Kolkata Appellate Court March 2011 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Brigadier Prabir Kumar Sanyal. Vs. Mrs. Mohsena Chowdhury
Court: Kolkata Appellate
Decided on: Mar-15-2011
1. The petitioner Mohsena Chowdhury wife of Colonel M.H. Chowdhury was residing at Flat No. 6 F, Block Ripples, Merlin River View, 15, Kabitirtha Sarani, Kolkata, a civil accommodation. She approached the Chief Judicial Magistrate, Alipore by filing complaint case No. 3643 of 2010 against Brigadier Prabir Kumar Sanyal (now retired) under Section 441/504/506/427/500 read with Section 114 of the Indian Penal Code. The learned Chief Judicial Magistrate Alipore vide order dated May 28,2010 took cognizance of the offence and transmitted the said case to the Court of 5th Judicial Magistrate Alipore for final adjudication. Perusal of the complaint would depict that Mohsena was residing at the civil accommodation as her husband was posted at Kalimpong, after being retired from service with effect from February 28, 2009 and re-employed on March 28, 2009. During last three years of his service Colonel Chowdhury was allotted an official accommodation at Tusf View Hastings Calcutta where he over s...
Rajesh Pradhan. Vs. the State of West Bengal
Court: Kolkata Appellate
Decided on: Mar-15-2011
1. The petitioner was charged for committing offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as N.D.P.S. Act) before the Court of learned Special Judge, 6th Court, 24-Parganas (North). The petitioners prayer for bail was rejected on February 4, 2011. Petitioner filed the instant revisional application as against the order by which his prayer for bail was rejected. According to him, unless and until the Chemical Examination Report was received by the learned Special Judge charge sheet could not be submitted. Hence, prayer for bail should be allowed after expiry of the statutory period. Pertinent to note, that he renewed his prayer on February 7, 2011 when, by a reasoned order, the learned Special Judge rejected his prayer.2. Perusal of the order impugned would show that the learned Judge did not reject the prayer for bail on the said date. He merely postponed the same till the next date of hearing i.e. February 7, 2011.3. The matter was ar...
Monotosh Ghosh. Vs. the State of West Bengal
Court: Kolkata Appellate
Decided on: Mar-15-2011
1. Short question involved herein, is as to whether the learned Magistrate could withhold release of the accused even after granting of bail.2. The facts reveal, petitioner/accused was charged with an offence of Section 20(b)(1) of Narcotic Drugs and Psychotropic Substances Act (NDPS Act). He was in custody for about sixty days. Neither the prosecution submitted charge sheet nor he was released on bail. After the statutory period was over petitioner applied for bail on February 25, 2011. The learned Additional Sessions Judge, 6th Court Barasat acting as Special Judge under NDPS Act passed an order observing that the accused was in custody for more than sixty days. Since no charge sheet was filed by the prosecution the petitioner should be released on bail bond furnishing P.R bond of rupees thirty thousand with one local surety with like amount on condition that he would not commit any offence while on bail or tamper with the prosecution case. February 26 and February 27 were holidays. ...
Petitioner. Vs. State of West Bengal.
Court: Kolkata Appellate
Decided on: Mar-15-2011
1. This writ petition has been filed assailing the judgment and order dated 17th September, 2003 passed by the West Bengal Land Reforms and Tenancy Tribunal in T.A.88 of 2003 arising out of W.P.No.18080 (W) of 1997. 2. The learned Advocate representing the petitioners submits that the State respondents wrongfully and illegally granted patta in favour of the respondent no.8 (since deceased) without considering the fact that the said respondent no.8 was engaged in defence service The learned Advocate of the petitioners further submits that in view of second proviso to Clause ( c ) of sub section 1 of Section 49 of the West Bengal Land Reforms Act, no settlement of land can be made with any person or with a member of the family of such person who is engaged or employed in any business, trade, undertaking, manufacture, calling, service or industrial occupation. 3. The learned Advocate representing the petitioners specifically urged before this Court that in view of the aforesaid proviso to...
Ashis Kumar Maity. Vs. Anupriya Dutta GuptA.
Court: Kolkata Appellate
Decided on: Mar-14-2011
1. Challenge is to the order no.21 dated January 11, 2011 passed by the learned Civil Judge (Junior Division), First Court, Alipore, District South 24 Parganas in Ejectment Suit No.17 of 2009 thereby rejecting an application for amendment of the written statement filed by the defendant. The plaintiff/opposite party herein instituted an ejectment suit being the Ejectment Suit No.17 of 2009 against the defendant/petitioner herein for recovery of possession on the ground of reasonable requirement, nuisance, etc. The defendant/petitioner herein entered appearance and he is contesting the said suit by filing a written statement denying the material allegations made in the plaint. Even he has denied that the plaintiff is the landlord. Issues have been framed and the suit is at the stage of cross-examination of the P.W.1. At that time, the defendant/petitioner herein filed an application for amendment of his written statement in the manner as indicated in his application appearing as annexure...
State of West Bengal and ors. Vs. Indian Jute Mills Association and or ...
Court: Kolkata Appellate
Decided on: Mar-11-2011
1. This application under Article 226 of the Constitution of India is at the instance of the State of West Bengal and is directed against order dated 20th November, 2009 passed by the West Bengal Taxation Tribunal in R.N. 271 of 2008 and R.N. 461 of 2008 which were heard analogously and disposed of by a common judgment.2. In the above two proceedings before the Tribunal constituted under Article 323B of the Constitution of India, the question that had fallen for determination was whether stores and spare parts for plant and machinery used for manufacturing taxable goods would fall within the meaning of consumable stores as used in Section 22(4) of the West Bengal Value Added Tax Act, 2003 (Vat Act) for the purpose of claiming Input Tax Credit (ITC) In the above two proceedings under Section 8 of the West Bengal Taxation Tribunal Act, 1987, the respondents challenged the decision of the State Government not to treat the spare parts of plant and machinery to be consumable stores and to r...
M/S Padrone Marketing (P) Ltd. Vs. Controller of Thika Tenancy and ors ...
Court: Kolkata Appellate
Decided on: Mar-11-2011
1. Instant writ petition has been filed assailing the judgment and order dated 23 rd December, 2008 passed by the West Bengal Land Reforms and Tenancy Tribunal in O.A. (P) No. 1389 of 2005 whereby the said learned Tribunal affirmed the judgment and order passed by the learned Additional Thika Controller, Kolkata to the effect that though there was no tenancy in respect of the portion of the property in question namely Premises No. 9 and 9/1, Sarat Bose Road, Kolkata 700 020 as claimed by one Srimati Surenga Devi, the said property was nevertheless a Thika property in view of the existence of Khatal as recorded in the Inspection Book of Kolkata Municipal Corporation and thus vested in this State. 2. Facts and circumstances giving rise to this writ petition are narrated hereinafter. 3. One Asit Kumar Ghosh (since deceased) of 47, Pathuriaghat Street, Kolkata, was the owner of the premises No. 9, Sarat Bose Road, Kolkata 700 020 (hereinafter referred to as the said property). On the death...
Sanjay Kumar Choudhury and Another. Vs. the State of West Bengal and A ...
Court: Kolkata Appellate
Decided on: Mar-11-2011
1. The petitioners are the Chief Vigilance Officer and Chairman-cum-Managing Director of Eastern Coalfields Limited respectively. They filed the above application inter alia, praying for quashing of the G.R. Case No. 794 of 2010 corresponding to Kulti Police Station Case No. 196 of 2010 initiated at the instance of the Respondent / Opposite Party No. 2 inter alia under Section 500,506 and 34 of the Indian Penal Code read with Section 7 of the prevention of corruption act. The Opposite Party No. 2 was an employee of Coalfields Indian Limited. While he was working as senior Accounts Officer the petitioners in their official capacity initiated disciplinary proceeding as against him on the charge of misconduct based on a complaint that he had irregularly certified a Bill amounting to Rs. 67,397/- in favour of M/s. Jai Guru Electrical without following the required guidelines.2. On September 12, 2007 the Chairman-cum-Managing Director issued a notice to show cause giving details of the impu...
Delta International Limited Vs. Mallika Investment Company Pvt. Ltd.
Court: Kolkata Appellate
Decided on: Mar-11-2011
1. Order no. 86 dated December 3, 2010 passed by the learned Judge, 4th Bench, City Civil Court at Calcutta rejecting the petition of the defendant/petitioner (hereafter Delta) under Section 10 of the Code of Civil Procedure (hereafter the Code) read with Section 151 thereof (hereafter the said petition) for stay of further trial of T.S. No.719 of 1999 is under challenge in this application under Article 227 of the Constitution.2. T.S. No. 719 of 1999, instituted in April, 1999 (the day of institution is in dispute but not relevant for a decision here) by the plaintiff/opposite party (hereafter Mallika) is a suit for recovery of arrear rents from Delta in a sum of Rs. 5,17,000/- as well as for mandatory injunction on Delta to pay and liquidate to the Kolkata Municipal Corporation and other appropriate authorities all arrear dues of municipal rates and taxes and other impositions over and in respect of the suit premises bearing Nos.4A, 4B and 4D, Council House Street, Police Station-Har...
Dibyendu Das. and ors Vs. the Hon’ble High Court at CalcuttA. and or ...
Court: Kolkata Appellate
Decided on: Mar-11-2011
1. Instant appeal has been preferred at the instance of the writ petitioner challenging the decision of the respondents for refusing the appointment of the appellant herein to the post of Civil Judge (Junior Division) in spite of empanelment in the merit list published on 23 rd March, 2008. 2. The writ petition filed by the appellant herein was heard along with several other writ petitions analogously and a learned Judge of this Court by the common judgment and order dated 10 th September, 2009 disposed of all the writ petitions including the writ petition filed by the appellant herein on merits without granting any relief to the appellant herein. The appellant herein is a law graduate and appeared in the West Bengal Judicial Service Examination 2007 pursuant to the advertisement issued by the Public Service Commission, West Bengal. The final result of the aforesaid examination was published by the Public Service Commission, West Bengal on 23 rd March 2008 and the appellant herein was ...