest Price charged by them to any other Agency including DGS&D.; In the event of Price going down, it will be their sole responsibility to promptly pass on such information to enable CIL to reduce the ordered Rate acco...
Sailen Seth Vs. Deputy Labour Commissioner and ors.
Court: Kolkata
Decided on: Jun-23-2010
Girish Chandra Gupta, J.1. The subject-matter of challenge in this writ petition is an order dated 13th December 2005 passed by the Appellate Authority under the Payment of Gratuity Act, 1972 and also a notice dated 30th December 2005 issued by the Controlling Authority under the Payment of Gratuity Act 1972 directing the petitioner to pay a sum of Rs. 8,80,499.87 paisa together with admissible interest to Shri Ajit Kumar Roy and 115 others namely the respondents Nos. 6-121 herein. The respondents Nos. 3 and 4 are the Steel Authority of India Limited and its Assistant General Manager. The respondent No. 5 is the State of West Bengal and the respondents Nos. 1 and 2 are the authorities under the Payment of Gratuity Act 1972.2. The case of the petitioner briefly stated is as follows:The petitioner Sailen Seth, carrying on business under the name and style of Seth & Associates, undertook the job of handling of iron and steel materials at the home sales stockyards of the Steel Authority of...
Sangeeta Deb Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Jun-23-2010
Prasenjit Mandal, J.1. This revisional application under Section 482 of the Code of Criminal Procedure, 1973 has been filed for quashing the proceeding being AC-2372 of 2008 under Section 500 of the I.P.C.2. The fact of the case leading to the filing of this revisional application is that the petitioner was married to Siddhartha Deb on 19.09.2006 as per Hindu customs and rites. After some days of the said marriage, the petitioner was subjected to torture, physically and mentally, by her husband. Ultimately, in April, 2008 she was compelled to leave her matrimonial house. She filed one petition of complaint with Agartala Women Police Station for offence under Section 498A/34 of the I.P.C. for investigation and the accused persons, namely, Siddhartha Deb, Subhra Deb, Sudhendu Bhusan Deb and Soma Deb were arrested and they were remanded to judicial custody by the learned Magistrate from 08.04.2008 to 19.04.2008. Thereafter they were granted bail on 17th April, 2008 and 21st April, 2008 by...
Abdul Gofur Halder Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-23-2010
Prasenjit Mandal, J.1. This revisional application under Article 227 of the Constitution of India has been filed by the petitioner praying for passing orders for analogous hearing of the two cases, namely, Kultali P.S. Case No. 264 dated 13.09.2008 under Sections 342/325/34 of the I.P.C. and the Kultali P.S. Case No. 263 dated 13.09.2008 under Section 376 of the I.P.C.2. The present petitioner is an accused in the Kultali P.S. Case No. 263 dated 13.09.2008 under Section 376 of the I.P.C. It is submitted before me that this case is pending before the learned Sessions Judge at the stage of recording evidence. The wife of the petitioner lodged one ejahar with the O.C., Kultali P.S. on 13.09.2008 stating, inter alia, that on 12.09.2008 at 11.30 p.m. while she and her husband, petitioner herein, were sleeping in their house, they heard a noise in the house of their neighbour. At that time, Jakir Peada and others came to their house and asked her husband to go there for solving the dispute f...
Srimati Asha Roy @ Gouri Roy Vs. Srimati Binapani Basak
Court: Kolkata
Decided on: Jun-22-2010
Tapan Kumar Dutt, J.1. This court has heard the Learned Advocates for the respective parties. The facts of the case, very briefly, are as follows:The plaintiff filed Title Suit No. 48/2003 which was placed for hearing before the Court of the Learned Second Civil Judge (Junior Division), Ranaghat, Nadia. The case of the plaintiff/respondent was that one Bela Rani Biswas was the owner of a certain plot No. 408 as mentioned in the plaint which comprised of an area of 75 decimals of land. The said Bela Rani Biswas sold 10 decimals of land from the northern portion of the said plot No. 408 to one Krishna Kanta Patitunda sometime in the year 1972 for valuable consideration. Sometime in the year 1973 the said Krishna Kanta Patitunda sold the said 10 decimals of land to the plaintiff for valuable consideration and delivered possession of the same in favour of the plaintiff. The remaining 15 decimals of land was retained by the said Bela Rani. The said property has been described in Schedule 'K...
Amal Talukder Vs. State of West Bengal
Court: Kolkata
Decided on: Jun-21-2010
Prasenjit Mandal, J.1. This appeal is directed against the judgment and order dated May 12, 2005 passed by the learned Assistant Sessions Judge, Second Court, Hooghly in Sessions Trial Case No. 1 of 2005 thereby convicting the appellant for offences punishable under Sections 363/366/376 of the I.P.C.2. The fact of the case in short is that one Ashoke Kumar Singha Mahapatra lodged an ejahar with the O.C., Chinsurah P.S. on December 1, 2003 to the effect that his minor daughter, namely Purnima Singha Mahapatra aged about 16 years went to the house of her private tutor on November 7, 2003 at 6.35 a.m. But, since then, his daughter did not return home. For that reason, he lodged a missing diary with the said police station on November 10, 2003. Later, on enquiry, he learnt from the elder brother of the appellant, Niranjan Talukdar, that appellant Amal Talukdar took his daughter to Bangladesh and kept her confined in the house of his father. Police investigated the case as usual and upon co...
Pravesh V. Jethwani Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Jun-21-2010
Prasenjit Mandal, J.1. This application under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the accused/petitioner for quashing the proceedings in connection with the complaint case No. 25089 of 2009 under Section 418/420 read with 120B of the I.P.C. pending before the learned Metropolitan Magistrate, Eighth Court, Calcutta and all orders passed therein including the order dated 29.07.2009 whereby the learned Metropolitan Magistrate was pleased to issue process, inter alia, against the petitioner herein.2. The opposite party No. 2 filed the complaint case No. 25089 of 2009 under Sections 418/420 of the I.P.C. read with Section 120B of the said Court stating, inter alia, that the complainant carries on business of manufacturing polyethyline pipes and fittings under the name of a concern, namely, M/s. Din Polymers. The accused No. 1 is the proprietor of M/s. Ravi Enterprise, a proprietorship concern having its offence at 11, Pollock Street, Third Floor, Calcutta -...
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