Kolkata Court February 2011 Judgments
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Bhanu Prokash SrivastavA. Vs. State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Feb-11-2011
1. On 30th August, 1980 the District Inspector of School (S.E.), Howrah, sanctioned four posts of teaching staff and two posts of non-teaching staff for Sri Hanuman Jute Mills Hindi High School in the District of Howrah. Permission was also granted to the School Authority to fill up those sanctioned posts. 2. The petitioner herein was appointed as an Assistant Teacher in one of such sanctioned posts for the subject of Economics on 12th August, 1992. The petitioner has been continuously working in the said post since the time of his appointment. During the tenure of this service the petitioner improved his educational qualification. He passed B.Com Examination in 1995. Subsequently, in 1999 he acquired Master Degree in Economics. 3. The petitioner prayed for regularization of his service. Since the petitioners prayer for regularization of his service was kept pending for a long time, the petitioner earlier filed a writ petition being W.P. No. 18280(W) of 2003 praying for regularization ...
Pacific Health Care (P) Ltd. and ors Vs. State of W.B. and ors.
Court: Kolkata Appellate
Decided on: Feb-11-2011
1. The basic issues of facts and law are identical in all the above applications. So they are being dealt with by this common judgment and order. In each of the above applications, the impugned order of the Tribunal refusing to declare retrospective operation of the amendment of Section 39(3) of the West Bengal Sales Tax Act with effect from 1st September 1999, as bad and ultra vires the constitution, has been challenged. In each of the above applications, the newly set up small scale industrial unit satisfies the definition of newly set up small scale industrial unit given by Section 39 of the above Act read with explanation (i) of Rule 98 of the West Bengal Sales Tax Rules 1995. Section 39 of the above Act enacts that if a small scale industrial unit as defined by the said Act and rules thereunder is set up in a prescribed area after an appointed date, the turn over of sales of such an unit would be exempted from sales tax for 5 years. 2. Now it seems from the subsequent amendments t...
Pirbaba Gouas Pak Uras Committee and anr. Vs. the State of West Bengal ...
Court: Kolkata Appellate
Decided on: Feb-10-2011
1. The petitioners in this art.226 petition dated December 24, 2010 are seeking the following principal relief: a) A writ in the nature of Mandamus commanding the respondent Nos. 5 and 6 and/or their sub-ordinates and/or agents and all of them to immediately withdraw the impugned letter dated 10th December, 2010 wherein false statements have been made against the petitioners and the daughter of the deceased contestant in the SLP before Honble Apex Court had been empowered to perform the Uras festival in respect of Wakf properly at Kulay, Burdwan in place and stead of the petitioners, inspite of not having any locus standi on the matter.2. The letter dated December 10, 2010 is a letter written by the Chief Executive Officer of the Board of Wakf to the Sub-divisional Officer, Kalna and it is at p.42. The Chief Executive Officer wrote it in response to a memo of the Subdivisional Officer No.557/C dated September 16, 2010. 3. By the letter the Chief Executive Officer informed the Sub-divis...
Rabi Kumar Das. Vs. Sumitra Bala Dasi and ors.
Court: Kolkata Appellate
Decided on: Feb-10-2011
1. This application is at the instance of the defendant no.1(ka) and is directed against the order no.174 dated March 3, 2009 passed by the learned Judge (Junior Division), Second Court, Bolpur, District - Birbhum in Title Suit No.38 of 1989 thereby rejecting the petition dated February 19, 2009 filed by him.2. The short fact is that in an appeal arising out of the said title suit, the petitioner/appellant filed a petition under Order 41 Rule 27 of the C.P.C. in the said title appeal being Title Appeal No.17 of 1998. That application was filed for marking a certain Deed of Sale dated April 25, 1999 as exhibit. That application under Order 41 Rule 27 of the C.P.C. was rejected, but, the suit was remanded back directing the parties to adduce evidence. Thereafter, the petitioner filed the said petition dated February 19, 2009 for marking the Deed of Sale as exhibit, which was rejected by the impugned order. Being aggrieved, this application has been filed.3. The short question in the matt...
Arjia Karim Vs. the State of West Bengal and ors
Court: Kolkata Appellate
Decided on: Feb-10-2011
1. The petitioner in this art.226 petition dated January 27, 2011 is seeking the following principal relief: a) A Writ of and/or in the nature of Mandamus do issue directing the Officer-InCharge and Investigating Officer, Labpur Police Station, respondent no.3 to forthwith produce the petitioner before the Learned Judicial Magistrate to give her statement under Section 164 of the Code of Criminal Procedure in connection with Labpur PoliceStation Case No. 12 of 2010 dated 31.01.2010 under Sections 147/148/149/302 of the Indian Penal Code read with Sections 25 and 27 Arms Act; 2. The petitioner submitted a complaint in writing to the officer in charge of Labpur police station in the district Birbhum on January 31, 2010 at 11.25 a.m. that the 22 persons named therein had murdered her husband on January 30, 2010 at around 8.30 p.m. On the basis of the complaint Labpur P.S. Case No.12 of 2010 dated January 31, 2010 was registered under ss.147,148,149 and 302 of the Indian Penal Code read wi...
Sri Jatindra Chowrasia and anr. Vs. Smt. Anamika Roy and ors.
Court: Kolkata Appellate
Decided on: Feb-10-2011
1. This Court has heard the learned Advocates for the respective parties. The facts of the case, briefly, are follows: - 2. The plaintiff/respondent No.1 filed a suit for eviction and recovery of khas possession of the suit premises against the original defendant, Lalji Chowrasia. The plaintiff/respondent No.1 also prayed for mesne profits and compensation for damages. The said suit was registeredas title suit No. 66 of 1993 and was placed before the learned 4th Civil Judge (Senior Division) at Alipore, District 24 Parganas (South). The suit property happens to be a portion of the ground floor flat consisting of three bed rooms with attached three bathrooms with modern fittings, sanitary privy, one store room, one kitchen, one dining room, one covered varandah in the front portion with grill in the premises No. 128/15, Hazra Road, P.S. Bhowanipore Kolkata 700026. The plaintiff claimed to be the owner of the suit property in terms of a decree passed in title suit No. 55 of 1986 by the l...
West Bengal College Librarians’ Association and anr. Vs. State of We ...
Court: Kolkata
Decided on: Feb-07-2011
1. The Court: - The first petitioner, West Bengal College Librarian Association (WBCLA in short) is a duly registered society and the second petitioner, Arun Kumar Ghatak is the General Secretary of the said Association. 2. The petitioners initiated the writ proceedings, W. P. No. 1916 of 2005 in this Court as representatives of the librarians serving in various nongovernment colleges, which are affiliated to different Universities in the State, primarily claiming the status of the librarians of Non-Government Colleges as teachers and on that basis the same service conditions as that of the teaching staff of all such colleges in the State. 3. Before initiation of the present writ proceedings the petitioners, however, visited this Court with an earlier writ petition, W. P. No. 1569 of 2003, inter alia, claiming that the service conditions of the librarians of Non-Government Colleges in the State should be similar to the teaching staff or rather the teachers of such Non-Government Colleg...
National Insurance Company. Vs. Jharna Ghosh and ors.
Court: Kolkata Appellate
Decided on: Feb-07-2011
1. This application is directed against the judgement and order dated 20.06.2006 passed by the learned Judge, Motor Accident Claims Tribunal, 3rd Court, Burdwan in MACC No. 126 of 2005 thereby awarding compensation to the tune of Rs. 11,26,980/-.2. This short fact is that on 17.05.2004 at 05.40 PM an accident took place between the motorcycle bearing No. WB-38J / 2734 and the offending bus bearing No. WB-39/0708 due to rash and negligent driving resulting in death of one Swapan Ghosh aged 42 years. The heirs of the deceased filed a claim case before the MACC Tribunal, Burdwan and in that case by the impugned order, the learned judge allowed compensation of Rs. 11,26,980/-. Being aggrieved by the said judgement and order, the Insurance Company has preferred this revisional application.3. Mr. Avijit Gangopadhyay, learned advocate appearing for the petitioner has submitted that the award cannot be supported at all. In the instant case, the owner of the offending vehicle i.e. South Bengal ...
Descon Limited Vs. Biman Behari Sen and ors.
Court: Kolkata
Decided on: Feb-07-2011
1. This is an appeal by the company from an order of the Company Law Board. They passed it on 30th March 2010. The applicants before it, being the respondent Nos. 1, 2 and 3 here, who will hereafter be referred to as the respondents/ applicants are minority shareholders in this company called Descon Limited. They filed an application under Section 397 and 398 of the Companies Act 1956 (the Act), before the Board alleging wrongful control of the company by the majority shareholders causing loss to it and being prejudicial and oppressive to its members. Those proceedings were marked as C.P. No. 3 (Kol) of 2009. In aid of such proceedings they took out an application marked as C.A. No. 13 of 2010. In that application they sought an order of injunction restraining the company from selling their 13,36,220 shares in Dishergarh Power Supply Corporation Limited (DPSC Ltd.) and for other reliefs. The Board by its said order prima facie justified the sale of those shares. It refused injunction. ...
Smt. Namita Biswas Vs. Anil Kr. Khan and ors.
Court: Kolkata Appellate
Decided on: Feb-07-2011
1. This Review application under Order 47 of the Code of Civil Procedure is directed against the order dated August 24, 1995 passed by the Honble Chief Justice, High Court, Calcutta, in Civil Order No. 2548 of 1989 thereby dismissing an application under Article 227 of the Constitution of India arising out of Judgment and order dated May 15, 1989 passed by the learned Additional District Judge, First Court, Murshidabad in Misc. Appeal No. 68 of 1988 thereby reversing the Order No. 49 dated June 29, 1988 passed by the learned Munsif, Second Court, Berhampore in Misc. Case No. 51 of 1980.2. This short fact is that the opposite parties filed an application under section 8 of the West Bengal Land Reforms Act, 1955 for pre-emption of 0.14 acre of land in plot No. 3200 appertaining to Khatian No. 1160 of Mouza Suragapur, under P.S. Naoda against the petitioner and that the same was registered as Misc. Case No. 51 of 1980.3. It was contended that one Sitanath Sarkar, the owner of the said 0.1...
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