Kolkata Court January 2011 Judgments
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Bharat Chamber of Commerce. Vs. Ram Jiban Ram and anr.
Court: Kolkata Appellate
Decided on: Jan-17-2011
1. This application is at the instance of the appellant and is directed against the order dated April 21, 2009 passed by the learned Judge, Presidency Small Causes Court, Calcutta in W.B.S.E. Appeal No.6 of 2005 thereby dismissing the appeal.2. The short fact is that the opposite party herein is an employee under the petitioner and he absented himself from March 9, 1998 to March 20, 2009 without intimation. Since he did not file any application for regularisation of the unauthorised absence and he did not perform any service for the said period, no wage was paid to him for the said period and an amount of Rs.1,206/- was deduced from his salary. Being aggrieved, the opposite party moved the Referee, Shops and Establishments, Government of West Bengal and by an order dated October 24, 2005, the petitioner was directed to pay the said amount to the opposite party. Being aggrieved by that order, the petitioner preferred the said appeal and the learned lower appellate court dismissed that a...
Archana Das. Vs. Subrata Das
Court: Kolkata Appellate
Decided on: Jan-17-2011
1. This application is at the instance of the wife/respondent and is directed against the order no.47 dated July 28, 2009 passed by the learned Additional District Judge, Fifth Fast Track Court, Alipore in Misc. Case No.3 of 2006 arising out of the Matrimonial Suit No.17 of 2006.2. The opposite instituted a suit being matrimonial suit no.230 of 2005 (subsequently renumbered as Matrimonial Suit No.17 of 2006) before the learned District Judge, Alipore for dissolution of marriage. The petitioner herein entered appearance in the said suit and she is contesting the said suit by filing a written statement. She also filed an application under Section 24 of the Hindu Marriage Act, 1955 for alimony pendente lite for herself, her son and also litigation costs. That application for alimony was converted into the misc. case no.3 of 2006 and that was disposed of on July 28, 2009 by passing the impugned order granting alimony at the rate of Rs.3,000/- per month for the petitioner, Rs.3,000/- per mo...
Tusharmoy DasguptA. Vs. Amarnath Das and ors.
Court: Kolkata Appellate
Decided on: Jan-17-2011
1. This application is at the instance of the applicant and is directed against the order no.12 dated September 13, 2010 passed by the learned Civil Judge (Junior Division), Fourth Court, Alipore in Ejectment Suit No.333 of 2009.2. The short fact is that the plaintiffs/opposite parties herein instituted a suit for eviction against the opposite party nos.6 & 7 for eviction in respect of the properties, as described in the schedule of the plaint. The plaintiffs contende3d that the predecessor-in-interest of the opposite party nos.6 & 7, namely Jyostshamoy Dasgupta, since deceased, was inducted as a tenant and after his death, the tenancy devolved upon the opposite party nos.6 & 7 being his wife and son. The defendants sub-let the suit property in favour of a third person and the defendants have their own accommodation at premises no.7, Park Side Road. That is why, the suit for eviction was filed. The opposite party nos.6 & 7 are contesting the said suit by filing a written statement. The...
Ranajit Ghosh and ors. Vs. Gan Tusi Au and ors.
Court: Kolkata Appellate
Decided on: Jan-17-2011
1. This application is at the instance of the defendant nos.2(a) to 2(e) and is directed against the order no.87 dated May 27, 2010 passed by the learned Additional Civil Judge (Senior Division), Sealdah in Title Suit No.163 of 2001 thereby rejecting an application under Section 45 of the Indian Evidence Act filed by the defendants.2. The plaintiff/opposite party herein instituted a title suit being Title Suit No.270 of 1990 against the predecessor-ininterest of the petitioners and the opposite party nos.2 & 3 for eviction from the premises in suit, as described in the schedule of the plaint. In that suit, the petitioners appeared and filed an application under Section 17(2) & (2A) of the West Bengal Premises Tenancy Act, 1956. While the plaintiff /opposite party was deposing before the Court, a letter was shown to him during cross-examination and she (witness) denied her signature thereon. For that reason, the petitioners filed an application under Section 45 of the Indian Evidence Ac...
Sekh Abdul Sobur Vs. the State of West Bengal
Court: Kolkata Appellate
Decided on: Jan-17-2011
1. M.M.T.C. Ltd. is a Government of India undertaking having its office inter alia at Ruby House, India Exchange Place, Calcutta. The petitioner Abdul Sobur was the proprietor of M/s. Narayanpur Agri and Agricultural Development Project having its office at Burdwan. M.M.T.C. entered into an agreement for handling agency with the petitioner on June 26, 1996. On perusal of the agreement it appears that M.M.T.C. was in need of a storage space in Burdwan from where they could distribute fertilizer to the farmers.2. Under the agreement petitioner was to provide storage space where M.M.T.C. would keep the fertilizer under care of the petitioner. Petitioner would act as handling agent and would deliver fertilizer from their godown to the customers of M.M.T.C. as per the delivery orders issued by M.M.T.C. In turn, petitioner would get commission as per the agreement. There were other terms and conditions that the parties were to fulfil under the agreement. M.M.T.C. alleges that the petitioners...
Santwana Chakraborty Vs. the State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Jan-17-2011
1. The petitioner in this art.226 petition dated October 7, 2002 is questioning two memos dated December 2, 1997 (at p.32) and September 19, 2002 (at p.47) both issued by the District Inspector of Schools (SE), North 24 Parganas. 2. The petitioner was voluntarily doing the work of Group-D staff in Sukchar Satadal Balika Vidyayatan from June 21, 1995. For filling the vacancy for a Group-D post occurring in 1996 the school authority took steps according to the recruitment rules. Names of eligible candidates were requisitioned from the employment exchange that sponsored names, the petitioner was not one of them. She moved W.P. No. 12546 (W) 1997 before this Court under art.226 alleging that the school authority was not inclined to permit her to participate in the selection process. 3. According to the recruitment rules, only those persons whose names were sponsored by the employment exchange were entitled to participate in the selection process. However, by an order dated July 15, 1997 W....
Probhat Kumar Baksi Vs. Damodar Valley Corporation and ors.
Court: Kolkata Appellate
Decided on: Jan-17-2011
1. Mr Bhattacharya submits that the petitioner, retiring on November 30, 1981 after serving for 26 years 11 months, brought this petition with two grievances: (i) though in terms of the amended provisions of r.49(3) of the Central Civil Services (Pension) Rules, 1972 in calculating the length of qualifying service the respondents were required to treat the period of 11 months as two half years, they treated the period as one half year; and (ii) though in terms of O.M. dated February 10, 1998 of the Government of India, Ministry of Personnel, Public Grievances & Pensions, Department of Pension and Pensioners Welfare (at p.19) the respondents were under an obligation to revise the petitioners pension with effect from January 1, 1986, they revised his pension with effect from January 1, 1996. 2. There is no dispute that in view of the provisions of reg.108A of the Damodar Valley Corporation Service (Conduct) Regulations, 1955 made under the Damodar Valley Corporation Act, 1948, the Centr...
Parag Mukherjee Vs. State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Jan-17-2011
1. The petitioner in this art.226 petition dated January 7, 2011 is seeking the following principal relief: (a) A writ in the nature of mandamus commanding the respondent authority particularly the respondent no.2 to consider and to pass appropriate order on the application of the petitioner being annexure P-10 herein for grant of sanction to file criminal case against the respondent no.3 and two other police officers forthwith; 2. The petitioner submitted an application dated December 21, 2009 (at p.57) to the Secretary, Ministry of Home Department, Government of West Bengal for the following purpose: Grant of sanction to file criminal case against Sri Prabir Roy, presently posted as Inspector-inCharge of Jadavpur Police Station, Sri Haradhan Nandi, the then Additional Inspector-in-Charge of Kasba Police Station and another Sub Inspector whose name could not be collected.3. Since the secretary did not give any attention to his application dated December 21, 2009, the petitioner has br...
Nilima Bhattacharjee. Vs. Sisir Ranjan De and ors.
Court: Kolkata Appellate
Decided on: Jan-17-2011
1. The present revisional application Under Article 227 of the Constitution of India is directed against the order dated 20th January, 2007, passed by the learned Civil Judge (Junior Division), Barrackpore, North 24-Parganas, in connection with Title Execution Case No.5 of 2006, which was filed for execution of the decree dated 23rd December, 1960 passed in Title Suit No.161 of 1958. From the materials on record it could be gathered that the learned Civil Judge (Junior Division), Barrackpore while passing the impugned order issued direction upon the present petitioner to file some documents relating to original decree passed in Title Suit No.161 of 1958 as also some other connected documents concerning the second appeal decided by the Honble Division Bench of this Court and was pleased to stay the T. Exe. Case No.5 of 2006/T.Exe. 73 of 1970. 2. Being aggrieved by and dissatisfied with the impugned order dated 20th January, 2007, the present petitioner has come up before this Court pray...
Rashid Sk. Vs. the State of West Bengal.
Court: Kolkata Appellate
Decided on: Jan-17-2011
1. This appeal is directed against the judgment of conviction and sentence passed by learned Additional Sessions Judge, 10th Court, Alipore in Sessions Trial No. 1(4) of 2000 sentencing the appellant to suffer imprisonment for life and to pay a fine of Rs.200/- in default to suffer R.I. for one month. 2. The prosecution case, in short, is that one Mofidul Islam Mollick lodged complaint with the Mograhat P.S. alleging that he was Upa Prodhan of the Gram Panchayat of Dhanuya (South). On 30.6.1996 at about 11.00 hours he got information from Kazi Akbar Ali that the dead body of one unknown lady was lying in the field at Sainberia. On getting such information, he along with some others went to that place and found that a dead body was lying in the field. There were injuries on the dead body. 3. Upon receipt of the complaint, the Mograhat P.S. case No. 77 dated 30.6.1996 was started against unknown persons. After completion of investigation the charge sheet was submitted. The charge was fra...
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