Kolkata Court February 1997 Judgments
Ma Ananda Oil Mills Pvt. Ltd. and ors. Vs. W.B.F.C. and ors.
Court: Kolkata
Decided on: Feb-24-1997
Reported in: AIR1998Cal285,(1997)2CALLT224(HC)
ORDERSatyabrata Sinha, J.1. Both the aforementioned writ applications with the consent of the parties were taken up for hearing together and are being disposed of by this common judgment. 2. The fact of the matter is not much in dispute. 3. On 26th April, 1991 a term loan of 6.44 lacs was sanctioned by the respondent-corporation on terms and conditions contained in the sanctioned fetter which was released in between the period January, 1992 and May, 1992. The petitioner admittedly defaulted in making the quarterly instalments and on a prayer made for extension of repayment schedule, the moratorium period was extended by an order dated 20th July, 1993. On 18-2-94 and 22-8-94 the petitioner prayed for extension of time of moratorium period as also extension of time to pay principal and interest and by an order dated 5-10-94 the prayer for rephasement was allowed by the respondent-corporation. 4. The matter was, thereafter, referred to the Debt Recovery Committee of the Tribunal and by a ...
Tag this Judgment!Digambar Gope and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: Feb-24-1997
Reported in: 1997CriLJ2072
Gitesh Ranjan Bhattacharjee, J.1. In this death reference case this Court is required to consider whether the sentence of death imposed on the accused Digambar Gope by the learned Additional Sessions Judge, Purulia in Sessions Case No. 81 of 1986 (Tr. No. 26 of 1989) is to be confirmed under Section 366 of the Criminal Procedure Code. Four persons, namely, Digambar Gope, Sridam Gope, Pramila Gope and Mantu Gope were tried by the learned Additional Sessions Judge in respect of charge of murder framed against them under Section 302/34, I.P.C. The learned Additional Sessions Judge on trial acquitted the accused Mantu Gope but convicted the other three accused Digambar, Sridam and Pramila under Section 302/34, I.P.C. and for that conviction imposed death sentence on the accused Digambar Gope and life sentence on the other two accused Sridam Gope and Pramila Gope with fine of Rs. 1,000/- each. All the three accused persons who have been thus convicted and sentenced as stated have also prefe...
Tag this Judgment!indra Narayana Ganguly Vs. the State of West Bengal
Court: Kolkata
Decided on: Feb-21-1997
Reported in: (1998)1CALLT147(HC),1997CriLJ2870
N.K. Bhattacharyya, J.1. By these 4 revisions the accused has challenged the order of taking cognizance passed by the learned Judge, Calcutta, 3rd Special Court, by order No. 1 dated 27-6-94 in 4 cases, namely Case No. 9 to Case No. 12 of 1994.2. Accordingly, 4 revision cases have been moved challenging order No. 1 dated 27-6-94 passed by the learned Judge. Calcutta, 3rd Special Court, in those 4 cases and as the 4 revision cases, being Criminal Revision Case No. 455 to 458 of 1995, invoke the similar question of law, these 4 cases have been taken up together and disposed of by this Judgment.3. The short fact leading to the cases are that on the ground of criminal breach of trust by the petitioner in disbursing the salary of the staff of Home Department for the period from March, 1987 to September, 1990 involving an amount of Rs. 1,21,372.19 and for the month of August, 1990 regarding dlscrepency of an amount of Rs. 5,625.10. four FIR were lodged and the matters were assigned or referr...
Tag this Judgment!Sadhan Kumar Boral and anr. and Chittaranjan Das and ors. Vs. the Stat ...
Court: Kolkata
Decided on: Feb-21-1997
Reported in: (1998)1CALLT186(HC),1997CriLJ2117
N.K. Bhattacharyya, J. 1. The Criminal Revision Case No. 2578 of 1994 is directed against the proceeding in Case No. 3 of 1993 pending in the court of the learned Judge, 3rd Special Court, Calcutta and the Criminal Revision Case No. 1646 of 1994 is directed against the proceeding in Case No. 10 of 1993 pending in the court of the learned Judge, 1st Special Court, Alipore.2. In both the cases the revision has been filed for quashing of the proceeding under section 401 read with section 582 of the Code of Criminal Procedure.3. That in case No. 3 of 1993 upon which the Criminal Revision Case No. 2578 of 1994 has arisen, the petitioner No. 1 in that petition was an officer and the petitioner No. 2 was an employee of the State Bank of india. Netajl Subhas Road Branch, Calcutta. In 1988 for offences under section 5(2) read with section 5(I)(d) of the Prevention of Corruption Act, 1947 corresponding to 13(2) read with section 13(1) of the Prevention of Corruption Act, 1988 along with the offe...
Tag this Judgment!Biman Bihari Poddar Vs. the State and anr.
Court: Kolkata
Decided on: Feb-21-1997
Reported in: (1998)1CALLT111(HC)
N.K. Bhattacharyya, J.1. The Instant case arises out of an order No. 112 dated 13-9-94 passed by the learned Judge, 2nd Special Court, Calcutta in Case No. 1 of 1991 whereby the learned Judge rejected the contention of the petitioner that the petitioner is not a public servant and refused to drop the proceeding. 2. The short background of the case is that the petitioner was a clerk-cum-typist of the State Bank of India, Shyambazar Branch and the Detective Department, Calbazar, Calcutta, started a case against the petitioner upon a written complaint. The case was registered as Shyampukur P.S. (D.D.) Case No. 328 dated 9.9.87. The matter was investigated into and ultimately a charge-sheet was submitted against the accused petitioner for offence under sections 120B/409/467/468/471/477-A IPC and under section 5(1)(a) and 5(1)(d) read with section 5(2) of the Prevention of Corruption Act, 1988. 3. The learned Judge. 2nd Special Court, Calcutta, took cognizance on that charge-sheet. Thereaft...
Tag this Judgment!Madhusudan Sen and anr. Vs. the State of West Bengal
Court: Kolkata
Decided on: Feb-21-1997
Reported in: (1997)2CALLT229(HC)
Nripendra Kumar Bhattacharyya, J.1. This appeal is directed by the accused persons against the conviction and sentence under Section 302/34 Indian Penal Code passed in the judgment in Sessions Trial No. 12 of 1991 by the learned Additional Sessions Judge, 3rd court, Burdwan whereby the learned Sessions Judge imposed the sentence of life imprisonment for both the accused persons.2. The prosecution case, in short, is that on 19th Magh, 1394 B.S. corresponding to 3rd February, 1988 B.S. accused Madhusudan Sen and Kartick Sen committed murder intentionally causing the death of Panchanan Nayek son of late Kalipada Nayek at Sundarpur, P.G. Kalna, District Burdwan.3. The further case of the prosecution is that the houses of de facto complainant Nidhu Bala Nayek and the accused persons are facing each other divided by a courtyard. The two accused person, namely, Madhusudan Sen and Kartick Sen are the sons of Sarashi Sen and one Tusu Bala Sen is their sister. On the fateful day immediately afte...
Tag this Judgment!Road Transport Corporation and anr. Vs. Shri Satyanarayan Prasad Bhaga ...
Court: Kolkata
Decided on: Feb-21-1997
Reported in: (1997)2CALLT263(HC)
Sidheswar Narayan, J.1. This is a second appeal preferred by the defendants appellants, being the Road Transport Corporation, a partnership firm and the Branch Manager of the said Corporation, who are aggrieved of the Judgment dated March 31, 1990 passed by the Additional District Judge, third court, Burdwan, in Title Appeal No. 35 of 1995, whereby the said appeal was dismissed and the judgment and the decree of Title Suit No. 150 of 1980 passed by the trial court i.e. the Munsif, Second Court, Burdwan, in favour of the plaintiff/respondent was affirmed. The suit was for eviction of the appellants from the suit premises on the ground of reasonable requirement thereof by the respondent as also on account of default in payment of rent.2. The case of the plaintiff/respondent in brief is that he being the sole owner of the suit premises inducted the defendant-appellant No. 1 therein as his tenant at a monthly rental of Rs. 400 payable according to the English calender month for the purpose...
Tag this Judgment!Biswanath Digar and ors. Vs. Gopal Digar and ors.
Court: Kolkata
Decided on: Feb-21-1997
Reported in: (1997)2CALLT428(HC)
Sidheswar Narayan, J.1. This revlsional petition by the defendants, is directed against the order dated June 22, 1991 passed by the Additional Munsif, Ghatal, District Midnapur in Title Suit No. 46 of 1988, whereby their prayer for permission to adduce fresh evidence after remand of the suit was rejected. To be more specific, after the aforesaid suit was remanded by the appellate court to the trial court, the defendants-petitioners filed an application for inspection of the LTIs. said to have been given by the defendant O.P. No. 6 on summons/Wakalatnama/written statement with regard to an earlier snit being Title Suit No. 255 of 1970 as also to the subsequent one being Title Suit No. 46 of 1988 by a Finger Print/Hand writing Expert and for a report as such.2. The factual score depicts that a Title Suit No. 46 of 1988, being one for declaration of Title and injunction was filed by the plaintiffs-O.P. Nos. 1 to 5 and the same was earlier dismissed on contest against the defendants-petiti...
Tag this Judgment!Dunlop India Ltd. Vs. Cegat, Eastern Bench
Court: Kolkata
Decided on: Feb-21-1997
Reported in: 1997(93)ELT680(Cal)
V.K. Gupta, J.1. Arising out of an order passed by the Collector of Central Excise, Calcutta-II on 30th October, 1991, the petitioner preferred an appeal before the Customs, Excise and Gold (Control) Appellate Tribunal, Eastern Bench, Calcutta. Along with the appeal an application for stay was also moved by the petitioner. However, the stay matter having been heard by a Division Bench of a Tribunal. The two learned Members of the Bench differed on the question of staying the execution of the order appealed against before them inasmuch as, they passed differing orders regarding the amount of money to be deposited by the petitioner pending the disposal of the appeal before the Tribunal.2, The two Members having thus differed, a reference was made to the President of the Tribunal for entrusting the stay matter to a third Member. Third Member also vide his order passed on 26th June, 1995 returned the reference to the Division Bench for passing suitable order. In the meantime the petitioner...
Tag this Judgment!State of West Bengal Vs. Ashoke Bose
Court: Kolkata
Decided on: Feb-21-1997
Reported in: 1997CriLJ3436
Nripendra Kumar Bhattacharyya , J.1. The State has preferred this Govt. Appeal No. 6/94 against a judgment of acquittal of Asok Bose who was an accused in a case under Section 302 of the IPC passed by the learned Additional Sessions Judge, 1st Court, Howrah in S.T. Case No. II (July)/1993.2. The prosecution case, in short, is that Dipa Dutta (P.W. 4) and the victim Gopa Mitra were friends and they were to appear in Higher Secondary Examination in February, 1992. Both of them went to attend the coaching class of Basudeb Banerjee of Ballavbati as usual on 1-2-92 at about 6-30 to 7-00 a.m. and after finishing their study there both of them went to see a fair at Munsirhat. Thereafter they were returning home through the brick built village path of their village Bhursuit Bamunpara at about 10-30 a.m. The said village path runs from west to east from the village Bursuit Bamunpara and on the western end of that path Munsirhat Panpur Road runs, which is a motorable road. When both of them were...
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