Court : Kolkata
Reported in : (1998)1CALLT155(HC)
B.M. Mitra, J. 1. The petitioner No.1 is a Limited Company under the provisions of the Companies Act and having a Paper Mill at Jhargram, Midnapore, West Bengal. The petitioner No. 1 had insured the respondent No.2 Insurance Company an insurance to the tune of Rs. 5.39 Crores in respect of raw materials, spares stores and finished goods lying at the Paper Mill. The Fire policy in favour of the petitioner No.1 was issued on 11.11.92 bearing Policy No. 31120/34/0/F/584/98 vide annexure 'A' appended to the writ petition. As per the case made out by the petitioners as averred in the writ petition, a disastrous fire broke out around 10.00 p.m. on 16.2.93 in the Mill premises. Inspite of immediate steps being taken to extinguish the fire, the same could be extinguished only on 22.2.93 after six days of continuous fire-fighting by the Fire Brigade and Fire Brigade report is appended to the writ petition vide annexure 'B'. The entire stock of the raw materials lying at the petitioners' factory...
Tag this Judgment!Court : Kolkata
Reported in : AIR1990Cal204
1. The plaintiff and the defendant are two sisters, Ram Kumar Changil, father of the parties, died intestate on 12th day of January, 1978. The two daughters, who are the plaintiff and the defendant in this suit are the only heiresses and/or legal representatives under the Hindu Succession Act, 1956. The suit as initially instituted was for partition of several other assets also and for claiming an equal half share in all the properties and assets left by the said deceased.2. It is not disputed that the plaintiff and the defendant were and are entitled to one equal half share each in the properties left by the said deceased excepting two items of property as mentioned hereunder. The partiesare also agreeable that a decree be passed for partition of all such assets mentioned in the said Schedule 'A' and 'B', save and except the said two items as mentioned hereunder:--1. Seven shares in Embassy Co-operative Housing Society Limited, 4, Shakespeare Sarani, Calcutta-700017. 2. All that the f...
Tag this Judgment!Court : Kolkata
Reported in : I(1991)ACC46,AIR1990Cal303
ORDER1. The instant writ petition was moved, inter alia, for issuance of a writ in the nature of Mandamus directing New India Assurance Company the respondent No. 1 to pay the claim of the writ petitioner arising outof the transaction in respect of Policy No. 2312100641 2312100641 (2) dated Septembers, 1981. The writ petition was admitted by Susanta Chatterjee. J. on July 14, 1988 when the petitioner was directed to serve copy of the writ petition upon the respondents within four weeks. Thereafter, hearing of the writ petition was fixed by my order dated December 20, 1988 and the writ petition was heard in presence of the respondents after completion of affidavits.2. The facts of the writ petition are as follows :--Diiip Kumar Ghosh the petitioner herein carries on business under the name and styie of 'Jayer Exports' as sole proprietor thereon having its office and place of business at Village -- Santoshpur, Police Station --Maheshiala District 24-Parganas. The main business of the pet...
Tag this Judgment!Court : Kolkata
W.P.No.1992 of 1995 W.P.No.1657 of 2003 IN THE HIGH COURT AT CALCUTTA Ordinary Original Civil Jurisdiction Original Side Kesoram Industries LTD.versus E.S.I.Corporation & ORS.For the petitioner: Mr.Siddhartha Mitra, Sr.Advocate Mr.Domingo Gomes, Advocate For the Respondent:- Mr.S.Moitra MRS.Keya Bhattacharyya , Advocates Judgement On: - 31st August, 2015 I.P.MUKERJI, J. Most intriguing questions arise in these two writ applications which were heard together. They concern the employees or workmen of Kesoram Industries Limited, at the relevant point of time. By his letter dated 5th September, 1995 the Deputy Regional Director Employees State Insurance Corporation told the writ petitioner that the milk allowance of Rs.2.25 per day that they were paying to each of their workmen was not to be counted as part of their wage. He also said that the wages that were being paid for work done by the workmen on holidays were to be treated as overtime and not included as a component of wage paid to t...
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IN THE HIGH COURT AT CALCUTTA Constitutional Writ Jurisdiction Original Side GA No.360 of 2007 WP No.1157 of 2004 Sajal Dutta versus Reserve Bank of India & ORS.For petitioners:- Mr.S.N.Mookerjee Sr.Advocate Mr.Ratnanko BanerjeeSr.Advocate Mr.Sounak Mitra.Advocate Mr.Tarun Aich.Advocate For Respondent No.6: Mr.S.K.KapurSr.Advocate Mr.Jishnu Saha.Sr.Advocate Mr.Subhojit Roy Advocate Mr.P.Gorai Advocate For R. B.I.: Mr.H.K.Mitra Sr.Advocate Mr.D.D.Sen,.Advocate 16th March, 2016 Judgement On: - I.P.MUKERJI, J. Ruby General Hospital is situated right at the crossing of Eastern Metropolitan Bypass and the Gariahat connector to it. It was set up on the initiative of two brotheRs.Sajal, the writ petitioner and Kamal the respondent No.6 and a friend of Kamal, Binod Prasad Sinha. Kamal and Binod are permanent residents of USA. Both are doctORS.Sajal always resided in Kolkata. This hospital was conceptualized to be technologically a most modern hospital with state of the art facilities. It was n...
Tag this Judgment!Court : Kolkata
Reported in : (1992)1CALLT423(HC)
Nirendra Krishna Mitra, J.1. In short, the facts of the case inter alia, are, that one Sri Ranendra Kr. Acharya, was a member of the Manicktola Co-operative Housing Society, and he was allowed Flat No. K-82 in the housing complex of the said Society, upon full payment of his contribution towards the cost of construction of the said flat, and get possession of the same. At first, Sri Acharya had made his mother Smt. Sushila Devi as his nominee in respect of his share and interest in the said Co-operative Society, but subsequently in 1974, he changed his nominee, and the writ petitioner was made his new nominee, which was approved by the Co-operative Society at its meeting dated 21st September, 1974, and the writ petitioner's name was recorded as the nominee of the said Sri Acharya in place of his mother. The said Sri Acharya died on September 14, 1975, and the writ petitioner made an application to the said Co-operative Society for admitting him as a member of the said Society, in place...
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Reported in : AIR1970Cal200,74CWN43
Bijayesh Mukherji, J. 1. By this suit raised on January 28, 1958, the Life Insurance Corporation of India (shortened into LIC hereafter, as far as possible), prays for a decree under Order 34, Rule 4 of the Civil Procedure Code (5 of 1908) in form No. 5-A in appendix D in the first schedule thereto, on the foot of two mortgages, the details whereof are set out below: 1.Mortgage-deed bearing date November 29, 1946 exhibit A: principal sum-Rs. 29,000.002.Deed of further charge bearing date January 19, 1949, exhibit B: principal sum-Rs. 5,000.00 3.Annual interest at 7% a compound up to Janu-ary 27, 1958, minus cre- dit of sums received towards interest-Rs. 20,247.714.Total-Rs. 50,247.712. The mortgagor is the sole defendant to this suit, Smt. Nandorani Dassi qua trustee to the estate of late Modhoo Sooden Sain, her father-in-law. The property mortgaged is the divided 4/21st share in the then 116 Cotton Street, now numbered as '114/1B', and admeasuring 1 cottah 14 chittacks and 3 square fe...
Tag this Judgment!Court : Kolkata
Reported in : AIR1991Cal256,95CWN394
ORDER1. The petitioner seeks to assail the orders for eviction and other reliefs passed against him by the Estate Officer under the provisions of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and affirmed on appeal by the Chief Judge, City Civil Court and the main brunt of his attack is that the impugned orders are bad for violation of the rules of Natural Justice. It is not easy to appreciate the significance of the adjective Natural qualifying the word Justice in the expression 'Natural Justice'. I would have thought that unnatural justice is a contradiction in terms. Natural Justice is not something like the Law of Nature or Jus Naturale of the Romans, some sort of a hypothetical law of an ideal nature of the golden age. The principles that go by the name of Rules of Natural Justice are very much the principles of Justice simpliciter which any adjudicatory authority required to administer justice would have to observe, unless such observance is ruled out by expr...
Tag this Judgment!Court : Kolkata
Reported in : AIR1982Cal388
M.M. Dutt, J.1. The appellants M/s. United Investment Corporation a partnership firm and its partner Smt. Bandana Suraiya have, in this appeal, challenged the propriety of the order of D.K. Sen, J., whereby the learned Judge discharged the Rule Nisi issued on the application of the appellants under Article 226 of the Constitution.2. By an indenture of lease dt. July 56, 1962 Mehta Suraiya (P) Ltd., granted a lease of a piece of land measuring 10 cottahs 2 chittacks 28 sq. ft. comprised in premises No. 14/1B, Ezra Street, Calcutta to the appellant firm for a period of 33 years. It is provided in the lease that the rent for the first three years would be Rs. 100/- per month and thereafter, for the remaining thirty years the rent would be at the rate of Rs. 2.500/- per month. Under the lease, the lessee was to use the demised premises for the construction of a building thereon for office and/or residential purposes according to the map or plan duly signed by the parties and for letting ou...
Tag this Judgment!Court : Kolkata
Reported in : 1989(22)ECC16,1991(55)ELT518(Cal)
Manashnath Roy, Actg. C.J.1. Section 23 of the Contempt of Courts Act, 1971 (hereinafter referred to as the said Act), empowers the Supreme Court or, as the case may be, any High Court, to make Rules, not inconsistent with the provisions of the said Act, for any matter relating to its procedure and in terms thereof, our High Court in exercise of such powers and also in exercise of its powers under Article 215 of the Constitution of India, framed Rules regulating to procedure, in Contempt of Court matters itself or of a Court subordinate to it and those Rules (hereinafter referred to as the said Rules), came into force on and from 1st September, 1975, on incorporation under Notification No. 10171-G dated 2nd Aug. 1975 and the same was published in the issues of the Calcutta Gazette dated 18th September, 1975.2. In this appeal which was presented on 23rd June, 1988, against orders dated 1st June, 1987 and 21st June, 1988 as made by a learned Single Judge of this Court in an application f...
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