Kolkata Court June 2011 Judgments
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Paban Kumar DuttA. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-21-2011
1. Two writ petitions were filed by different writ petitioners challenging a common selection process initiated by the school authority of Porachingra G.A. Vidyapith (H.S.) in the District of Purba Medinipur for filling up one vacancy in the post of Librarian in the said school. One of such writ petitions being W.P. No. 19279(W) of 2009 was filed by the Panchayat nominee, who was a member of the Selection Committee. The other writ petition being W.P. No. 5430(W) of 2010 was filed by an unsuccessful candidate. Since both the writ petitions were filed concerning a common selection process, this Court feels that both the writ petitions should be heard analogously and should be decided by a common order so that possibility of conflict of decisions may be avoided. Accordingly, both the writ petitions were heard analogously. 2. Let me now give the brief history of the case for which the petitioners of the respective writ petitions had to file the aforesaid writ petitions. 3. As a matter of f...
Asim Kumar Chattaraj and anr. Vs. Sankar Prasad Chattaraj and ors.
Court: Kolkata
Decided on: Jun-20-2011
1. Smt. Rajlaxmi Devi before her death had executed a will. She had bequeath all her immovable properties in favour of the two petitioners, her close relatives. One Sri Nirmal Kumar Chattaraj was appointed as executor. The will was duly registered. The executor died on December 15, 1986 before he could apply for grant of probate. The petitioners being the beneficiaries of the said will applied for grant of letters of administration, giving rise to Misc. Case No. 87/2001 which is pending consideration before the learned Civil Judge, Lalbagh, Murshidabad. In the said Misc. Case, the petitioners impleaded the opposite parties 1 and 2 as well as opposite parties 4 and 5 as respondents. After service of process, they have entered appearance but have not filed their respective objections to the application for grant of letters of administration. 2. On or about February 17, 2003, the opposite party no.3 filed an application for addition of party under Order I Rule 10(2) of the Civil Procedure...
Palas Kumar Mondal Vs. the West Bengal Central School Service Commissi ...
Court: Kolkata
Decided on: Jun-20-2011
1. The petitioner filed this writ petition complaining that though he was a trained candidate, but still then preference has not been given to him over the untrained candidates. 2. Accordingly, he filed this writ petition challenging the said action of the selection authority. At the time when this application is taken up for hearing, Mr. Chakraborty, learned advocate appearing for the School Service Commission submits that the provision relating to grant of preference to the trained candidates over the untrained candidates which was introduced in the West Bengal School Service Commission (Selection of Persons for Appointment to the Post of Teachers) Rules, 2007, has subsequently been amended by omitting the said provision from the said amended Rules. 3. As such, Mr. Chakraborty submits that the petitioner cannot claim any preference over the untrained candidates under the amended Rules. Mr. Chakraborty further informs this Court that the petitioner obtained 63.5 marks in the 11th RLST...
Smt. Monorama Singh and anr. Vs. Bijay Bahadur Singh and ors.
Court: Kolkata
Decided on: Jun-20-2011
ORDER:1. The originating summons is at the instance of a mother and daughter duo, asserting their rights as trustees and shebaits under a deed of settlement of January 18, 1956. 2. The defendants are not represented and despite the defendants initially carrying an application challenging the authority of this Court to receive the matter since the deity was housed at New Road in Alipore outside the jurisdiction, the defendants have not appeared to urge the ground of jurisdiction or otherwise oppose the matter. 3. One Thakur Mahadeo Sing was the owner of premises no. 10 and 12, New Road, Alipore that measured slightly over nine bighas. The deity, Ram Janki, was installed at the premises during his lifetime and Mahadeo Sing executed a document on January 18, 1956 settling the immovable properties referred to therein in favour of the trust and appointing his two wives as trustees for performance of the daily and periodical worship of the deity. The document permits the trustees and their f...
Assam State Weaving and Manufacturing Co. Ltd. Vs. Vinny Engineering E ...
Court: Kolkata
Decided on: Jun-20-2011
ORDER:1. Not much need be said on the facts. A previous judgment relating to the same matter was rendered on December 2, 2009 and is reported at 2010 (1) CHN 363. 2. The question that arises is as to whether an arbitral award can be implemented as a deemed decree if the award-debtor has chosen not to pay the fees of the arbitral tribunal and obtained delivery of the award. The view expressed in the judgment rendered on the previous execution application was that since the implementability of an award hinged on two pre-conditions, both had to be met before the award-holder could seek enforcement thereof. 3. The two conditions are that the award must be delivered to the award-debtor; and, the period envisaged under Section 34 of the Arbitration and Conciliation Act, 1996 must have elapsed from the date of delivery of the award to the award-debtor or a challenge to the award must have been repelled. The question of challenging an arbitral award under Section 34 of the 1996 Act arises only...
Radharani Chatterjee Vs. Biman Krishna Bose and ors.
Court: Kolkata
Decided on: Jun-20-2011
ORDER:1. The petitioner and her son and daughter, being the opposite parties 2 and 3 respectively herein, are judgment debtors. They are contesting Title Execution Case No.110 of 2002, instituted by the opposite party no.1. It is for execution of a compromise decree dated November 25, 1991 passed in Title Suit No.846 of 1991 instituted by the mother of the opposite party no.1 for eviction of the tenant/defendant in the suit, being the predecessor-in-interest of the judgment debtors. 2. In connection with the execution case, the opposite party no.1 had instituted Misc. Case No.923 of 2006, seeking police help for execution of the decree. The petitioner and the opposite parties 2 and 3 were contesting the said misc. case by filing a written objection and duly cross-examining the witnesses on behalf of the decree holder. The executing Court had fixed January 15, 2011 for evidence to be adduced by the petitioner and the opposite parties 2 and 3. On that date, the grandson of the petitioner...
Smt. Lily Bhattacharya and ors. Vs. Gopal Ghosh and ors.
Court: Kolkata
Decided on: Jun-20-2011
1. This revisional application under Article 227 of the Constitution of India is directed against order no. 17 dated March 31, 2005 passed by the learned District Judge, Howrah in L.O.A. Case No. 20 of 2000 (hereafter the said case). By the said order, the learned Judge was pleased to allow an application under Order I Rule 10, Civil Procedure Code (hereafter the Code) read with Section 151 thereof (hereafter the said application) filed by the opposite parties 1 to 4 herein and thereby directed their impleadment as additional opposite parties in the said case. 2. It appears from the impugned order that one Tulsibala Debi (since deceased) (hereafter the testatrix) was the owner of holding no.13, Bhairab Ghatak Lane within P.S. Malipanchghora in the district of Howrah (hereafter the said property); that she had executed a will on March 23, 1982, duly registered, bequeathing the said property jointly in favour of Smt. Nirmala Bhattacharya (hereafter Nirmala) and Sri Balaram Bhattacharya (...
Hindusthan Engineering and Industries Ltd. Vs. Union of India and ors.
Court: Kolkata
Decided on: Jun-20-2011
ORDER: 1. This is a Section 9 application. It is moved ex parte today on inter alia the apprehension that the respondent railways, upon notice of this application would accept an offer from the risk and cost tenders invited by them. 2. According to the terms of the tender such tender is stated to be accepted on 21st June, 2011. As of now, the equity in favour of the petitioner is that the alleged letter of termination of the subject contract is dated 1st June, 2011. Unfortunately, this letter has not been appended to the petition. Leave is granted to the petitioner to bring on record this document by filing a supplementary affidavit in course of 21st June, 2011. Now, the risk and cost tender notice is dated 20th May, 2011. In that notice offers were invited for supply of diverse items of 8½ diamond Xing (Crossing) with different specifications as described in the notice. 3. These items are part of the total items forming the subject matter of the contract between the partie...
Gms Marine Co. Ltd. Vs. M.V. VinashIn Sky
Court: Kolkata
Decided on: Jun-17-2011
1. The Court: Advocates-on-record for the defendant, Vinashin Ocean Shipping Company Limited undertakes to waive service of the writ of summons. 2. Accordingly, service of writ of summons is waived upon the said defendant’s undertaking to enter appearance in the instant suit on behalf of the aforementioned defendant. 3. As security has been furnished in Korean Wons on 19th May, 2011 for release of M.V. Hoa Sen, the security be also treated as security in the instant suit. Accordingly, the orders dated 16th September, 2010 and 19th October, 2010 are vacated and the order of injunction passed in respect of M.V. Cai Lan-4 stands vacated. 4. This order is passed in view of the submission made by counsel for Vinashin Ocean Shipping Company Limited that the application for objection filed in proceeding relating to prejudgment attachment of vessel bearing No. 2011 Kadan 1350 pending before the Learned Pyongtaek Branch Court, Suwon District Court shall not be pressed. In view of the orde...
Rika Global Impex Limited Vs. the Owners and Parties Interested in the ...
Court: Kolkata
Decided on: Jun-16-2011
ORDER:1. In a suit for a maritime claim which has arisen under a charter party agreement this application has been filed for interim relief. 2. The case of the petitioner is that it was to supply maize to one Dera Commercial, a Jordanian company which is one of the group companies of the owners of the vessel M. V. Sur. Within two days of receipt of the bill of lading the payment was to be made by the buyer and the seller within a day thereafter was to make the freight payment. 3. As the price of the contracted goods dropped in the international market, on some pretext or the other the loading was delayed. A joint inspection was held and thereafter a part of the goods was loaded in Calcutta and a part is to be loaded in Vizag Port. On 14th June, 2011 for additional cost of loading a debit note was issued to the owners of the vessel M. V. Sur by the petitioner. The said debit note has been accepted and no objection has been raised therewith. By an electronic mail dated 14th June, 2011 th...
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