Kolkata Court March 2004 Judgments
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Daily Passengers' Association Vs. State of West Bengal and Ors.
Court: Kolkata
Decided on: Mar-19-2004
Reported in: III(2004)ACC238,(2004)2CALLT192(HC),2004(4)CHN487
Bhaskar Bhattacharya, J.1. By this writ petition, Daily Passengers' Association, Bishnupur, a registered, association of daily passengers, has prayed for direction upon the respondents not to give effect to the order dated 15th December, 2003 signed by the District Magistrate and issued by the Regional Transport Authority by which the concession given to daily passengers has been reduced to 30% from previous concession of 50% of the existing fare.2. Mr. Khan, the learned advocate appearing on behalf of the State Transport Authority and Mr. Chattopadhyay, appearing on behalf of the Bus Owners' Association, have raised a preliminary objection as to the maintainability of this writ application.3. Both of them have contended that the concession being granted on the basis of agreed decision of the Bus Owners' Association on the request of the Passengers' Associations with the intervention of Regional Transport Authority, the petitioner has no right to file a writ application inasmuch as the...
Sukumar Mukherjee and Baidyanath Halder Vs. Malay Kumar Ganguly and an ...
Court: Kolkata
Decided on: Mar-19-2004
Reported in: 2004(3)CHN187
Gorachand De, J.1. Professor (Dr.) Sukumar Mukherjee and Professor (Dr.) Baidyanath Halder were found guilty under Section 304A of the Indian Penal Code and each of them was sentenced to suffer simple imprisonment for three months and also to pay a fine of Rs. 3000/-, in default, to suffer further simple imprisonment for 15 days by the judgment and order dated 29.5.2002 passed by the learned Chief Judicial Magistrate, Alipore in Complaint Case No. C-3882 of 1998. The learned Magistrate, however, found professor (Dr..) Abani Roychowdhury not guilty under Section 304A of the Indian Penal Code and accordingly, acquitted him.2. Against the said order, professor Mukherjee filed Criminal Appeal No. 55 of 2002 and professor Halder filed Criminal Appeal No. 54 of 2002 before the learned Sessions Judge at Alipore, whereas the complainant, Mr. Malay Kumar Ganguly, on the other hand, filed a revisional application being C.R.R. No. 1856 of 2002 for enhancement of the punishment inflicted upon prof...
Abp Private Ltd. Vs. Commissioner of Customs
Court: Kolkata
Decided on: Mar-18-2004
Reported in: 2004(168)ELT161(Cal)
ORDERKalyan Jyoti Sengupta, J.1. This writ application was filed at certain point of time when the machine in question did not arrive in this country nor it was discharged at the port of this country. The Customs Notification No. 164 of 2003 dated 11th November, 2003 is under challenge in this application on various grounds, namely the same is ultra vires Section 25 of the Customs Act so much so that it does not conform to the standard and norms of Article 14 of the Constitution of India, meaning thereby exercise of this power while withdrawing exemption granted earlier from payment of duty for import of the subject is not in public interest and rather whimsical and arbitrary. Furthermore, the petitioner is treated with hostile discrimination, while a section of printing press established has been without any intelligible differentia.2. When the writ application was moved I did not pass any anticipatory interim order rather I gave direction for filing affidavits to sort out this matter...
Radhamani India Ltd. Vs. Imperial Garments Ltd. and anr.
Court: Kolkata
Decided on: Mar-18-2004
Reported in: AIR2005Cal47,(2005)3CALLT1(HC)
ORDERJayanta Kumar Biswas, J.1. By this application the decree-holder seeks execution of a decree that has been filed in this Court under Section 44A of the Code of Civil Procedure, 1908 (in short 'the CPC ').2. The decree was passed on April 10th, 2001 by the learned Subordinate, Judge, 1st Court at Dhaka in Money Suit No. 30 of 1994. The suit was filed by the decree-holder against the judgment-debtors. The decree was for US$ 55,669.20 with interest at the rate of 18% per annum till realization. Judgment-debtor 1, preferred an appeal against the decree. Judgment-debtor 2, however, did not prefer any appeal. In the appeal (F.A. No. 365 of 2001) order was passed to stay the operation of the decree. For execution of the decree the decree-holder did not apply to the Court which passed the decree. On the contrary, it filed the certified copy of the decree under Section 44A of the CPC in this Court and applied for its execution under Order 21, Rule 11 (2) of the CPC on April 24th, 2002. By ...
Ktc Korea Co. Ltd. Vs. Hobb International Private Ltd.
Court: Kolkata
Decided on: Mar-18-2004
Reported in: (2005)2CALLT556(HC),[2006]131CompCas102(Cal)
J.K. Biswas, J.1. The petitioner has filed this application for enforcement of a foreign award. The foreign award dated January 14th, 2002 was made in Korea. This application was filed on July 28th, 2002.2. The respondent has filed opposition dated September 4th, 2002. The petitioner has filed a reply dated September 13th, 2002. It has also filed supplementary affidavits dated September 26th, 2003 and October 23rd, 2003. The respondent has filed a counter affidavit dated November 17th, 2003 to such supplementary affidavits. It has taken the plea that the application is liable to be dismissed for non-compliance with the requirement of Section 47(2) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as 'the Act'), and in any event, enforcement of the award should be refused on the grounds mentioned in Clause (c) of Sub-section 1 and Clause (b) of Sub-section 2 of Section 48 of the Act.3. Mr. Mitra appears for the respondent. He submits that the petitioner has failed t...
Ashoke Giri and anr. Vs. State of West Bengal
Court: Kolkata
Decided on: Mar-17-2004
Reported in: (2004)2CALLT401(HC)
S.K. Gupta, J. 1.his appeal has been preferred against the order of conviction passed under Section 304 part II/34 of the Indian Penal Code where by the learned Additional Sessions Judge, Midnapore in Sessions Trial Case No. XI of September, 1988 convicted the accused persons to undergo sentence of rigorous imprisonment for four years and to pay fine of Rs. 1,000/- each in default to Rigorous Imprisonment for two months each. Being aggrieved and dissatisfied with the said order of conviction, present appeal has been preferred.2. The circumstances leading to the Sessions case is that on 29.05.1987 at about 8.15 a.m. a written complaint was submitted by one Subimal Kumar Giri to the O.C. Contai Police Station wherein he has stated that his uncle Abanti Kumar Giri had a Panbaroj near his house. As there was occasional theft for the last one year from the baroj so, Abanti's sons used to guard it with lathi and torch during the night. On 28.05.1987 at about 11.30 p.m. Abanti's sons Ghanashy...
Ashis Kumar Ghosh and ors. Vs. Gopal Chandra Ghosh, Being Dead, His He ...
Court: Kolkata
Decided on: Mar-17-2004
Reported in: 2004(3)CHN146
D. K. Seth, J.Appellants' contention:1. Mr. Sabyasachi Bhattacharyya, learned Counsel for the appellants, had challenged this judgment of affirmance in this second appeal, deciding the maintainability of the suit on the question of forum, on the ground that Order 23 Rule 3 proviso read with the explanation and Rule 3A of the Code of Civil Procedure (CPC) would not stand in the way of the maintainability of a suit by persons who were not parties to the suit since compromised when the scope of challenge under Rule 3 proviso read with explanation and Order 43 Rule 1(a)(ii) or within the scope of Order 21 Rule 101 read with Section 47 CPC, had elapsed. The suit would not be barred by reason of the specific provision in the Contract Act relating to void and voidable contracts where fraud was alleged in such a circumstances. He had led us through various provisions of CPC as well as the Contract Act and the decisions of this Court in Gosto Behari Pramanik v. Malati Sen, : AIR1985Cal379 and S...
Abhik Sarkar and anr. Vs. State and anr.
Court: Kolkata
Decided on: Mar-17-2004
Reported in: (2004)3CALLT363(HC),2004CriLJ2937
ORDERAsit Kumar Bisi, J.1. The instant application Under Section 482 of the Code of Criminal Procedure has been preferred by the petitioners seeking quashing of the proceeding being Case No. C-796 of 1993 corresponding to T.R. No. 35 of 1994 pending in the Court of the Ld. Judicial Magistrate, First Court, Alipore, South 24-Parganas. Petitioner No. 1 Sri Abhik Sarkar is the editor, Ananda Bazar Patrika and Petitioner No. 2 Sri Pabitra Kumar Mukherjee is the publisher and printer, Ananda Bazar Patrika Ltd. The facts anterior to filing of the application Under Section 482 of the Code of Criminal Procedure may briefly be narrated thus. On 7-5-93 a petition of complaint was filed by the complainant presently O.P. No. 2 Sri Sourendra Nath Basu an Advocate practising at Alipore Judge's Court against the present petitioners alleging commission of an offence Under Section 292 of I.P.C. As per the case of the complainant he is a regular subscriber and reader of Ananda Bazar Patrika and also a r...
Indian Bank Vs. Industrial Reconstruction Bank of India and anr.
Court: Kolkata
Decided on: Mar-17-2004
Reported in: II(2005)BC143,[2004]122CompCas246(Cal)
Soumitra Sen, J.1. This application has been taken out by Industrial Reconstruction Bank of India (IRBI) with the following prayers :'(a) The order dated September 22, 1999, as modified by the order dated September 28, 1999, passed by honourable Justice Ruma Pal and honourable Justice S. N. Bhattacharjee be clarified as to whether the sum of Rs. 56 lakhs is to be returned by respondent No. 1 to Sri Jatan Surana or to J. L. Securities Pvt. Ltd. (now known as Surana Chain .) and to Jatanlal Gaurav Kumar Surana (HUF) being the nominees of Sri Jatan Surana.(b) Sri Jatan Surana and his nominees be directed to return the original conveyances dated December 7, 1998 and December 8, 1998, to the Industrial Investment Bank of India Ltd ;(c) Sri Jatan Surana and/or his nominees be directed to hand over the possession of all the movable and immovable properties to the learned receiver as per the valuation report and the inventory list of the said assets prepared by Mr. D.L. Vaishya Survayor and va...
Soneko Developers Pvt. Ltd. and ors. Vs. Himadri Coke and Petro Ltd. a ...
Court: Kolkata
Decided on: Mar-17-2004
Reported in: 2004(4)CHN495
Alok Kumar Basu, J.1. All the parties including the petitioner, opposite party No. 1 and ICICI Bank authority, who were not parties in the proceeding but allowed to participate, arc represented by their learned Advocates respectively.2. Through this application filed under Article 227 of the Constitution of India by the petitioner Soneko Developers Pvt. Ltd., a very important question regarding the conduct of public sale through auction has been raised vis-a-vis the power and authority of the Debt Recovery Appellate Tribunal to exercise its discretion in that regard. 3. The petitioner herein participating in the process of an auction sale, being the highest bidder, deposited Rs. 62,00,000/- (Rupees sixty two lakhs) in favour of the offer and in addition to that also accepted the liability of the properties on 'as is where is' basis. Unfortunately, the sale could not be confirmed as the petitioner defaulted in depositing the balance amount within the time-schedule for which, ultimately,...
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