Kolkata Court March 2004 Judgments
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Sk. SalauddIn and ors. Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Mar-24-2004
Reported in: (2004)3CALLT463(HC),I(2005)DMC793
P.N. Sinha, J.1. This revisional application under section 482 of the Code of Criminal Procedure (hereinafter called the Code) has been preferred by the petitioners praying for quashing the criminal proceeding, being C.G.R: Case No. 3816 of 2000 under sections 498A/406/313/120B of IPC now pending in the Court of the learned Sub Divisional Judicial Magistrate (hereinafter called the SDJM), Alipore.2. Petitioners' contention is that, the opposite party No. 2 filed a complaint in the Court of learned SDJM, Alipore making allegation of persistent torture, ill-treatment on her demanding dowry against the petitioners. The said complaint was sent to O.C., Ekbalpur P.S. for investigation treating the complaint as FIR under section 156(3) of the Code and on the basis of it Ekbalpore P.S. ease No. 255 dated 15.11.2000 was started against the petitioners under sections 498A/406/313/307/120B of IPC. After completing investigation the police submitted charge sheet against these seven petitioners un...
ManiruddIn Ahmed Vs. the State of West Bengal
Court: Kolkata
Decided on: Mar-24-2004
Reported in: (2004)3CALLT426(HC)
P.N. Sinha, J.1. Leave to amend paragraph 3 of the revision application is granted.2. This revisional application under section 401 read with section 482 of the Code of Criminal Procedure (hereinafter called the Code) is directed against the order dated 24.11.03 passed by the learned Sub Divisional Judicial Magistrate (hereinafter called the SDJM), Krishnagar in G.R. Case No. 1090/2003 thereby rejecting prayer of the petitioner for return of the seized articles.3. The facts as it appears from the averments of the application are that, petitioner is proprietor of M/s. Neha Enterprise situated at Kaliachak and deals with import and export of goods. In course of his business on 27.07.02, he dispatched different kinds of copper materials in a private carriage bearing No. WB 73-1917 for delivery of the said materials at Cossipore in Calcutta. Nephew of the petitioner namely Bablu Ahmed was accompanying the driver of the vehicle. While the said truck was on its way to Calcutta, few miscreant...
Sunil Jhunjhunwala Vs. State of West Bengal
Court: Kolkata
Decided on: Mar-24-2004
Reported in: 2005(1)CHN189,[2005(105)FLR1214],(2005)IILLJ202Cal
Provendu Narayan Sinha, J.1. This revisional application is directed against order dated 6.11.03 passed by the learned Chief Metropolitan Magistrate, Calcutta, in Case No. C/5015/ 2003 thereby refusing the prayer of the petitioner for exemption from personal appearance under Section 205 of the Criminal Procedure Code.2. Heard learned Advocate for the petitioner as well as learned Advocate for the State. It appears that the learned Magistrate by order dated 25.8.03 took cognizance of the offence under Section 85(a)(i)(a) of the E.S.I. Act and issued process against the petitioner and others. On 6.11.03 an application under Section 205 of the Criminal Procedure Code was filed before the learned Magistrate but the learned Magistrate kept that petition pending and directed that the said application would be heard after their personal appearance.3. I am of the opinion that in case of such this nature, the accused can be permitted to be represented under Section 205 of the Criminal Procedure...
Pataka Biri Mfg. Co. Ltd. Vs. S.N. Biri Factory and anr.
Court: Kolkata
Decided on: Mar-23-2004
Reported in: 2004(3)CHN115,2005(3)PTC68(Cal)
Ashim Kumar Banerjee, J. 1. The instant suit was filed by the plaintiff against the defendants inter alia alleging infringement of trademark and copyright. The present application was made inter alia praying for injunction restraining the respondents from using the design of the labels being Annexures-A1 and A2 of the petition. When the application was initially moved this Court passed an order in terms of prayers (a) and (b) of the petition. Such order was passed on February 4, 2002 and is still subsisting. Now the matter came up for hearing before me and was heard by me on the abovementioned date.2. The plaintiff's the registered trademark and copyright holder of trademark and copyright of Pataka Biri as would appear from the certificate of registration annexed to the petition. The defendants were also the manufacturer of biri which was being sold at all material times with the mark Sahensha biri. Of late in 2001 the defendants started manufacturing and sale of biri in the name of Sa...
Haren Deoghoria Vs. State
Court: Kolkata
Decided on: Mar-23-2004
Reported in: 2004(3)CHN635
G. C. De, J.1. This appeal is directed against the judgment and order of eviction dated 14.8.96 and sentence dated 19.8.96 in Sessions Case No. 40 of 1995 (Sessions Trial No. 5 of 96) passed by learned Sessions Judge at Purulia. By the said judgment the learned Sessions Judge found the accused Haren Deoghoria guilty of offence punishable under Section 302 of the Indian Penal Code and convicted the accused thereunder and sentenced him to suffer rigorous imprisonment for life and also to pay a fine of Rs. 2,000/- i.d. to suffer further rigorous imprisonment for six months.2. Prosecution case in brief is that on getting an information about the injury caused to a person police party went to the field in village Bela Bandaha within P. S. Burrabazar, District Purulia at about 1.05 p.m. of 11.12.93 and recorded the statement of one Amar Deoghoria to the effect that he was assaulted by one Haren Deoghoria by means of knife and banti (vegetable cutting instrument). The statement was reduced in...
Commissioner of Cus. (Port) Vs. Settlement Commission, Cus. and C. Ex.
Court: Kolkata
Decided on: Mar-23-2004
Reported in: 2004(171)ELT455(Cal)
ORDERKalyan Jyoti Sengupta, J.1. Mr. Das, Ld. Sr. Counsel appearing for the respondent No. 10, who is the Director of the respondent No. 2, has taken a preliminary objection to entertaining of and/or proceeding with this writ petition filed by the Revenue against the decision of the Settlement Commission on the strength of a judgment of the Supreme Court, reported in : 1994(70)ELT45(SC) . He contends that the Revenue has come up with this writ petition against the decision of the Settlement Commission which is another wing of the Government Department and has been formed by and under the provisions of the Customs Act. According to him, the ratio of the aforesaid Supreme Court decision will have full application as the idea behind pronouncing the aforesaid judgment by the Apex Court was that the Government of India and/or its intra Department or the Government Undertaking should not fight against each other in order to save the valuable Government exchequer. According to him, the writ p...
Multiversity Vs. Vidhan Educational Society and ors.
Court: Kolkata
Decided on: Mar-22-2004
Reported in: 2004(3)CHN1
Ajoy Nath Ray, J. 1. The appeals before us have to be partly disposed of as a point of a preliminary nature has been urged at great length before us.2. The two appeals are from two decrees. The first decree was passed on a suit primarily instituted for the relief of injunction. The appellant/plaintiff averred to have entered into a contract with the respondent No. 1 for purchase of about 8 cottahs of their land. That piece of property along with the other property of the respondents was allegedly being threatened to be sold off to third party promoters; thus the first suit was filed.3. A second suit was thereafter filed for specific enforcement of the contract of sale. Both the suits have resulted in decrees of dismissal in the Court below.4. The first suit failed on the ground that the plaintiff should have claimed further reliefs and had not.5. The second suit failed on merits and the learned Judge could not be persuaded to come to the conclusion that there was a final and binding co...
Parbati Dasgupta Vs. Official Liquidator and anr.
Court: Kolkata
Decided on: Mar-22-2004
Reported in: (2004)3CALLT149(HC),2005(4)CHN161,[2006]130CompCas427(Cal),[2005]64SCL169(Cal)
Altamas Kabir, J.1. The appellant/petitioner claims to be a contributor and former Director of Solex Fasteners Pvt. Ltd., now in liquidation. In such capacity the appellant filed an application under Section 466 of the Companies Act, 1956 for permanent stay of an ex parte winding up order dated 30th January, 2002, and/or for recall of the order dated 14th August, 2001, admitting the winding up petition filed allegedly on behalf of the respondent No. 2, which was rejected by the Company Judge by his order dated 31st July, 2002.2. The main ground for the stay application was that the winding up petition had been affirmed by one Shri Ajoy Dalan, purportedly in his capacity as the constituted Attorney for the respondent No. 2, Lokenath Jeloka, who had not been heard of since 1989 and was legally presumed to be dead having regard to the provisions of Section 108 of the Indian Evidence Act, 1872. It was the case of the appellant/ petitioner that Shri Ajoy Dalan, being fully aware of the fact...
Mithlesh Kumar Vs. Shyam Lall Paik and ors.
Court: Kolkata
Decided on: Mar-22-2004
Reported in: 2005(2)CHN680
Amitava Lala, J.1. This revisional application is made under Section 397 read with Section 482 of the Code of Criminal Procedure.2. The contention of the applicant herein is that at the time of passing the order the learned Judicial Magistrate ignored the provisions of Section 197 of the Code of Criminal Procedure whereunder when a person of importance under such section wanted to be prosecuted connected with the discharge of the official duty, no Court shall take cognizance of such offence except with the previous sanction by the authority concerned. The learned Magistrate of the Court below held that publication of some defamatory matter allegedly springs out from his official course of duty. So it is amply clear that the complainant sought relief before this Court against the accused person for making false publication in a local weekly newspaper against him allegedly done by the accused person in discharge of his official duty, sanction under the aforesaid section is not required f...
Smt. Paromita Bandopadhyay Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-19-2004
Reported in: (2004)2CALLT144(HC)
B. Bhattacharya, J.1. By this writ application, the petitioner, a Library Instructor in Berhampore Girls' College which is a Government sponsored College, has prayed for declaration that Memo No. 1963-Edn.(CS)/3A-4/81 dated 29th December, 1981 prohibiting the employees of government sponsored colleges whose spouses are drawing house rent allowance from Central Government, State Government, autonomous public undertakings or semi-government organization such as Municipality, Port Trust, autonomous bodies such as nationalized banks, Life Insurance Corporation of India or other educational institution etc. from getting full house rent allowance does not affect her right as her husband being an employee of the State Bank of India, does not come within those categories and, as such, she is entitled to get full House Rent Allowance.2. Thus, a short question arises for determination in this writ application.3. The question is whether an employee of a State Bank of India can be brought within t...
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