Kolkata Court January 2011 Judgments
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Smt. Srabani Roy Vs. the State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Jan-25-2011
1. This writ application has been filed by the Assistant Teachers of Sri Arobinda G.S.F Primary School for approval of their services and release of all the payment since date of the recognition of the said school.2. The case as made out in the writ application is that the petitioners were appointed as Assistant Teacher on the strength of the resolution of the Managing Committee passed on 24th March 1978.3. The writ petitioners have further contended that they were rendering their services since their appointment without any break and their appointment was made as organizer teachers. The said school was subsequently recognized on 9th February 1981 and at the time of the inspection made by the sub-Inspector of School on 29.7.1983 the petitioners were found working in the school. The petitioners made several representations, between 1983 to 1989 to the District Inspector of Schools and the Chairman of the Municipality, to absorb and approve the said appointment of the petitioners. The re...
Sk. Jalal Vs. the State of West Bengal and Anrs
Court: Kolkata Appellate
Decided on: Jan-25-2011
1) Sk. Saheb Ali and Sk. Kutubuddin the opposite party no. 1 and 2, respectively, were found not guilty to the charge under Section 376 IPC by the learned Additional District and Sessions Judge, Fast Track Court no. 1, Howrah in Sessions Trial No. 305 of 2006 and were acquitted therefrom. Sk. Jalal, father of the victim girl Jahanara Khatoon has challenged the legality, validity and correctness of the order of acquittal of the opposite party no. 1 and 2 in this revision application.2) The factual aspect is stated below in short :3) On 13.12.2004, Jahanara Khatoon daughter of Sk. Jalal was found missing since 7 P.M. A missing diary being no. GDE no. 1431 darted 14.12.2004, was noted by the Panchla Police station to that effect. Sk. Jalal and others made thorough searching for Jahanara and on 14.12.2004 one Sk. Hara and Sk. Liakat of village Nabghara brought Jahanara and opposite party no. 2 Sk. Saheb Ali back to their village and disclosed that they were caught when moving in the villag...
Yashdeep Trexim Vs. Board for Industrial and Financial Reconstruction ...
Court: Kolkata Appellate
Decided on: Jan-25-2011
1. Ambit and coverage of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereafter the SICA) do not extend to a foreign company carrying on business in this country, is the point vehemently argued by learned counsel for each of the petitioners and some of the respondents herein while assailing the order passed by the Board for Industrial and Financial Reconstruction (hereafter the BIFR) sanctioning a scheme for revival of Baranagore Jute Company PLC (hereafter BJC), a company incorporated in England under the laws of that country and having its registered office in London. Per contra, each of the learned counsel for those respondents who have urged the Court not to entertain the writ petitions have strongly contended that on proper interpretation of SICA, it ought to be held that the ambit and coverage of SICA extends to embrace a foreign company, a fortiorari, BJC. 2. The writ proceedings presently under c...
Suresh Poddar and Another Vs. the State of West Bengal.
Court: Kolkata Appellate
Decided on: Jan-25-2011
1. The present two appeals are directed against the judgment of conviction and sentence dated 15th September, 1988 passed by the learned Assistant Sessions Judge, Burdwan in Sessions Trial Case No. 22 of 1988 corresponding to Sessions Case No.144 of 1987 sentencing the appellants, namely, Suresh Poddar and Santi Bauri to suffer R.I for 8 years and to pay fine of Rs.2,000/- I.D to suffer R.I for 1 year and to suffer R.I for 5 years and to pay fine of Rs.500 and in default to suffer R.I for 3 months respectively for the offence under Section 376 IPC and 376/114 IPC respectively. 2. Prosecution case, in short, is that on 28th April 1984 at about 3 PM the victim girl Fulmani Mandi (P.W-1) boarded a bus at Burdwan for going to Memari and when the bus reached Shaktigarh, victim learnt that the bus would not go to Memari as the same was meant for Barsul and, as such, she got down from the bus at Shaktigarh. In the meantime appellant Suresh found the victim girl standing at Shaktigarh bus stan...
Subhas Sardar. Vs. the State of West Bengal.
Court: Kolkata Appellate
Decided on: Jan-25-2011
1. This appeal is directed against the judgment of conviction and sentence passed by learned Additional Sessions Judge, 3rd Court, Burdwan in Sessions Trial No. 16 of 1992 corresponding to Sessions Case No. 330 of 1990 sentencing the appellant to suffer R.I. for 10 years under Section 307 I.P.C. and to suffer R.I. for one year under Section 451 I.P.C. 2. The prosecution case, in short, is that one Kalyani Biswas lodged complaint with O.C. Ketugram P.S. alleging that on 8th Agrahayan, 1392 at about 8.00 P.M. she and her sister Kanika Biswas were lying in the first floor after dinner. Chandi Majhi was in the ground floor. At about 10.00 P.M. her sister Kanika Biswas came downstairs to attend natures call. Sometime thereafter Kanika raised alarm and on hearing her shouts, the informant came downstairs with light and found that Chandi Majhi also woke up. She found that Kanika was lying in the courtyard with bleeding injuries and Subhas Sardar with a knife in his hand was going away after o...
Shri Paresh Nath Majumder Vs. West Bengal State Electricity Distributi ...
Court: Kolkata Appellate
Decided on: Jan-24-2011
1. The petitioner, employed by the then West Bengal State Electricity Board in 1962, was holding the post of Assistant Manager (F&A;) of the Board on April 19, 2003 when a charge-sheet of that date (at p.51) was issued by his disciplinary authority. He was to retire on reaching the age of superannuation on April 30, 2003. During pendency of the proceedings initiated by the charge-sheet dated April 19, 2003 the disciplinary authority issued another charge-sheet dated April 28, 2003 (at p.56). 2. One of the allegations against him was that he did not disclose to the authority concerned that in a tender process his son was one of the participants. Questioning the validity of the proceedings and denying that he committed any misconduct in any manner, he participated in the proceedings and the enquiry officer submitted reports concluding that some of the charges were proved. After giving him opportunity of submitting representations to the findings of the enquiry officer, the disciplinary a...
Arun Sen. Vs. Puspa Rani Mukherjee and ors.
Court: Kolkata Appellate
Decided on: Jan-21-2011
1. This application is at the instance of the plaintiff/respondent no.1 and is directed against the order dated March 30, 2009 passed by the learned Additional District and Sessions Judge, Fast Track Third Court, Sealdah in Title Appeal No.52 of 2004 thereby rejecting the show cause to accept the written statement to be filed by the plaintiff in the counterclaim. The short fact is that the petitioner instituted a suit being Title Suit No.685 of 1998 for declaration and injunction in respect of a flat mentioned in schedule A to the plaint claiming that he has every right to enjoy all amenities including installation of electric meter in the common electric meter box under the staircase of the building, as described in schedule B to the plaint and for other reliefs. In that suit, the defendant no.3 contested by filing a written statement with the counterclaim and copy of the counter claim was served upon the plaintiff on May 28, 1999. But the plaintiff did not file any counter-claim thro...
Rakesh Gupta and Another Vs. Harsh Construction and Others
Court: Kolkata
Decided on: Jan-21-2011
1. This appeal is directed against the order dated 23rd November, 2009 passed in G.A.No. 2859 of 2009 and C.S.No. 4161 of 1953 ( Baidyanath Chatterjee and another vs- Kumar Purendu Nath Tagore and others ) by the Honble Justice Sanjib Banerjee thereby His Lordship has refused to cancel the deed of conveyance dated 21st August ,2008. 2. The short background of the matter is that a perpetual lease was granted by the sons of late Raja Prafulla Nath Tagore, predecessors-in-interest of the parties to the present suit in favour of Babu Bechanram Gupta and Babu Mewalal Gupta by a registered deed dated October 1, 1994. The appellants are the successors-in-interest of Babu Bechanram Gupta. They erected a building on the property and the same has been let out. Presently the Associate Tubewells Limited is the appellants tenant in respect of the property. One M/s. Harsh Construction, a partnership firm claiming to be the present owner of the property allegedly disturbed the appellants possession. ...
Regional Provident Fund Commissioner, W.B. and anr. Vs. Superintendenc ...
Court: Kolkata
Decided on: Jan-21-2011
1. This appeal is directed against an order dated 21st May, 2010. It appears that the writ petition being W. P. No. 2610 of 1994 was dismissed for default on 23rd April, 2002. Subsequent thereto, the matter was restored on 23rd May, 2002. The said Writ petition was disposed of by Arun Kumar Mitra, J. (as His Lordship then was). On 8th April, 2003 His Lordship was pleased to pass the following order : The Court : In this writ petition the petitioner has made following prayers: a) Writ and/or Order and/or Direction in the nature of Mandamus directing the respondents to withdraw and/or cancel and/or forbear from giving effect or further effect to the order dated 14th February, 1994 passed by the Regional Provident Fund Commissioner, West Bengal, Respondent No. 1, (Annexure F-1 of this petition); b) Writ and/or Order and/or Direction in the nature of certiorari directing the respondents to certify and transmit to this Hon'ble Court records for the proceedings pertaining to the issue of the...
State Bank of India and ors. Vs. Guru Ispat Limited
Court: Kolkata
Decided on: Jan-21-2011
This appeal is directed against a Judgment and/or order dated 11th January, 2010 passed by the Hon'ble Single Judge whereby His Lordship was pleased to hold as follows: I am of the view that the question whether citing UBLs refusal to pay the billed amount and thus honour the irrevocable letter of credit issued by it on October 6, 1993, SBI can call upon Guru Ispat to pay the amount demanded by its letter dated August 2, 1994 should not be examined by the high court in exercise of its power under art. 226, for nothing in the question involves enforcement of any public law right by Guru Ispat, or discharge of any public law obligation or duty by SBI that has claimed and asserted a pure private law contractual right. In my view, the petitioners, questioning the validity of SBIs demand and consequential exercise of its right under s. 171 of the Indian Contract Act,1872, should be relegated to the civil court for seeking adjudication and determination of all questions pertaining to SBIs s....
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