Kolkata Court May 2004 Judgments
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Rajinder Singh @ Manu and Bijoy Singh Vs. State of West Bengal
Court: Kolkata
Decided on: May-14-2004
Reported in: 2004(3)CHN99,2004CriLJ4023
Arun Kumar Bhattacharya, J. 1. The hearing stems from 14 sets of appeals preferred by 19 convicts against the judgment and order of their conviction and sentence passed on 31.08.2002 by Mr. Intaj Ali Shah, ld. Additional Sessions Judge, 3rd Court, Midnapore in Sessions Trial Case Nos. XVII/March/2002 and XLVIII/May, 2002 arising out of G. R. Case No. 1392/2001.2. A thumbnail sketch of the prosecution case is that Manas Chaubey, younger son of ex-leader of C.P.I. and M.P. Narayan Chaubey was murdered in the open daylight on 27.06.1999 by some antisocial elements with the assistance of local mafia B. Rambabu, for which 15 persons along with the said B. Rambabu are facing trial in the Court of ld. Additional Sessions Judge, and B. Rambabu and the people of his group became annoyed with the defacto-complainant's close friend Gautam Chaubey -- elder brother of Manas and used to threat him with dire consequences. On 11.09.2001 at about 8/6-30 p.m. as per previous talks with accused Satyen Si...
Subrata Barman @ Goga Vs. State of West Bengal
Court: Kolkata
Decided on: May-14-2004
Reported in: 2004(3)CHN310,2004CriLJ3695
Arun Kumar Bhattacharya, J.1. The hearing stems from an appeal preferred by convict Subrata Barman @ Goga against the judgment and his order of conviction and sentence passed on 22.09.2003 by Mr. Intaj Ali Shah, ld. Additional Sessions Judge, 3rd Court, Midnapore in Sessions Case No. I/ July/2003 arising out of C.R. Case No. 1392/ 2001.2. The miniaturised version of the prosecution is that Manas Chaubey, younger son of Ex-leader of C.P.I. and M.P. Narayan Chaubey was murdered in the open day-light on 28.06.1999 by some antisocial elements with the assistance of local mafia B. Rambabu, for which 15 persons along with the said B. Rambabu are facing trial in the Court of ld. Additional Sessions Judge, and B. Rambabu and the people of his group became annoyed with the de facto-complainant's close friend Gautam Chaubey--elder brother of Manas and used to threat him with dire consequences. On 11.09.2001 at about 8/8-30 p.m. as per previous talks with accused Satyen Singh, when the de facto-c...
Pradip Kumar Maity Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-14-2004
Reported in: 2004(3)CHN350
Bhaskar Bhattacharya, J.1. Instead of disposing of the application for variation of the interim order I propose to dispose of the main writ application by treating the application for variation of the interim order as an affidavit-in-opposition to the main writ application by the private respondent.2. It appears from record that the father of the writ petitioner was a kerosene dealer in respect of the self-same area. On the death of his father, petitioner was given license on compassionate ground. During the subsistence of dealership of the father of the petitioner, license of the private respondent in respect of the adjoining area was cancelled due to his resignation on the ground of illness. On such resignation, the ration cards attached to the dealership of the private respondent were tagged to the dealership of the father of the writ petitioner. After the death of the father of the writ petitioner when a fresh license was granted in favour of the writ petitioner, the writ petitione...
Ramji Sonkar and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: May-14-2004
Reported in: 2004(3)CHN647,2004CriLJ4398
Arun Kumar Bhattacharya, J.1. The hearing stems from an appeal preferred by the convicts Ramji Sonkar, Lalji Sonkar & Suraj Sonkar against the judgment and order of conviction and sentence passed by Sri S. K. Gangopadhyay, learned Sessions Judge, 11th Bench of City Sessions Court at Calcutta in Sessions Case No. 2/1994 (S. T. 1/June/1994) on 28.05.1999.2. The miniaturised version of the prosecution is that on 31.01.1991 at about 10.30 a.m. when the de facto complainant was taking tea at the corner of Nawab Lane and Maharshi Debendra Road, he found accused Ramji Sonkar, Lalji Sonkar & Suraj Sonkar talking in a high offensive tone with Jharnalal Sonkar over the issue of some money. After a while, Lalji and Suraj disappeared and came back soon with long knife and chopper. Lalji made over a long knife (sword) to Ramji. On seeing it Jharnalal started running towards south along Maharshi Debendra Road, and in front of Corporation Office they nabbed Jharnalal and started assaulting him result...
Nemai Basak and ors. Vs. Kalyani Rakshit
Court: Kolkata
Decided on: May-14-2004
Reported in: AIR2005Cal163
Narayan Chandra Sil, J.1. This is a suit for declaration and for injunction. The plaint case in brief is that the premises No. 9A Ram Chand Ghose Lane, Calcutta originally belonged to one Mahadeb Chandra Basak (hereinafter referred to as 'Mahadeb' only) who died in the year 1941 leaving behind his widow Mahamaya Basak, only son Ramesh Chandra Basak (hereinafter referred to as 'Ramesh' only) and six daughters. During his lifetime Mahadeb inducted a tenant in one portion of that property. After the death of Mahadeb in the month of December, 1941 Mahamaya and Ramesh became the exclusive owners of the property left by Mahadeb in moiety according to the provisions of Dayabhaga School of Hindu Law. Ramesh being the eldest son and the only male member of the family used to look after the entire family affairs. Ramesh became ill in the year 1986 and at that time he disclosed to the plaintiff Nos. 1 and 2 who are Smt. Kamala Basak and Shri Nemai Basak, widow and son respectively of deceased Ram...
Kalpana Das Vs. Contai Co-operative Bank Ltd. and ors.
Court: Kolkata
Decided on: May-13-2004
Reported in: AIR2005Cal95,2004(3)CHN305,2005(1)CTLJ514(Cal)
Ashim Kumar Banerjee, J.1. The appellant applied for loan in Contai Cooperative Bank Limited, respondent No. 1. Accordingly, the bank agreed to grant credit facilities. Accordingly, an agreement of hypothecation of goods were entered into for Rs. 50,000/- (Rupees fifty thousand only) on December 19, 1988. A Deed of Hypothecation was also entered into for Rs. 5,20,000/- on April 27, 1988. Accordingly, loan was disbursed. The appellant could not repay the said loan. As a result of which the bank terminated the agreement and demanded repayment of outstanding dues.2. The appellant raised disputes before the Assistant Registrar, Co-operative Society under Section 95 of the West Bengal Co-operative Societies Act, 1983. According to the appellant, the bank was supposed to grant further credit facilities in terms of the scheme submitted by the writ petitioner for a total investment of Rs. 1566448/-. Since the bank did not release the balance part of the loan they were not entitled to recover t...
Dr. Sunil Kumar Khan Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-13-2004
Reported in: (2004)3CALLT87(HC),2005(1)CHN465
Bhaskar Bhattacharyya, J.1. By this writ application, the petitioner, a Principal of the respondent College, has prayed for cancellation of the resolution of the Governing Body of the College dated May 6, 2003 by which the probationary period of the petitioner has not been further extended and he has been discharged from the post of Principal with effect from May 6, 2003.2. Although the petitioner has further prayed for declaration that the provision of Sub-section 2 of Section 5 of the West Bengal College Teachers' (Security of Service) Act, 1975, is ultra vires the Constitution of India, such prayer was, however, not pressed at the time of hearing.3. The following facts are not in dispute:On July 17, 1986 being recommended by the West Bengal College Service Commission, the petitioner joined one Sree Gopal Banerjee College, District-Hooghly, affiliated to Burdwan University as a Lecturer in Botany and worked there till 6th May, 2002. Thereafter, the petitioner with effect from May 7, ...
Ansuman Mullick Vs. Mallika Investment Co. (P.) Ltd. and ors.
Court: Kolkata
Decided on: May-13-2004
Reported in: AIR2004Cal316
ORDERJayanta Kumar Biswas, J.1. This is the plaintiffs application for interim reliefs in his pending suit.2. The plaintiffs case, in a few words, is this. The first, fifth and sixth defendants have no right, title and interest in the suit property (i.e. the property at 5, C.R. Avenue, Kolkata). The lease dated February 14th, 1970, whereunder it was let out to the first defendant for ten years, was not validly renewed. Since the lease expired by efflux of time, the first, fifth and sixth defendants are not entitled to collect and appropriate rent from the third and fourth defendants who have been occupying it as tenants. The property is in a bad state of repair, rates and taxes payable for it have remained unpaid for long. Hence, it is necessary that a receiver should be appointed for protecting his interests in the suit property during pendency of the suit.3. Mr. Hirak Mitra, senior advocate, appears for the plaintiff. His first contention is the following one. Although the registered...
Headmistress, Kali Krishna Balika Vidyalaya (Higher Secondary) and ors ...
Court: Kolkata
Decided on: May-13-2004
Reported in: 2004(4)CHN500
Ashim Kumar Banerjee, J.1. The appellant is the Headmistress of Kali Krishna Balika Vidyalaya (Higher Secondary), Sethpukur, Barasat in the district of 24-Parganas (North). Appellant No. 2 is the Secretary and appellant No. 3 is the Managing Committee of the said school.2. Kali Krishna Balika Vidyalaya (Higher Secondary) is one of the oldest schools of Barasat. As appears from the records that the school was set up in the year 1850. The school was established by late Pyari Charan Sarkar, Kali Krishna Mitra and Nabin Kumar Mitra for imparting female education in the locality. In 1871 the management was taken up by Barasat Association, a registered society. In passage of time the school took a leading role in imparting female education in the locality.3. In the year 1973, the West Bengal Primary Education Act came into force by which the primary education was taken up by the State. In course of time, the District School Board and thereafter District Primary School Council took up the adm...
Premier Automobiles Limited Vs. Twenty First Century Autolocks Pvt. Lt ...
Court: Kolkata
Decided on: May-13-2004
Reported in: 2005(4)CHN401
1. This is an application for preferring an urgent appeal from an order dated 4.3.2004 whereby the interlocutory Court disposed of two applications made on behalf of the respondent/appellant, one for judgment on admission and another for attachment before judgment.2. The suit was filed for price of goods sold and delivered, the principal claim being a little above Rs. 12 lakh. A claim for interest for a nearly equal sum has also been included. The claim is without disputes an unsecured one.3. The appellant/defendant is located at Bombay, owns a lot of a real property there and has been carrying on business for a long time.4. It is stated in the plaint that a part of the cause of action has arisen within the local limits of the original jurisdiction of our Court and leave to file the suit was obtained on that allegation.5. However, the goods were all sent from Calcutta to Bombay and used there for the appellant's business.6. The learned Judge in the Court below has passed an order that ...
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