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Kolkata Court May 2004 Judgments

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May 07 2004

Agarwal N. and ors. Vs. State of West Bengal

Court: Kolkata

Decided on: May-07-2004

Reported in: 2005(1)CHN101,[2004(102)FLR949],(2004)IIILLJ992Cal

P.N. Sinha, J.1. As the points involved in these three re-visional applications are identical and same and as all the three revisional applications arose of the order, dated February 9, 2004, passed by the learned Chief Metropolitan Magistrate (hereinafter called the CMM), calcutta in Case No. C of 5035 of 2003, I inend to dispose of these three revisional applications by common judgment and order.2. Facts of the case giving rise to these three revisional applications are as follows:Complaint Case No. C of 5035 of 2003, was started on the basis of complaint lodged by Sri Mangal Bhattacharya, Insurance Inspector, West Bengal, on September 18, 2003, before the learned CMM against the petitioners including the companies namely Delta Ltd., alleging inter alia that the accused persons had failed to pay employer's share of contribution under the ESI Scheme in respect of the employees working in the said factory covering the period from April 2003 to May 2003 and the petitioners and the compa...


May 07 2004

Mihir Kumar Chatterjee Vs. Indian Institute of Technology and ors.

Court: Kolkata

Decided on: May-07-2004

Reported in: (2005)IILLJ1007Cal

Asok Kumar Ganguly, J.1. This appeal is directed against the judgment and Order dated May 2, 2002 passed by a learned single Judge of this Court holding, inter alia, that the writ petitioner/appellant cannot claim to be treated at par with the regular employees of the Indian Institute of Technology, Kharagpur (hereinafter referred to as the 'said Institute') either as a permanent employee or a temporary employee.2. The material facts of this case are that the writ petitioner/appellant appointed an 'Agricultural Supervisor' in the Animal Husbandry Department of the Government of West Bengal on April 5, 1966. Thereafter, on or about May 5, 1973 the writ petitioner/ appellant was appointed to the post of Agricultural Officer, Group 'A' (Central Services) in the Ministry of Agriculture, Government of India.3. Sometime in the year 1979, the then Registrar of the said Institute informed the appellant that he was selected for appointment as a 'Junior Project Manager' (Fodder) for Jursey Bull ...


May 06 2004

Akbar Sk. and ors. Vs. State of West Bengal

Court: Kolkata

Decided on: May-06-2004

Reported in: 2004(4)CHN425

Arun Kumar Bhattacharya, J.1. The hearing stems from an appeal preferred by the six convicts against the judgment and order of conviction and sentence passed by the learned Assistant Sessions Judge, Burdwan in Sessions Case No. 222/83 (S.T. 4/84) on 9.3.1984.2. Shortly put, the prosecution case is that on 12.9.1980 at about 10.00 p.m. on way back from her paternal house at Chandrapur within district Birbhum, the de facto-complainant alighted from the train at Bhedia Station to go to her matrimonial house at Joykrishnapur. As the accused persons who hail from her village asked her to accompany them as they were going to that village, she on good faith started with them. After proceeding for about half an hour, when they reached at Gabar Math, accused Akbar gave her an ill proposal, and on her refusal the accused persons assaulted her with fists and blows resulting in her bodily pain. Accused Akbar then forcibly committed rape upon her by the side of the road followed by rape by other ac...


May 06 2004

Saibur Rahaman and anr. Vs. the State of West Bengal

Court: Kolkata

Decided on: May-06-2004

Reported in: (2004)3CALLT484(HC),2006(2)CHN74

P.N. Sinha, J.1. This revisional application has been preferred by the petitioners challenging the order No. 6 dated 26.08.03 passed by the learned Special Judge, Special Court, Berhampore in Special Court Case No. 1 of 2002 thereby framing charge against the accused petitioners under sections 409/419/420 of the Indian Penal Code (hereinafter called the IPC).2. Facts of the case, in short, is that one Joynuddin Sheikh as de facto complainant filed complaint in the Court of learned SDJM, Lalbagh praying for sending the petition of complaint to O.C., Bhagwangola P.S. for investigation under Section 156(3) of the Code of Criminal Procedure (hereinafter called the Code) alleging therein that complainant is the son of late Raisuddin, an employee of Eastern Railway, who died on 19.11.81. Accused No. 2 is the father of accused No. 1 and accused No. 2 was also an employee of Eastern Railway and the accused persons and the said late Raisuddin were resident of same village. Accused No. 2 fraudul...


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