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Kolkata Court September 2003 Judgments

Sep 26 2003

Smt. Chandana Guha Roy Vs. Goutam Guha Roy

Court: Kolkata

Decided on: Sep-26-2003

Reported in: AIR2004Cal36,I(2005)DMC607

ORDERArun Kumar Mitra, J.1. This revisional application has been made challenging the Order No. 21 dated 4-2-2002 passed by the learned Addl. District Judge, 5th Court, Alipore in Misc. Case No. 5 of 2001 arising out of MAT Suit No. 54/2000. The husband/O.P. filed a Matrimonial Suit being MAT Suit No. 54/ 2000 praying for divorce. The petitioner got married with the respondent and the marriage was solemnised according to Hindu Rites and Customs on 9-4-1998. The petitioner alleged that she was sent to have parental home by the husband-respondent on 26-7-2000 and the petitioner had to depend on her father. The petitioner did not pay the single farthing to the petitioner even if when she became ill, her medical expenses were not also borne by the husband. According to the petitioner, she was tortured when she was in the matrimonial home and ultimately when the petitioner was forced to go to her parental house the respondent did not pay or did not look after the petitioner and as such the ...

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Sep 26 2003

Chaitannya Chandra Bera Vs. State of W.B. and ors.

Court: Kolkata

Decided on: Sep-26-2003

Reported in: 2004(1)CHN76

Rajendra Nath Sinha, J.1. This is an application under Section 482 of the Code of Criminal Procedure for quashing of the proceedings arising out of the Baharampur P. S. Case No. 54/99 dated 18.02.99 under Sections 406/409/420 of the Indian Penal Code corresponding to G. R. No. 190/99.2. The petitioner works for gain as medical technician in the department of the Baharampur District Hospital (Sadar). He was attached there for quite a long time in the aforesaid capacity. It is revealed that a complaint was lodged on 18.02.99 by one Dr. Debi Sankar Mishra being the Chief Medical Officer of Health, Murshidabad alleging inter alia the following against Dr. Debabrata Mukherjee, the then Superintendent of Baharampur District Hospital, alleging non-maintenance of any stock account of used X-ray films as well as hypo-solutions resulting loss of Government revenue to the tune of Rs. 40,000/- only due to non-disposal of the said items by inviting tenders for the years 1985-87.3. The aforesaid com...

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Sep 26 2003

Basana Roy Vs. the State of West Bengal and ors.

Court: Kolkata

Decided on: Sep-26-2003

Reported in: (2004)1CALLT591(HC)

S.P. Talukdar, J.1. The present writ application under Section 226 of the Constitution of India is directed against the Judgment and order dated 2nd May, 2003 passed by the West Bengal Land Reforms and Tenancy Tribunal, hereinafter referred to 'as the Tribunal', in O.A. No. 2908 of 2002.2. Grievances of the writ petitioner may briefly be stated as follows:The petitioner purchased land in 1984 situated in Mouza-Purba Khamar Simulia, P.S. Hanskhali in the District-Nadia being R.S. Khatian Nos. 1421, R.S. Dag Nos. 650, 651, 652, 655 comprising of an area of 1.77 acres out of 2.86 acres from the recorded owners Sri Ashim Kumar Sarkar and others, being the heirs of the recorded owner Nihar Ranjan Sarkar, through a Registered Sale Kobala. After such purchase, the petitioner got possession of the land and started paying rent to the Government and the Government accepted the same. Petitioner, applied for correction of Records of Rights and the concerned authority duly corrected the Record of R...

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Sep 24 2003

Caldern Pharmaceuticals Ltd. Vs. Commissioner of Income-tax

Court: Kolkata

Decided on: Sep-24-2003

Reported in: (2004)187CTR(Cal)365,[2004]265ITR244(Cal)

1. This appeal, at the instance of the assessee, is directed against the judgment and order dated July 30, 2002, of the learned Income-tax Appellate Tribunal in I.T.A. Nos. 507 and 508 (Cal) of 1993 in respect of the assessment years 1993-94 and 1994-95, upholding the views expressed by the Assessing Officer and the Commissioner of Income-tax (Appeals) upon holding that the facts disclosed is a clear case of diversion of funds to the assessee's sister concern.2. Appearing in support of the appeal, Mr. J.P. Khaitan, learned counsel, submitted that the assessee was a manufacturer of drugs, medicines, chemicals and other pharmaceutical products and was marketing the same prior to the month of February, 1986, throughout India by its own efforts and through its own organisation.3. However, finding it difficult to look after both the manufacture and marketing of the aforesaid goods, the assessee entered into an agreement on February 20, 1986, with its sister concern, M/s. Caldern (Marketing)...

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Sep 24 2003

Kirtichand @ Bideshi Gope Vs. State of West Bengal

Court: Kolkata

Decided on: Sep-24-2003

Reported in: 2004(1)CHN417

P.N. Sinha, J.1. This appeal is directed against the judgment and order of conviction by which the appellant was sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 2000/-, in default to suffer rigrous imprisonment for two years for the offence under Section 302 of I. P. C. by the learned Sessions Judge, Purulia in Sessions Trial No. 1 of 1997 (Sessions Case No. 117 of 1996) and being aggrieved by and dissatisfied with the order of conviction and sentence the appellant has preferred the instant appeal.2. The prosecution case, in short as it appears from materials on record is that, Ashari Gope (the deceased) aged about 14 years was married with the appellant Kirtichand @ Bideshi Gope in Jaistha 1401 B. S. Ashari Gope came to her father Ashutosh Gope's (P. W. 1) house in Sravan and she returned to her in-laws house in Ashwin. On 22.10.94 at morning P. W.1 received news of death of his daughter Ashari from Umesh Gope (P. W. 2) of Talmu village. Receiving the news ...

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Sep 24 2003

Joynath Victor De Vs. Indian Airlines Limited and ors.

Court: Kolkata

Decided on: Sep-24-2003

Reported in: 2008(1)CHN965

Ashok Kumar Mathur, C.J.1. This is an appeal directed against the order passed by a learned Single Judge dated 18th August, 1999 whereby the learned Single Judge dismissed the writ petition of the petitioner. Aggrieved against that order the present appeal has been filed by the appellant.2. Brief facts which are necessary for disposal of this appeal are that the petitioner was a flight purser of the Indian Airlines and he has been serving since 1968. On 4th April, 1996 the petitioner was on duty on Flight No. IC-770. This flight on the said while scheduled to take off for Calcutta from Bhubaneswar developed some technical fault, the flight could not take off. The Indian Airlines made arrangements for lodging all passengers and crew members in a hotel at Bhubaneswar. At Bhubaneswar the petitioner fell down inside the hotel and broke his leg. Thereafter he was taken to Calcutta by the next day morning flight. The petitioner claimed for accident and disability leave for 92 days from 15th ...

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Sep 23 2003

Subhas Chandra Kamilya Alias Kamila Vs. S.C. Mukhopadhyay and anr.

Court: Kolkata

Decided on: Sep-23-2003

Reported in: (2004)1CALLT82(HC)

D.P. Sengupta, J.1. The present revisional application has been directed against the judgment and order dated 4.2.92 passed by the learned Additional Sessions Judge, 4th Court, Midnapore in Criminal Appeal No. 38 of 1991 thereby dismissing the appeal and affirming the judgment and order of conviction and sentence dated 30.3.91 passed by the learned SDJM, Contai in C.R. case No. 336 of 1975 convicting the accused petitioner under Section 87 of the Gold Control Act, 1968 and sentencing him to suffer R.I. for one year and to pay a fine of Rs. 1000/- in default to suffer R.I. for 3 months.2. The prosecution case in brief is that the shop of the accused under the name and style 'M/s. Gangamoni Jewellery House', the residence of the accused and the Locker of the accused Subhas Kamila were searched on 19.2.74, 20.2.74 and 28.2.74 by the officers of the Gold Cell, Central Excise and there was recovery of gold ornaments and articles from all the three places. Thereafter, the Gold Control Act fi...

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Sep 23 2003

Ashok Kumar Singh Vs. State of West Bengal and ors.

Court: Kolkata

Decided on: Sep-23-2003

Reported in: AIR2004Cal46

ORDERPranab Kumar Chattopadhyay, J.1. The petitioner has filed the present writ petition challenging the Inaction on the part of the police authorities for not taking steps to recover the vehicles/ trucks bearing registration Nos. WB-11A-2658, WB-11A-2659, WB-IIA-2665 and WB-11A-2542 which according to the petitioner have been forcibly taken away by the hired men engaged by the financier company, namely, Ashok Leyland Finance Limited, the respondent No. 4 herein.2. According to the petitioner, the aforesaid vehicles were loaded with cement and the same were stopped by the hired antisocial persons engaged by the financier company, namely, the respondent No. 4 near Alampur More within the Sankrail Police Station, Howrah, and thereafter the said vehicles are forcibly taken away by those hired persons. It has also been alleged by the petitioner that those vehicles have been kept in the garage of the respondent No. 5.3. It has been submitted on behalf of the writ petitioner that initially f...

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Sep 23 2003

Apurba Kumar Nandy Vs. Tirthankar Ganguly and anr.

Court: Kolkata

Decided on: Sep-23-2003

Reported in: 2004(1)CHN592

Pradip Kumar Biswas, J.1. By filing this application under Section 401 read with Section 482 of the Criminal Procedure Code, one Sri Apurba Kumar Nandy, petitioner herein, has come up before this Court seeking for quashing of the proceeding being Case No. 1091-C of 2000 under Section 420 of the Indian Penal Code now pending before the ld. Judicial Magistrate, 5th Court, Howrah.2. The short facts leading to the filing of this application are as under.3. The present petitioner is the proprietor of M/s. Narayan Engineering Construction. It has been alleged by the petitioner that the above complaint case under Section 420 of the Indian Penal Code was filed before the Court of the ld. Chief Judicial Magistrate at Howrah alleging therein that the complainant company namely M/s. Quality Engineering (Baroda) Pvt. Ltd. has supplied the well power and remote control etc. to one M/s. Tools and Abrasives Centre and as per the request of the complainant, the Tools and Abrasives Centre delivered two...

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Sep 22 2003

Bijan Behari Manna Vs. Sudhir Chandra Maity and ors.

Court: Kolkata

Decided on: Sep-22-2003

Reported in: 2004(1)CHN19

D. K. Seth, J.1. This appeal will be heard.Let the records be called for.Notice need not be issued since Mr. Roy appears on behalf of the respondents. Re: CAN 8170 of 20032. When this application was being opposed by Mr. Roy, virtually he had addressed on the merit of the appeal. Mr. Roychowdhury when contesting the same had also addressed the Court on merit of the appeal itself. Therefore, by consent of parties, the appeal is treated as on day's list for hearing.3. It appears that in a suit for partition, the respondents had filed an application for injunction. Though this application for injunction was pending for a long time but no interim order was granted for some reason or other. The appellant filed an application under Section 24 of the Code of Civil Procedure (CPC) before the learned District Judge, whereupon the records were called for by the learned District Judge. C. O. 1761 of 2003 was moved by the respondent before this Court. This was disposed of on 20th August, 2003. In ...

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