Kolkata Court January 2004 Judgments
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Sujit Dolui Vs. State of West Bengal
Court: Kolkata
Decided on: Jan-30-2004
Reported in: 2004(4)CHN643
Amit Talukdar, J.1. This Criminal Appeal No. 82 of 2002 is directed against the judgment and order dated 14.2.2003 passed by the learned Additional Sessions Judge, 2nd Court, Birbhum in Sessions Trial No. 2 of August, 2002. The learned Trial Court by its impugned judgment convicted the condemned/ appellant in respect of the charge of section 302/201 of the Indian Penal Code and sentenced him to death.2. Death Reference No. 2 of 2002 was submitted in respect of the said conviction.3. On the basis of a chargesheet, submitted by P.W. 23, the condemned/ appellant was placed on trial before the learned Additional Sessions Judge to answer the following charges :Firstly, 'That you, on or about the 9th day of February, 1996 corresponding to 26th Magh, 1402 B.S. at Bhubandanga, within Bolpur P.S. did commit murder by intentionally causing the death of Purnadas Hazra alias Raghu and thereby committed an offence punishable under section 302 of the Indian Penal Code, and.........Secondly, 'That yo...
Kartick Das Vs. Sri Kamal Ghosh and ors.
Court: Kolkata
Decided on: Jan-29-2004
Reported in: (2004)1CALLT600(HC)
A.K. Mitra, J.1.This Miscellaneous Appeal has been preferred challenging the Judgment and order dated 19.1.1998 passed by the learned 10th Assistant District Judge, Alipur in Miscellaneous Appeal No. 276 of 1997 affirming the order dated 27.5.1997 passed by the learned Munsif, 2nd Court at Alipur in Miscellaneous Case No. 50 of 1996.2. The background of the case may be summarised in the manner as follows:The respondent Nos. 1 and 2 Sri Kamal Ghosh and Sri Amal Ghosh are the owners in respect of premises No. 208A, Rash Behari Avenue, Calcutta-29. Once Sri A.K. Dutta was the monthly tenant in respect of South Eastern Flat of the second floor of the said premises at a rental of Rs. 550.00 payable according to English Calendar month. The rent was being paid in two shares that is Rs. 275/- each to the respondent Nos. 1 and 2 (Sri Kamal Ghosh and Sri Amal Ghosh). It appears from the records that on July 1988 the respondent Nos. 1 and 2 filed Title Suit No. 338/88 in the Court of learned 2nd ...
Central Bank of India Vs. P.K. Agencies Limited
Court: Kolkata
Decided on: Jan-29-2004
Reported in: (2004)2CALLT170(HC),2004(4)CHN595,[2006]130CompCas680(Cal)
ORDERDilip Kumar Seth, J.1. In this appeal, the judgment and decree dated March 26, 1991, passed in Suit No. 297 of 1987 under Chapter XIII-A of the Original Side Rules (OS Rules) is under challenge. It is alleged that a sum of Rs. 20 lakhs was deposited with the bank by the plaintiff for being transmitted to a foreigner's account which was kept in fixed deposit and in respect of which the plaintiff had executed a document of lien. Ultimately, the Reserve Bank of India refused permission to transmit the amount to the foreigner's account. In the circumstances, the plaintiff was entitled to refund of the said amount, which the defendant bank, being the appellant herein, could not retain. In the circumstances, an application under Chapter XIII-A of the OS Rules was taken out by the plaintiff/respondent for a decree on admission through a summary procedure provided therein. The learned Judge, on the oral prayer of the plaintiff, had called for records from the Reserve Bank of India, which ...
Kalidas Biswas Vs. State of West Bengal
Court: Kolkata
Decided on: Jan-29-2004
Reported in: (2004)2CALLT389(HC)
A.K. Bisi, J.1. The instant revision application under Section 401 read with Section 482 of the Code of Criminal Procedure has been preferred by the petitioner Kalidas Biswas against the judgment and order dated 1.9.2000 passed by the learned Additional Sessions Judge, 4th Court, Barasat, North 24-Parganas in Criminal Appeal No. 21/ 98 affirming the judgment and order of conviction and sentence passed by the learned Sub-Divisional Judicial Magistrate, Barasat, North 24-Parganas on 18.9.98 in G.R. Case No. 1255/1985.2. The facts anterior to filing of the instant revision application may briefly be narrated thus: G.R. Case No. 1255/1985 was started on the basis of FIR lodged by Balai Chandra Biswas since deceased under Sections 419/420/466/467/468/34 of the Indian Penal Code raising allegations that one of his sons Kalidas Biswas presently thepetitioner in collusion with other accused persons executed and registered two deeds of gifts in his favour and in favour of his minor son and othe...
Gopasree Das and anr. Vs. Krishnendu Banerjee and ors.
Court: Kolkata
Decided on: Jan-22-2004
Reported in: 2004(3)CHN434
Arunabha Barua, J. 1. This revisional application arises out of an order dated 3.1.2001 passed by the 3rd Court of Judicial Magistrate, Alipore in CGR 580 of 1987 under Section 448/380 of IPC whereby evidence of prosecution has been made to be closed after taking evidence of PW. 4 on 22.2.2001 arising out of Bhowanipur P.S. Case No. 84 dated. 26.2.1987.2. Heard learned Advocates for both sides. Considered.3. The matter relates to a criminal case under Section 448/380 IPC against the accused/opposite party Nos. 1-4 of the instant revisional application.4. The trial of the case was underway and prosecution witnesses were being examined before the Court of the learned Magistrate.5. On 20.12.1999 the accused persons in the said CGR 580 of 1987 under Section 448/380 IPC filed a petition before the Court of the learned Magistrate stating that charge under Section 448/380 IPC had been framed against the accused persons on 7.7.1989, but the prosecution had not been able to examine all witnesse...
Madhu Intra Limited and anr., Vs. Registrar of Companies and ors.
Court: Kolkata
Decided on: Jan-22-2004
Reported in: 2004(3)CHN607,[2006]130CompCas510(Cal),(2008)4CompLJ50(Cal),[2005]58SCL160(Cal)
Altamas Kabir, J. 1. These three appeals have been taken up together for hearing and disposal as they involve a common question as to whether an order passed by the Company Court under Section 394(1) of the Companies Act, 1956, is a 'conveyance' and an 'instrument' under the Indian Stamp Act, and therefore, liable to stamp-duty.2. As will appear from the materials on record, an application was filed by Gemini Silk Limited and Anr. before the learned Company Judge, being company petition No. 74 of 2002, praying for sanction of a Scheme of Re-construction and/or Amalgamation pursuant to Sections 391, 392, 393 and 394 of the Companies Act, 1956. By his order dated 8th August, 2002, the learned Judge, inter alia, held that an order sanctioning such a scheme under Section 394 of the said Act is covered by the definition of the expressions 'conveyance' and 'instrument' under the Indian Stamp Act and was, therefore, liable to payment of stamp-duty. The learned Company Judge directed that the ...
Regional Provident Fund Commissioner Vs. Lux Hosiery Industries Ltd.
Court: Kolkata
Decided on: Jan-22-2004
Reported in: 2004(4)CHN531,(2005)IILLJ797Cal
D.K. Seth, J.1. In this appeal an ad interim order passed on November 6, 2003 in WP No. 2100 of 2003 has since been challenged. The ad interim order is couched in the order with the following expression, 'There will be an ad interim order in terms of prayer (a) of the petition'.2. Mr. Panja took a preliminary objection that this appeal is not maintainable in view of the subsequent order passed on December 18, 2003. He drew our attention to the text of the order viz: 'By consent of the parties, time to file the affidavit-in-opposition is extended till one week after the Christmas Vacation; reply, if any, two weeks thereafter. Let the matter appear as part heard on February 5, 2004. Interim order will continue until further order of this Court.' and contended that the interim order was extended by consent and, therefore, it is no more open to the appellant to press this appeal.3. We are unable to accede to this contention since the interim order was not a limited one, which required to b...
Smt. Sorasi Bala Mondal Vs. Satya Narayan Das and ors.
Court: Kolkata
Decided on: Jan-21-2004
Reported in: (2004)2CALLT207(HC)
Amitava Lala, J.1. From the concurrent findings of the Court of first instance as well as by the first Appellate Court in favour of the respondent-plaintiff, this appeal was preferred. I do not find in the record that any point was formulated at the time of admission of the appeal. However, such point may be formulated even at the time of hearing of the appeal. Three points were formulated from the Memorandum of appeal which are as follows:'XIII--For the Courts below ought to have held that the land as mentioned in Exhibit No. C-1 the Deed of Gift revealed the boundary which is conformity with the plots of land as mentioned in the Mouza Map Exhibit No. E-1 and thereupon ought to have dismissed the suit.XV--For that the Courts below ought to have held that the Deed of Gift (Ext. C-1) in all material respects tally with the lands contained in Ext. F(2) C.S. Khatian No. 72 and in Ext. G(1) R.S. Khatian and ought to have held that there was no discrepancy in establishing the land in the De...
Sabbir A. Arenpurwala Vs. B.K. Moulik and anr.
Court: Kolkata
Decided on: Jan-21-2004
Reported in: (2004)2CALLT485(HC),2006(1)CHN352
A.K. Bisi, J. 1. The Instant revisional application under Sections 401 and 482 of the Code of Criminal Procedure has been preferred by the petitioner Sabbir A. Arenpurwala against the order dated 3.6.1994 passed by the learned Metropolitan Magistrate, 17th Court, Calcutta in Case No. C/5/92 under Section 135 of the Customs Act, 1962 (hereinafter referred to as the Act).2. By the order impugned, the learned Metropolitan Magistrate, 17th Court, Calcutta, rejected the petition filed by the petitioner/ accused No. 2 on 2.2.93 praying for dropping the case against him and discharging him from the bail bond.3. It appears from the materials on record that the case under Section 135(1)(b)(ii) of the Act was initiated against the present petitioner along with another at the instance of the complaint, Sri B.K. Moulik, Superintendent of Rummaging Intelligence, Customs House, Calcutta, presently figuring as opposite party No. 1.4. It has been alleged by the complaint that on 26.6.1989, one Nani Sh...
Cesc Limited and anr. Vs. the Chief Post Master General and ors.
Court: Kolkata
Decided on: Jan-20-2004
Reported in: AIR2004Cal106,(2004)1CALLT362(HC),2004(2)CHN142
A.K. Banerjee, J.1. For the purpose of communication in the year 1898 Indian Post Office Act (hereinafter referred to as the 'said Act') came into force. Under the provisions of the said act the Postal Authority is to act as a media for the purpose of communicating between the individuals as well as various organisations under the said Act for despatch of postal articles. The addressor is to affix postage for such particular article the rate of which is to be fixed from time to time by the Union of India by virtue of Parliamentary enactment. By the said Act the Government was empowered to frame rules under the said Act. Accordingly, rules framed which are called as Indian Post Office Rules (hereinafter referred to as the 'said Rules'). Subsequently, the postal authority framed a guideline being called as 'Post Office Code' which was time to time amended.2. Under the post office guidelines any bulk consumer under the Indian Post Office Act has been given an opportunity to use a franking...
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