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Kolkata Court June 2011 Judgments

Jun 29 2011

Raghunath Bag Vs. the State of West Bengal

Court: Kolkata

Decided on: Jun-29-2011

1. In Sessions Trial No. 7(8)/03 arising out of Sessions Case No. 6(4)/02, the appellant/accused along with three others came to be tried on a charge of having committed murder of his wife Sandhya Rani Bag in between night of 21/22 November, 2005 in his house at village Shyampur within the jurisdiction of police station Joypur, District Bankura with a ‘sanda’. 2. The learned Additional District and Sessions Judge, Fast Track Court, Bishnupur, Bankura, by his judgment and order dated 30th July, 2005 found the appellant guilty of having committed offence punishable under Section 302 IPC and acquitted the co-accused of the said charge. The appellant was convicted and sentenced to suffer imprisonment for life and fine of Rs. 10,000/-, in default, to suffer RI for 2 years which is the subject matter of challenge in this appeal. 3. In nutshell, it is the prosecution’s case that the appellant-accused Raghunath Bag of village Shyampur was married to Sandhya Rani Bag, the daug...

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Jun 29 2011

Qamrul Hoda Vs. Md. Wakil Khan and ors.

Court: Kolkata

Decided on: Jun-29-2011

1. This revisional application is directed against an order dated 31.8.2009 passed by the Civil Judge (Senior Division), 1st Court, Howrah in Title Suit no. 53 of 2003 heard analogously with Title Suit no. 179 of 2002 by which an application for amendment of the written statement for incorporating the counter-claim was rejected. 2. The opposite parties instituted two suits; one being T.S No. 179 of 2002, against the petitioner and the Municipal Authorities, praying for declaration that they are the absolute owners and occupiers of the suit premises and the petitioner being the defendant no. 1 therein has no manner of right, title and interest in the schedule property and the notice dated 6.8.2002 issued by the Howrah Municipal Corporation Authorities are manufactured and collusive and a decree for permanent injunction restraining the petitioner from creating any disturbances and the other defendants therein from giving any effect to the said notice dated 6.8.2002, the other being T.S n...

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Jun 29 2011

Rajesh Kumar Mishra and ors. Vs. Union of India and ors.

Court: Kolkata

Decided on: Jun-29-2011

1. In 1998, Eastern Railway published an employment notice, inter alia, inviting application for the post of nine hundred eighty two Gangman. The petitioners applied for the said post. After scrutiny, the Railways invited them to participate in the recruitment process. The petitioners were successful in such process and got themselves enlisted in a list of two thousand two hundred fifty three candidates out of nine thousand who appeared for the Physical Endurance Test (hereinafter referred to as PET). 2. The Railways received complaints with regard to irregularity. The allegations were investigated into. Ultimately, the Railways cancelled the said list that gave rise to litigation. The petitioners along with others approached the Central Administrative Tribunal, Calcutta Bench, challenging the order of cancellation dated March 30, 2001. Vide order dated August 11, 2004, the Tribunal directed the Railways to complete the process of recruitment as expeditiously as possible. By the judgme...

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Jun 29 2011

The State of West Bengal. Vs. H.V.Low and Company Private Limited.

Court: Kolkata

Decided on: Jun-29-2011

1. This is an appeal against the award dated September 18, 1971 made and published by the learned Arbitrator, appointed by the government under Section 19 of the Defence of India Act, 1939, in Arbitration Miscellaneous Case no. 2 of 1950, determining the compensation in respect of properties, which were acquired by the government under Rule 75A of Defence of India Rules. 2. The properties acquired consist of C.S. plot Nos. 815, 816, 817, 825, 826, 827, 828, 829, 830, 831, 833 and portion of plot Nos. 813, 887 and 840 of Mouza Jogacha, J.L. No. 6, Police Station Jagacha, District Howrah as well as C.S. plot Nos. 914, 915, 916, 917, 918 and 919 of Mouza Santragachi, J.L. No. 4, Police Station Jagacha, District Howrah. 3. The claimant/respondent has, also, preferred a Cross-objection being C.O.T. No. 7 of 2008. 4. To avoid conflicting judicial opinions and by consent of the parties the appeal and the cross-objection were heard analogously. 5.  Initially, the said properties were requ...

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Jun 28 2011

Snehanshu Sekhar Bhattacharjee Vs. the State of West Bengal and ors

Court: Kolkata

Decided on: Jun-28-2011

1. The petitioner has assailed the order passed by the Chairman, district Primary School Council, Burdwan vide memo no. 4600 dated 5.12.2005 by which an application for appointment on compassionate ground filed by the petitioner was rejected. 2. This case has a chequered history. The father of the petitioner died in harness on 10.6.1989 leaving behind him surviving the widow and the three minor sons including the petitioner and an unmarried daughter. The mother of the petitioner applied on 9.4.1990 before the Secretary, ad hoc Committee, District School Board to consider the candidature of the petitioner to be appointed on compassionate ground. Amidst pendency of the said application further application was taken out making the identical and similar prayer by the mother of the petitioner. Lastly, the petitioner in the month of August 1992 filed an application for consideration of his candidature for appointment to the post of assistant teacher on compassionate ground. None of the afore...

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Jun 28 2011

indrajit Saha Alias Babu Saha Vs. the State of West Bengal

Court: Kolkata

Decided on: Jun-28-2011

1) This revision application has been filed by Indrajit Saha @ Babu Saha challenging the legality, validity and propriety of the judgement and order dated 19.5.2004 passed by the learned Additional Sessions Judge, 2nd Court, Nadia at Krishnagar in Criminal Appeal no. 5 of 2003 thereby affirming the judgement and conviction of the petitioner for committing an offence under Sections 376/511 of the IPC passed by the learned Assistant Sessions Judge, 2nd Court, Nadia in Sessions case no. 21(6) of 2000/ Sessions Trial No. V(II) of 2000 and sentencing him to suffer R.I. for 5 years and to pay a fine of Rs. 10,000/-. 2) This revision application was disposed of on 14.1.2011 by this Court in absence of the parties and their learned Counsels. The same was recalled by an order dated 11.2.2011 on the grounds that the Administrative notice sent to the petitioner was served after delivery of the judgement by this Court. 3) The brief fact of the case before the learned Trial Court is that Jayanti Bi...

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Jun 28 2011

Lakshmi Narayan Bhar and anr. Vs State of West Bengal and ors.

Court: Kolkata

Decided on: Jun-28-2011

1. This writ petition is filed challenging an action on the part of the respondent authorities in discriminating the petitioner with the other similar circumstanced person in not giving appointment to the post of a primary teacher even after securing the higher marks. 2. Brief facts of this writ petition is that the petitioner’s candidature was sponsored by the concerned employment exchange to the District Primary School Council, Hooghly for consideration for appointment to the post of assistant teacher. Pursuant to such sponsorship the petitioners were called to submit their testimonials and were found eligible for an interview. It would be noteworthy that the names of the petitioners were sponsored under OBC category by the concerned employment exchange. The petitioner contends that after the interview the panel was prepared by the District Primary School Council, Hooghly incorporating the names of the successful candidates in different categories and also showing the highest a...

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Jun 28 2011

Ratna Joardar Vs. State of West Bengal and ors.

Court: Kolkata

Decided on: Jun-28-2011

1. The petitioner has impugned an order vide memo no. 1354(3) dated 6.11.2003/7.11.2003 passed by the Chairman, Howrah District Primary School Council whereby and whereunder the representation of the petitioner was rejected. 2. Before proceeding to decide the matter it would be pertinent to record that in spite of service no affidavit in opposition is filed by the state respondent. However, an affidavit in opposition is filed by the respondent no. 5, the head teacher of the B.F. Siding Adarsha Primary School, Howrah and the respondent no. 4, Howrah District Primary School Council. The respondent no. 5 has supported the cause of the petitioner in his affidavit in opposition. 3. The backdrop of the case is that the petitioner was appointed as the assistant teacher in B.F. Siding Adarsha Primary School by the Selection Committee constituted by the Managing Committee of the said school. It is her further case that the school authorities informed the District Inspector of School on 4.5.1979...

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Jun 28 2011

Sri Priyalal Nath, Vs. Smt. Shefali Poddar.

Court: Kolkata

Decided on: Jun-28-2011

1. The hearing stems from an application under Article 227 of the Constitution of India filed by the defendant / petitioner praying for revision of the order dated 19.02.2008, 21.04.2009 and 08.09.2009 passed by Smt. Madhuchhanda Bose, Civil Judge (Senior Division), 5th Court at Alipore in T.S. No. 44 of 2007. 2. Plaintiff Smt. Shefali Poddar filed a suit for eviction under West Bengal Premises Tenancy Ac. The petitioner / defendant filed an application under Section 17(2) of W.B.P.T. Act inter alia denying the relationship of landlord and tenant between the parties. Learned Court below vide her order dated 19.02.2008 dispose of the said application under Section 17(2) of the W.B.P.T. Act holding that petitioner was a defaulter in payment of rent. The learned Court below has not decided the question of relationship of landlord and tenant between the parties to the litigacy. 3. Opposite party / landlord filed an application under Section 17(3) of the Act and said petition was disposed o...

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Jun 28 2011

Kalikar Mahata and ors. Vs. Dibakar Kundu and ors.

Court: Kolkata

Decided on: Jun-28-2011

1. The hearing stems from an application under Article 227 of the Constitution of India filed by the defendant No. 1 – 6 / petitioner praying for revision of the order dated 09.02.2009 passed by learned A.D.J., 4th Court at Midnapor, District – Midnapore (West) in Misc. Appeal No. 109 of 2007 reversing the order No. 14 dated 14.09.2007 passed by learned Civil Judge (Junior Division) at Jhargram in T.S. No. 8 of 2007. 2. Plaintiff / Opposite party No. 1 – 7 initiated Title Suit No. 8 of 2007 before the learned Civil Judge (Junior Division) at Jhargram against the opposite party No. 8 and 9 inter alia praying for declaration of their right, title and interest in respect of “Ka” schedule suit property and also for injunction restraining the defendants / petitioners from disturbing the peaceful possession and enjoyment of the opposite party No. 1 – 7 in respect of “Ka” schedule property. Learned Civil Judge (Junior Division) granted an ex-par...

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