Kolkata Court February 2011 Judgments
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Sri Ashok Saha Vs. Smt. Mira Shaw
Court: Kolkata Appellate
Decided on: Feb-22-2011
1. The petitioner is the defendant (hereafter the defendant) in a suit for ejectment and mesne profit instituted by the opposite party (hereafter the plaintiff). Reasonable requirement is one of several grounds taken by the plaintiff for securing eviction of the defendant. He is contesting the suit by duly filing his written statement of defence.2. While the suit was progressing, three separate tenants allegedly vacated possession of three shop rooms in favour of the plaintiff in the suit premises and she has since been running business therefrom. The defendant intended to incorporate such fact in his written statement and, accordingly, filed an application under Order VI Rule 17 of the Code of Civil Procedure (hereafter the Code) for amendment of his written statement.3. At the same time, the defendant filed an application under Order XXXIX Rule 7 of the Code. The points for local inspection as indicated in such application read as follows :1. To note how many rooms in the suit buildi...
Sambhunath Ghosh and ors. Vs. Maniklal Gander and ors.
Court: Kolkata Appellate
Decided on: Feb-22-2011
1. Challenge is to the order no.10 dated February 17, 2006 passed by the learned Additional District Judge, Sixth Court, Howrah in Title Suit No.103 of 1995 thereby rejecting an application under Order 1 Rule 10(2) of the C.P.C. The plaintiff/opposite party herein instituted a suit being Title Suit No.103 of 1995 for a decree of declaration that the plaintiff has a right as sebait in respect of the suit property as per terms of the Arpannama dated May 5, 1972 and for permanent injunction restraining the defendants from invading upon and interfering with the rights and possession of the plaintiff in respect of the suit property. In that suit, Smt. Chhaya Rani Ghosh was the defendant no.6 and she is the mother of the plaintiff, Joydeb Ghosh. Subsequently, Chhaya Rani Ghosh died and the plaintiff did not take any steps for substitution. Long time thereafter, the heirs of Chhaya Rani Ghosh filed an application under Order 1 Rule 10(2) of the C.P.C. for adding as parties in the suit. That a...
Chunaram Mahato Vs. the State of West Bengal and anr.
Court: Kolkata Appellate
Decided on: Feb-22-2011
1. This revisional application has been filed by Chunaram Mahato challenging the judgement of acquittal of the opposite party no. 2,3,and 4 from the charges under Sections 376/315/420 of IPC in Sessions case no. 128 of 2004, passed by learned Additional Sessions Judge, Fast Track Court no. 3, Purulia.2. Chunaram Mahato lodged one petition of complaint before the learned Chief Judicial Magistrate, Purulia alleging therein that his daughter Gurubali Mahato, aged about 16 years, was raped by opposite party no. 2 Kalipada Mahato without her consent. However, Gurubali disclosed the incident to her parents after the alleged commission of rape on her. Chunaram Mahato along with two villagers went to the house of Kalipada who admitted the alleged incident of rape committed by him on Gurubali in presence of those two villagers and his brother Padak Mahato. The inmates of Kalipada assured Chunaram that Kalipada would marry Gurubali afterword. Thereafter, Kalipada and Gurubali started mixing free...
M/S. Indian Iron and Steel Company Limited. Vs. State of West Bengal a ...
Court: Kolkata Appellate
Decided on: Feb-22-2011
1. An industrial dispute between M/s. Indian Iron & Steel Company Limited, Burnpur Works (hereafter the company) and their workmen represented by ABK Metal & Engineering Workers Union, Purnahat (hereafter the respondent no.3) was referred to the 9th Industrial Tribunal at Durgapur for adjudication. The Tribunal was required to decide the following issue:Whether retrenchment of Sarbashree Narayan Chandra Jhariat, Balaram Hela, Jaharwarilal Bauri, Lakshmi Kumar Karmakar and Sridhar Tantubay by Indian Iron & Steel Co. Ltd. Burnpur Works, Burnpur by way of nonrenewal of contract with M/s. Kaycee Industries is justified?To what relief, if any, are these workmen entitled?2. The Tribunal after hearing the parties passed an award dated 11th December, 2000. It was ordered as follows:The reference case u/s. 10 is allowed on contest. An award be passed to the effect that the order of retrenchment of Sarbashree Narayan Chandra Jhariat, Balaram Hela, Jaharwarilal Bauri, Lakshmi Kumar Ka...
Sri Gurupada Mandal Vs. State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Feb-22-2011
1. The petitioner was an Assistant Teacher in Pichhabani Primary School (hereafter the said school) under Contai-II Circle, within the jurisdiction of the Purba Medinipur District Primary School Council (hereafter the said Council). He is aggrieved because the Chairman of the said Council by order contained in Memo dated August 13, 2003 has dismissed him from service for the following reasons :a) That he has failed to submit the original Mark Sheet and certificate in Spite of offering several scope to submit.b) That it is seen from the original service book he has passed school final Examination in the year 1965 but from the Mark Sheet of Bihar Secondary Examination Board, Patna it is Seen that he has passed Madhyamik Examination in the year 1975.c) That in spite of sending several letters for attending the office he could not present himself before the chairman of the them (sic then) Midnapur District Primary School Council. He has disobeyed the order of the chairman.2. The petitioner...
Paban Kumar Maji and ors. Vs. State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Feb-22-2011
1. The petitioners are alleging that though they are entitled to compensation from the licensee that used their lands for placing electric lines for transmission of electricity, the respondents have not determined the amount of compensation and paid the compensation. 2. Mr Basu, counsel for the sixth respondent that is liable to pay compensation in terms of the provisions of ss.10 and 16 of the Indian Telegraph Act, 1885, submits that the amount of compensation will be determined by the Power Grid Corporation within the time specified by this Court. 3. In view of the above-noted situation, I dispose of the petition ordering as follows. 4. Compensation, if any, payable to the petitioners shall be determined by the Power Grid Corporation in terms of the provisions of ss.10 and 16 of the Indian Telegraph Act, 1885 within eight weeks from the date of communication of this order. 5. If it is found that the petitioners are entitled to compensation, then payment shall be offered within a week...
Rabi Das and anr. Vs. Calcutta Electric Supply Corporation Limited and ...
Court: Kolkata Appellate
Decided on: Feb-22-2011
1. The petitioners in this art.226 petition dated April 21, 2010 are seeking a mandamus commanding CESC to supply them electricity on the basis of an application dated July 26, 2001 submitted by one Joydeb Das, since deceased, under provisions of the Indian Electricity Act, 1910 and the then conditions of supply. 2. By letters dated January 30, 2002 and March 15, 2002 CESC informed Joydeb that once the conditions mentioned in the letters were fulfilled it would be in a position to examine the question of giving him supply. Joydeb did not do anything. It is understood that for objection of the fourth respondent supply could not be given. 3. It has not been stated when Joydeb (the first petitioners father and the second petitioners husband) died; and nothing has been stated why no step was taken in terms of the letters of CESC written to Joydeb in 2002. All of a sudden in April 2010 this petition was filed, though there was no visible cause of action. The Indian Electricity Act, 1910 was...
Barma Bhowmick and Others Vs. Union of India Through the Secretary, Mi ...
Court: Armed forces Tribunal AFT Regional Bench Kolkata
Decided on: Feb-22-2011
LT Gen K P D Samanta, Member (Administrative): 1. The petitioner, Barma Bhowmick is the wodow of late Havildar Bikash Kumar Bhowmick, who was enrolled in the Army (ASC) on 16-7-1977 and died on 10th October 2000 while in service. He died of Chronic Renal Failure and Septicaemia while admitted in Eastern Command Hospital (CHEC, Kolkata). Raja Bhowmick, the second petitioner, is the son of the deceased Havildar Bikash Kumar Bhowmick. The present transfer application has arisen from WP No. 12404 (W)/2008 filed at Calcutta High Court. 2. The petitioner, subsequent to the death of her husband Havildar Bikash Kumar Bhowmick, received her entitled pension related benefits in March, 2002 including Special Family Pension as admissible to her, since her husband died in service on account of disease which was considered attributable/ aggravated due to military service (Annexure P-2 of the petition). She sought for enrolment in the Army for her son Raja Bhowmick (co-applicant), but unfortunately, ...
New Globe Transport Corporation Vs. Magma Shrachi Finance Limited
Court: Kolkata
Decided on: Feb-21-2011
1. The petitioner New Globe Transport Company moved this petition under Section 34 of Arbitration and Conciliation Act 1996, challenging the award dated 5th August, 2008 passed by the learned arbitrator. 2. Petitioners case is that they were in transportation business and was in need of finance for purchasing a Tata Truck. They approached the representative of the respondent, Magma Shrachi Finance Limited, a company under Companies Act, 1956. The respondents representative offered to finance a sum of Rs.11 lakhs to be repaid in 46 installments at the rate of Rs.29,810 except for first amounting to Rs.10,000 commencing from 1st February, 2007 and expiring on 1st December, 2010. The petitioner agreed to the terms and conditions of the respondent company and entered into a hire purchase agreement with them upon signing the documents and papers. The petitioner was also called upon to have said agreement signed by a person known to him who would stand as a guarantor for advancing of the sai...
Jahangir Alam Vs. the State of West Bengal and ors
Court: Kolkata Appellate
Decided on: Feb-21-2011
The death reference Case No. 3 of 2009 and the Criminal Appeals being C.R.A. No. 553 of 2009 and C.R.A. No. 569 of 2009, all are arising out of a common judgement and order passed by the Learned Additional Sessions Judge, Fast Track, 2nd Court, Malda, whereby the Learned Judge convicted the said two appellants, viz., Anarul Hoque and Jahangir Alam under Sections 302/34 of the Indian Penal Code, they were sentenced thereunder to death and to pay a fine of Rs. 50,000/- each in default to suffer rigorous imprisonment for 4 months. They were also convicted under Sections 376 (2)(g)/511/34 of the Indian Penal Code and sentenced to suffer half of the imprisonment for life and also under Sections 201/34 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for 7 years and to pay a fine of Rs. 2,000/- each and in default to suffer imprisonment for 15 days.While the Trial Court referred the matter to this Court for confirmation of sentence of death passed against the aforesaid ...
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