Court : Kolkata
Reported in : AIR1962Cal349
P.C. Mallick, J.1. This is a suit by a Government employee for a declaration that the order terminating her service is wrongful, illegal and void and that she is still entitled to the office. There is an alternative case made for damages for wrongful dismissal.2. The plaintiff is an M.A. and Ph. D. of the Chicago University in Sociology. Her case is that she; was offered a permanent post of Anthropologist by the Government in the Department of Anthropology in the Indian Museum on June 7, 1949 which offer she accepted. Prior to this appointment she was working in the same department as a temporary Anthropologist which office she relinquished before accepting the new appointment. In the new post she was to be on probation for 2 years.3. The plaintiff's service was terminated by a letter dated June 2, 1952 addressed to her by the Director Of Anthropology Sri. B. S. Guha. Prior to this she was charge-sheeted. She denied the charges and demanded a judicial enquiry.4. The order terminating h...
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal626,65CWN607,[1961(3)FLR98],(1961)IILLJ283Cal
Banerjee, J. 1. The plaintiff Sudhir Ranjan Halder, who is the appellant before us, obtained an appointment as a lower division clerk, under the then Government of Bengal, on April 15, 1944. At the time material to the suit, out of which this appeal arises, however he was serving as a Sub-Inspector of Rationing, under the Rationing Officer, Bhowanipur Sub-Area, Calcutta.2. On October 31, 1947, the residence of the plaintiff at 13A, Gangaprosad Mukherjee Road, Bhowanipur was searched by the men of the Enforcement Department, who seized a number of Ration Cards and cloth folders allegedly from the possession of the plaintiff. Thereupon, the plaintiff was arrested by the Police on the ground of wrongful and illegal possession of the said cloth folders and ration cards.3. By an order. Exhibit 2(a), dated November 4, 1947, the Joint Controller of Rationing suspended the plaintiff, with effect from the date of the order, on the ground of his arrest by the Enforcement Branch. The aforesaid or...
Tag this Judgment!Court : Kolkata
Reported in : AIR1965Cal598,1965CriLJ713
Debabrata Mookerjee, J. 1. Seven persons were arraigned for offences in connection with plunder and murder at the Kanoria house 15, Burdwan Road. Of them one Pratap Singh was tendered pardon and made an approver. At a trial held by an Additional Sessions Judge of 24 Paraganas four of them Samunder Singh, Bhamar Singh, Nandalal Singh and Ruhr Singh have been convicted of dacoity with murder under Section 396 of the Indian Penal Code and sentenced to death. These four have in addition been convicted of conspiracy to commit dacoity with another named Bhur Singh and sentenced under Section 120B/395 of the Code to imprisonment for life. The said Bhur Singh and another called Bhagirath Singh charged respectively under Sections 396/109 and 412 of the Code, for abetment of dacoity with murder and for dishonestly receiving stolen property in the commission of the dacoity, have been acquitted by the trial Judge. 2. The convicted persons have appealed. The four condemned men have appeared by coun...
Tag this Judgment!Court : Kolkata
Reported in : AIR1971Cal480,75CWN964
Gupta, J. 1. On March 3, 1953 at 6-38 A. M. a man of about sixty trying to cross the railway tracks running along the eastern side of Barrackpore Station was knocked down by a passing engine and died instantaneously as a result of the shock. The deceased, Haramohan Ghose, who held a monthly railway ticket, was coming to renew it at Barrackpore Station from his village Dhaniapara which was to the northeast of the railway station. He came along a road that leads up to the railway lines to the east of Barrackpore Station and was trying to walk across the lines to reach the station when the accident took place. Struck by the right side bumper of the engine he fell on the gangway between two quad lines and died on the spot. His widow brought the instant suit claiming a decree for Rupees 15,000/- as damages for the death of her husband. The Court below dismissed the suit and aggrieved by the decision she has preferred this appeal. She was allowed to sue and also to prosecute this appeal in f...
Tag this Judgment!Court : Kolkata
Reported in : AIR2007Cal298
Bhaskar Bhattacharya, J.1. This mandamus-appeal is at the instance of the writ-petitioner and is directed against a common judgment dated June 22, 2007 passed by a learned single Judge by which two different writ applications filed by the present appellant were disposed of. By the first writ application. The writ petitioner challenged the order dated 21st March, 2006 passed by the respondent thereby making a provisional assessment for payment of Rs. 2,85,406/- in terms of the Electricity Act, 2003 on the allegation of pilferage of electricity and by the other one, the final order of assessment subsequently passed by the respondents was challenged.2. As a preliminary objection was raised on behalf of the respondents as regards maintainability of the present mandamus-appeal on the ground that two different mandamus-appeals ought to have been preferred, we disposed of such preliminary point by directing the appellant to pay additional Court fees for challenging orders passed in two writ-a...
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal428,68CWN826
Bachawat, J. 1. The appellant is the owner of the land and building at No. 1/6 Princes Golam Mohammad Road, Calcutta. One D. C. Goswami was a tenant of the entire ground floor of the building. The appellant obtained a decree for ejectment of the tenant, and started proceedings for execution of the decree. The connected misc. case was disposed of on July 23, 1960 in terms of a compromise by which the tenant agreed to vacate the premises on the expiry of October, 1060. On October 31 the executing Court rejected an application by the tenant for further time till November 3, and issued a writ for delivery of possession of the premises. Before this writ could be executed, the State Government passed an order on November 2, under Section 3(1) of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (W. B. Act V of 1947) requisitioning the premises and directing the 1st Land Acquisition Collector, Calcutta to take possession of it. The order stated that 'in the opi...
Tag this Judgment!Court : Kolkata
Reported in : AIR1978Cal407,82CWN437
ORDERSabyasachi Mukharji, J. 1. Jardine Handerson Ltd. is a company registered under the Companies Act, 1956 having its registered office at No. 4, Clive Row, Calcutta. The said company inter alia, carries on the business of rendering advisory and technical services for remuneration to various other companies regarding the letters' Provident Fund, Pension Fund, Gratuity etc. Mukul Chandra Chakraborty, who is said to be an actuary by qualification, was an assistant and a whole time employee of Jardine Handerson Ltd. His wife, Aparna Chakraborty is said to be holding a Master of Arts degree from the Agra University and is alleged to have the qualification of a widely travelled lady and being on good social terms with the several Managing Directors of companies and their wives. His daughter one SudershanaChakraborty is said to be a holder of Master's degree from the Cambridge University and is also said to be a widely travelled lady and a good mixer with the several Managing Directors and...
Tag this Judgment!Court : Kolkata
Reported in : 2005(4)CHN60
Arun Kumar Mitra, J.1. This writ petition has been moved challenging an office order dated March 31, 2005 issued by the Secretary, Malda District Primary School Council. The said office order has been annexed as P-2 to the writ petition which is quoted hereinbelow:'Whereas it has been reported by the Sub-Inspector of Schools, Pandua Circle vide memo No. 08 dated 04.02.2005 that Mr. Abdul Mannan, H. T. of Ramnagar Primary School under Pandua Circle, P.O. Bairgachi, district Maldah was arrested on 03.11.2004 in connection with Gazole P. S. Case No. 217/2004, dated 28.10.2004, under Sections 341/323/325/34 IPC and forwarded to S.D.M., Malda Court.Whereas his detention in police custody has exceeded more than 48 hours.Now, therefore, the undersigned places him under suspension in terms of Rule 7(2) as notification No. 906-SE(Pry), dated 09.7.2001 with effect from 03.11.2004 until further orders.All concerned are being informed.'2. Office order appears to be deemed suspension order in terms...
Tag this Judgment!Court : Kolkata
Reported in : (2006)3CALLT490(HC)
Arun Kumar Mitra, J.1. This writ petition has been moved challenging an office order dated July 07. 1999 issued by the Chairman, Ad hoc Committee, Midnapore District Primary School Council. The said office order has been annexed as P-1 to the writ petition which is quoted hereinbelow:As Sri Bibhas Chandra Paria, Head teacher, Eamunia Jangal Primary School, P.O. Dhanghara, Dist. Midnapur, under Contai-III Circle, drawing Rs. 1620/- as Basic Pay per month has involved himself in Contai P.S. Case No. 148/97 dated 19.5.97, under Sections 147, 148, 149, 325, 354, 380, 427/506 IPC and 25/27 of Arms Act, so, he is hereby placed under suspension with immediate effect from his post as Head teacher, Bamunia Jangal Primary School.Sri Paria shall be paid 50% of his pay as on the date proceeding the date of suspension plus dearness allowance in full as on the date of suspension as subsistence allowance during the period of suspension subject to the condition that no payment shall be made unless the...
Tag this Judgment!Court : Kolkata
Reported in : [1998]91CompCas105(Cal)
Baboo Lall Jain, J. 1. The petitioners instituted this suit, inter alia, for the following reliefs : '(a) Declaration that resolution to issue new shares in defendant No. 1 passed in the meeting of the board of directors of defendant No. f on December 30, 1992, and all acts in pursuance thereof are illegal, null and void.(b) Declaration that the letter of offer dated January 20, 1993, offering issuance of 68,000 equity shares of defendant No. 1 and all steps taken thereunder are illegal, null and void,(c) Perpetual injunction be issued restraining the defendants from giving any effect or further effect to the purported board resolution dated December 30, 1992, for issue of 68,000 equity shares of defendant No. 1 and from giving or issuing the said 68,000 equity shares or any new shares of defendant No. 1.(d) Decree directing delivery up of all the letters of offer issued by defendant No. 1 relating to issue of 68,000 equity shares so that the same may be adjudged void and be cancelled....
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