Kolkata Court September 2003 Judgments
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Barun Duley and anr. Vs. State of West Bengal
Court: Kolkata
Decided on: Sep-11-2003
Reported in: 2004(1)CHN524
Pravendu Narayan Sinha, J.1. This appeal preferred by the appellants is directed against the judgment and order of conviction by which they were sentenced to suffer rigorous imprisonment for 10 years each and to pay a fine of Rs. 10,000/- each i.d. to suffer rigorous imprisonment for 2 years each by the learned Additional Sessions Judge, Hooghly for the offence under Section 376(2)(g) of the I.P.C. in Sessions Trial No. 1 of 2000 (Sessions Case No. 398 of 1999) arising out of G.R. Case No. 1163 of 1997.2. Prosecution story in a nutshell, is that, the victim lady Smt. Arati Dufey (P.W. 1) came out of her house at about 10.00 P.M. on 27.9.97 for attending nature's call and at that time the appellants came near to her and the appellant Barun Duley gagged her mouth by a napkin and both of them lifted her and took away her over the land of Sukumar Bhattacharya surrounded by bush and forcibly made her lie thereon. The appellant Barun Duley caught hold of her legs and appellant Kalipada Duley...
Bijoy Kumar Chatterjee Vs. Minor Pradip Kumar Dutta and ors.
Court: Kolkata
Decided on: Sep-11-2003
Reported in: 2004(1)CHN243
Asit Kumar Bisi, J. 1. This is the appeal by the appellant against the judgment and decree passed by Shri T.K. Ghosh, learned Assistant District Judge, 2nd Court, Hooghly on 31-5-88 in Title Suit No. 50 of 1982.2. The facts leading to the instant appeal may briefly be narrated thus. The plaintiffs presently the respondents instituted a suit for specific performance of contract, delivery of possession of the suit property after execution of the sale deed and mesne profits against the defendants. In a nutshell the case of the plaintiffs as made out in this plaint is that the suit property originally belonged to one Amarnath Chatterjee of 487, Circular Road, P.O. & P.S. -- Shibpur, District - Howrah who possessed the same on payment of annual rent to the State and taxes to the Uttarpara-Kotrang Municipality. He intended to sell the suit property. Plaintiff No. 2 came to know about his intention and intended to purchase the suit property in her name and also in the name of plaintiff No. 1 ...
Sandip Kumar Sinha Vs. Nirmal Dutta and ors.
Court: Kolkata
Decided on: Sep-11-2003
Reported in: (2004)3CALLT603(HC),2004(3)CHN478
Dilip Kumar Seth, J.1. Prayer for extension of interim order has been made. An application for vacating the interim order has been filed by Mr. Ajit Panja on behalf of the respondents No. 1 to 5. Mr. Tapan Dutta on behalf of the respondent No. 7 has filed an affidavit-in-opposition. Now the matter is hotly contested.2. Mr. Sen has opposed the taking up of the application for vacating the interim order on the ground that it is not appearing in the list and that the matter is appearing for extension of interim order and not for vacating the interim order. Be that as it may, the question now before us is as to whether the interim order should continue or not. The grant of interim order is dependent on the prima facie case being made out. When the interim order was granted, on the facts of the case disclosed by the petitioner, we found that prima facie case was made out and as such we had granted the interim order. The suit is one for partition. Normally interim orders are granted in such ...
Jindal (India) Ltd. and anr. Vs. Assistant Commissioner, Commercial Ta ...
Court: Kolkata
Decided on: Sep-11-2003
Reported in: [2004]136STC492(Cal)
Aloke Chakrabarti, J.1. This writ petition was filed by the petitioner No. 1 company along with its one Joint Managing Director, being the petitioner No. 2 challenging the judgment and order dated February 28, 2002 of the Tribunal as also challenging the power of the respondents to levy tax on sale of cold rolled strips manufactured out of hot rolled strips and the assessment made on that basis.2. Petitioner No. 1 company carries on business, inter alia, of manufacturing steel pipes. In extension of its business, the company was manufacturing cold rolled strips from hot rolled strips since September, 1993 and it is registered dealer under Section 26(7) of the West Bengal Sales Tax Act, 1994. On an application made by the petitioner, the Assistant Commissioner, Commercial Taxes granted an eligibility certificate to the company on January 20, 1995 for the purpose of availing remission under Section 10G of the Bengal Finance (Sales Tax) Act, 1941 which was initially valid for a period of ...
Decon India Private Ltd. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Sep-11-2003
Reported in: 2005(2)ARBLR361(Cal),2005(2)CHN260
Subhro Kamal Mukherjee, J.1. All these applications are filed for termination of the mandate of the arbitrators and for appointment of the arbitrators instead and in place of the present arbitrators.2. Since similar questions of fact and law are involved in all the matters, by consent of the parties, all these applications are taken up for hearing together.3. In order to decide the said applications, I think that the circumstances in which the application in A.P. No. 140 of 2003 has been filed are required to be stated.4. The petitioner was awarded the work for construction of a road and a formal agreement was executed by and between the parties for the aforesaid purpose. Admittedly, the agreement contained an arbitration clause. The Chief Engineer, Central Public Works Department, in charge of the work at the time of dispute, has been the authority to appoint the sole arbitrator to deal with the matters. As the disputes and differences arose, the petitioner requested the Chief Enginee...
Sirajul Mirza Vs. State of W.B. and ors.
Court: Kolkata
Decided on: Sep-10-2003
Reported in: 2004(1)CHN35
Amitava Lala, J.1. It appears to this Court that the petitioner is working as Chowkidar under the concerned Zilla Parishad, About last 8 years he was allowed to receive a subsistence allowance without any intimation whatsoever. Only one intimation which has been given to the local Member of Parliament in 1995, is that as because a criminal case is pending before the appropriate Criminal Court being 77 of 1994 filed on 20.4.1994, he was kept under suspension. The date of aforesaid information to the Member of the Parliament is 6.7.1995. However, from a communication dated 3.4.1997 it appears that the petitioner was allowed to stay in the concerned Zilla Parishad quarter. But till date no information, no show cause, nothing of such nature was given to the petitioner. He ran from pillar to post and upon being dissatisfied filed this writ petition. None appears on behalf of the Zilla Parishad. The learned Counsel appearing for the State himself is astonished about the conduct of the author...
Chairman, Ad Hoc Committee, Calcutta District Primary School Council V ... Overruled
Court: Kolkata
Decided on: Sep-10-2003
Reported in: 2004(4)CHN455,[2004(102)FLR767]
Dilip Kumar Seth, J.1. In this appeal, stay of operation of the judgment and order appealed against has been asked for. The impugned order directed the District Inspector of Schools to regularize the service of the appellant in view of the facts and circumstances of the case.2. The learned Counsel for the appellant contends that the initial appointment of the petitioner/respondent being illegal, there is no scope for regularization. According to him, at a point of time when the petitioner was given appointment, there was no sanctioned post. According to him, the authority to give appointment by the Managing Committee of the school was deleted from the statute in the year 1974. Therefore, appointment given in 1997 cannot be regularized.3. The learned Counsel for the respondent, on the other hand, points out that after appointment was given to the petitioner, representations were being made showing that the strength of the school required more than seven teachers, whereas there were only...
Great Eastern Shipping Co. Ltd. Vs. Board of Trustees for the Port of ...
Court: Kolkata
Decided on: Sep-10-2003
Reported in: 2005(1)ARBLR389(Cal),2004(3)CHN37
Asok Kumar Ganguly, J.1. This appeal has been filed by the Great Eastern Shipping Company Limited a Company incorporated under the Companies Act, 1956, against the judgment and order dated 07.04.2003 passed by a learned Single Judge of this Court.2. By the impugned judgment, the learned Single Judge, inter alia, held that, in the facts and circumstances of the case, the Chairman of the Board of Trustees for the Port of Kolkata is entitled to appoint an arbitrator in accordance with the arbitration clause in Charter Party within a period of 4 weeks, from the date of communication of His Lordship's judgment and order and the appellants' prayer for reference of the application to the Hon'ble Chief Justice for appointment of an arbitrator was rejected.3. Since impugned judgment of the learned Single Judge has been stayed pending this appeal, no arbitrator has yet been appointed.4. The material facts of the instant case are that under a Charter Party dated 12.02.2002, the appellant gave on ...
Dr. Asish Kumar Das Vs. Smt. Kakali Das (Ghosh)
Court: Kolkata
Decided on: Sep-08-2003
Reported in: (2004)2CALLT321(HC)
G.C. De, J.1. By this application, the applicant-husband has prayed for review of the judgment and decree passed by the Division Bench of this Court in FAT No. 002 of 2003. The principle ground taken in this application, is that the real important issue in the case involved has not been decided by the Court and that the Court came to a finding on an issue which was not framed.2. The husband-applicant filed a suit for divorce against the respondent-wife under section 13((1)(ia) and (ib) of the Hindu Marriage Act, 1955 mainly on the ground of discretion and cruelty. The marriage took place on 12.12.1995 according to the Hindu rites and customs and a male child was born in the wedlock. The applicant-husband is a medical officer and the respondent is a school mistress at Port Blair. The specific allegations of the husband is that from the very beginning, the respondent showed her disliking to live in the matrimonial home with the parents-in-law and was persistently creating pressure upon t...
Jenson and Nicholson (India) Ltd. and ors. Vs. Seacem Paints (India) P ...
Court: Kolkata
Decided on: Sep-05-2003
Reported in: 2004(1)CHN305
Pradip Kumar Biswas, J. 1. Since in these two matters, common question of law and facts are involved, those are being disposed of analogously by this single order.2. In C.R.R No. 156 of 2003 petitioner M/s. Jenson & Nicholson (India) Ltd. and two others came up before this Court with an application under Section 482 of the Code of Criminal Procedure seeking for quashing of the proceeding in connection with Case No.C-3894/02(T.R. No. 1838/02) now pending before the Learned Judicial Magistrate, 2nd Court, Alipore, South 24-Parganas under Section 138 of the Negotiable Instruments Act, 1881 and all orders passed therein including orders dated 12.8.03 and 19.9.02.3. Similarly, in C.R.R. No. 157 of 2003, M/s. Jenson & Nicholson (India) Ltd., and two others have also come up before this Court with an application under Section 482 of the Code of Criminal Procedure seeking for quashing of proceeding in connection with Case No. C-3898/02 (T.R. No. 1837/02) now pending before the learned Judicial...
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