Kolkata Court June 2010 Judgments
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Sri Haradhan Pal Vs. the New India Assurance Co. Ltd. and anr.
Court: Kolkata
Decided on: Jun-14-2010
Bhaskar Bhattacharya, J.1. This appeal is at the instance of the claimant in a proceeding under Section 166 of the Motor Vehicles Act and is directed against an award dated 18th July, 2005 passed by the Motor Accident Claims Tribunal and 8th Bench of the City Civil Court at Calcutta, in M.A.C. Case No. 388 of 1992, thereby rejecting the said application on the ground that the claimant having already received a sum of Rs. 25,000/- in the earlier proceedings under Section 140 of the Act whereas in the proceedings under Section 166 of the Act, the total amount of compensation payable having been assessed at Rs. 14,960/-, the Insurance Company was under no obligation to pay any further amount.2. Being dissatisfied, the claimant has come up with the present appeal.3. There is no dispute as regards the death of the victim in the accident where the offending vehicle was insured by the New India Assurance Company Limited. It appears from record that in a previous proceeding under Section 140 o...
Arc Holdings Ltd. Vs. Rishra Steels Ltd. and ors.
Court: Kolkata
Decided on: Jun-14-2010
Bhaskar Bhattacharya, J.1. This appeal is at the instance of an unsuccessful applicant under Section 466 of the Companies Act (hereinafter referred to as the Act) and is directed against an order dated December 2, 2005 passed by a learned Single Judge thereby dismissing the said application.2. The facts giving rise to filing of the present appeal may be summed up thus:1) The company in liquidation was incorporated in the year 1985 and had gone into liquidation on the June 4, 1990. During the said period, it took loan from Allahabad Bank for the recovery of which the Bank instituted a suit which ended in a decree for a sum of Rs. 3,47,04,232.85p. together with interest at the rate of 12% per annum. The said decree gave time of 60 days to the judgment debtor to pay the said amount with the stipulation that in default, the Bank would be at liberty to sell the property of the judgment debtor by public auction or by private contract. For the inability on the part of the judgment debtor to p...
Alcatel India Ltd. and anr. Vs. Krishna Narayan Yadav and ors.
Court: Kolkata
Decided on: Jun-11-2010
Bhaskar Bhattacharya, J.1. This Rule has been issued on an application for contempt filed under Section 215 of the Constitution of India read with Section 10 of the Contempt of Court Act, 1971 alleging commission of criminal contempt. It is alleged that the respondents filed a frivolous suit being Title Suit No. 764 of 2002 and in connection with the same, moved an application for injunction by affirming false affidavit and obtained an ex parte interim order of stay, inter alia, of further proceeding of the arbitration, which was being conducted in London. It was further alleged that subsequently, the respondents consented to return of plaint of the said suit and such acts amounted to lowering the authority of and interfering with due process of judicial proceedings and obstructing the administration of justice, inter alia, of the learned City Civil Court at Calcutta.2. Although the said application was stated to be one alleging criminal contempt, the consent of the learned Advocate Ge...
Nirmal Bhowmik Vs. Smt. Safala Das and anr.
Court: Kolkata
Decided on: Jun-10-2010
Prasenjit Mandal, J.1. This revisional application has arisen out of the order dated July 29, 2006, passed by the learned Additional District Judge, Alipurduar, District - Jalpaiguri in Criminal Revision No. 12 of 2006 thereby affirming the order of maintenance dated March 28, 2006 passed by the learned Judicial Magistrate, Alipurduar in M.R. Case No. 81 of 2003.2. The husband/petitioner has filed this revisional application against his wife/O.P. No. 1 and the State of West Bengal for setting aside the order passed by the learned Additional District Judge.3. The wife/opposite party No. 1 filed one case under Section 125 of the Code of Criminal Procedure for her maintenance at the rate of Rs. 1,500/- per month, stating, inter alia, that the marriage between her and her husband, petitioner herein, was solemnised on June 15, 2003. It was also registered on that very day under the Special Marriage Act. After marriage, they lived together in the house of the husband but the members of his f...
Kidderpore Wine Stores and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-10-2010
Dipankar Datta, J.1. The first petitioner is a 'Foreign Liquor Off Shop'. Initially, the fourth respondent was the sole licensee in respect thereof. However, subsequently, the second petitioner was inducted as joint licensee and necessary licence in their joint names was duly issued by the excise authorities.2. After issuance of the licence, the second petitioner and the fourth respondent carried on business jointly. With passage of time the licence became due for renewal. The second petitioner applied for renewal of the licence. It is claimed in the petition that since the fourth respondent did not sign the application for renewal of licence, the Collector of Excise (South) had allowed the second petitioner to run the shop temporarily. However, the Excise Commissioner by an order dated 6.5.2007 had observed that running of the shop on temporary basis is unacceptable and, accordingly, directed the Collector to settle the licence jointly in favour of the second petitioner and the fourth...
Suniti Kumar Mishra Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-10-2010
Dipankar Datta, J.1. The petitioner claims to have been engaged by the respondents as carriage contractor for transportation of cement from the departmental godowns to various sites as per their orders. He had implemented the orders issued by the respondents from time to time in the year 1988 and had raised separate bills in sums of Rs. 17,000/- and Rs. 68,160/-. The respondents did not release payment allegedly due and payable to the petitioner. The petitioner did not exercise his right to obtain payment for work executed by him. Nearly 18 years after he had executed the work, he woke up from his slumber and presented a writ petition before this Court being W.P. No. 2 1620 (W) of 2007 praying for order on the respondents to release payment in his favour. I had the occasion to dispose of the writ petition by an order dated 15.1.2008. The respondents were directed to consider the representations made by the petitioner in support of his claim for release of payment in accordance with law...
Smt. Laxmi Mondal Vs. Sri Sanatan Mondal
Court: Kolkata
Decided on: Jun-10-2010
Prasenjit Mandal, J.1. This application under Section 482 of the Code of Criminal Procedure has arisen out of the order dated June 1, 2009 passed by the learned Additional District & Sessions Judge, Fast Track Second Court, Diamond Harbour in connection with Criminal Motion No. 75 of 2008 arising out of the order dated March 5, 2008 passed the learned Judicial Magistrate, Third Court, Diamond Harbour in Misc. Case No. 330 of 2006 allowing the maintenance in favour of the opposite party.2. The wife/petitioner filed the application under Section 125 of the Code of Criminal Procedure claiming maintenance for herself and her child against the opposite party. Upon consideration of evidence of both the sides, the learned Judicial Magistrate allowed the application granting maintenance at the rate of Rs. 700/- per month for the wife and Rs. 500/- per month for the child with effect from the date of order. The husband/opposite party preferred a revisional application which was allowed by the l...
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