Kolkata Court October 1996 Judgments
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In Re: Kusum Products Limited and anr.
Court: Kolkata
Decided on: Oct-11-1996
Reported in: [1999]98CompCas10(Cal)
Shyamal Kumar Sen, J.1. This is an application under Sections 391 and 394 of the Companies Act, 1956, for sanction of a scheme of amalgamation between the petitioners, Kusum Products Ltd. and Kusum Agrotech Ltd., (hereinafter referred to as 'KATL'), whereby and whereunder the entire undertaking of petitioner No. 2, Kusum Agrotech Ltd., together with all the assets and liabilities as a going concern will be transferred to and vested in petitioner No. 1, Kusum Products Ltd., on the terms and conditions fully mentioned in the scheme of amalgamation being annexure A to the petition.2. By an order dated June 28, 1995, direction was issued for holding separate meetings of the equity shareholders of the petitioner-companies to be held on August 4,1995, for the purpose of considering and if thought fit approving with or without modification the scheme of amalgamation and appointing a chairperson to convene and hold the said meetings and to report the results thereof to this court,3. The meetin...
Chotanagpur Industrial Gases (P.) Ltd. and ors. Vs. Commissioner of In ...
Court: Kolkata
Decided on: Oct-11-1996
Reported in: [1998]233ITR377(Cal)
Samaresh Banerjea, J. 1. The present writ applications have been heard analogously with items Nos. (3) to (9) as appearing under the heading 'for order', common question of law and fact being involved.2. In each of the writ applications, the petitioner has challenged an order passed by respondent No. 1, Commissioner of Income-tax, Central-II, Calcutta, under Section 127(1)/127(2) of the Income-tax Act, transferring all the cases of the petitioner from the present Assessing Officer in Calcutta to the Assessing Officer at Patna. Since the point which has been raised by the writ petitioner in the instant application really involved a pure question of law and both the parties have addressed the court in full on the questions of law even at the admission stage, I have decided to dispose of the writ application on such questions of law without any affidavit and the parties to the proceedings do not object to such proposal.3. The main challenge of the writ petitioner to the aforesaid order pa...
Ananda Manna Vs. State of West Bengal
Court: Kolkata
Decided on: Oct-09-1996
Reported in: 1997CriLJ310
Nripendra Kumar Bhattacharyya, J.1. By this appeal the accused Ananda Manna has challenged his conviction under Section 302 I.P.C. and sentence of life imprisonment and to pay fine of Rs. 10,000 only, in default, to suffer Rigorous Imprisonment for 2 years passed on 18-2-94, in Sessions Trial No. 1(3) of 1993, by the 2nd Additional Sessions Judge, Alipore, 24-Parganas (South).2. The background of the prosecution case is that on 18-9-90, at 1.45 hours one Somnath Manna lodged a complaint in Usthi Police Station within the District of 24-Parganas (s) under Section 302 I.P.C. which was recorded by Sub-Inspector of Police, Dilip Kumar Ghosh, (P.W.I 0) the then O. C. of the Usthi P. S. It was read over and explained to the said Somnath Manna and Somnath Manna put his signature on the same. The formal part of the F. I. R. were also filled up by the said sub-Inspector of Police, Sri Dilip Kumar Ghosh and he started Usthi P. S. Case No. 107 dated 17-9-92. and endorsed the investigation of the ...
Kishori Das Vs. State of West Bengal
Court: Kolkata
Decided on: Oct-09-1996
Reported in: 1997CriLJ315
Niprendra Kumar Bhattacharyya, J.1. The appellant Kishore Das in this' appeal has challenged his conviction under Section 302 of the Indian Penal Code and sentence of life imprisonment in the judgment dated 23rd February, 1994, passed in Sessions Trial No. 3(9) of 1992 by the Additional Sessions Judge, 10th Court, Alipore, 24-Parganas (South).2. The fact of the case, in short, is that the accused Kishore Das married a muslim lady Tamanna Begum who was married earlier to one Sekh Janu of Park Circus and in that coverture two daughters named Nazima and Sahanaz and a son named Naushad were born to her and Nazima is married to a person named Seikh Malik. Sahanaz is residing with her elder sister Nazima who has her house near DIP Road in the Hindu Gorasthan. The son Naushad is missing since he was at his age of 8 years.3. After marriage with Kishore Das Tamanna Begum assumed the name of Mira Das and their marriage took place at Kalighat according to Hindu rites. Kishore is a clothes-hawker ...
Bimal Adak and ors. Vs. State
Court: Kolkata
Decided on: Oct-08-1996
Reported in: (1997)1CALLT94(HC)
Rabin Bhattacharyya, J. 1. The point came to be debated at the bar is whether the submission of charge-sheet of a non-bailable offence entails forfeiture of right to anticipatory bail. The rival contention is that, that submission of the charge-sheet does not preclude or disentitle any petitioner to anticipatory bail merely because the charge-sheet has seen the light of the day. 2. In adjudging the rival contentions, it is worthwhile to mention, since loaded with legion of judicial precedents that there is a sharp distinction and difference between Sections 437 & 438 of the Cr. P.C. The considerations of granting post arrest bail and pre-arrest bail are mutually exclusive of each other impelling the court to consider the circumstances when such bail could be granted, Section 437 is fastened with discretion of the court which is patently absent in considering the application for anticipatory bail by court objectively. 3. In the matter of according the prayer for bail, the court should b...
AfzauddIn Ansary and 4 ors. Vs. the State of West Bengal
Court: Kolkata
Decided on: Oct-08-1996
Reported in: (1997)1CALLT415(HC); 1997(2)Crimes53(Cal)
Samir Kumar Mookherjee, J. 1. This criminal appeal is directed against the order of conviction and sentence passed by the learned Session Judge, Purulia in Session Trial No.20 of 1989 where the learned court convicted all the accused persons under Section 302 read with Section 149 of the IPC. They were also found guilty of the offences having been committed by them under Section 323 read with Section 149 of the IPC. They were sentenced to suffer life imprisonment, although no separate sentence was passed by the learned court under Section 320 read with Section 149 of the IPC. 2. The appellants, since affected by the decision of the learned court, have preferred the appeal for reversal of the order of conviction and sentence. In order to appreciate the contentions raised by the rival parties, it is worthwhile to give a brief resume of the facts though detailed by the learned court in his Judgment. 3. The factual exposure, as highlighted by the case of the prosecution, relates to chronic...
Bimaladak and ors. Vs. State
Court: Kolkata
Decided on: Oct-08-1996
Reported in: 1997CriLJ1969
R. Bhattacharyya, J.1. The point came to be debated at the bar is whether the submission of charge-sheet of a non-bailable offence entails forfeiture of right to anticipatory bail. The rival contention is that, that submission of the charge-sheet does not preclude or disentitle any petitioner to anticipatory bail merely because the charge-sheet has seen the light of the day.2. In adjudging the rival contentions, it is worthwhile to mention, since loaded with legion of judicial precedents that there is a sharp distinction and difference between Sections 437 and 438 of the Cr. P. C. The considerations of granting post arrest bail and pre-arrest bail are mutually exclusive of each other impelling the Court to consider the circumstances when such bail could be granted, Section 437 is fastened with discretion of the Court which is patently absent in considering the application for anticipatory bail by Court objectively.3. In the matter of according the prayer for bail, the Court should be c...
In Re: Smt. Tarulata Kala
Court: Kolkata
Decided on: Oct-07-1996
Reported in: 1997CriLJ1401
ORDERN.K. Bhattacharyya, J.1. Heard the submission of the learned Advocate for the petitioner Mr. S.S. Roy appearing with Mr. Prabir Kr. Mitra considered the materials on record. This revision under Section 401 /482 of the Cr.P.C. is against order No. 2 dated 5-9-1996 passed in Crl. Misc. Case No. 1354/96 by the learned Additional Sessions Judge, Contai, District Midnapore whereby the learned Sessions dismissed the application of the de facto-complainant for transfer of the case as made under Section 408 of the Cr.P.C. 1973.2. The short background of the case is that the de facto complainant is the mother of tie deceased Namita Das @ Laxmi Das, who was married to Shaymal Das. Some time on 4-2-1994, the said Namita Das was found hanging in her matrimonial home resulting in filing of an F.I.R. by the de facto-complainant, whereupon Coatai P.S. Case No. 36/94 dated 4-2-1994 was registered for an offence under Section 498/34/302/34 of the I.P.C. The investigation commenced and closed. Ther...
Prasanna Kumar Roy Karmakar Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Oct-04-1996
Reported in: (1997)1CALLT476(HC)
Vinod Kumar Gupta, J. 1. This is indeed an extra-ordinary case, as has also been observed by the Supreme Court while disposing of Civil Appeal Nos. 5099-5100 of 1996 (arising out of S.L.P(C) Nos. 16861-16862 16861-16862 of 1994) vide judgment dated 26.3.96. The facts are very interesting and intricate. However these are required to be stated to understanding and properly appreciate the entire gamut of the controversy between the parties and the extent to which the process of law has been abused by one of the litigants. 2. One Smt. Geeta Rani Roy filed a petition under Article 226 of the Constitution of India in this court against some persons, including Shri Prasanna Kumar Roy Karmakar, and Shri Robin Roy with respect to a portion of the property situated at 36, Gokul Boral Street, Calcutta-700012. It was alleged in this petition by the petitioner Smt. Geeta Rani Roy that she had bought this property and that interference was being caused in her possession of the property by the privat...
Badal Gomes Vs. MartIn Arinda and anr.
Court: Kolkata
Decided on: Oct-04-1996
Reported in: 1997CriLJ561
ORDERN.K. Bhattacharjee, J.1. This revision under Article 227 of the Constitution of India is directed against the order dated 14-1-92 passed by the learned Sub divisional Magistrate, Ranaghat, Nadia, in M.P. Case No. 25 of 1992 in Misc. Case No. 6(111) of 1992, arising upon an application under Section 144 of the Code of Criminal Procedure at the instance of one Maretina Arina, first party in that petition against the second party Badal Gomes alleging, inter alia, that the second party member by depositing brick and sand upon the passage located on the 20 decimals of land in plot no. 670 caused inconvenience to the first party. The police report was called for and thereafter a proceeding under Section 144 of the Code of Criminal Procedure was drawn up and certain orders were passed by the learned Magistrate. Even thereafter it was alleged that the second party members were trying to raise construction on that land which was a vacant one and the learned Magistrate by his order dated 14...
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