Kolkata Court May 2004 Judgments
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Bhairamal Gopiram Vs. Owner and Parties Interested in the Vessel M.V. ...
Court: Kolkata
Decided on: May-12-2004
Reported in: 2004(3)CHN272
Ashim Kumar Banerjee, J. 1. This is an application filed by M/s. First Steamship International (P.T.E.) Ltd. claiming to be the owner of the vessel M.V. Everwise inter alia praying for taking out the plaint of the file, in alternative for dismissal of the suit as well as for return of the security. The plaintiff in the above suit was the holder of three bills of lading issued by one M/s. Express Score Corporation appearing at pages 53-58 of the petition. Under the said bills of lading the plaintiff was to get 40, 45 and 50 pieces of Indonesian logs, which were to be carried from Indonesia to Indian Port by the vessel M.V. Everwise. Although the bills of lading were produced and necessary formalities were completed by the plaintiff the goods were not delivered at once and the goods were ultimately delivered in June, 2001 instead of February, 2001 thereby causing loss and damages to the plaintiff for which the instant suit was filed by the plaintiff inter alia claiming for a sum of Rs. 8...
Abdul Hai Sk. and ors. Vs. State
Court: Kolkata
Decided on: May-12-2004
Reported in: 2004(3)CHN423
G.C. De, J. 1. This appeal is directed against the order of conviction dated 27.8.99 and sentence imposed on 30.8.99 by the learned Additional Sessions Judge, 5th Court, Alipore, South 24-Parganas in S. T. Case No. 4(8) of 97 [S. C. Case No. 6(5) of 97] arising out of G. R. Case No. 929 of 1990. By the said judgment the learned Sessions Judge found eleven accused persons, namely, 1) Adbul Hai Sk. 2) Sk. Munnaf Ali-@ Munnaf Sk, 3) Sahalam Sk, 4) Sk. Bablu @ Bablu Sk, 5) Sk. Habibur Rahaman @ Habibur Rahaman Sk. 6) Mustakin Sk, 7) Ibrahim Sk, 8) Salam Sk, 9) Sonalal Sk, 10) Abdul Rasid Sk, 11) Sarjed Sk @ Sajet Sk. guilty under Section 148/149/302 of the Indian Penal Code, convicted them thereunder and sentenced each of them to suffer imprisonment and to pay a fine of Rs. 1000/- i.d. to suffer S. I. for one month under Section 302 read with Section 34 of IPC. They were also sentenced to suffer R. I. for three years and to pay a fine of Rs. 500/-, in default, to suffer further S. I. for s...
Zilt Forms Pvt. Ltd. and anr. Vs. West Bengal State Electricity Board ...
Court: Kolkata
Decided on: May-12-2004
Reported in: 2004(4)CHN49
Soumitra Pal, J.1. The petitioner company made an application on 26.8.99 for new industrial electric connection to the West Bengal State Electricity Board (hereinafter referred to as the said Board) along with the requisite fee of Rs. 500/-. Pursuant to such application the respondent No. 2 by letter dated 20.7.2000 being Annexure P-8 to the writ petition, enquired whether the petitioner No. 2 was ready to bear the infrastructural cost as per the rules of the Board to effect the said industrial connection since the existing transformer was unable to cater to the load. Thereafter the respondent No. 2 by letter dated 21.6.2001 being Annexure P-11 to the writ application furnished a quotation for Rs. 1,05,625/- being the cost of industrial service connection charges. It was also intimated that agreement and test report were required to be executed before the commencement of supply of power. The said sum of Rs. 1,05,625/-was paid on 2.7.2001. An agreement between the petitioner No. 1 and t...
Swapan Kumar Kar and ors. Vs. Salil Kumar Dey and ors.
Court: Kolkata
Decided on: May-12-2004
Reported in: 2004(4)CHN506
Alok Kumar Basu, J.1. The petitioners of L.R. Misc. Case No. 30 of 1997 disposed of by the learned Civil Judge (Junior Division), 6th Court, Howrah have preferred this application under Article 227 challenging the judgment and order dated 18lh July, 2003 passed by the learned 3rd Additional District Judge, Howrah in connection with Misc. Appeal No. 160 of 2002 which was preferred against the judgment of the Trial Court.2. The petitioners filed L.R. Misc. Case No. 30 of 1997 for pre-emption of a portion of Dag No. 2123 under Khatian Nos. 1941 and 1942 of Mouza Santragachi under Police Station Jagachha in the district of Howrah which was purchased by the opposite party Nos. 1 to 4 from opposite party No. 5 on the ground that petitioners have land adjacent to the suit land.3. The learned Civil Judge (Junior Division), 6th Court, Howrah after considering written objection of the opposite parties and on perusal of evidence adduced by the parties passed order on 6th April, 2002 whereby the c...
B. Arun Kumar and Co. Vs. Commissioner of Customs
Court: Kolkata
Decided on: May-12-2004
Reported in: 2005(180)ELT152(Cal)
Kalyan Jyoti Sengupta, J.1. By this writ petition the petitioner approached this Court for implementation of the earlier order of the Customs, Excise and Gold (Control) Appellate Tribunal granting refund of the redemption fine and penalty paid by the appellants in terms of the order dated 30th April, 1990 and also for payment of interest at the rate of 12% per annum upon expiry of the period of one month. The brief statement of the fact is required to be stated hereunder.2. The petitioner imported certain quantity of Palm Fatty Acid Distilate and Palm Fatty Acid Oil. However these goods were confiscated by an order of the Collector of Customs dated 31st October, 1986 with an option to redeem the same subject to payment of rupees 85 lacs by way of fine and rupees 15 lacs by way of Bank Guarantee. The petitioner paid the aforesaid amount of rupees 85 lacs in cash and secured a rupees 15 lacs by a Bank Guarantee. The petitioner preferred an appeal against the aforesaid order of the Collec...
Thakurchak Shilpa Vidyalaya Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: May-12-2004
Reported in: 2005(1)CHN474
Bhaskar Bhattacharya, J.1. By this writ application, the petitioners, nine in number, all vocational and engineering training schools in the State of West Bengal, have prayed for direction upon the respondents to introduce pay scale to the teaching and non-teaching staff and to modify/amend the old Grant-in-Aid Rules, 1930. The petitioners have further prayed for setting aside the order dated 6th December, 1991 passed by the Secretary, Commerce and Industries Department, Government of West Bengal being Annexure 'P-14'.2. By the said order dated 6th December, 1999, the Joint Secretary of the concerned department has turned down the prayers of the petitioners for grant of pay scale and amending the existing Grant-in-Aid Rules, 1930.3. The following facts are not in dispute:a) The petitioners are running their schools with the Grant-in-Aid for technical and industrial schools as per G.O. 26T-A.1 dated 19th April, 1930. These industrial schools are functioning with the assistance of its st...
Nucent Finance Ltd. Vs. Hindustan Motors Ltd.
Court: Kolkata
Decided on: May-12-2004
Reported in: AIR2005Cal66
ORDERSengupta, J. 1. By this application the petitioner has asked for relief for giving direction upon the plaintiff/decree-holder to accept a sum of Rs. 1,60,012/- in full and final settlement of all claims under the said decree dated 11-2-02. The decree has been passed by consent of the parties settling the dues on the date of passing of the order, which is as follows :- There will be a decree for a sum of Rs. 1,10,42,287.48 p. with interest on the said sum at the simple rate of 10% per annum from the respective dates of default on lease rentals being principal sum which interest calculated upon 6th February, 2002 is Rs. 31,83,162.88 p. and for a further sum of Rs. 4,56,323/- being the residual value of the machinery leased out by the plaintiff to the defendant.2. Therefore, it is clear that the decretal liability of the judgment-debtor/petitioner was on account of two-folds, namely, for a sum of Rs. 1,10,42,287.48 p. and further sum of Rs. 4,56,323/-. From the pleadings and accompan...
Sunanda Mallick Vs. Dilip Kumar Gooptu and ors.
Court: Kolkata
Decided on: May-11-2004
Reported in: 2004(4)CHN473
Narayan Chandra Sil, J.1. This is to consider an application virtually under Order 39 Rule 2A of the Code of Civil Procedure. The petitioner is the plaintiff. It is stated in the petition that the suit being No. 330 of 1990 was filed on 7.4.1990 against the defendants with the prayer for declaration that the estate of Ajoy Kumar Gooptu, deceased passed by intestate succession to the plaintiff and the defendant Nos. 1, 2 and 3 and the instrument dated 20th January, 1981 has in fact in no manner affected claim of the plaintiff to such estate and the declaration that the plaintiff has now 1/4th share in the estate of the brother of Ajoy Kumar Gooptu along with other incidental reliefs. In the said suit an application was filed by the plaintiff for appointment of receiver and injunction restraining the respondents from dealing with and/or disposing of and/or encumbering and/or withdrawing and/or in any manner transferring or parting with the possession of any portion of the movable or immo...
Sankar Soren Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: May-07-2004
Reported in: 2004CriLJ3088
ORDERPradip Kumar Biswas, J.1. This is an application under Section 397/401 read with Section 482 of the Cr.P.C. praying for setting aside of the order dated September 5, 2000 passed by the learned Judicial Magistrate 2nd Court, Hooghly in connection with case No. being M. C. Case No. 163 of 1998 whereby and whereunder the learned Magistrate was pleased to reject the application filed by the present petitioner praying for dismissal of the application under Section 125 of Cr.P.C. filed by the opposite party No. 2 seeking for an order of maintenance for herself and for her two female Children.2. The facts leading to the filing of the present application are as follows :The petitioner was given in marriage with the opposite party No. 2 on 10th September 1989 and during the year 1990, a daughter was born out of their wedlock. Subsequently, due to the difference of opinion between the petitioner and the opposite party No. 2, the opposite party No. 2 started living separately since 1991 and ...
Ashis Dey Vs. State of West Bengal
Court: Kolkata
Decided on: May-07-2004
Reported in: 2004(4)CHN223
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 petitioner praying for quashing the criminal proceeding being G.R. Case No. 41/04 arising ,out of Suri P.S. Case No. 9 dated 20.1.04 under Sections 147/149/448/353/332/ 427 of IPC and Section 3 of the P.D.P. P. Act and all orders passed therein in said G.R. Case now pending in the Court of the learned Sub-Divisional Judicial Magistrate (hereinafter called the SDJM), Suri.2. Learned advocate for the petitioner contended that the informant Pankaj Kumar Chandra was posted as Executive Officer of Suri Municipality at the relevant time. Regarding incident dated 20.1.04 he lodged two complaints one addressed to the Chairman, Suri Municipality and the other FIR before the O.C., Suri P.S. for starting criminal case against the petitioner. In the complaint addressed to the Chairman, the complainant alleged that the petitioner entered into his o...
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