advocatemmmohan
Kolkata
Service matter – whether the respondent, who was dismissed from service following disciplinary proceedings, is liable to be reinstated on acquittal by a criminal court on the ground of identity of charges in the departmental as well as criminal proceedings. = Apex court held No = State of West Bengal & Ors. … Appellants Versus Sankar Ghosh … Respondent = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41023
whether the respondent, who was dismissed from service following disciplinary proceedings, is liable to be reinstated on acquittal by a criminal court on the ground of identity of charges in the departmental as well as criminal proceedings. = Apex court held No = … Continue reading
M.V. Act – Death of a 19 year old Engineer student – Apex court enhanced compensation to Rs.7,00,000 from Rs. two lakhs = Radhakrishna and another ….Appellants versus Gokul and others ….Respondents = Reported in http://judis.nic.in/supremecourt/filename=40944
M.V. Act – Death of a 19 year old Engineer student – Apex court enhanced compensation to Rs.7,00,000 from Rs. two lakhs = Thus the grand total compensation of the applicants is Rs.1,92,000/- entitled to get from Res 1-3 jointly or separately.” The appellants challenged the award of the Tribunal by filing an … Continue reading
Rs.6,08,00,550/ crores compensation to N.R.I. for the death of his wife = Medical Negligence – Compensation was fixed based on principles and theories of M.V. ACT = Dr. Balram Prasad … Appellant Vs. Dr. Kunal Saha & Ors. … Respondents= http://judis.nic.in/supremecourt/imgst.aspx?filename=40897
Rs.6,08,00,550/ crores compensation to N.R.I. for the death of his wife = Medical Negligence – Compensation was fixed based on principles and theories of M.V. ACT = The patients irrespective of their social, cultural and economic background are entitled to be treated with dignity which not only forms their fundamental right but also their human right. We, … Continue reading
Whether the registration is in contravention of the provisions of Sections 9 (1) (a) & 11 (1) (a) & (b) of the Act…..Ans:-No = M/s. Anuj Textiles Pvt. Limited, 8/5, Rup Chand Ray Street, Kolkatta – 700 001. …Applicant in all applications (Represented by Shri Debnath Ghosh & Gorgi Sen ) Vs. M/s. Anushree Textiles Pvt. Ltd., 14, Amratolla Street, Kolkata – 700 001. … Respondents in all applications (Represented by Shri Mittal Das Gupta) published in http://www.ipab.tn.nic.in/209-2013.htm
As per Section 21 of the Act any person may oppose an application for registration. As per Sections 47 and 57 of the Act, only a person aggrieved shall file an application for rectification. Whether the registration is in contravention of the provisions of Sections 9 (1) (a) & 11 (1) (a) & (b) … Continue reading
Bar Licence – not granted = SOMDEV KAPOOR Vs. STATE OF W.B. & ORS. published in judis.nic.in/supremecourt/filename=40865
Bar Licence – not granted = Rule 8 of the West Bengal Excise (Selection of New Sites and Grant of License for Retail Sale of Liquor and Certain Other Intoxicants) Rules, 2003 (hereinafter referred to as “Rules of 2003”), as amended in the year 2004. … Continue reading
Company Laws = Whether the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter for short “SICA”) are applicable to the “foreign companies” registered in India under the provisions of Section 591 of the Companies Act, 1956 (hereinafter for short “the Act”) and, therefore, the revival scheme framed by the Board for Industrial and Financial Reconstruction (hereinafter referred to as “BIFR”) in respect of the Baranagore Jute Factory Plc. (hereinafter for short ‘the Respondent Company’) is required to be implemented. Section 3(o) of the Act which defines a sick industrial company in the following terms: “(o) “sick industrial company” means an industrial company (being a company registered for not less than five years) which has at the end of any financial year accumulated losses equal to or exceeding its entire net worth. Explanation.—For the removal of doubts, it is hereby declared that an industrial company existing immediately before the commencement of the Sick Industrial Companies (Special Provisions) Amendment Act, 1993 registered for not less than five years and having at the end of any financial year accumulated losses equal to or exceeding its entire net worth, shall be deemed to be a sick industrial company;”= In the aforesaid situation keeping in view the object and scheme of the Act and the virtual consensus of the contesting parties with regard to the present financial health of the respondent company it is clear that the company can no longer fall within the ambit of the expression “sick industrial company” as defined in Section 3(o) of the Act. Further applicability of SICA to the respondent company, therefore, does not arise.
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40821 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.8440-8445 OF 2013 (Arising out of SLP (C) Nos.39005-39010 of 2012) Yash Deep Trexim Private Limited … Appellant (s) Versus Namokar Vinimay Pvt. Ltd. & Ors. … Respondent (s) With Civil Appeal Nos.8446-8451 … Continue reading
No medical negligence – complainant died – Lrs not paid any attention – expert doctor died – = After administration of the above injection, cold blood was transfused in flagrant violation of the basic medical norm or practice and within 2/3 minutes of pushing the injection this cold blood transfusion instantly had a cascading effect on his wife and she developed convulsion-condition. According to the complainant on 15.02.97, the patient developed restlessness, insomania, severe pains all over her body and also breathing trouble. Complainant alleged that no care was taken by the Staff Nurse or the doctor and when on 16.02.97 he went to the Hospital his wife was groaning and crying. Complainant further alleged that on 16.2.97, the Duty Medical Officer without consulting Dr. R.N. Duttainstructed the nurse to inject two injections namely Fortwin I vial and Calmpose I vial to the Refractory Anemia patient in total disregard of all medical norms and ultimately his wife expired.= A perusal of the impugned order shows that the State Commission, while allowing the complaint, has placed substantial reliance upon the expert opinion of Dr. S.K. DuttaChaoudhary, produced on behalf of the Complainant. The Commission has observed that:- “In paragraphs 9,10,11 of his Affidavit (page 92 & 93 of the Paper Book) this expert doctor has opined that a person suffering from ailment or having low blood pressure on poor heart condition is never administered two medicines namely injection Calmpose and injection Fortwin and according to his opinion the Cardiac failure as recorded in the Death Certificate of the patient was directly due to the administration of the said two medicines in such a physical condition of the patient as has been already described above. The doctor has further stated that supporting treatment by way of Oxygen and Saline could have saved her. With this opinion of expert is added the circumstances that there is no record forthcoming from the O.Ps to show that the blood pressure or pulse rate of the patient was ever checked by Dr.Halder during his period of crisis before the fatal injection was administered. It is also on record that this Dr. Halder who was In-Charge did not requisition any Oxygen cylinder or mask or saline to save the life of the patient.” 4. However, during the course of hearing of this appeal, it was observed that the above medial expert examined on behalf of the Complainant before the State Commission had died before the OPs had any opportunity to cross examine him. It was therefore, decided to refer the matter to the All India Institute Medical Sciences, New Delhi for opinion. Accordingly, a four member Medical Board was constituted by the Medical Superintendent, AIIMS. Its report has been received and perused. = In another significant development during the hearing of this appeal, the Complainant Shri N.C. Majumdar passed away. The application to bring the LRs on record was allowed on 26.7.2012. However, notices sent to the LRs on 27.4.2011, 14.9.2011, 01.10.2012 and on 14.5.2013 have not yielded any results. They have remained unclaimed. It is learnt from the Registry that this amount was not withdrawn by the respondent/Complainant and is still available as deposit in the name of the Registrar of this Commission.- In the reference made by this Commission to the AIIMS, specific opinion had been sought on four points. The expert report received is directly with reference to those four points. They are listed below:- “Question (i). Whether the reaction/convulsion which the patient developed immediately after transfusion of blood on 13.02.97 is attributable to the transfusion of cold blood without bringing it to the level of normal human body temperature? Answer: There is no evidence of any reaction/convulsion on 13.02.1997 after the blood transfusion as per given medical record. Question (ii).Whether the reactions/convulsions which the patient developed after transfusion of blood on 15.02.97, were managed properly? Answer: There is no record of any convulsion on 15.02.1997. Patient had rigors (shivering) on 15.02.1997, which was managed accordingly. Question (iii). Whether the administration of injections, Calmpose and Fortwin on 16.02.97 was contra-indicative keeping in view the health condition, including the cardiac condition, of the patient ? Answer: Medical records do not mention any details of patient cardiac conditions. According to medical records inj. Fortwin & inj. Calmpose were administered intramuscularly (I/M) due to restlessness and pain. However, the reasons of restlessness and pain is difficult to assess from the medical record. Question (iv) Whether the death of the deceased on 16.02.97 is directly or indirectly attributable to the said complications which followed after blood transfusion on 13.02.97 and after administration of injections on 16.02.97. Answer: It seems unlikely that the blood transfusion on 13.02.1997 resulting in the event of death on 16.02.1997. It also seems unlikely that intramuscular (I/M) administration of Inj. Fortwin and Inj. Calmpose would have caused the cardio-respiratory arrest. Her primary condition of refractory anaemia is also not recorded properly in the medical recortds.” 7. The complaint petition before the State Commission itself accepts that the deceased was suffering from the condition of ‘refractive anaemia’. As per the medical lexicon, it is a condition of unresponsiveness to treatment. Considering this in the light of the opinion categorically expressed in the report of the AIIMS, the finding of State Commission that it was a case of gross negligence cannot be sustained. 8. Consequently, the appeal of Mission of Mercy Hospital/OP-1 before the State Commission is allowed and the order of the West Bengal State Consumer Disputes RedressalCommission in Consumer Complaint No.339/0/1997 is set aside, qua the appellant. The deposit of Rs.1 lakh made by the Appellant together with the accrued interest and the statutory amount of Rs.35,000/- are directed to be released in favour of the Appellant.
published in http://164.100.72.12/ncdrcrep/judgement/00130816122903619FA56506%20.htm NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI FIRST APPEAL NO. 565 OF 2006 (Against the order dated 06.06.2006 in S.C.Case No.339/O/1997 of the State Commission, West Bengal) The Mission of Mercy Hospital & Research Centre, 125/1, Park Street, Town of Calcutta, Calcutta-700017 …..Appellant Versus 1. Shri N.C.Majumder S/o Late Surendra Kumar Majumder Residing at 89, S.G.D.Road, Birati, Post Office –Birati, … Continue reading
driver of the said taxi involved in the offence undergone seven years and six months in jail, reduced from 10 years to served setence = even if the prosecution case is accepted that the appellant had facilitated in the commission of crime, considering the fact that he did not enter the jewellery shop and was not armed with any weapon, the maximum sentence of 10 years is excessive. On going through all the aspects, particularly, the entire evidence of the owner of the taxi PW-12, we inclined to accept the claim of Mr. Ghosh. – It is relevant to point out that PW-12, nowhere in his statement has described about any illegal activity on the part of the appellant who was his taxi driver. Inasmuch as no adverse statement has been made by him and also of the fact that till date, he had already undergone seven years and six months in jail, while confirming his conviction, we feel that ends of justice would be met by altering his sentence to the period already undergone. 11) In view of our conclusion on the sentence, we direct that the appellant be released forthwith, if he is not required in any other case. The appeal is disposed of on the above terms.
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40568 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION 1 CRIMINAL APPEAL NO. 1109 OF 2009 Rajendra Sharma …. Appellant(s) Versus State of West Bengal …. Respondent(s) 2 J U D G M E N T P.Sathasivam,J. 1) This appeal is filed against the final … Continue reading
JURISDICTION = whether, in view of clause 18 of the consignment agency agreement (for short, ‘agreement’) dated 13.10.2002, the Calcutta High Court has exclusive jurisdiction in respect of the application made by the appellant under Section 11 of the Arbitration and Conciliation Act, 1996 (for short, ‘1996 Act’). = Conclusion: 28. For the reasons mentioned above, I agree with my learned Brother that in the jurisdiction clause of an agreement, the absence of words like “alone”, “only”, “exclusive” or “exclusive jurisdiction” is neither decisive nor does it make any material difference in deciding the jurisdiction of a court. The very existence of a jurisdiction clause in an agreement makes the intention of the parties to an agreement quite clear and it is not advisable to read such a clause in the agreement like a statute. In the present case, only the Courts in Kolkata had jurisdiction to entertain the disputes between the parties.
Published in http://judis.nic.in/supremecourt/imgs1.aspx?filename=40511 Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5086 OF 2013 (Arising out of SLP(C) No. 5595 of 2012) M/s. Swastik Gases P. Ltd. … Appellant Vs. Indian Oil Corp. Ltd. … Respondent JUDGMENT R.M. LODHA, J. Leave granted. 2. The short question that arises for consideration … Continue reading
West Bengal Premises Tenancy Act, 1956- PARTIAL EVICTION NOT APPLICABLE TO THIS CASE = ” Considering the evidence adduced by both parties and the principles of law discussed above, I find that the plaintiff is the owner of the suit premises, the compromise decree in T.S. No.55/86 is admissible in evidence, the present accommodation of the plaintiff is not suitable and the suit premises is required for the reasonable requirement of the plaintiff for own use and occupation and for augmentation of her income from the suit premises and there cannot be any partial eviction and as such all these issues be disposed of in favour of the plaintiff.”- “It is not expected that the plaintiff being divorcee will reside in the house of her brother and at mercy of her brother and brother’s wife. In order to reside peacefully one privy, one kitchen, one bath room and one dining space in other words complete flat is required for the purpose of the residence of the plaintiff, so in the circumstances I hold that the plaintiff has bonafide reasonable requirement of the suit premises for her own use and occupation.”- the provision contained in the West Bengal Premises Tenancy Act, 1956 mandates the court to consider whether partial eviction as contemplated therein should be ordered or the entire building should be directed to be vacated. However, while deciding the issue of reasonable personal requirement of the landlord, if the trial court or the appellate court also considers the extent of requirement and records a finding that the entire premises or part thereof satisfies the need of the landlord, then, in our considered opinion, there is sufficient compliance of the provision contained in the said Act. 20. Taking into consideration these facts and also having regard to the finding recorded both by the trial court and the appellate court after discussing the question of partial eviction, the substantial question of law framed by the High Court does not arise. Consequently, the impugned judgment passed by the High Court cannot be sustained in law. 21. For the reasons aforesaid, this appeal is allowed. The impugned judgment of the High court is set aside and the judgment and decree of the trial court is affirmed. However, there shall be no order as to costs. 22. The defendant-respondents are directed to vacate the suit premises within three months and hand over vacant possession of the same to the appellant. ‘
‘ REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4539 OF 2013 (Arising out of Special Leave Petition (Civil) No.30300 of 2011) ANAMIKA ROY Appellant(s) VERSUS JATINDRA CHOWRASIYA AND OTHERS Respondent(s) M.Y. EQBAL, J.: Leave granted. 2. Aggrieved by the judgment dated 10.2.2011 passed by learned Single Judge of the … Continue reading
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