Kolkata Court February 2011 Judgments
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Manimala Bag Vs. the State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Feb-25-2011
1. The petitioner in this art.226 petition dated June 28, 2006 is seeking two orders: (i) an order directing the respondents to pay her all benefits that became payable on her husband going missing; and (ii) an order directing the respondents to offer one of her sons an appointment to a suitable post on compassionate ground. 2. Facts revealed by the pleadings filed by the parties are these. The petitioners husband (Sristidhar Bag) was appointed as a Chowkidar in Deypara Gram Panchayat in the district Nadia on April 1, 1970. He received salary the last time for the month of August 1987. He went missing on October 3, 1987. The petitioner submitted a representation to the District Magistrate, Nadia whose office received it on July 30, 1997. She prayed for an employment on compassionate ground for a member of her family. 3. By a letter dated August 7, 1997 the Block Development Officer, Krishnanagar-I directed the Pradhan of the Gram Panchayat to submit necessary particulars of the missing...
Smt. Abha Rani De DharA. Vs. Sri Guru Tanti.
Court: Kolkata Appellate
Decided on: Feb-25-2011
1. This application is at the instance of the opposite party/plaintiff/petitioner herein and is directed against the order no.73 dated July 7, 2008 passed by the learned Civil Judge (Junior Division), Siliguri in Misc. Case No.15 of 2000 arising out of the Title Suit No.26 of 1999 thereby allowing an application for amendment of the misc. case as well as the application under Section 5 of the Limitation Act.2. The short fact is that the plaintiff/petitioner herein got an ex parte decree of declaration of title and injunction against the opposite party. Subsequently, the opposite party filed an application under Order 9 Rule 13 of the C.P.C. and another petition under Section 5 of the Limitation Act. The plaintiff/petitioner is contesting the said application. Evidence was recorded on behalf of both the sides. Thereafter, the matter was fixed for hearing argument over the said misc. case. At that time, the opposite party filed an application for amendment of the said misc. case as well ...
Sabra Khatoon. Vs. the Kolkata Municipal Corporation and ors.
Court: Kolkata Appellate
Decided on: Feb-25-2011
1. Challenge is to the order dated April 21, 2009 passed by the learned Municipal Assessment Tribunal, First Bench, Kolkata Municipal Corporation in Appeal No.2172 of 2007. The appellant has preferred this application contending, inter alia, that he entered into an agreement for sale of a flat with M/s. Shrachi Leathertex Private Limited Company at premises no.23, Marquis Street under Police Station New Market as per terms and conditions of the agreement executed between them. Amongst other clauses, the petitioner was to get the said flat bearing no.5F having an area of 1044 square feet. At the time of getting possession, the petitioner noticed that she got the flat with an area of 762 square feet instead of 1044 square feet as per agreement. Since she got less area she took appropriate steps before the Consumer Forum.2. In the meantime, the Assessor Collector (South), opposite party no.2 herein, assessed the annual valuation of the said flat to the tune of Rs.47,660/-. The petitioner ...
Ashok Kumar Singh Vs. West Bengal Board of Secondary EducatioIn and or ...
Court: Kolkata
Decided on: Feb-25-2011
1. The petitioner herein was appointed as an Assistant Teacher in Shree Balkrishna Vithalnath Vidyalaya. The appointment of the petitioner as Assistant Teacher in the said school was approved by the concerned District Inspector of School on 29th October, 1986, with effect from 21st January, 1986. Subsequently, the petitioner was appointed as Teacher-in-Charge of the said school on temporary basis by the then Administrator of the said school vide his letter dated 2nd April, 2008. He remained the Teacher-in-Charge of the said school till 17th November, 2008. The charge of the Assistant Teacher of the said school was taken over from him by the newly appointed Teacher-in-Charge on 17th November, 2008. Thereafter the petitioner started working as an Assistant Teacher of the said school with effect from 18th November, 2008. 2. Subsequently the petitioner was placed under suspension with effect from 18th December, 2008 pending disposal of the disciplinary proceeding against him. In fact, a ch...
Asok Kumar Roy Vs. State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Feb-25-2011
1. In the writ petition, the petitioner, a learned advocate, who was appointed as Receiver in Title Suit no.121 of 1962, regarding some properties which include the plots of land in question, has challenged the acquisition proceeding under L.A. Case No. L.A.4/14 of 2000- 2001, notices under section 4(1), section 6 and under sub-sections (3) and (4) of section 9 read with section 11 of the Land Acquisition Act, 1894, primarily on the ground that the plots were acquired without taking leave of the Civil Court where the suit is pending and no 2 notice of acquisition was served on him. Learned senior advocate for the petitioner has relied on the order dated 21 st August, 2010 passed in the title suit by the learned Civil Judge (Senior Division), nd Court at Alipore wherein it has been observed that There is nothing on record to suggest that the Government of West Bengal took leave of the Court to initiate proceeding for acquisition of any land which is part of the suit property. 2. Mr. Roy...
Rabindra Nath Bera Vs. the State of West Bengal and anr.
Court: Kolkata Appellate
Decided on: Feb-25-2011
1) The challenge in this revision application is to the order dated 31.1.2008 passed by the learned Special Judge, Tamluk, Purba Midnapur in T.R. no. 02 of 2003 arising out of Nanda Kumar Police Station case no. 85 of 2002 dated 21.8.2002 whereby rejecting the application of the petitioner for discharging him from the case.2) One Kalipada Adak (hereinafter referred to as Opposite party no. 2) being Vice-Chairman of the Chak Simulia Co-operative Agricultural Credit Society Limited lodged one FIR with Nanda Kumar Police Station alleging therein that while the petitioner Rabindra Nath Bera was acting as the Secretary of the Society, mis-appropriated a sum of Rs. 91,028/-, in all of the society and manipulated the receipt book. On the basis of the said FIR, investigation was done by Nanda Kumar Police Station and a charge-sheet being no. 27 of 2003 dated 17.4.2003 was filed against the petitioner Rabindra Nath Bera under Section 403/409/420/468 and 477 of the Indian Penal Code. The learned...
Radha Ballov Ghosh Vs. Bipul Ghosh and Others
Court: Kolkata Appellate
Decided on: Feb-25-2011
1. FACTSChandana Ghosh was the daughter of Radhaballav Ghosh, the petitioner above named. Chandana got married with Bipul Ghosh son of Krishnagopal Ghosh @ Buddhadeb Ghosh. The marriage was a negotiated one. As per the demand, Radhaballav gave Rs. 45,000/-, 6 Bhoris gold and other gifts as dowry. The in-laws however, were not satisfied. They used to torture Chandana. They raised further demand and threatened Chandana with dire consequence that in case of failure to meet the demand she would be killed. Radhaballav neither did lodge any complaint with the Police nor take legal steps against the in-laws. Fact remains, Chandana lived her marital life for 5 years during her lifetime. On 29th Sravan, corresponding to August 2004 Chandana went to her parental home and complained to Radhaballav that Krishnagopal the father-in-law, Sabitri mother-in-law, Prasanta brother-inlaw, Sumitra Sister-in-law (wife of Prasanta) inflicted physical torture upon her. She could manage to flee from her marita...
Golap Kanti Chattopadhyay Vs. the State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Feb-25-2011
1. This writ petition has been filed assailing the judgment and order dated 30 th July, 2008 passed by the West Bengal Land Reforms & Tenancy Tribunal in the case being O.A. No. 2 of 2006 whereby and whereunder the said learned Tribunal finally disposed of the application filed by the petitioner herein on merits. 2. The facts available from the records are briefly summarised hereinafter. 3. The entire land in question of Mouza: Paschim Tajpur J.L. No. 13, Mouza: Banamalipur, J.L. No. 15 and Mouza: Aushbali, J.L. No. 9 under P.S. Chanditala in the district of Hooghly were recorded during R.S. operation in the names of Debata Charan Chattopadhyay and Hari Charan Chattopadhyay, sons of Late Purna Charan Chattopadhyay in equal 8 annas share each. Said Hari Charan Chattopadhyay out of his 8 annas share transferred more or less 10.11 acres of land to his elder son Parimal Kanti Chattopadhyay, respondent No. 6 herein and also transferred 10.32 acres of land to his younger son namely, the peti...
Asha Singh Vs. the State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Feb-24-2011
1. Both these cases involve identical question of fact and law and as such are disposed of by this common judgment and order.2. Saswati Samaddar was a Commercial Clerk posted at Kolkata Railway Station. On February 25, 2010, she joined in the said post, after getting employment in the Railway. On April 30, 2010, she was on duty in Counter No. 4 in the Booking Office. One of her friends came to meet her. She was required to go to R.G. Kar Hospital. There was not many crowd at the Counter. Saswati took leave from the booking Counter and went out of the railway station along with her friend. They moved towards Gajnavi Bridge when her friend boarded an auto-rickshaw and went away. It was about half past five, Saswati noticed that a girl got down from a taxi and was proceeding to the bridge in nervous condition. The girl was wearing skimpy dress which attracted Saswatis attention. The girl did not have slippers on and her hair was unfastened. She was found to be terror stricken having her b...
Aurio Pharma Laboratories Private Limited and Others. Vs. Prem Pathak ...
Court: Kolkata
Decided on: Feb-24-2011
1. The plaintiffs claim to be entitled to an order of injunction not only in respect of the infringement of their registered label by the defendants, but also in the defendants passing off their product as that of the plaintiffs.2. The plaintiffs are the manufacturers of a medicinal compound marketed under the name Gassanol meant for the treatment of duodenal and gastric ulcers and relieving gastric pain. The plaintiffs maintain that their product under such name has been in the market from 1972 and have relied on documents dating back to 1997 and 1983 in support of their contention that the product has been sold for a considerable period. The plaintiffs have relied on their publicity and sales figures relating to the product from or about the year 2000.3. The plaintiffs label is registered in class 5 and the certificate is dated December 1, 1982 in respect of an application made on September 20, 1978. There is no dispute that the plaintiff company is at present the owner of the regist...
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