Kolkata Court October 2012 Judgments
Bikash Chand Vs. Falguni Chand
Court: Kolkata
Decided on: Oct-17-2012
Dipak Saha Ray, J. The present case arises out of an application Under Section 482 of the Code of Criminal Procedure, 1973 for reversing/ setting aside and/or quashing the order dated 11.04.2011 passed by the learned Additional Sessions Judge (Redesignated), Bankura in Criminal Revision No. 63 of 2010 reversing the Judgment and order dated 28.06.2010 passed by the Learned Judicial Magistrate, 6th Court, Bankura in Misc. Case No. 45 of 2009. The relevant facts of the present case are, in a nutshell, as follows: Opposite Party No. 1 herein as petitioner filed an application Under Section 125 of the Code of Criminal Procedure against her husband for maintenance which was registered as Misc. Case No. 45 of 2009. In the said application, it has been contended that she was the legally married wife of the Opposite Party. After marriage she was subjected to torture by her husband and in-laws both mentally and physically and ultimately she was driven out from her matrimonial home; as a result, ...
Tag this Judgment!Basanti Cotton Mills Private Limited and Gopal Navinbhai Dave and Othe ...
Court: Kolkata
Decided on: Oct-17-2012
Ashim Kumar Banerjee, J Basanti Cotton Mills (1998) Private Limited was incorporated on August 12, 1998 under the provisions of the Companies Act 1956. The Directors were Gopal Navinbhai Dave, Nikhil Vasantlal Merchant and Paresh Vasantlal Merchant as per the Articles and Memorandum of Association. The last annual return and audited accounts were filed with the Registrar of Companies (hereinafter referred to as ROC), West Bengal for the financial year 2002-2003. On January 27, 2006 ROC struck off the name at the instance of the Directors named above. One Nirendranath Kar claiming to be a Director applied for restoration of the name under Section 560(6) of the Companies Act, 1956. The ROC filed affidavit-in-opposition. They asserted, the company was not functioning. They filed Annual Return up to 2003 that would also depict; the company was not carrying on any business. Hence, the Registrar rightly struck off the name from the register that would not call for any interference. The learn...
Tag this Judgment!Sarban Bhuian Vs. Coal India Limited and Others
Court: Kolkata
Decided on: Oct-17-2012
The father of the writ petitioner Late Baldeo Bhuian was an employee under the Eastern Coalfield Limited. He died on January 15, 1988 while he was still in service. At that time the petitioner was a minor and after attaining majority he made an application before the concerned authority for employment as per the National Coal Wage Agreement (for short, ‘the Agreement’). On September 3, 2008 the Senior Personnel Officer sent a letter to the petitioner and asked him to correct some documents and formalities which were done. On December 26, 2008 the petitioner appeared before the Medical Examination Board where his age was assessed as between 30 and 35 years and the respondent authority by a letter dated February 22/25, 2010 rejected the prayer of the petitioner on the ground that on the date of the death of his father his age was 11 years 6 months and 19 days and he did not come under the zone of consideration to be offered employment under the provisions of the Agreement. Th...
Tag this Judgment!Smt. Mandodori Bhakat and Others Vs. the State of West Bengal and Othe ...
Court: Kolkata
Decided on: Oct-17-2012
Pranab Kumar Chattopadhyay, J. These three appeals arise out of three writ petitions which were dismissed by a common judgment and order passed by a learned Judge of this Court. We have heard these three appeals analogously since the facts are similar and the questions of law involved therein are identical and furthermore, the said appeals arise out of a common judgment passed by the learned Single Judge. The appellants herein purchased the lands in question by executing several registered Deeds of Conveyance during the period commencing on and from 1985. From the records, we find that the lands in question were requisitioned under Section 3 of the West Bengal Land (Requisition and Acquisition) Act II of 1948 (hereinafter referred to as Act II of 1948) on 23rd September, 1975. The possession of the lands in question was handed over to Eastern Coalfields Limited on 18th June, 1976. The said lands were thereafter acquired under Section 4 (1a) of the aforesaid Act II of 1948 by publishing...
Tag this Judgment!Mithu Das Vs. the State of West Bengal and Others
Court: Kolkata
Decided on: Oct-17-2012
Sambuddha Chakrabarti, J. The subject matter of challenge in this writ petition is an order of termination of the job of the petitioner who was once appointed as an Anganwadi Worker. Integrated Child Development Scheme of the State of West Bengal issued a notification dated July 5, 2006 inviting applications for the post of Anganwadi Worker, etc. The qualification for the said post as mentioned in the said notification was Madhyamik or its equivalent examination. It was specifically laid down there in that a graduate or persons holding higher qualifications would not be eligible for the said post. The eligibility condition contained a further rider, i.e., if a candidate suppressed her qualification and was selected her candidature/ appointment would be cancelled forthwith the moment proof with regard to the same would be obtained without assigning any reason. The petitioner is a graduate. But she was eventually selected for the said post in September, 2007. On September 2, 2009 the res...
Tag this Judgment!Subrata Banerjee Vs. the State of West Bengal
Court: Kolkata
Decided on: Oct-17-2012
Dipak Saha Ray, J. The present case arises out of an application Under Section 397/401 read with Section 482 of the Code of Criminal Procedure, 1973. It is directed against the Judgment and Order dated 13.4.2011 passed by the Learned Additional District and Sessions Judge, Fast Track, 1st Court Birbhum, in Criminal Revision No. 18 of 2010 affirming the order dated 22.6.2010 passed by the learned Additional Chief Judicial Magistrate, Rampurhat, Birbhum, in Misc. Case no. 392 of 2006. The relevant facts of the present case are, in a nutshell, as follows: Opposite Party No. 2/Wife as petitioner filed an application Under Section 125 of the Code of Criminal Procedure for maintenance against her Husband/Petitioner herein. The said case was registered as Misc. Case No. 392 of 2006. In the said application for maintenance, the petitioner has alleged inter alia that she was the legally married wife of the Opposite Party. Sometimes after the marriage she was inflicted torture both mentally and ...
Tag this Judgment!Tushar Kanti Roy Vs. the Eighth Industrial Tribunal and Others
Court: Kolkata
Decided on: Oct-17-2012
The respondents nos. 2 to 4 have raised an objection about the maintainability of the present writ petition and as such the issue of maintainability is taken up as a preliminary issue. The present writ petition is directed against an Award dated November 25, 2011 passed by the learned Judge of the Eighth Industrial Tribunal in case No. VIII-25 of 2007. The case of the petitioner, inter alia, is that he was a workman under the respondent no. 2. In the year 1985 he was served with a show-cause notice and after an enquiry the petitioner was ultimately dismissed from service with effect from December 23, 1985. An appeal by the petitioner against that decision failed. In a proceeding under Section 10 of the Industrial Disputes Act before the Tribunal the petitioner denied all the charges leveled against him and challenged the order of dismissal. He prayed for back wages and consequential benefits for the period of the alleged forced unemployment. The respondent no. 2 in turn denied the alle...
Tag this Judgment!Dipak Saha and Another Vs. Suresh Pandey and Others
Court: Kolkata
Decided on: Oct-17-2012
Dipak Saha Ray, J. The present case arises out of an application Under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 for quashing the proceeding of Case No. C/3680 of 2009 Under Section 384/34 of the Indian Penal Code which is pending before the Learned Metropolitan Magistrate, 9th Court, Calcutta and also setting aside the order dated 9.6.2011 passed by the learned Metropolitan Magistrate, 9th Court, Calcutta in the said Case No. C/3680 of 2009. The relevant facts of the present case are, in a nutshell, as follows: Opposite Party No. 1 herein as complainant filed a petition of complaint before the Learned Additional Chief Metropolitan Magistrate, Calcutta praying for sending the said petition of complaint to the Officer-in-Charge Burtolla, Police Station for investigation after treating the petition of complaint as F.I.R. Under Section 156(3) of the Code of Criminal Procedure. But the Learned Additional Chief Metropolitan Magistrate without sending the peti...
Tag this Judgment!Bidyut Kumar Panja and Others Vs. the West Bengal Board of Primary Edu ...
Court: Kolkata
Decided on: Oct-17-2012
Sambuddha Chakrabarti, J. Mojammel Molla, a Lower Division Assistant (for short ‘LDA’) at the District Primary School Council, Purba Medinipore was transferred by a memo dated October 17, 2011 to the post of LDA attached to the office of the District Primary School Council, Bankura. Sri Bidyut Kumar Panja an LDA at the District Primary School Council, Purba Medinipore was likewise transferred to the same post at the of the District Primary School Council, Bankura. Challenging this order of transfer they filed two writ petitions being W. P. No. 17579(W) of 2011 and W. P. No. 17576(W) of 2011 respectively. Subsequently, the two petitioners filed a representation before the appropriate authorities, inter alia, praying for withdrawing and canceling the said transfer order and not to give effect to the impugned office memo. By an order dated December 22, 2011 the President of the West Bengal Board of Secondary Education rejected the prayer for review of the order of transfer. Ag...
Tag this Judgment!C.i.T., Centrali, Kolkata Vs. Maithan Ispat Ltd.
Court: Kolkata
Decided on: Oct-17-2012
ITAT 21 OF 201.GA 266.OF 201.ORDER SHEET IN THE HIGH COURT AT CALCUTTA Civil Appellate Jurisdiction ORIGINAL SIDE C.I.T., CENTRAL-I, KOLKATA Versus MAITHAN ISPAT LTD.BEFORE: The Hon'ble Mr.KALYAN JYOTI SENGUPTA, ACTING CHIEF JUSTICE The Hon'ble JUSTICE ASIM KUMAR MONDAL Date :17. h October, 2012. The Court : It appears that on May 13, 2012, this court admitted an appeal on identical issues as involved in this matter also. The learned Tribunal has relied on the decision rendered in the case of M/S.Maithan Alloys LTD.while passing the impugned judgment and order. We therefore admit the appeal on the same question of law as formulated by the court in the case of Maithan Alloys LTD.The said substantial questions are reproduced below: (i) Whether on the facts and circumstances of the case, the order of the learned Tribunal is perveRs.in law by holding that the nature and source of the credit was satisfactorily explained by ignoring the material facts on record and also evidence found from t...
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