Kolkata Court June 2010 Judgments
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Alstom Projects India Limited Vs. Galaxy Engineering Contractors
Court: Kolkata
Decided on: Jun-18-2010
Sanjib Banerjee, J.1. The petitioner seeks to have the principal part of an award set aside on the ground that it is perverse and that the arbitrator has misconducted himself and the proceedings in awarding an amount despite recording that there was no evidence to substantiate the extent of loss suffered by the respondent.2. Under a purchase order of October 12, 1989 the respondent was required to take up the job of fabrication, erection and commissioning of two electrostatic precipitators for the Madhya Pradesh Electricity Board in Korba. It was the respondent-claimant's case before the arbitrator that despite such contractor having completed all work, the commissioning could not be done on account of default on the part of the petitioner herein. The claimant complained in its statement of claim that it had suffered loss and damage on account of such inordinate delay and sought an amount of Rs. 51 lakh on the ground that the petitioner herein could not arrange for the commissioning to...
Sri PulIn Behari Maity Vs. the Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Jun-18-2010
Syamal Kanti Chakrabarti, J.1. The writ petitioner, Pulin Behari Maity claims himself to be a freedom fighter taking active part during the Quit India Movement in 1942 while he remained underground for a period of more than six months to avoid an order of his detention. The petitioner along with his other associates joined in subversive activities towards disruption of the transport communication by dismantling the communication system from Midnapore to Calcutta by cutting out the telegraph and telephone apparatus and by setting fire in the police jeeps of the concerned police station resulting in police firing whereby and whereunder several persons sustained injuries. Following the said incident an order of his detention was issued for which he had to abscond for the aforesaid period.2. It is further claimed that the Government of India granted pensionary benefits to the freedom fighters with effect from 1st August, 1980 in recognition of their dedication and sacrifice of lives for th...
Coal India Limited Vs. Nicco Corporation Limited
Court: Kolkata
Decided on: Jun-18-2010
Sanjib Banerjee, J.1. A preliminary point has been taken by the company to ward off admission of this creditor's winding-up petition. The company says that Section 32 of the Coal Mines (Nationalisation) Act, 1973 gives the company a special status and such provision, by virtue of Section 28 of the said Act, has overriding effect over the provisions of the Companies Act, 1956 which is the general statute. The company maintains that without previous leave being obtained from the Central Government under Section 32 of the 1973 Act, the petitioner could not have launched the present proceedings.2. The petitioner has carried an ex parte decree of the City Civil Court and says that upon the company's failure to discharge such decretal debt, the company is liable to be wound up. A notice under Section 434 of the Companies Act has been issued on behalf of the petitioner and received by the company.3. The company asserts that it is a mining company within the meaning of Section 2(j) of the 1973...
Subhas Chandra Jana Vs. Ajibar Mirdha
Court: Kolkata
Decided on: Jun-18-2010
Ashim Kumar Banerjee, J.1. FACTS OF THE CASE:Based on an information, the officers of the Narcotic Control Bureau (hereinafter referred to as N.C.B.) raided the house of Ajibar Mirdha at Hatatganju Bazar under the police station Swarupnagar in the district of 24- Parrganas. The raiding party including a lady officer of the N.C.B. as required under provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as N.D.P.S. Act) knocked the door of the house of Ajibar. Seeing them, Ajibar tried to flee away from the place. The officers caught him. He was carrying a foam hand bag in his hand. He confessed that the bag contained heroin. The officers searched the bag in his presence wherefrom a polythene packet containing brown powdered substance was found. A small quantity of the substance was tested by the officers when it responded positive to the test of heroin. Ajibar confessed his guilt, however, prayed for mercy on the ground that he was trafficking it...
Smt. Dipali Roy Vs. Sri Samir Banerjee
Court: Kolkata
Decided on: Jun-18-2010
Jyotirmay Bhattacharya, J.1. This application under Article 227 of the Constitution of India is directed against an order being No. 59 dated 24th February, 2010 passed by the Learned Civil Judge, Junior Division, Second Court at Alipore, in Misc. Case No. 1091 of 2008 by which the petitioner's objection under Section 47 of the Civil Procedure Code challenging the executability of a compromise decree was rejected by the Learned Executing Court. The judgment-debtor/petitioner is thus aggrieved by the said order. Hence she has come before this Court with this application under Article 227 of the Constitution of India.2. Heard Mr. Ray Chowdhury, Learned Senior Counsel, appearing for the petitioner and Mr. Chatterjee, learned Advocate, appearing for the opposite party. Considered the materials on record including the order impugned.3. Let me now consider as to how far the Learned Executing Court was justified in passing the impugned order in the facts of the instant case.4. Admittedly, the ...
Raj Kumar Agarwal Vs. Benami Commercial Pvt. Ltd. and anr.
Court: Kolkata
Decided on: Jun-18-2010
Jyotirmay Bhattacharya, J.1. This application under Article 227 of the Constitution of India is directed against an order being No. 14 dated 26th May, 2006 passed by the Learned Estate Officer, Kolkata Port Trust, Kolkata, appointed by the Central Government under Section 3 of the Public Premises (Eviction of Unauthorized Occupants) Act of 1971 in proceeding No. 582 of 2004, at the instance of the intervener/applicant.2. Such proceeding was initiated under Section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act of 1971 at the instance of the Board of Trustee of the Port at Kolkata. In such a proceeding eviction order was passed by the learned Estate Officer against the opposite party No. 2 herein, namely Shakti Transport Organization as its occupation of the public premises being compartment No. G-1 situated at the first floor of the godown known as Strand Warehouse, Kolkata and Compartment No. C/4 situated at the western half of the ground floor of Strand Warehouse, ...
Malay Kumar Ghoshal, Kumar of Sundarbans Vs. Regional Passport Officer ...
Court: Kolkata
Decided on: Jun-18-2010
1. In the instant application being CAN No. 6125 of 2000 arising out of W. P. No. 22000(W) of 2000 the writ petitioner Malay Kumar Ghoshal, Kumar of Sundarban has prayed for compliance of the order dated 6th September, 2001 passed by Hon'ble Justice M. H. S. Ansari in W. P. No. 22000 (W) of 2000. It is contended that on 30th December, 1998 the writ petitioner filed an application for grant of a new passport since the passport granted to him earlier was going to expire soon. Though the writ petitioner supplied four copies of photographs exactly as required/ instructed by the respondent No. 1 he was asked to supply two additional photographs. On 22nd June, 2000 the petitioner had been to the office of the respondent No. 1 and again handed over two copies of the photographs as demanded. But the respondent No. 1 did not deliver his passport for which he was compelled to file a writ petition being W. P. No. 22000(W) of 2000. In the said writ petition it was contended by the respondents that...
Alfa Industries and anr. Vs. the C.E.S.C. Limited and ors.
Court: Kolkata
Decided on: Jun-18-2010
Syamal Kanti Chakrabarti, J.1. In the instant writ petition the writ petitioner No. 1 M/s. Alfa Industries has contended that it is a proprietorship concern having its office at 250/A/80, G. T. Road (North) under Malipanchghora P.S. of District Howrah acting through the petitioner No. 2 Mr. Pankaj Sharma as authorised signatory. The petitioners claim that in June, 2006 they applied for a new electricity connection in the nature of Low Tension Industrial Line to the respondent CESC Limited for their factory premises. On receipt of their application the respondent offered a quotation of Rs. 1,25,791/- which was paid on 12.08.2006 under bill No. MA 06/02460/06/0/1. Since no action was taken thereafter on 12th April, 2007 the petitioners made a representation followed by a demand notice on 14th January, 2008. Nevertheless the respondent authorities did not take any effective step for supply of such electricity for which they have approached this Writ Court seeking necessary remedies.2. The...
Sri Basudeb Chakraborty and anr. Vs. Premnath Ramesh Kumar
Court: Kolkata
Decided on: Jun-18-2010
Jyotirmay Bhattacharya, J.1. This revision application has a long chequered history. The petitioner No. 1 purchased a Hindustan Tractor of 2001 model bearing Chassis No. 5001017408 with complete accessories by taking loan from the opposite party No. 1, financier, under a higher purchase agreement. The said loan was repayable in 24 equal monthly installments. The petitioner No. 2 who is the mother of the petitioner No. 1 stood as a guarantor for the said loan transaction and in fact, the title deeds relating to immovable property belonging to petitioner No. 2 worth Rs. 12 lacs was kept in the custody of the financier by security for repayment of the said loan. The petitioner No. 1 paid 16 monthly installments regularly and thereafter committed default in payment of the subsequent installments.2. Under such circumstances, the opposite party No. 1, namely, the financier, filed an application under Section 9 of the Arbitration and Conciliation Act of 1996 being Misc. Case No. 2914 of 2006 ...
Mukesh Ali @ Bapi Khan and anr. Vs. the State of West Bengal
Court: Kolkata
Decided on: Jun-17-2010
Ashim Kumar Banerjee, J.1. FACTS OF THE CASE:1. Police got an information that two persons would be trafficking heroin by crossing Rasulpur Ghat in the District of Purba Midnapur. Relying on the said information, the police went to Rasulpur Ghat at about 11.05 a.m. on April 20, 2004. They also asked Shri Subimal Makur and Shri Swadesh Show being PW-3 and 4 to assist them by remaining as witness in case of apprehension of the accused. At about 11.40 a.m. two persons sitting on a Hero Honda motorcycle reached the spot. The police team chased them when unfortunately one of them managed to escape. One Madhu Sikdar chased him but in vain. The driver of the motor cycle Mukesh alias Bapi Khan was arrested. From the booty of his motor bike one brown colour rexine bag wrapped with a newspaper was found after opening a chocolate box kept in a polythene bag. The brown powder as found in the bag was tested positive as heroin. The police party arrested Bapi and seized the substance. One Swapan Kami...
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