Kolkata Court October 2004 Judgments
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Aekta Ltd. and ors. Vs. Neelam Lamboria
Court: Kolkata
Decided on: Oct-06-2004
Reported in: 2005(4)CHN423
P.N. Sinha, J.1. The point involved in this revisional application is whether during pendency of the magisterial action over a complaint filed by the opposite party as complainant praying for direction for sending the petition of complaint to Officer-in-Charge of a police station for causing investigation under Section 156(3) of Cr. PC; a second complaint over same set of facts and allegations filed by same complainant is maintainable.2. The facts giving rise to the revisional application as it appears from the revisional application and its annexures is that, the opposite party filed a petition of complaint in the Court of the learned Chief Metropolitan Magistrate (in short CMM), Calcutta which was registered as Case No. C/4941/01 and the opposite party complainant prayed for sending the complaint to the Deputy Commissioner of Police, Detective Department, Lalbazar, Calcutta for causing investigation under Section 156(3) of Cr. PC treating the complaint as FIR. It appears that in the ...
Sanjoy Kr. Roy Vs. State and ors.
Court: Kolkata
Decided on: Oct-05-2004
Reported in: 2005(1)CHN355
Jyotirmay Bhattacharya, J.1. The petitioner was appointed as a Clerk in Birati Vidyalaya for Girls on purely temporary basis on a fixed remuneration of Rs. 500/- per month with effect from 17.11.1998.2. It appears from Annexure P-3 to this writ petition that at the time of giving such appointment, an assurance was given to the petitioner that his claim for appointment on regular basis will be considered on priority basis when recruitment will be made to the said post of the Clerk in accordance with law.3. The petitioner claims that the petitioner is still rendering his service in the said post.4. The petitioner also claims that the petitioner possesses the requisite qualification for the post of Clerk. The petitioner also claims that he can also satisfy the other eligibility criteria for the said post.5. The grievance of the petitioner in this writ petition is against the school authorities as the school authorities have refused to allow the petitioner to participate in the selection p...
Rajab Ali Mondal and anr. Vs. State of W.B. and ors.
Court: Kolkata
Decided on: Oct-05-2004
Reported in: 2005(3)CHN106,(2005)IIILLJ562Cal
Amitava Lala, J.1. This writ petition is made by one driver and conductor of a bus No. WB/25A/0908 plying in the bus route No. 211 from two parts of the city of Calcutta (Kolkata). Petitioners are earning their, livelihood by plying such bus regularly for last six years. On 2nd August, 2004 one political party called 'Bandh'. The petitioners wanted to resume their respective duties on the day of 'Bandh' when the respondent owner refused to allow them to ply the bus on the ground that in case of casualty no compensation will be given by the respective Insurance Company since according to them 'Bandh' is illegal. However, after causing certain repairing works they placed the bus on the route on 4th August, 2004 when the concerned Registered Trade Union through their leader restrained them from plying the same. According to them, they should not be deployed in the duty for violation of their dictate on the 'Bandh' day. They further recommended other driver and conductor for the purpose of...
Naresh Mukherjee Vs. State of W.B. and ors.
Court: Kolkata
Decided on: Oct-05-2004
Reported in: 2005(3)CHN115
Amitava Lala, J.1. Therefore, disallowing the petitioners from earning their livelihood the Trade Union has caused grave injustice towards the members. I have no manner of doubt that they have taken the law in their own hands. It also appears that police has behaved like a silent spectator in spite of the intimation given to them. All elements of public law have been violated.2. Therefore, this Court has no other alternative but to dispose of the writ petition restraining the union from interfering with the livelihood of the petitioners in any manner whatsoever. The police will render all possible assistance to the owner as well as the driver and conductor of the vehicle in earning their livelihood whenever they are intimated to them. Since the question of law is called upon to discuss nobody has exchanged their affidavits. This order will have a binding effect upon the matter of W.P. No. 13332(W) of 2004 (Naresh Mukherjee v. State of W.B. and Ors.). Parties are entitled to take the gi...
Electrosteel Castings Ltd. Vs. Saw Pipes Ltd. and ors.
Court: Kolkata
Decided on: Oct-04-2004
Reported in: 2005(1)CHN612
Ajoy Nath Ray, A.C.J.1. This is an application for interim reliefs in aid of an appeal preferred from an interlocutory order passed on the 18th April, 2004, whereby the learned Judge, granted only one part of the prayers of injunction made by the plaintiff/appellant. An order was granted restraining defendants 2 to 7 from divulging secrets, but an order restraining them altogether from working with the first defendant was refused.2. The matter is pending final disposal before the Interlocutory Court and directions for affidavits have been given. However, the matter is due to appear again only in December this year. The appeal has been filed on grounds of urgency. In these circumstances, we propose to dispose of the appeal along with the application for stay and the appeal is, therefore, treated as on the day's list. Since the appeal is from an ad interim order only, it would not be right to keep the appeal pending and to allow subsequent interim order of the Interlocutory Court to wipe...
The State of West Bengal and ors. Vs. Madan Mohan Ghosh and ors.
Court: Kolkata
Decided on: Oct-04-2004
Reported in: (2005)1CALLT375(HC),[2005(105)FLR999]
Alok Kumar Basu, J.1. The State of West Bengal has preferred this appeal challenging the judgment and order dated 1st December, 2003 passed by the learned single Judge of this Court in connection with W.P. No. 16068(W) of 2003.2. The writ petitioner respondents filed the writ petition on the allegation that the Education Department did not consider their prayer to come under Pension Scheme from the Contributory Provident Fund Scheme in spite of their repeated requests and demand. The petitioners stated in their writ petition that since their joining in service in a non government aided institution, they were subscribers under the Contributory Provident Fund Scheme which was beneficial to their interest. The petitioners contended that with the fall of interest rate their continuation of membership under the Contributory Provident Fund Scheme has become disadvantageous to their financial interest. The petitioners have frankly admitted in their writ petition that in spite of option provid...
Achintya Ranjan Das and anr. and Ramendra Prasad Mukherjee Vs. the Sta ...
Court: Kolkata
Decided on: Oct-01-2004
Reported in: (2005)1CALLT221(HC)
Provendu Narayan Sinha, J.1. Both the appeals are directed against the judgment and order of conviction dated 15.12.1992 passed by the learned Special Judge, 1st Special Court, Midnapore in Sessions Trial No. 2/96 thereby sentencing the accused appellants Ramendra Prasad Mukherjee (appellant of CRA No. 59/92) to suffer Rigorous Imprisonment of 7 years for offence under Section 409 of the Indian Penal Code (in short IPC) and to pay a fine of Rs. 3,000/- in default to suffer Rigorous Imprisonment for one year. The said appellant was also sentenced to suffer Rigorous Imprisonment for three years and to pay a fine of Rs. 1,000/- in default to suffer Rigorous Imprisonment for six months for offence under Section 420 IPC. The accused appellant Achintya Ranjan Das (appellant of CRA No. 46/92) was sentenced to suffer Rigorous Imprisonment for seven years and to pay fine of Rs. 3,000/- i.d. to suffer Rigorous Imprisonment for one year for offence under Sections 409, 420, 109 of IPC He was furth...
The State Vs. C. Ronald and ors.
Court: Kolkata
Decided on: Oct-01-2004
Reported in: (2005)1CALLT296(HC)
Girish Chandra Gupta, J.1. This criminal appeal arises out of an order of acquittal passed by the learned Sessions Judge. Andaman and Nicobar Islands at Port Blair granting benefit of doubt to the accused persons. The prosecution story is as follows:1.1. On 26.11.1997 Sub-Inspector Abdul Salam received a secret information that in the evening of 25.11.1997 C. Ronald participated in a gambling in the house of one Manicaam at Bathu Basti. Some hundred rupee notes, sought to be used by him at the gambling were not accepted by the co-gamblers on the ground that they were fake, whereafter Ronald left the place. Upon receipt of the Information the S.I. Salam left the Police Station in search of C. Ronald who was caught at about 13.05 hours. Upon his body being searched four fake currency notes of Rs. 100 denomination bearing the same serial numbers namely IPQ-204124 were recovered from his chest pocket in the presence of two witnesses namely Thangaraj and Ramzan Ali. The notes were taken int...
Hopna Hansda Vs. State of West Bengal
Court: Kolkata
Decided on: Oct-01-2004
Reported in: 2005(2)CHN190
Gorachand De, J.1. Hopna Hansda filed this appeal against the judgment and order of conviction dated 3.12.93 and sentence dated 7.12.93 passed by the learned Sessions Judge, Malda in Sessions Trial No. 15 of 1993 arising out of Session Case No. 34 of 1992 in connection with Habibpur P. S. Case No. 31/89 dated 20.5.1989. By the said judgment, the present appellant was found guilty under Section 302 of the IPC, convicted thereunder and sentenced to suffer imprisonment for life and also to pay a fine of Rs. 2,000/- in default, to undergo RI for six months more.2. The prosecution case is that on 20.5.1989 at about 18.30 hours, (SIC) Gopinath Barman, Prodhan of Habibpur Gram Panchayet submitted a written complaint to the O. C. of the Habibpur P. S. alleging that one Lakshmi Ram Baskey informed him that while he along with his mother Dhangi Hansda, aged about 35 years, was proceeding towards Kenpukur hat for selling pork, she was attacked by the present appellant Hopna Hansda by means of one...
Commissioner of Income-tax Vs. Mukundray Kumar Shah
Court: Kolkata
Decided on: Oct-01-2004
Reported in: (2005)199CTR(Cal)633,[2005]278ITR425(Cal)
Altamas Kabir, J.1. This appeal at the instance of the Revenue is directed against the judgment and order dated April 5, 2004 (see : [2004]269ITR529(Cal) ), passed by the learned single judge on the writ application filed by respondent No. 1 herein, being W. P. No. 2445 of 2003. By the said judgment and order the learned single judge disposed of the writ petition and directed the Revenue authorities to release to the writ petitioner/ respondent 9 per cent. R. B. I. Relief Bonds, valued at Rs. 7.2 crores which had been seized during the search and seizure operation under Section 132 of the Income-tax Act, 1961, conducted at the residence of the writ petitioner/respondent No. 1, 2/2, Justice Dwarkanath Road, Kolkata 700 020, on August 24, 2000.2. An application for stay of the said directions contained in the order of the learned single judge has been filed in the appeal and has been taken up for consideration upon due notice to the writ petitioner/respondent. As will appear from the fac...
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