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M/S. United India Insurance Co. Ltd. Vs. B. Hemawati and ors.

Court : Kolkata

Reported in : 2001ACJ749,(2000)2CALLT449(HC)

s.k. sen, j. 1. this appeal is directed against the award passed by the accident claims tribunal (district judge), port blair arising out of an application under section 166(a) of the motor vehicles act, 1988 as amended in 1994, filed by the respondents being the heirs and legal representatives of the victim, directing the appellant, insurance co. and the respondent no.3 to pay jointly and severally the compensation of rs. 2,47.000/-only.2. the facts inter alia involved in this appeal are that on 29.6.1996 at about 14-10 hrs. the victim was travelling on the body of the truck bearing regn. no. an o1/a-4501 belonging to and driven by o.p. no. 1 s. venkatoswar rao from phoenix bay apwd godown to haddo wharf via pelanlpur after unloading the cement bags at the godown. the driver of the truck turned the truck rashly and negligently in increased speed towards the right in order to go to haddo side at the traffic junction at delanlpur as a result of which the victim who was sitting on the left side of the body of the truck, fell down on the road and he sustained fatal injuries. other three mazdoors and s. narayan shouted and the driver stopped the vehicle after proceeding to some distance. s. narayan and other three mazdoors got down from the truck and found that the victim was not able to get up. the victim thereafter was shifted to g.b. pant hospital by taxi bearing no. an-1988 by the said mazdoors. on examination the doctor declared the victim dead. s. narayan went to aberdeen .....

Soumya Datta and anr. Vs. State Bank of India and ors.

Court : Kolkata

..... as long as the charge makes out a possible case of unlawful conduct, the court will refrain from short-circuiting the process at the initial stage and allow it to run the full cours.by leaving both the employer and the perceived delinquent to place the facts and go over the events and deduce therefrom as to whether .....

Niranjan Lal Todi Vs. Nandlal Todi and Others

Court : Kolkata

..... it follows, a fortiori, that a challenge or objection which is yet undecided by the arbitral tribunal cannot, ordinarily, be carried to court to short-circuit the reference. .....

Surgadass Vs. Wahidunnessa and ors.

Court : Kolkata

Reported in : (1880)ILR5Cal39

garth, c.j.1. we think that there is no ground for this appeal, and that the court below has come to a just conclusion. the first and main point raised by the appellant is, that there is no sufficient evidence to make mir haider ali, the ancestor of the defendants, liable upon the bond in question. now the first witness called by the plaintiff was a mookhtar in the employ of mir hadi hossein, the uncle of mir haider, who lived close by him, and was in the habit of transacting his business, and borrowing money for him by means of bonds. this witness says, that he received from mir haider's karpurdaz, ali akbar, a blank paper signed and sealed by mir haider, and stamped with a bond stamp sufficient to cover rs. 16,000; and that, by the instructions of mir hadi hossein, he drew up the bond in question upon this paper for rs. 16,000, having no doubts of the correctness of the transaction. it then appears clear from the evidence, that rs. 16,000 was duly paid by the plaintiffs to ali akbar, mir haider's karpurdaz, upon the faith and security of this bond. it is now argued by the appellants, that there is no sufficient evidence that mir haider did really seal and sign the stamped paper. but the first witness had drawn up several deeds previously, which were sealed and signed by mir haider. he speaks positively to the genuineness of the seal and signature upon this particular bond, and not a question is put to him upon this point on cross-examination. moreover, it is proved that the .....

Hardeoram Xalxo Vs. the State

Court : Kolkata

Reported in : (1998)1CALLT494(HC)

s. b. sinha, j.1. this appeal arises out of a judgment dated 20.6.1997 passed by the learned sessions judge, andaman and nlcobar islands, port blair jn sessions case no. 26 of 1995, whereby and whereunder the said learned sessions judge convicted the appellant for commission of offence under section 302 of the 1pc and sentenced him to undergo rigorous imprisonment for life.2. shortly stated, the prosecution case is as follows :--the appellant is the nephew of husband of the first informant. the deceased was her husband. the first informant, the deceased and family were residing in the corbyn's cove quarry village. the appellant was also a resident of corbyn's cove and his place of work was at ross island. allegedly he used to demand money from the husband of pw.i [sukmonl toppo) very often. on 15.1.1995 at about 5pm when their grandson manoj had gone out for playing, the appellant came there and demanded money from the deceased. but he was refused and advised him to do work properly to maintain his livelihood. they began conversation in their matter and at about 7 p.m. the deceased sought for night meals from the first informant, which was served. while the deceased was taking his meal, conversations between him and the appellant were going on and in course thereof, the appellant threatened the victim to kill him, whereupon p.w. 1 tried to dissuade him. she tried to come near the accused and advanced towards him but the appellant quickly picked up the axe which was kept by .....

Union of India and ors. Vs. T. Malleswar Rao and ors.

Court : Kolkata

Reported in : (1998)2CALLT121(HC)

v.k. gupta, j. 1. this appeal is directed against the judgment of the learned single judge dated 2g-6-1997 whereby a mandamus has been issued against the appellants directing them to give the respondents the benefit of regular pay-scale as safalwallas (members of the conservancy stafl) and to absorb them into the permanent service of the appellants within a period of six months from the date of communication of this order. a further direction has been issued by the learned single judge in the judgment under appeal to the effect that if the establishment, where the respondents would be permanently absorbed as a consequence of the judgment of the learned single judge is ultimately wound up, the respondents would be absorbed elsewhere in other department under the union of india with the benefit of continuous service.2. the respondents 1 to 12 before us in this appeal have, admittedly been working for varying periods as safalwallas with the appellants in the brlchgunj cantonment area which is an establishment under the ministry of defence and caters to the requirements of the army units stationed there. the respondents approached this court by filling two separate writ applications claiming the relief of regular absorption into the service of the appellants as also the payment of the regular pay-scales at par with the scales received by safalwallas similarly situated in other department of the government and other safaiwallas working in the ministry of defence itself on regular .....

Abdul Jalil Vs. the State

Court : Kolkata

Reported in : (2001)1CALLT177(HC)

p.k. sen, j.1. this appeal is at the instance of the convict (hereinafter referred as the appellant) and is directed against judgment and order of conviction dated 12.4.2000 passed by the learned sessions judge, andman & nicobar islands at port blair.2. the facts leading to the prosecution of the appellant are that, the husband of the information (janki amma) i.e. the informant/prosecutrix, used to work in the andaman labour board and about 9-30 p.m. on 18.7.96, the said husband of the informant went out of his residence to join his night duty. soon thereafter the informant along with her four children went to sleep. subsequently, at about 11-30 p.m. someone knocked front door of her house and on hearing the same pw-1, janki amma switched on the electric tight and asked as to who was at the door whereupon one surya who happens to be her neighbour, told that some person has come to their house and requested to give him shelter as police was chasing that person. on such requet made by surya, pw-1 opened her door and the said person who was unknown to her entered inside the room of pw-1 when pw-1 asked him as to why he had come there when her husband was away from the residence. the said person put off the electric light which the victim immediately put on and at that time the said person pulled off her saree and blouse and again put off the light. pw-1 tried to call the neighbouring house by raising alarm, but she was overpowered and as such none came to her rescue. the said .....