Kolkata Court December 1997 Judgments
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Dr. Buddhadeb Das and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-05-1997
Reported in: AIR1998Cal200
ORDERBasudeva Panigrahi, J.1. In this writ petition, petitioners sought a writ of mandamus against respondent commanding them to fill up the vacancy from the Scheduled Castes and Scheduled Tribes quota and seats meant for such candidates should not be filled up by the general candidates. The petitioners after completion of their studies in B.A.M.S. Ayurvedacharya from Calcutta University sought admission in M.D. (Ayurveda) Degree for Academic Session commencing from the year, 1997. It has been published by the Calcutta University in Clause 30 that 22% and 6% of the seats shall be kept reserved for Scheduled Castes and Scheduled Tribes candidates respectively. Two seats have been reserved for the scheduled Castes only in 'Kayachikitsa Course' for the year 1997. But no reservation has been made in other three different faculties namely (i)Samhka-Sharir (ii) Dravyaguna-Vijnan (iii) Roga-Vijnan & Vikritivijnan.2. The petitioners have further claimed that they are eligible for admission sin...
Hawa Hembram and ors. Vs. State of W.B.
Court: Kolkata
Decided on: Dec-05-1997
Reported in: 1998CriLJ3990
Surya Kumar Tiwari, J.1. This appeal is directed against the conviction and sentence recorded by Shri A.K. Dasgupta, Sessions Judge, Malda, in Sessions Trial No. 11 of 1990.2. The following facts are not in dispute in this appeal :Accused Hawa Hembram, appellant No. 1, died on 4-10-1990, as per report of the Jail authorities. The three appellants (including the deceased Hawa Hembram) are brothers. P.W. 3 Joshef Murnu is the cousin of the appellants'. P.W. 1 Sanjali Sorcn is the wife of P.W. 3 Joshef Murmu. Deceased Marangmayee was the sister and deceased Moti Tudu was the mother of P.W. 3 Joshef Murmu.3. The case of the prosecution is that accused Hawa Hembram (since dead) had a son and a daughter who had been ailing for some time. He called one Domon Kabiraj (A witch doctor) who treated them and told accused Hawa that Moti Tudu and Marangmayee were responsible for the illness of the two children. Ft is because of their witchraft that the children were ailing. On the same day the two c...
Giddu Alias Mongal Mudi (In Jail) Vs. the State of West Bengal
Court: Kolkata
Decided on: Dec-05-1997
Reported in: 1998CriLJ1798
K.J. Sengupta, J.1. This appeal has been directed against the judgment and order dated 7th July, 1989 passed by the learned Additional Sessions Judge, Sri S.K. Das, First Court, Midnapore, in sessions trial case No. VI of January, 1989.2. The appellant before us has been indicted and later on convicted by the impugned judgment and order to suffer life imprisonment for life for the charge under Section 302 of the Indian Penal Code. The prosecution was started pursuant to a complaint made by the P.W. 1 herein which is part of the FIR. The contents of the FIR in gist, is on 31st August, 1986 about 6.30 a.m. informant the PW-1 found a dead body of an unknown woman lying on her chest in the eastern side of the Chandmari Maidan, Kharagpur, District-Midnapore. It is suspected that she had been killed. One small frock, small pant of a baby and a printed saree was lying near the dead body. A three month old female baby was lying by the side of the dead body, in living condition. Pursuant to the...
State of West Bengal and ors. Vs. Smt. Tanwir Bano
Court: Kolkata
Decided on: Dec-02-1997
Reported in: (1998)1CALLT339(HC),[1998(79)FLR588]
P.S. Mishra, C.J. 1. This appeal under Clause 15 of th Letters Patent by the State and Us Officers is preferred against the Judgment in a proceeding under Article 226 of the Constitution of India by a single Judge of this court holding in a petition by the petitioner/respondent herein that the order of the Commissioner of Police, Calcutta, refusing to renew the licence under section 39 of the Calcutta Police Act. 1866 is not valid and. consequentially, directing the Commissioner of Police to pass a fresh orderafter supplying a copy of the reports that were used for refusing to renew the licence.2. That some orders have been passed against the petitioner/respondent by which she has been denied the renewal of licence on the basis of some materials which were not furnished to her, ex-facle would appear to be violative of principles of natural Justice. It would be too late in the day for any person to say that while exercising power under section 39 of the Police Act, 1866, the Commissione...
Sen Mukherjee and Co. Vs. Smt. Chhaya Banerjee
Court: Kolkata
Decided on: Dec-02-1997
Reported in: AIR1998Cal252
Ruma Pal, J. 1. M/s. Santosh Chandra Banerjee & Sons Private Limited (referred to as the company) was heavily indebted to the appellant. The company was under the management of the respondent's husband and father-in-law. In payment of a debt of Rs. 91,917.65, the respondent on 3rd Nov. 1967 agreed to sell Premises No. 24/1, Mandeville Garden (referred to as the premises) to the appellant for a total consideration of Rs. 1 lakh. The premises consists of a two storyed brick built residential house and 7 cottahs, 1 chittacks and 43 sft. of land. The consideration for the sale was to be paid partly by way of adjustment of the debt of Rs. 91,917:65 claimed by the appellant against the company and the balance sum of Rs. 9,908.37 by cheque at the time of execution and registration of the conveyance. However, on the request of the respondent, the amount of Rs. 9,908.37 was also made over by the appellant to the respondent. 2. The respondent having failed to complete the sale, in 1969 the appel...
Kamal Chatterjee Vs. the State of West Bengal
Court: Kolkata
Decided on: Dec-02-1997
Reported in: (1998)2CALLT98(HC),1998(1)CHN139
D.B. Dutta. J.1. The instant application under section 482 of the Criminal Procedure is directed against the order dated 15.9.97 passed by the learned Judicial Magistrate. Second Court. Sreerampore in G.R. Case No. 1336 of 1995 corresponding to Uttarpara P.S. Case No. 203 dated 5.11.95.2. The petitioner was posted as ward master in the Uttarpara General Hospital in the year 1995. On 5.11.95, a private individual (the opposite parly No.1) lodged a complaint with the O.C. Uttarpara Police Station alleging that while he was passing along the street, he noticed the petitioner bringing out some articles such as tin and polythene made empty gerlcan and sealed saline bottles from the campus of Uttarpara General Hospital and that a rickshaw puller was also present there at that time. It was alleged in the complaint that the petitioner was trying to sell the said articles of the hospital without any authority. On the basis of the said complaint. Uttarpara police case was started under sections ...
Shyam Sundar Ganeriwalla and Etc. Vs. Delta International Ltd. and anr ...
Court: Kolkata
Decided on: Dec-02-1997
Reported in: AIR1998Cal233
Satyabrata Sinha, J.1. Both these appeals arise out of a common judgment and decree passed by a learned single Judge of this Court in Suit No. 491 of 1985 instituted by Delta International Ltd. and another, inter alia, for eviction of the defendants-appellants and other reliefs.2. The basic fact of the matter is not in dispute.3. The plaintiffs' predecessor-in-interest Dewar's Garage (India) Pvt. Ltd. (In Short 'Dewar') was maintaining and running a Petrol Service Station for sale of motor spares and components at premises No. 4D, Council House Street, Calcutta. The said Service Station was equipped with requisite Plant and Machinery, Dewar had erected and built certain structures on the said premises. Allegedly an agreement termed as leave and licence was granted by Dewar in favour of Esso Standard Eastern Inc. (in short ESSO). As it was decided by Dewar not to continue to carry on business of Petrol Service Station, an agreement dated 18th July, 1970 was entered into with ESSO. By an...
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