Kolkata Court March 2011 Judgments
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Krishna Behari Tea Co. Ltd. Vs. General Fibre Dealers Pvt. Ltd.
Court: Kolkata
Decided on: Mar-31-2011
1. The Special Officer visited the tea estate in terms of my order dated 14th March, 2011. He has duly filed a report, which is taken on record. I gave an opportunity to the parties to take exception to the report. No exception has been taken. According to such report, the green leaves sold between 3rd April 2009 and 31st December 2009 was 21,84,773 Kgs. Some of the tea were sold by the respondent to the petitioner. But most of it were not, according to the case of the petitioner. 2. The claim of the petitioner is a little over Rs.1 crore. Two clauses in the agreement are very crucial for grant of an interim order in this application. The first is the negative covenant restraining the respondent from selling the green tea leaves to any other party except the petitioner unless and until their dues were satisfied. Secondly, there is a provision of a lien that the petitioner can exercise over the tea crop until repayment of its dues. Although, it was very strenuously argued by Mr. Chowdhu...
Krishnapur Jadhunath Madhab Chandra High School. Vs. the State of West ...
Court: Kolkata Appellate
Decided on: Mar-31-2011
1. The legality and/or validity of the decision of the West Bengal Board of Secondary Education which was taken by the committee constituted under Section 24 of the West Bengal Board of Secondary Education Act, 1963 in its meeting held on 14th July, 2009 on the issue regarding grant of approval to initiate disciplinary proceeding (2nd stage) against the charged employee namely the respondent no. 3 herein, is under challenge in this writ petition at the instance of the school authority. The said decision of the Board was communicated to the Secretary of the Managing Committee of Krishnapur Jadhunath Madhab Chandra High School by the Deputy Secretary Administration of the Board by his letter under Memo No. 24/124/C dated 26th August, 2009, being annexure P-6 to this writ petition at page 73. 2. Let me now consider as to how far the Board was justified in taking the aforesaid decision in the facts of the instant case. 3. Earlier a disciplinary proceeding was initiated by the Managing Comm...
Sunil Biswas at Amar. Vs. State of West Bengal
Court: Kolkata Appellate
Decided on: Mar-31-2011
1. The present revisional application has been filed praying for quashing of the entire proceeding including charge sheet filed in connection with Karimpur Police Station Case No. 77 of 2007 dated 23.10.2007 corresponding to G. R. Case No. 531 of 2007 now pending before the Court of learned Additional Chief Judicial Magistrate, Tehatta, Nadia. 2. The petitioner contends that on the basis of a written complaint dated 23.10.2007 the aforesaid case was started on the allegation made by Gour Kishor Roy, the de facto complainant, alleging inter alia, that his daughter Yogmaya Biswas (Roy), aged about 38 years was given marriage to Ashis Biswas on 18th Falgun 1412 BS. But immediately after the marriage she was subjected to mental and physical torture. On 22.01.2007 at about 9:30 PM the de facto complainant came to know that the accused persons murdered his daughter and some unknown persons left the body of the deceased at Karimpur Hospital. On receipt of such complaint by the Police Station ...
Srei Equipment Finance Pvt. Ltd. Vs. M.K. Matean and anr.
Court: Kolkata
Decided on: Mar-31-2011
1. Further to my order dated 3rd March, 2011 the Receiver has filed his report in Court. It appears from such report that sale of the equipment was published once in the Business Standard, Hyderabad on 16th March, 2011 and once on the same date in Andra Jyoti, a Telegu Newspaper. No offer was received. 2. The Receiver held two meetings on 14th March and 25th March, 2011. The respondents were represented but no offer was brought by them. In the circumstances, the learned Counsel for the petitioner asks me to confirm the offer, which was available with the Receiver on 3rd March, 2011 and recorded by me in my order of that date. The offer was by one M.A. Khan for Rs.18,60,786/-. 3. Learned Counsel for the respondents submits that another chance be given to his client to bring an offer. It is submitted on behalf of the petitioners that no further chance should be given as the agreement is of 2007 and that the subject matter is fast depreciating. I note that I had made an order on 1st Febru...
Oscar Goods Private Limited. Vs. Amit Barter Privae Limited and ors.
Court: Kolkata
Decided on: Mar-31-2011
1. A meeting of the Shareholders of AMIT BARTER PRIVATE LIMITED (hereinafter referred to as the Transferee Company) shall be convened and held at 7C, Kiran Shankar Roy Road, Ground Floor, Calcutta-700001 on the 14th day of April, 2011 at 2.00 p.m. for the purpose of considering and if thought fit approving with or without modification, the proposed Scheme of Amalgamation of OSCAR GOODS PRIVATE PRIVATE LIMITED and RUKMANI COMMODITIES PRIVATE LIMITED (hereinafter collectively referred to as the Transferor Companies) with AMIT BARTER PRIVATE LIMITED, the Transfree Company. 2. A meeting of the Shareholders of OSCAR GOODS PRIVATE LIMITED shall be convened and held at 7C, Kiran Shankar Roy Road, Ground Floor, Calcutta-700001 on the 14th day of April, 2011 at 2.15 p.m. for the purpose of considering and if thought fit approving with or without modification, the Scheme of Amalgamation. A meeting of the Shareholders of RUKMANI COMMODITIES PRIVATE LIMITED shall be convened and held at 7C, Kiran ...
The Hon'Ble Chief Justice Hon'Ble High Court, Calcutta and Ors. vs. An ...
Court: Kolkata
Decided on: Mar-31-2011
1. It appears in terms of the order of this Court dated 17.3.2011 report has been filed by the Learned Registrar General and the Registrar, Original Side of this Court. It appears from the report that requirement mentioned in the order dated 17.3.2011 could not be fulfilled. Mr. Ghosh, Learned Counsel appearing for the appellants submits that relevant attendance registers are not made available to the officers of this Court without permission of the Honble Chief Justice. Hence comprehensive report including the actual length of services rendered in each month by the Badli Workers could not be submitted. He prays for some more time, he, however, is unable to tell us within which time it would be possible to supply the information on getting hold of the registers. 2. This matter was adjourned from time to time to get report as desired. Since, it is a case of recruitment of the Group-D staff of the High Court in administrative side, this Court cannot wait for a long time. Hence without re...
Nobir MiA. Vs. State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Mar-31-2011
1. In the instant application under Section 401 read with Section 482 Cr.P.C the judgement and order dated 22.12.2009 passed by the learned Additional Sessions Judge, Fast Track Court-I, Dinhata, Cooch Behar in Sessions Trial No. 2(v) of 2009 and Sessions Case No. 93 of 2009 arising out of Dinhata P. S. Case No. 65/08 dated 25.02.2008 under Section 498A/306 of the Indian Penal Code has been assailed. By the judgement and order the learned trial Judge acquitted the accused opposite party of all charges. Being aggrieved by and dissatisfied with such findings the de facto complainant has preferred this application contending inter alia, that the findings of the learned Trial Judge is perverse in as much as he has failed to appreciate the evidence adduced by the prosecution to prove the allegation of abatement by the relatives to commit suicide on demand of dowry followed by subsequent torture. It is contended that there are sufficient evidene on record to show that the victim was ill-trea...
The Estate of Sree Sree Radha Kishan Jew. Vs. the Commissioner of Inco ...
Court: Kolkata
Decided on: Mar-31-2011
1. This appeal under Section 260A of the Income-tax Act, 1961 is at the instance of an assessee and is directed against an order dated 12th November, 2003 passed by the Income-tax Appellate Tribunal, SMC Bench, Kolkata, in ITA No.83/K/03 for the assessment year 1997-98 by which the Tribunal affirmed the order of the Commissioner of Income-tax (Appeals) of holding that remuneration payable to Shebaits which is fixed by the founder of the Deed of Settlement does not amount to annual charge on the property and thus, no deduction under Section 24 of the Act is permissible. 2. Being dissatisfied, the assesses has come up with the present appeal. The facts giving rise to filing of this appeal may be summed up thus. a) By a Will executed on July 26, 1921 one Sri Kali Das Paul, since deceased, created a Trust dedicating the properties mentioned in Schedule-Ga of the said Will in favour of Sree Sree Iswar Radhakishan Jew which is a regular assessee under the Act. b) For the assessment year 1997...
Chowdhury Masiar Rahaman. Vs. State of West Bengal and anr.
Court: Kolkata Appellate
Decided on: Mar-31-2011
1. The present revisional application is filed for quashing the entire proceeding in CGR Case no. 4213 of 2008 arising out of Ekbalpore P.S. Case No. 559 dated 28.11.2008 under Section 338 of the Indian Penal Code including order dated 05.05.2010 passed therein, which is now pending before the Court of the learned Chief Judicial Magistrate, Alipore. 2. The petitioner contends that his minor daughter aged about seven years was a student of Vidya Bharati (Mominpur). She was mercilessly beaten up by her Yoga Teacher Anita Das on 27.11.2008 on flimsy ground while her head got struck with a pillar and as a result she sustained cerebral haemorrhage. Though some symptom of her physical distress was manifested, she was forced to continue with the lesson till she became lost her sense. Then at a belated stage she was moved to CMRI hospital under deep coma where she died on 28.11.2008. He lodged a complaint to this effect to the Ekbalpore Police Station disclosing a cognizable offence but the Of...
St. Teresa’s School Vs. the District Consumer Redressal Forum and or ...
Court: Kolkata Appellate
Decided on: Mar-31-2011
1. In spite of service none appears on behalf of the respondent nos. 2, 3 and 4 at the time when the application is taken up for hearing. The respondent no.1 is represented by its lawyer. 2. St. Teresas School, Bolpur, in the District of Birbum is a co-education English medium school. The said school has about 1,000 students upto Class IX. The schools prayer for grant of affiliation for allowing its students to appear in the Boards Examination under ICSE Board, New Delhi is pending for considering before the I.C.S.E Board, New Delhi. 3. The Government of West Bengal implemented the Fifth Pay Commission in 2009. One of the conditions which is required to be fulfilled by the school authority for granting no objection by the State Government in connection with its prayer for affiliation is that the school authority must undertake to pay the salary to its teaching and non-teaching staff as per the pay scale of the teaching and non-teaching staff of the Government school and/or the Governme...
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