Kolkata Court August 2010 Judgments
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Mir Kayum HossaIn Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-03-2010
The Court : No one has appeared to oppose this writ application on behalf of the State Transport Corporation, Jharkhand, in spite of notice. Let the affidavit of service be taken on record. The State Transport Authority, West Bengal, has issued permit no. P.St. P. No. 17/2005(I/S) to operate a vehicle from Bishnupur to Tata and back, as per Rules specified in the permit. The permit which was initially issued in 2005 was valid for a period of five years from 16th May, 2005 till 15th May, 2010. Section 88(1) of the Motor Vehicles Act, 1988 provides as follows : 88. Validation of permits for use outside region in which granted 1) Except as may be otherwise prescribed, a permit granted by the Regional Transport Authority of any one region shall not be valid in any other region, unless the permit has been countersigned by the Regional Transport Authority of that other region, and a permit granted in any one State shall not be valid in any other State unless countersigned by the State Transp...
M/S. Ksb Pumps Limited and anr. Vs. Union of India and anr.
Court: Kolkata
Decided on: Aug-03-2010
This writ petition is directed against an order dated 10th March, 2008 passed by the Regional Director, Eastern Region, Ministry of Corporate Affairs, Kolkata rejecting an application filed by the petitioner under Section 22 of the Companies Act, 1956. It was recorded therein that the petitioner did not furnish any evidence in support of its claim that it is the registered proprietor of the trademark KSB and that it had not filed the application within twelve months from date of registration of the respondent company. Since conditions as laid down in Section 22(1)(ii) of the Companies Act, 1956 were not fulfilled, the petitioner was not entitled to any relief. I have heard Mrs. Banerjee, learned Advocate for the petitioner and Mr. Bhowmick, learned Advocate for the respondents. I have perused the impugned order. The Regional Director has not faltered in reaching the findings as contained in the order dated 10th March, 2008 while rejecting the petitioners application. There is no scope ...
Amitava Chatterjee Vs. West Bengal Financial Corporation and ors.
Court: Kolkata
Decided on: Aug-03-2010
The grievance of the petitioner is that despite tendering payment in full to the West Bengal Financial Corporation in terms of order dated 8th March, 2010 passed by this Court while disposing of W. P. No.3497 (W) of 2000, it has failed to execute and register the deed of conveyance in respect of the entire landed property measuring about 1.79 acres being R. S. Plot Nos.419 and 420, R. S. Khatian No.47, J. L. No.104, Mouza Tiakati, P. S.- English Bazar, District-Malda, at the factory site of M/s. Alo Rerolling Mill (Pvt.) Ltd.. The writ petition was admitted by a Learned Judge of this Court by order dated 17th June, 2009. Affidavits were called for and the writ petition was directed to be listed for final hearing in the month of September, 2009. The Corporation did not file any counter-affidavit. The writ petition was taken up for consideration by this Court on 6th April, 2010 when a prayer for extension of time to file affidavit-in opposition was made on behalf of the Corporation. Tim...
Sri Haren Bauri Vs. Coal India Ltd. and ors.
Court: Kolkata
Decided on: Aug-03-2010
The Court :-This writ application is filed by the petitioner assailing the charge-sheet dated December 13, 2006, the enquiry proceeding as also the order of dismissal dated June 9/10, 2008 passed against the petitioner in connection with his service as General Mazdoor under the respondent No.2. The petitioner was served with a charge-sheet dated July 26, 2005. The charge leveled against him in the above charge-sheet was absence of the petitioner from duty without notice or authorized leave from February 15, 2005. According to the petitioner he submitted a reply to the above charge sheet but no step was taken against the petitioner on the basis of the above charge-sheet. Subsequently another charge sheet dated August 9, 2005 was issued against the petitioner. Charges leveled against him was absence from duty without notice or authorized leave from February 15, 2005. The petitioner submitted his reply to the same. An enquiry was conducted in the matter on December 26, 2006. A second show...
Mousumi Dasgupta and ors. Vs. the State of West Bengal and Ors,.
Court: Kolkata
Decided on: Aug-03-2010
THE COURT : It appears that the writ petitioner has been awarded a certificate bearing No. A 072674 issued on 18th December, 2008 by the Head, NET Bureau of the University Grants Commission, National Educational Testing Bureau, wherefrom it appears that he has attained the UGC-NET qualification for eligibility for lectureship held on 30th December, 2007, in the subject, International and Area Studies. Since the issue that comes up for adjudication before this Court concerns the interpretation of the expression, concerned subject as appearing from the advertisement of the West Bengal College Service Commission being Advertisement No. 03/2008, the University Grants Commission is directed to file an affidavit before this Court within three weeks from date stating specifically therein whether the qualification of the writ petitioner in the subject stated above could be said to be an eligible qualification for the post applied for. Let this matter appear in the list for further consideratio...
Alok Fatehpuria Vs. Ths Authorised Officer of the Punjab National Bank ...
Court: Kolkata
Decided on: Aug-03-2010
The Court : Mr. Dutta, learned Advocate representing the bank fairly submits that the bank was not aware of the death of Purni Debi Fatehpuria on 8th April, 1975. The deed at page 24 of the petition, annexure P-3 therefore could not have conferred the bank any right to proceed against the petitioner under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. For the reasons assigned in the order dated 2nd May, 2008, the interim order passed earlier stands confirmed with the modification that possession of the two rooms which the bank had taken pursuant to proceedings initiated under the Act shall be restored in favour of the petitioner. The proceedings initiated by the bank under the Act shall not be proceeded with any further and all actions taken in connection therewith stands quashed. The writ petition stands allowed, without costs. This order, however, shall not preclude the bank to proceed against the borrower for realization of ...
Rakesh Kumar Jindal and anr. Vs. Ashok Kumar Jindal and ors.
Court: Kolkata
Decided on: Aug-03-2010
The Court: This application is admitted. The following direction for filing of affidavits is made: Affidavit in opposition to be filed by 24th of August, 2010. List this application fairly at the top in the monthly list of September, 2010. Affidavit in reply may be filed in the meantime. Mr. Bose learned Advocate for the petitioner submits that the Joint Receivers are acting further to the order of the Honble Court of appeal dated 24th of April, 2008. There is no allegation against the joint Receivers. But, Mr. Bose expresses an apprehension that since they are agents of the parties as their Advocates on Record they are under their influence, and at times pressure. Therefore, if an independent Receiver from the Bar is appointed, it would be more beneficial. This is accepted by the other parties. Therefore, as an interim order at the moment I discharge the Joint Receivers. I appoint Mr. Anil Gupta, Advocate and member of the Bar Library Club, as sole Receiver on the same terms and condi...
M/S Essm and Company and anr. Vs. Tea Board of India and ors.
Court: Kolkata
Decided on: Aug-03-2010
The Court : The petitioners in this article 226 petition dated July 28, 2010 are questioning an order dated June 29, 2010 (at page 83) of the Appellate Authority under Clause 12 of the Tea Warehouses (Licensing) Order, 1989. The petitioners were carrying on activities as a warehouse owner. For the purpose they were required to obtain license under the Tea Warehouses (Licensing) Order, 1989. They obtained the requisite license that was renewed from time to time. The premises wherefrom they were carrying on the activities were owned by the Kolkata Port Trust. The Port Trust was not inclined to accept them as an authorized occupant. Under the circumstances, they instituted a suit in which the Civil Court made an order against the Port Trust. The Port Trust wrote a letter asking the Tea Board not to renew their license. The last license was to remain valid till July 3, 2009 (at page 61). They duly applied for renewal of the license. By an order dated March 22, 2010 the Licensing Authority ...
Vamscorp (India) Ltd. Vs. Borendra Nath Mookerjee and ors.
Court: Kolkata
Decided on: Aug-02-2010
The Court: While a civil action was pending between the parties the police had initiated some action which was not appreciated by me, prima facie. By my order dated 26th July, 2010 I had called for an explanation. The police authorities are represented by counsel. But it is represented to me by the learned Counsel for the petitioner that his client is not desirous of proceeding with this contempt application against the police. Contempt proceedings are like quasi-criminal proceedings. The alleged contemnors are like accused in a criminal proceeding. I find from the letter of the alleged contemnor no.1, at page 53 of the contempt petition that he cannot be called an alleged principal offender in this contempt proceeding. In his letter at page 53 he had just mentioned that there was violation of the status quo order dated 21st June, 2010 and requested the police to take necessary action. Prima facie, upon receipt of this request, which shows clear mention of a status quo order of the Cou...
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