Kolkata Appellate Court January 2011 Judgments
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Pulak Kole and Another Vs. the State of West Bengal and Others
Court: Kolkata Appellate
Decided on: Jan-20-2011
1. Salanpur Police Station initiated a proceeding under Section 406 of the Indian Penal Code as against the petitioners in terms of an order, passed by the learned Additional Chief Judicial Magistrate Asansole under Section 156(3) of the Code of Criminal Procedure. On perusal of the petition filed under Section 156(3) of the Code of Criminal Procedure, the following facts reveled :-i) Petitioner No. 2 married opposite party No. 2 after taking dowry of Rs. 2.51 lakh in cash apart from gold ornaments, furniture, utensils and other gifts.ii) The respondent No. 2 went to her matrimonial home along with the dowry. Her in-laws took all the gold ornaments from her whereas the cash was taken by the husband.iii) There was constant pressure by the in-laws for money for purchasing a flat. On that score, there was discord between the couple.iv) As a result, she left her matrimonial home.v) She prayed for return of the Stridhan properties and punishment under Section 406 of the Indian Penal Code.2....
Bappa Das and anr. Vs. the State of West Bengal
Court: Kolkata Appellate
Decided on: Jan-20-2011
1. The death reference for confirmation of sentence of death passed against the convicts Bappa Das and Biswajit Sadhukhan and the criminal appeal by the said convicts against their conviction and sentence arises out of a judgement and order passed by the Learned Additional District and Sessions Judge, Fast Track, 3rd Court, Barrackpore in a sessions trial held before him, where the convicts were charged under Section 364A read with Sections 302/201/34 of the Indian Penal Code.In the aforesaid trial both Bappa Das and Biswajit Sadhukhan were convicted under Sections 302/34 as well as under Sections 201/34 of the Indian Penal Code and thereunder both of them were sentenced to death and to suffer rigorous imprisonment for 7 years respectively and to pay fine with default clause on each count.2. The prosecution case in brief runs as follows;The victim Sharmistha Das @ Ria, who was aged about 7 years at the time of the alleged occurrence was the daughter of P.W. 1 Shyamal Das. On November 2...
Sristidhar Ghosh Vs. Khadim Chandra Ghosh at Sunil Ghosh and ors.
Court: Kolkata Appellate
Decided on: Jan-20-2011
1. In or about 2002 Madhabi Ghosh married Khadim Chandra Ghosh of village Barabelun, Police Station Bhatar, in the district of Burdwan. Few days after her marriage Khadim and his mother Gayatri started inflicting torture upon Madhabi both physically and mentally. Their grievance was that the gold ornaments were not given in time. Subsequently, the ornaments were given to the accused. Even then, the torture continued. The brother-in-law Utpal and sister-in-law Chaina also inflicted torture upon Madhabi. On January 11, 2006 Madhabi committed suicide. She took poison and subsequently breathed her last at Burdwan Hospital. Three days before her death Madhabi was not provided with any food by the accused, on the contrary she was given a container of poison so that she could commit suicide. The father of Madhabi lodged a written complaint with Bhatar Police Station on the next day being January 12, 2006. Police initiated a criminal proceeding as against the accused under Section 498A read wi...
Md. JahiruddIn Vs. the State of West Bengal
Court: Kolkata Appellate
Decided on: Jan-20-2011
1. The facts involved herein are somewhat peculiar and has a distinctive characteristic. According to the petitioners, it was a case under Section 376 as the respondent Nur Mohammed committed rape upon the victim being the wife of the complainant/ petitioner above named. According to the respondent, he was attacked by a group of which the petitioner was a party and during scuffle he was hit by a sharp weapon causing injury to his back.2. Hence, the petitioner was guilty of the offence committed inter alia under Section 326 read with Section 307. Both of them lodged separate complaints. The Police initiated two cases on the basis of the said complaints. The case, where the petitioner group was involved as accused, resulted in conviction before the Trial Court. In the other case where the respondent was accused of committing rape, he got acquittal from the trial Court. From the order of conviction, the petitioner group preferred an appeal where they were successful. The accused in the sa...
Mangali Haldar and Another Vs. the State of West Bengal
Court: Kolkata Appellate
Decided on: Jan-20-2011
1. On the day of Swaraswati Puja victim along with her two friends, one of whom was Nagari, went out to see Swaraswati idol. After sometime her friends left her. She was alone. She met one of the villagers known as Krishna, PW-7 and asked for his help. Krishna advised her to avail the van rickshaw of Nikhil. She accordingly boarded the rickshaw. On the way Shashi boarded the rickshaw. Sadhan started walking in front keeping pace with the rickshaw. Nikhil took the rickshaw to a high land. All three together dragged the victim to the said high land. They stripped bare the victim and ravished her. According to the victim, she sustained bleeding injury on her private parts. The accused pressed her breast. Victim became senseless.2. Blood was oozing out of private parts. The accused took her to her house and asked her not to disclose the incident to anyone. She met her mother in the house, asked for a glass of water and then went for sleep after taking water. Next day she disclosed the inci...
Subrata Kr. Roy Vs. Samir Kr. Banerjee
Court: Kolkata Appellate
Decided on: Jan-19-2011
1. This application is at the instance of the petitioner and is directed against the order dated December 4, 2008 passed by the Municipal Building Tribunal Kolkata Municipal Corporation in Appeal No.BT 40 of 2003 thereby dismissing the said appeal on contest without costs filed by the appellant/opposite party no.1 herein.2. The short fact is that the petitioner is one of the owners of the premises no.3, Outram Street, Kolkata 700 017, being one of the trustees and beneficiaries of the Trust Estate of Bankim Chandra Roy together with Trust Estate of Kalachand Roy. The owners of the said premises gave the tenancy of the said premises to the Outram Club, an unregistered association represented by the then President on July 25, 1992. Since then, the said club is in possession of the said tenanted premises. On getting the tenancy of the said premises, the Outram Club raised certain unauthorised constructions and it failed to pay any heed to the warnings and express provisions of the owners ...
Mrinal Kumar Dey Vs. Cesc Limited and ors.
Court: Kolkata Appellate
Decided on: Jan-19-2011
1. The petitioner in this art.226 petition dated January 14, 2011 is seeking the following principal relief: a) Writ in the nature of Mandamus commanding the respondents to reconnect the supply of your petitioner which was disconnected illegally by the CESC authority, immediately: 2. The supply was disconnected on January 11, 2011 on the grounds that using the installation electricity was supplied to a connection that had been disconnected on April 17, 2004. The assessing officer of CESC made an order of provisional assessment dated January 11, 2011 under s.126 of the Electricity Act, 2003 determining the liability at Rs.22,377. 3. Counsel for the petitioner has said that CESC should be directed to reconnect supply on payment of the provisionally assessed amount. Counsel for CESC has submitted as follows. A part of the liability for the petitioners fathers supply, the one disconnected on April 17, 2004, has remained unpaid. Since the petitioners late father was the consumer of the supp...
Smt. Saraswati Barman and Others. Vs. the State of West Bengal.
Court: Kolkata Appellate
Decided on: Jan-19-2011
1. This appeal is directed against the judgment of conviction and sentence passed by learned Assistant Sessions Judge, 1st Court, Contai in Sessions Trial No. 1/December, 1993 sentencing the appellants to suffer R.I. for three years each under Section 498A I.P.C. and also to suffer R.I. for eight years each and to pay a fine of Rs.5,000/- each in default to suffer R.I. for 10 months each under Section 306 I.P.C. with the direction that both the sentences will run concurrently. 2. The case of the prosecution, in short, is that one Jagannath Barman lodged complaint with Contai P.S. alleging that his youngest daughter Uttara was married with Dhirendra Barman. Since one year after marriage her husband, elder brother of the husband and his wife Smt. Saraswati used to commit various types of physical and mental torture on Uttara for her lapses in household duties. Whenever Uttara came to her paternal house, she used to disclose about this torture. The informant requested the members of the f...
Sree Sree Iswar Gopal Jew Thakur and Sree Sree Iswar Manasamata Thakur ...
Court: Kolkata Appellate
Decided on: Jan-19-2011
1. Challenge is to the order no.53 dated July 6, 2000 passed by the learned Civil Judge (Senior Division), Second Court, Howrah in Title Suit No.222 of 1997 thereby allowing an application under Section 10 of the Code of Civil Procedure. The plaintiff/petitioner instituted a suit being Title Suit No.222 of 1997 praying for declaration that the deeds of gift executed by Promila Sundari Mazumdar in favour of the opposite party are void, fraudulent, inoperative and not binding upon the plaintiff and for further declarations. The opposite party is contesting the said suit by filing a written statement.2. Thereafter, she filed an application under Section 10 of the C.P.C. for stay of the suit till disposal of a title appeal being T. A. No.162 of 1994 and a second appeal being S.A. No.540 of 1991. That application for stay was allowed by the impugned order. Being aggrieved, the plaintiff has filed this revisional application.3. Now, the point for consideration is whether the impugned order s...
Sushma Singh Vs. Rabindra Singh
Court: Kolkata Appellate
Decided on: Jan-19-2011
1. The petitioner is the defendant no.3 in Title Suit No.75/2008 pending on the file of the learned Civil Judge (Senior Division), at Sealdah. The said suit has been instituted by the opposite party no.1 herein against the petitioner and five other defendants for declaration and permanent injunction in respect of the properties mentioned in schedules A and B to the plaint. 2. The defendant no.3/petitioner filed an application under Order VII Rule 11, Civil Procedure Code, 1908 (hereafter the Code) read with Section 151 thereof. The grounds on which the learned Civil Judge was urged to reject the plaint are two fold viz. i) the suit is barred by limitation; and ii) the suit is hit by Section 34 of the Specific Relief Act, 1963 (hereafter the Act). 23. The plaintiff/opposite party no.1 contested the application under Order VII Rule 11 by filing a written objection. The defendant no.3/petitioner filed a reply thereto. After the d...
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