Kolkata Court September 2012 Judgments
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The Deputy Conservator of Forests Vs. Smt. Parvati Upadhyay
Court: Kolkata
Decided on: Sep-20-2012
Jayanta Kumar Biswas, J. The appellant in this MAT dated August 8, 2012 under cl.15 of the Letters Patent is aggrieved by an order of a Judge of this Court dated July 5, 2012 disposing of his WP No.474 of 2012 under art.226. The appellant filed the WP questioning an award of the Labour Court, A and N Islands, Port Blair dated January 31, 2012 in an ID Case No.4 of 2009. The ID Case had been registered by the Labour Court on receipt of an order of reference dated July 16, 2009 made by the A and N Administration under s.10 of the Industrial Disputes Act, 1947. The schedule to the order of reference is quoted below:- “Whether the action on the part of the Deputy Conservator of Forest, Wild Life Division, Port Blair imposing upon penalty of compulsory retirement to Smti Parvathy Uapadhyay, Workmen is legal and justified. If not, what relief the workman concerned is entitled to?” By a charge-sheet dated March 11, 2004 the Deputy Conservator of Forests, Wildlife Division-I of the...
State of West Bengal and Others Vs. Eskay Engineering Concern.
Court: Kolkata
Decided on: Sep-19-2012
Prasenjit Mandal, J. Challenge is to the Order No.28 dated June 8, 2009, Order No.29 dated July 9, 2009, Order No.30 dated July 24, 2009 and the decree passed by the learned Civil Judge (Senior Division), 2nd Court, Barasat in Misc. Case No.34 of 2004. An arbitral award is the subject-matter of dispute. At present, we are concerned with the arbitral award dated October 31, 2004 filed by the sole Arbitrator Sri Pravir Bose, retired Secretary of I and W. Dte. After filling the said award before the learned Judge under the provisions of Arbitration Act, 1940, the learned Judge issued notice upon the opposite party of the Misc. Case No.34 of 2004. Thereafter, the opposite party of the Misc. Case filed a written objection to the said proceeding being Misc. Case No.34 of 2004. The award was accepted on contests by the learned Trial Judge and accordingly, the decree was passed. Now, the question is whether the impugned orders should be sustained. Having heard the learned Counsel for the parti...
Chinmoy Bhowmick Vs. Bapi Chowdhury
Court: Kolkata
Decided on: Sep-18-2012
Prasenjit Mandal, J. This application is at the instance of the plaintiff and is directed against the Order dated February 7, 2012 passed by the learned Additional District Judge, 5th Court, Alipore in Misc. Appeal No.460 of 2011 arising out of Order No.7 dated September 21, 2011 passed by the learned Civil Judge (Junior Division), 3rd Court, Alipore in Title Suit No.12954 of 2011. The plaintiff/petitioner herein instituted a suit being Title Suit No.12954 of 2011 for declaration and injunction against the opposite party before the learned Civil Judge (Junior Division), 3rd Court, Alipore. The relief as sought for is to the following effect: (i) That the plaintiff is a lawful tenant of the garage in suit as described in the schedule to the plaint at a rental of Rs.800/- per month payable according to English calendar month; (ii) That permanent injunction restraining the defendant, his men and agents from creating any obstruction and interference with the peaceful enjoyment of the garag...
Soumen Ghosh and Others Vs. the State of West Bengal and Others
Court: Kolkata
Decided on: Sep-18-2012
Nishita Mhatre, J. 1. These petitions have been heard together as they challenge the same judgement and order of the West Bengal Administrative Tribunal passed on 22nd July 2009. By the impugned order the Tribunal has allowed Original Application No. 1001 of 2008 while dismissing Original Application No. 4523 of 2008. W.P.S.T. 611 of 2010 has been preferred against the order passed in Original Application No. 4523 of 2008 and W.P.S.T. No. 612 of 2010 has been filed challenging the order in Original Application No. 1001 of 2008. These petitions have been filed by two persons who claim that they were prevented from appearing for the examination held in December 2007 for recruitment to the post of Lower Division Clerk in the Regional Offices under the Directorate of Agriculture. The Petitioners in both these petitions will hereafter be referred to as the Petitioners. W.P.S.T. No. 698 of 2009 has been preferred by the State of West Bengal and its officers, challenging the same order of the...
Pran Gopal Das Vs. the Chief Engineer, Apwd and Another
Court: Kolkata
Decided on: Sep-18-2012
Harish Tandon, J. These two writ petitions are taken up together as the questions involved therein are interconnected. Shorn of unnecessary details, the facts which decipher from the respective pleadings are that the writ petitioner was initially enlisted as Class-V(Civil) Contractor in the year 2000. He was thereafter upgraded to Class- IV(Civil) Contractor in the year 2003 and subsequently was further upgraded to Class-III Contractor w.e.f. 04.4.2007 for a period of five years. A criminal case was initiated against the petitioner in the Court of Special Judge, A and N Islands, Port Blair being Special Case No.08 of 2010 alleging commission of offence under Section 120B and 420 of the Indian Penal Code. The petitioner was served with a show-cause notice dated 08.3.2012 by the Finance Officer to Chief Engineer, APWD, Port Blair on the alleged commission of offence to explain as to why he should not be blacklisted. Challenging the show-cause notice on the plea that the authority who iss...
Jagadish Bose National Science Talent Search Vs. Rabindra Nath Naskar
Court: Kolkata
Decided on: Sep-18-2012
Prasenjit Mandal, J. This application is at the instance of the defendant and is directed against the Order dated April 5, 2010 passed by the learned Additional Civil Judge (Junior Division), 3rd Court, Alipore in Title Suit No.439 of 2004 thereby allowing an application for amendment of the plaint. The plaintiff / opposite party herein instituted a suit being Title Suit No.439 of 2004 for declaration, injunction and other reliefs against the defendant / petitioner herein before the learned Civil Judge (Junior Division), 1st Court, Alipore. The defendant is contesting the said suit denying the allegations made in the plaint. Issues had been framed and thereafter, the suit was fixed for peremptory hearing. At that stage, the plaintiff filed an application for amendment of the plaint and that application was allowed on contests without costs by the impugned order. Being aggrieved, this application has been preferred. Now, the question is whether the impugned order should be sustained. Up...
Zaki Ahmed Vs. the Lieutenant Governor and Others
Court: Kolkata
Decided on: Sep-18-2012
Harish Tandon, J. This writ petition has been taken out by the petitioner challenging the order No.1402 dated 11th May, 2001 passed by the respondent No.5 whereby and whereunder the private respondent was promoted to the post of Assistant Engineer(Electrical). This case has a chequered history. The parties have approached this Court and were subjected to several round of litigation. It is undisputed that the petitioner was appointed as Junior Engineer under the Municipal Council, Port Blair on temporary and ad hoc basis. Subsequently, the petitioner was promoted as Assistant Engineer (EandM) on ad hoc basis initially for a period of six months which was extended from time to time. The said appointment was subsequently regularized as per Order No.674 dated 18.02.2004. The private respondent was also ad hoc appointee and appointed w.e.f. 04th December, 1992. Subsequently, the authorities promoted certain candidates by excluding the candidature of the private respondent which constrained ...
Shanta Singh Sidhu (Deceased)through Heirs Vs. Gurudwara Dr. Diwan Sin ...
Court: Kolkata
Decided on: Sep-14-2012
Jayanta Kumar Biswas, J. Shanta, the sole defendant in an OS No.14 of 1998 dismissed on contest by the Civil Judge (Senior Division), South Andaman District at Port Blair, was the appellant in this SAT. He died during pendency of the SAT and his heirs were substituted for him pursuant to an order dated September 19, 2011. The SAT is against a decree of the Additional District Judge, A and N Islands, Port Blair. The decree was passed in an OA No.3 of 2010 filed by Gurudwara and Hargovind, the respondents in the SAT, who had filed the OS praying, inter alia, for a decree for Shanta’s eviction from the suit property. The Additional District Judge reversed the decision of the Civil Judge (Senior Division) and passed the decree granting the reliefs sought in the OS. The second issue framed in the OS was the following:- “ 2. Is the suit barred by the principles of res judicata in view of decree passed by the Court of Sub Judge, South Andaman, Port Blair in O.S.1 of 1994 brought b...
Ayub Ansari Vs. State of West Bengal
Court: Kolkata
Decided on: Sep-14-2012
Raghunath Bhattacharya, J. 1. This appeal is directed against the order of conviction passed by Sri D. Pal, Additional Sessions Judge, Fast Track, 4th Court, Malda in Sessions Case No. 157 of 2005 thereby furnishing the accused Ayub Ansari under Section 376 I.P.C. and sentencing to suffer R.I. for seven years and to pay fine of Rs. 3,000/- I.D. to S.I for six months. 2. Shortly put the petitioner’s case is that in the evening of 09.04.2004 when Munni Khatun, daughter of the defacto complainant aged about 15 years was in the house. Accused Ayub Ansari came there and informed Munni that her father was calling. Accused then took her to a ‘Shashan’ near Dakbungalow and the point of dragger committed rape upon her. The defacto complainant, father of Munni made a search for her and at about 11 P.M. in the night on reaching this spot he found that his daughter is lying in the verandah of the temple of the ‘shashan’ and was feeling ill. Munni narrated everything t...
Gloster Ltd. and Another Vs. Fort Gloster Industries Ltd. and Another
Court: Kolkata
Decided on: Sep-13-2012
Ashim Kumar Banerjee, J. BACK DROP: Fort Gloster Industries Ltd. (hereinafter referred to as the ‘Fort Gloster’) had two divisions; cable division and jute division. The company, although a public limited company, had scattered shareholding amongst the members of the public as well as financial institutions. Bangur family, a family of industrialists in the State, held the controlling block of shares. In 1992 the Board of Directors decided, for proper expansion and development, the cable division and jute division should have independent entities. They proposed a scheme of demerger. Accordingly, Fort Gloster retained the cable division and transferred the jute division to a new company named as Gloster Ltd. (hereinafter referred to as ‘Gloster’). The jute division had two mills, North mill and New mill. Prior to its demerger in the year 1988 Fort Gloster entered into an agreement with Hooghly Mills Ltd. (hereinafter referred to as Hooghly), the owner of a neighbo...
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