Kolkata Court September 2003 Judgments
Sabila Khatoon Vs. Safikul Sheikh
Court: Kolkata
Decided on: Sep-30-2003
Reported in: 2004(1)CHN89,2004CriLJ1601,II(2004)DMC405
Arunabha Barua, J.1. This criminal revision arises out of an application under Article 227 of the Constitution of India and also under Section 482 of the Code of Criminal Procedure, 1973.2. The case pertains to a claim of maintenance by a Muslim wife, Sabila Khatoon (the petitioner here in this revision) against her husband, Safikul' Sheikh, the opposite party here.3. The matter stood out before the learned Judicial Magistrate, 1st Class, Kandi, Murshidabad, when the said wife made an application under Section 125 Cr.P.C. claiming maintenance for herself from the O.P.-husband.4. Before the learned Magistrate both the husband and wife adduced evidence including documentary evidence to substantiate/ negate their claims. The learned Magistrate having considered the evidence on record found in favour of the wife, Sabila Khatoon and passed an order dt. 4.10.2001, made an order of maintenance to the tune of Rs. 300/-( three hundred only) per month from the opposite party-husband on and from ...
Tag this Judgment!Union of India (Uoi) and ors. Vs. Mahendra Prasad Dubey
Court: Kolkata
Decided on: Sep-30-2003
Reported in: 2004(1)CHN44
Ashim Kumar Banerjee, J.1. On July 7, 1986 a goods train namely K. P. Dock Special was passing through Naila Railway Station at about 21.08 hours. The train stopped for 14 minutes in absence of a green signal. The train was escorted by two security personnel namely one Sri B.K. Naik and one B. K. Singh. At that point of time the respondent being a R. P. F. constable was posted on the platform of the said railway station. The said train was carrying pig iron. Due to the stoppage of 14 minutes there had been a theft at the said railway station committed by two miscreants who were later on apprehended by the police authority along with the seized goods. According to the respondent when he was resting in his house next morning, he heard hue and cry, raised by the local people. He came out of his residence and found that the said accused persons were carrying pig iron in a handcart. The accused persons were arrested and brought to the railway police station. According to the respondents as ...
Tag this Judgment!Kanailal Das Vs. State of W.B.
Court: Kolkata
Decided on: Sep-30-2003
Reported in: 2004(1)CHN225,2004CriLJ3231
Arunabha Barua, J.1. The instant appeal is made against an order and judgment dated 30.9.88 passed by Sri A. K. Chatterjee, the learned Judge, Special Court (E. C. Act), Midnapore convicting the appellant under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 and sentencing him to R. I. for six months and to pay a fine of Rs. 1,000/-, in default, further S. I. for one month in D.E.B.G.R. Case No. 18 of 1984 arising out of Binpur Police Station Case No. 3 dated 7.7.84 for violation of paras 3 and 12 of Wheat and Wheat Products (Licensing, Control and Prohibition of Certain Classes of Commercial Transaction) Order, 1973.2. The case of the prosecution, briefly stated, is this. The complainant of this case Sri M.K. Barman, Inspector of Police, D. E. B., Midnapore on 7.7.84 made a complaint, which was treated as F.I.R. to the O. C., Binpur Police Station Dist. Midnapore. Acting on a secret information, the said Inspector along with his staff made a surprise raid on the godown of K...
Tag this Judgment!Sri Bhairav Roy Vs. Smt. Tripti Roy
Court: Kolkata
Decided on: Sep-30-2003
Reported in: (2004)1CALLT427(HC)
A. Barua, J.1. This revisional application under Section 482 of the Code of Criminal Procedure is directed against an order dated 4.8.2001 passed by the learned Additional session Judge, Kalna, Burdwan, in Criminal Motion No. 87 of 2001 which affirmed the order passed by the learned Judicial Magistrate, Kalna, Burdwan in C.R. Case No. 133 of 2000 under Section 498A, IPC.2. The fact of the matter is over a criminal proceeding under Section 498A of the Indian Penal Code. The wife Tripti Roy instituted the case being C.R. Case No. 143 of 2000 under Section 498A IPC of Monteswar Police Station. After investigation of the case the police submitted the final report in the said C.R. case. Being aggrieved and dissatisfied with the said final report submitted by the police, Tripti Roy submitted a 'Naraji' petition and on the basis of the petition, treating the same a petition of complaint the learned SDJM, Kalna, Burdwan took cognizance of the offence on 9.11.2000 and thereafter the learned Mag...
Tag this Judgment!Bhairav Roy Vs. Tripti Roy
Court: Kolkata
Decided on: Sep-30-2003
Reported in: 2004(1)CHN318
Arunabha Barua, J. 1. This revisional application under Section 482 of the Code of Criminal Procedure is directed against an order dated 4.8.2001 passed by the learned Additional Sessions Judge, Kalna, Burdwan, in Criminal Motion No. 87 of 2001 which affirmed the order passed by the learned Judicial Magistrate, Kalna, Burdwan in C. R. Case No. 133 of 2000 under Section 498A I.P.C.2. The fact of the matter is over a criminal proceeding under Section 498A of the Indian Penal Code. The wife Tripti Roy instituted the case being G. R. Case No. 143 of 2000 under Section 498A I.P.C., of Monteswar Police Station. After investigation of the case the police submitted the final report in the said G. R. Case. Being aggrieved and dissatisfied with the said final report submitted by the police Tripti Roy submitted a 'naraji' petition and on the basis of the petition, treating the same a petition of complaint the learned S.D.J.M., Kalna, Burdwan took cognizance of the offence on 9.11.2000 and thereaf...
Tag this Judgment!NabIn Agarwal and anr. Etc. Vs. C.E.S.C. Ltd. and ors.
Court: Kolkata
Decided on: Sep-30-2003
Reported in: AIR2004Cal227
ORDERPranab Kumar Chattopadhyay, J.1. All the three writ petitions bearing W.P. No. 1439 of 1999, W.P. No. 320 of 2001 and W.P. No. 2563 of 2001 have been assigned before this Court for final adjudication. All the aforesaid three writ petitions were heard analogously and are being disposed of by this common judgment as common questions of facts and law are involved.2. The petitioners in the writ petitions bearing W.P. No. 1439 of 1999 and W.P. No. 320 of 2001 have challenged the disconnection of supply of electricity by the respondents-CESC Ltd. and also prayed, for a direction upon the said CESC Ltd. for restoration of the supply of electricity at the premises in question.3. The other writ petition bearing W.P. No. 2563 of 2001 was filed at the instance of one of the tenants known as 'Ma Kali Metals Private Limited' for restoration of the supply of electrical energy at the industrial shed of the said tenant at a portion of the premises in question upon payment of a sum of Rs. 1,66,382...
Tag this Judgment!Kumar Plastics P. Ltd. and anr. Vs. West Bengal State Electricity Boar ...
Court: Kolkata
Decided on: Sep-29-2003
Reported in: AIR2004Cal42
ORDERPradipta Ray, J. 1. The petitioner No. 1 Kumar Plastics Pvt. Ltd. a company incorporated under the provisions of the Companies Act, 1956 is a consumer of electricity supplied by the West Bengal State Electricity Board (hereinafter referred to as the Board). The petitioner No. 2 is the Managing Director of the petitioner No. 1 company. In this writ petition the petitioner has challenged the provisional assessment made by the Superintendent Engineer, Commercial, Howrah District Circle upon allegation of mal-practice/theft/pilferage of energy, assessing provisionally an amount of Rs. 47,71,704/-payable by the petitioner company and demanding Immediate payment of 25% of the provisionally assessed amount upon threat of disconnection.2. It has been stated in this writ petition that the metering apparatus installed by the Board for the purpose of recording consumption of electricity are in a room kept under the lock put by the Board and the key of the said room containing metering appara...
Tag this Judgment!Seema Dasgupta Vs. Gopal Banerjee
Court: Kolkata
Decided on: Sep-29-2003
Reported in: 2004(1)CHN6
Subhro Kamal Mukherjee, J.1. This is to consider an application under Article 227 of the Constitution of India against the judgment and order dated January 17, 2003 passed by the learned Additional District Judge, Ninth Court at Alipore, District: South 24-Parganas in Civil Revision Case No. 71 of 2001 affirming order No. 57 dated December 14, 2000 passed by the learned Civil Judge (Junior Division). Third Court at Alipore, District: South 24-Parganas in Title Suit No. 151 of 1992.2. The plaintiff/petitioner instituted Title Suit No. 151 of 1992 in the Court of the learned Civil Judge (Junior Division), Third Court at Alipore, inter alia, for permanent injunction. It has been alleged that the said plaintiff has been a tenant in respect of one garage at northern portion of premises No. 64, Raja Basanta Roy Road, Calcutta-29 at a monthly rental of Rs. 200/- (Rupees two hundred) only according to English calendar. The plaintiff has been running a beauty parlour. The landlord arranged for ...
Tag this Judgment!Kumar Plastics Pvt. Ltd. and anr. Vs. West Bengal State Electricity Bo ...
Court: Kolkata
Decided on: Sep-29-2003
Reported in: 2004(1)CHN37
Pradipta Ray, J.1. The petitioner No. 1 Kumar Plastics Pvt. Ltd. a company incorporated under the provisions of the Companies Act, 1956 is a consumer of electricity supplied by the West Bengal' State Electricity Board (hereinafter referred to as the Board). The petitioner No. 2 is the Managing Director of the petitioner No. 1 company. In this writ petition the petitioners has challenged the provisional assessment made by the Superintending Engineer, Commercial, Howrah District Circle upon allegation of malpractice/theft/pilferage of energy, assessing provisionally an amount of Rs. 47,71,704/- payable by the petitioner company and demanding immediate payment of 25% of the provisionally assessed amount upon threat of disconnection.2. It has been stated in this writ petition that the metering apparatus installed by the Board for the purpose of recording consumption of electricity are in a room kept under the lock put by the Board and the key of the said room containing metering apparatus ...
Tag this Judgment!Sudhira Mondal Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Sep-29-2003
Reported in: 2005ACJ1457,AIR2004Cal270
Jayanta Kumar Biswas, J.1. This is an appeal under Section 23 of the Railway Claims Tribunal Act, 1987 (hereinafter referred to as 'the Act'). The appellant, who was the applicant before the Railway Claims Tribunal, Calcutta Bench (hereinafter referred to as 'the Tribunal'), is aggrieved by the order dated 9th July, 1996 passed by the Tribunal in her claim application (No. A/52/1996). By the impugned order the claim application was rejected on contest.2. The appellant is the widow of one Shib Prosad Mondal of 2, Bibekananda Colony, P.O. Bhattanagar (Liluah), in the District of Howrah of the State of West Bengal. On 25th November, 1995 at Howrah station of the Eastern Railway the C-252 down Bardhaman-Howrah (Chord) EMU Local met with an accident. The nature of the accident was that the train dashed against the dead end buffer of platform No. 6 at Howrah station. In consequence of the accident, which took place at 10.03 hrs., (a) the driving coach No. EF-10968 got mounted, (b) coach No. ...
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