Kolkata Court April 2011 Judgments
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Shishupal Roy Vs. Union of India, Service Through the Secretary and Ot ...
Court: Armed forces Tribunal AFT Regional Bench Kolkata
Decided on: Apr-12-2011
SadhanKumar Gupta, MEMBER (Judicial) 1. Initially, the applicant filed the writ petition before the Honble High Court at Calcutta praying for grant of medical disablement pension and other reliefs. Subsequently, the said writ petition was transferred to this Tribunal in view of the provisions of Armed Forces Tribunal Act, 2007. 2. In brief, the case of the applicant is that he was enrolled in the Indian Army as a Sepoy on 29.1.1998. He was posted in the State of Jammu and Kashmir. During his tenure of service, on 8.2.2003, the applicant became sick and was admitted in 92 Base Hospital at Srinagar, as he was suffering from Moderate Depressive Episode (IMB). He was discharged from the Base Hospital on 4.3.2003 and was sent back to his residence. Subsequently, the respondent No. 6 by the notice dated 8.9.2003 informed the applicant that a sum of Rs. 23,568/- would be remitted in favour of the applicant as post-discharge claim. The said amount was received by the applicant. The discharge c...
Rajina Bibi @ Kajal and anr. Vs. Respondent.
Court: Kolkata Appellate
Decided on: Apr-08-2011
1. This is an application under Sections 397(1)/401/482 of the Code of Criminal Procedure against the order dated 12.10.2010 passed by the learned Additional Chief Judicial Magistrate, Haldia, refusing thereby the release of the petitioners on their P.R. Bond in G.R. Case No. 958 of 2010 arising out of Mahishadal Police Station Case No. 218 of 2010 dated 10.9.2010 under Sections 363/365/366A/372/373/120B of the Indian Penal Code and Sections 3/4/5/6/7/9 of the Immoral Traffic (Prevention) Act. 2. Heard the learned Counsel appearing for the parties. The learned Counsel appearing for the petitioners submits that the other girls have already been released on their P.R. Bond vide order dated 3.11.2010 and 24.1.2011 passed by the Honble Court in two different revision applications. 3. The learned Counsel for the petitioners has drawn my attention to the copy of the order sheet annexed with this application wherefrom it is found that the statements of these petitioners have already been reco...
M/S. Cox and Kings (India) Pvt. Ltd, Kolkata Vs. Tarun Kumar Bose (T. ...
Court: West Bengal State Consumer Disputes Redressal Commission SCDRC Kolkata
Decided on: Apr-08-2011
S. COARI, MEMBER, J. The present appeal has been directed against the judgment and order dated 10.11.2009 passed by the Ld. District Forum, Unit I, Kolkata in CDF/Unit-I/Case No. 195/2007 wherein the Ld. District Forum allowed the petition of complaint on contest against the O.P. No. 1 and ex-parte against O.P. No. 2 thereby directing the O.P. No. 2 to pay Rs.1,040/- to the Complainant together with compensation to the tune of Rs.10,000/- and litigation cost of Rs.1,000/-. The Complainants case before the Ld. District Forum in brief was that the son and grandson of the Complainant reside at Geneva and at times they come to India and visit Kolkata from Geneva via Mumbai. According to the Complainants case the Complainant booked to and fro two air tickets from Mumbai to Kolkata in the name of his son and grandson so as to facilitate them to visit Kolkata and move away to Geneva via Mumbai availing flights. On the scheduled day and time the son and grandson duly arrived at Mumbai. ...
SayaraddIn @ Chhayaraddi MollA. Vs. Respondent.
Court: Kolkata Appellate
Decided on: Apr-07-2011
This application under Article 401 read with Section 482 of the Code of Criminal Procedure is taken out by Sayaraddin @ Chhayaraddi Molla challenging the legality, validity and propriety of the order dated 05-02-10 passed by the Ld. Sessions Judge at Alipore in Criminal Motion No. 52 of 2010 whereby the prayer of the petitioner for condo nation of delay in filing of the criminal motion under section 5 of the Limitation Act was rejected. The opposite party, Jamila Bibi filed an application under Section 125 of the Code of Criminal Procedure for maintenance for herself and her minor son in the court of the Ld. Chief Judicial Magistrate, 1st Court, 24 Parganas(S), Alipore which was registered as Misc. Case 403/04. In that proceeding, Jamila Bibi filed an application for interim maintenance. The Ld. Magistrate, 1st Court at Alipore upon hearing both the parties rejected the prayer for interim maintenance on 18-04-07 on the ground that the status of Jamila Bibi and her son was under challe...
Sri Kashinath Kundu. Vs. Sri Debashis Bhattacharjee.
Court: Kolkata Appellate
Decided on: Apr-07-2011
1. By an order dated January 11, 2011 the Division Bench of this Court rejected the petitioners application for contempt alleging violation of an order passed by a Division Bench on June 28, 2005. The only ground for dismissing the said application was that the same was filed beyond the period of limitation as prescribed under S. 20 of the Contempt of Courts Act. That order gave rise to the filing the present application for review and a tedious argument thereafter. In the application for review it was alleged that one Ashutosh Kundu, since deceased, was the father of the petitioner and had onefourth share of land in a certain Mouza and three-fourth share of land as licensee. 2. The Revenue Officer, Block Land & Land Reforms Officer, Minakha Block, by a notice dated March 8, 1995 initiated a proceeding under S. 14 T (3) of the West Bengal Land Reforms Act for determination of the ceiling area. The late Ashutosh Kundu filed a writ petition before this Court inter alia against the said p...
Sri Nathji Bhandar and anr. Vs. State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Apr-07-2011
1. The famous temple of Lord Srinathji is at Nathdwara in the State of Rajasthan. There is also another temple of Lord Srinathji at Kolkata. The Nathdwara Temple Board, constituted under the Nathdwara Temple Act, 1959, runs the administration of Srinathji Temple at Nathdwara. Sriathji Temple at Kolkata is managed by Srinathji Bhandar, namely, the appellant no. 1 herein. The workmen represented by Srinathji Bhandar Employees Union raised a demand for enhancement of the salary and ultimately, the dispute raised by the said Union was referred by the Government of West Bengal to the 8 th Industrial Tribunal by the Order of Reference dated 24 th May, 2000 for adjudication of the following issues: 1. Whether the demand for increase in salary of the workmen is justified. 2. What relief, if any, are the workmen entitled to? 2. The learned Judge of the Tribunal adjudicated the aforesaid issues and passed an award on 7 th August, 2002 upon holding that the demand for increase in salary of the ...
Kuresha Khatun and ors. Vs. MoinuddIn Ansari (Dead) and ors.
Court: Kolkata Appellate
Decided on: Apr-06-2011
1. This application is at the instance of the defendants/judgment debtors and is directed against the order no.55 dated July 7, 2007 passed by the learned Civil Judge (Junior Division), Second Court, Howrah in Misc. Case No.25 of 2002 arising out of the Title Suit No.116 of 2000 thereby rejecting application under Section 5 of the Limitation Act. 2. The plaintiff/opposite party herein instituted a suit being T.S. No.,116 of 2000 before the learned Civil Judge (Junior Division), Howrah for eviction against the predecessor-in-interest of the petitioners. In that suit, the opposite party got an ex parte decree. On getting an information by search on June 6, 2002, the petitioners got knowledge of the ex parte decree passed against them. Thereafter, they contacted their advocate and then an application under Order 9 Rule 13 of the C.P.C. was filed on June 14, 2002.At that time, the mistake was detected by the computer department that the application was barred by limitation. Thereafter, the...
Gopal Chandra Das. Vs. Malighati Dr. B.R. Ambedkar Society for Advance ...
Court: Kolkata Appellate
Decided on: Apr-06-2011
1. This application is at the instance of the defendant and is directed against the order dated May 28, 2008 passed by the learned Additional District Judge, Fourth Court, Paschim Medinipur in Misc. Appeal No.57 of 2007 arising out of Title Suit No.117 of 2007. 2. The short fact is that the plaintiff/opposite party, a society instituted the said suit against the defendant/petitioner praying for a decree of declaration that the notice issued by the defendant on May 25, 2007 is illegal and that the defendant has no right to issue such a notice as he does not hold any office bearer of the society and that the society has every right to run the society smoothly, permanent injunction and other reliefs. 3. At the time of filing of the suit, the society prayed for temporary injunction. A notice was issued upon the opposite party and thereafter by an order dated June 8, 2007, the learned Trial Judge dismissed the application for temporary injunction. Being aggrieved by that order, the plaintif...
Sudhangshu Sekhar Maity. Vs. Santi Gopal Jana and ors.
Court: Kolkata Appellate
Decided on: Apr-05-2011
1. This application is at the instance of the defendant and is directed against the order no.20 dated March 26, 2009 passed by the learned Civil Judge (Senior Division), Kakdwip in Title Suit No.65 of 2008. 2. The plaintiffs/opposite parties herein instituted a suit being Title Suit No.65 of 2008 against the petitioner and the other opposite party nos.3 & 4 before the learned Civil Judge (Senior Division), Kakdwip for declaration of title, permanent injunction and other reliefs. The petitioner is contesting the said suit by filing a written statement denying all the material allegations as made in the plaint. At the time of filing of the suit, the plaintiffs prayed for temporary injunction. Upon hearing both the sides, the learned Trial Judge directed both the parties to maintain status quo in respect of the tank in suit. 3. Thereafter, the plaintiffs contended that in spite of that order, the defendants, in violation of the said order of injunction, caught hold of 30 k.gs. of fish fro...
M/S. Sunraj Software Pvt. Ltd. Vs. State of West Bengal and anr.
Court: Kolkata Appellate
Decided on: Apr-05-2011
1. The challenge in this revisional application is to the order dated 28th March, 2006 passed by the learned Additional Chief Metropolitan Magistrate, Calcutta in case No. C-483/03 whereby the learned Magistrate decided to continue the prosecution against the petitioner, M/s. Sunraj Software Pvt. Ltd., and directed the complainant-opposite party for taking steps in the matter of prosecuting the Director of Createch Solution Ltd., who issued the cheque in question. 2. The opposite party, M/s. Adan Traders Pvt. Ltd., initiated a prosecution under Section 138 of the Negotiable Instruments Act, (hereinafter referred to as the said Act), against M/s. Sunraj Software Pvt. Ltd., petitioner herein, alleging that the petitioner company issued a cheque of Rs.7,00,000/- on 21.01.2003 in favour of the opposite party company in discharge of debt/liability, which was dishonoured for Payment stopped by the drawer. A legal demand notice dated 21.4.2003 was sent by the opposite party calling upon the p...
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