Kolkata Court April 2004 Judgments
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Nazima Bibi Vs. State of West Bengal
Court: Kolkata
Decided on: Apr-21-2004
Reported in: 2004(4)CHN111,2004CriLJ3609
Narayan Chandra Sil, J.1. This appeal was directed against the judgment and order of conviction dated 27.05.1998 passed by Shri S. Mukherjee, learned Additional District and Sessions Judge, Fourth Court, Howrah in connection with Sessions Trial No. 1 (April) 1996 convicting the appellant, Nazima Bibi for committing offence under Section 302 of the Indian Penal Code and directing her to undergo imprisonment for life and also to pay a fine of Rs. 500/- in default to suffer further imprisonment for a term of two months.2. Prosecution case in brief is that in the night of 20.5.1992 at about 1 a.m. the informant Nazrul Molla, son of the victim, Nekehar Bibi heard the shouts of the victim and immediately he along with Golamnabi Molla, Motiar Rahman Molla and others of the village rushed to the room of the victim and found the door of her room closed from outside. They also found fire through the gaps of the window while her mother was shouting saying Nazima, wife of Karim set her on fire. Th...
Tarun Chandra Roy Vs. Jitubhai Patel and anr.
Court: Kolkata
Decided on: Apr-21-2004
Reported in: (2004)3CALLT125(HC)
Jayanta Kumar Biswas, J.1. This is the plaintiff's application for interim reliefs in his pending passing off action.2. Briefly stated, the plaintiff's case is this. He carries on business under the name and style of M/s. Tanmay Biri Factory. In 1993 he started selling beedies, manufactured by him, under the trade mark Tanmay Biri'. For manufacturing and selling hand made branded beedies he applied for registration in compliance with the Central Excise Rules, 1944. The competent authority granted the registration on August 18th, 1993. The tissue label used by him for wrapping the beedies has a distinctive design and it is an artistic work within the meaning of the Copyright Act, 1957. On March 9th, 2000 he applied for registration of the artistic design and the mark under the Trade and Merchandise Marks Act, 1958; it is pending. Beedies sold by him under the trade mark Tanmay Biri' became popular in the market. With a view to passing off their beedies as those of the plaintiff, the def...
Haradhan Sen and Nemai Ghatwal Vs. State
Court: Kolkata
Decided on: Apr-20-2004
Reported in: 2004(2)CHN527,2004CriLJ3881
G.C. De, J.1. The nine accused persons, namely 1) Nemai Ghatwal, 2) Sukul Ghatwal, 3) Dulal Ghatwal, 4) Mangla, 5) Samru Ghatwal, 6) Haradhan Sen @ Hara, 7) Prasanta Kumar Roy, 8) Surya Kanta Sen, 9) Kazimat Mia faced a trial under Sections 148, 149/159, 149/302, 149/380 of the Indian Penal Code, but seven of them were acquitted, and Haradhan Sen and Nemai Ghatwal were found guilty and both of them were sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs. 2,000/- each, in default, to suffer rigorous imprisonment for six months under Section 302/149 of the I.P.C. However no separate sentence was imposed for the offences under sections 148, 380 and 459 of the I.P.C.2. Against the said judgment of conviction and sentence dated 9.7.98 passed by the learned Judge, Special Court-cum Additional Sessions Judge of Burdwan, Haradhan Sen filed C.R.A. No. 212 of 1998 and Nemai Ghatwal filed another jail appeal which was registered as C.R.A. No. 343 of 1998 Mr. R. Biswas...
All Bengal State Government College Teachers' Association Vs. West Ben ...
Court: Kolkata
Decided on: Apr-20-2004
Reported in: 2004(3)CHN258
Jyotirmay Bhattacharya, J.1. This application under Article 226 of the Constitution of India is directed against the judgment and order dated 7th March, 2003 as well as the order dated 31st March, 2003 both passed by the West Bengal Administrative Tribunal in O.A. No. 6925 of 1999.2. All Bengal State Government College Teachers' Association is the petitioner before this Court.3. For proper and effective appraisal of the challenge thrown by the writ petitioner in this application before this Court, the following relevant facts leading to the filing of this writ petition are set out hereunder:(a) The Government of India, after taking into consideration the recommendations made by the University Grants Commission, decided to revise the pay scales of teachers in the Central Universities and Colleges thereunder in order to attract and retain talent in teaching profession.(b) Pursuant to the said decision, the Director of Ministry of Human Resources Development (Department of Education), Gov...
Union of India (Uoi) Vs. Monoranjan Mondal Alias M.R. Mondal
Court: Kolkata
Decided on: Apr-20-2004
Reported in: (2004)3CALLT572(HC),2005(1)CHN222
Dilip Kumar Seth, J.1. This is an application for stay of hearing of this appeal, since commenced and being continued, on the ground that a criminal trial arising out of the same set of facts or transaction is pending out of the charge sheet, which the applicant came to learn about only in February 2004. This is being opposed by the appellant through Mr. Kapor while supported by Mr. Roy for the respondent.Submission of the respondent/applicant:2. Mr. Balai Chandra Roy, the learned Advocate General contends that the appeal being a civil proceeding, if continued, would embarrass the criminal trial leading to a compulsion for the applicant to disclose his defence. According to him, the charges to be tried in the criminal proceedings as against the applicant are identical with those, which are at issue in this appeal. A finding on that score in this appeal being a decision of the Civil Court would be binding on the Criminal Court though the converse is not true. On account of pendency of t...
Jerka Munda Vs. State
Court: Kolkata
Decided on: Apr-19-2004
Reported in: 2004(3)CHN316,2004CriLJ4764
G.C. De, J.1. This appeal is directed against the judgment and order of conviction dated 26.9.96 and the sentence dated 27.9.96 of the 2nd Court of Additional Sessions Judge, Jalpaiguri in Sessions Case No. 37 of 1996 in Sessions Trial No. 29 of 1996 arising out of Mutelli P.S. Case No. 10/95 dated 12.2.95 on the basis of which G. R. Case No. 144 of 1995 was started.2. By the said judgment the learned Additional Sessions Judge found the accused Jerka Munda guilty under Section 302 of IPC, convicted him thereunder and sentenced him to suffer R.I. for life.3. Prosecution case in brief is that on getting telephonic message -police force went to Engo Tea Garden on 12.2.95, asked Jerka Munda to come out from the room and he was caught as soon as he came out. On entering into the kitchen on Jerka Munda dead body of his wife Sukro Munda was recovered. It was noticed that there were bleeding injuries on the head and belly of the victim. One blood stained tangi and knife were lying near the dea...
Himanshu Halder Vs. University of Calcutta and ors.
Court: Kolkata
Decided on: Apr-19-2004
Reported in: 2004(3)CHN474
M.H.S. Ansari, J. 1. Instant application is moved as a Public Interest Litigation (PIL) and has been assigned to this Bench by the order of His Lordship the Chief Justice dated March 25, 2004.2. Reliefs sought for in the instant writ application are in the nature of mandamus directing the Vidyasagar University to complete the enquiry initiated by Executive Council against private respondent No. 7. Also a writ in the nature of quo warranto is prayed for on the ground that the appointment of private respondent as Reader in the Department of Anthropology of Vidyasagar University in 1990 was irregular.3. Petitioner also seeks a direction upon the University of Calcutta to set aside the appointment of the private respondent as a Reader in the Department of Anthropology.4. Briefly stated, the pleadings in support of the reliefs are that private respondent No. 7 did not apply for the post of Reader in the Calcutta University through proper channel. The Head of the Department of Vidyasagar Uni...
Binapani Das Vs. C.M.C. and ors.
Court: Kolkata
Decided on: Apr-19-2004
Reported in: 2004(4)CHN27
Amitava Lala, J.1. This review application is arising out of an order which was passed by this Court on 18th September, 2003. Such order was passed in presence of both the parties. In disposing of the writ I directed the matter to be heard by appellate authority on the basis of the submission of the Learned Counsel appearing for the respondents. This review application arises on that score.2. Mr. Jayanta Kumar Mitra, Learned Counsel, appearing for the petitioner contended that the cause of action for filing of the writ petition before this Court was for not giving an opportunity of hearing to the petitioner by the Hearing Officer. Therefore, the matter is to be heard by the Hearing Officer first. If the appellate authority is directed to hear out on the basis of the submission of the respondents, in that case, they will lose one of the valuable opportunities of hearing before the Hearing Officer. No notice was served upon the appropriate address of the petitioner so that she could not ...
Partha Pratim Dutta and anr. Vs. Sri Sunil Kumar Dutta Gupta Alias Sam ...
Court: Kolkata
Decided on: Apr-19-2004
Reported in: (2005)1CALLT216(HC)
Amitava Lala, J.1. The second appeal arose out of an order of reversing the decree of the Court of first instance where under such Court held that one room is genuinely required by the landlord. The issue in this respect is as follows:'Do the plaintiffs reasonably require the suit premises for their own use and occupation?The answer of the Court of first instance is as follows:'It is evident from the evidence on record three bed rooms are genuinely required by the plaintiffs, amongst them one is required by the plaintiffs, being husband and wife and two other bed rooms are required by the two adult and grown up daughters of the plaintiffs. The requirement of study room for the plaintiffs' daughter has not been properly proved no fee book or such document has not been produced. So at this stage the requirement of the study room of the plaintiffs daughter cannot be considered. It has also not been proved whether the PW1 is associated with any study or not so a study room for himself cann...
Eureka Forbes Ltd. Vs. Allahabad Bank and ors.
Court: DRAT Kolkata
Decided on: Apr-16-2004
Reported in: I(2005)BC233
1. This appeal was preferred on June 25, 2003, from a judgment dated June 15, 1995, made by the learned Presiding Officer, Debts Recovery Tribunal-I, Kolkata (hereinafter referred to as "the DRT"). A certificate has been issued by the DRT on June 30, 1995, in favour of the Bank. In the appeal, the appellant has made an application under Section 5 of the Limitation Act, for condonation of delay in filing the appeal. In terms of an order dated July 15, 2003, made by this Appellate Tribunal, the application and the appeal were heard analogously, and are disposed of by this order. The principal grievance of the appellant was that in spite of having a good and valid defence, strong on merits, the DRT had purported to make the impugned order against the principal debtor and ex parte holding the appellant jointly and severally liable, without giving the appellant an opportunity of hearing.2. The following facts were not in dispute among the parties. The Bank had instituted a suit before the ...
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