Compassionate Appointment - Ashim Kumar Mondal claimed appointment on compassionate grounds as a dependent of his deceased father, Late Atul Mondal, based on company policy and representation dated 24/05/2015 Ashim Kumar Mondal vs Steel Authority of India Ltd. - Central Administrative Tribunal.
Legal Precedents on Sale and Property Interests - Multiple references to AIR 1991 SC 796 and other judgments clarify that sales conducted on an as is, where is basis do not prejudice prior claims or interests created through bona fide encumbrances or transfers. Such sales are considered without prejudice to earlier rights, and interests prior to attachment cannot be affected by subsequent sale or transfer Paul Brothers (Tailoring Division) : Phani Bhusan Ghosh VS Ashim Kumar Mondal - Supreme Court, RATAN KUMAR KHAITAN VS UNITED BANK OF INDIA - Calcutta, ANANDILAL PODDAR AND SONS LTD VS COMMISSIONER, SANCHAITA INVESTMENTS - Calcutta.
Property Transfer and Encumbrances - Ashim Kumar Mondal's involvement in property transfers includes surrendering rights and acquiring property through registered deeds, emphasizing that prior interests remain unaffected by attachments or subsequent transactions MONORANJAN MAHAPATRA VS BASANTA KUMAR MAHAPATRA - Calcutta, ANANDILAL PODDAR AND SONS LTD VS COMMISSIONER, SANCHAITA INVESTMENTS - Calcutta.
Judicial Proceedings and Testimonies - Ashim Kumar Mondal has participated as a witness in cases, including recording dying declarations and providing testimony in criminal cases, indicating active engagement in legal proceedings SHIB SANKAR GHOSH VS ASHIM ROOJ - Calcutta, Md. Kuddus Alam @ Kuddus Alam @ Md. Alam @ Kuddus Ansari VS STATE OF WEST BENGAL - Calcutta.
Court Rulings and Orders - The courts have relied on Supreme Court judgments to affirm that property sales on an as is basis do not override earlier interests, and that attachment does not affect pre-existing rights, reinforcing the legal position regarding property transactions and claims RATAN KUMAR KHAITAN VS UNITED BANK OF INDIA - Calcutta, Radharani Bose (Deceased) VS Bank of Baroda - Calcutta.
Analysis and Conclusion:
Ashim Kumar Mondal appears as a significant individual involved in property transactions, legal proceedings, and claims related to property rights and transfers. His claim for compassionate appointment is based on company policy, while his involvement in property law is supported by multiple judicial references emphasizing the sanctity of prior interests and the nature of sales conducted as is. The legal framework underscores that prior rights and interests are protected against subsequent attachments or sales, which is relevant in understanding his legal standing and the context of his various involvements.
References:
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light of the company policy for making appointment on compassionate grounds and our reasoned order is as follows:- As per your representation dated 24/05/2015 you are making your claim for appointment on compassionate grounds as the dependant of your deceased father Late Atul Mondal
Ashim Kumar Mondal, AIR 1991 SC 796, the sale was on an #19;as is, where is basis#20; i.e., without prejudice ... Sri Kapur, for the Mandals, placed considerable reliance on the common order of the Calcutta High Court dated 25-3-86 in Amar Mondal v. Commissioner (Matter No. 122 of 1986) and Jagdish Chand Aggarwala v. ... In that case, Amar Mondal who was the auction purchaser of an item of property (which we shall call Property A) at a sale by the Commissioner sought to be put into possession by evictin....
Ashim Kumar Mondal and others, AIR 1991 SC796,ajudgmentofmadrashighcourt in Penumeta Subbaraju vs Veegesena Seetharamaraju and another, AIR 1916 Mad 323, a judgment of Allahabad High Court in Ram Dayal Vs.
Ashim Kumar Mondal reported in AIR 1991 SC 796 held that the sale on an as is where is basis means without prejudice to the claims of other persons in whose favour bona fide encumbrances or interest might have been created earlier qua the property.
He is stated to have surrendered his barga right in respect of the disputed plot No. 2239 in favour of the aforesaid transferees Ashim Kumar Mondal and others under a registered Istafanama dated 5. 8. 1966. ... The said Jagadish had transferred the same in favour of his son Aswini Kumar Khatua under a registered Deed of Nirapan on 6. 1. 54. The said Aswini had transferred the disputed plot No. 2239 to Ashim Kumar Mondal and others by a registered Deed of Conveyance da....
Asim Kumar Mondal and Ors. , wherein it has been held that an attachment cannot affect any interest created in the property prior to the attachment by sale, transfer or alienation.
There after the new Selection Committee took interview and selected one Ashim Kumar Mondal as No. 1 in the Panel for the post of Class IV staff. ... Trilokyanath Mondal "demanded justification' meant that he demanded justification of cancellation' of the resolution which was formerly proposed by one Animesh Mondal and others once adopted by the Managing Committee and now it was going to be cancelled without being confirmed. ... Bhattacharyya's next argument was that in the meeting held on 17th August, 1....
W. 13 is Madhab Chandra Mondal, S.. of Police who also held inquest over the dead body. P. W. 14 Arun Kumar Das is the. O. of the case. P. ... W. 12 is ashim Kumar Mondal who says as the attending physician Dr. D. K. Mukherjee, P. W. 10 refused to record the dying declaration of the victim he himself recorded the dying declaration in the presence of P. W. 1. P. ... C. of Suri police Station Ashim Mondal recorded the dying declaration of the victim Lakshi Rooj (Ext. 2)....
The court relied on the judgment of the Supreme Court in Ratan Kumar Khaitan vs. ... The court relied on the judgment of the Supreme Court in Ratan Kumar Khaitan vs. ... Ashim Kumar Mondal, AIR 1991 SC 796, it is held that the sale on an “as is where is basis” means without prejudice to the claims of other persons in whose favour bona fide encumbrances or interest might have been created earlier qua the property. ... Mukherjee, relies upon the judgment of this Hon’ble Court in the case of Ratan #HL_STAR....
Hadish, the father of the victim and his colleagues P.W. 16 Maqbool Ahmed and P.W. 17 Pradip Kumar Basu. ... 10. The P.W. 35 Sabyasachi Biswas and P.W. 36 Ashim Kumar Mondal are the Judicial Magistrate, who held the T.I. ... Judgment : ... ASHIM KUMAR ROY, J. ... 1. The appellants Md. Kuddus Alam @ Kuddus Alam @ Md. Alam @ Kuddus Ansari and Md. ... Hadish and two of his colleagues, viz., P.W. 16 Maqbool Ahmed and P.W. 17 Pradip Kumar Basu. The learned Counsel for t....
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