Kolkata Court September 2004 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Mewa Devi Agarwal and ors. Vs. Calcutta Municipal Corporation and anr.
Court: Kolkata
Decided on: Sep-10-2004
Reported in: 2005(1)CHN567
Arun Kumar Bhattacharya, J.1. The hearing stems from an application filed by the petitioners praying for revision of the order dated 05.12.1998 passed by the Municipal Building Tribunal, Calcutta Municipal Corporation in Appeal No. 13/1993 affirming in part the order dated 27.01.1990 passed by the Municipal Commissioner in Case No. 89-D of 1987-88.2. The background history of the said revision is that the petitioners are tenants in respect of a tin shade at a monthly rental of Rs 100/- under Estate Kumar Jagadish Chandra Sinha since June, 1987. The O.Ps. initiated a demolition case being No. 89-D of 1987-88 in respect of the said tenanted premises without service of any notice upon the petitioners, and the Special Officer (Building) passed an order dated. 27.01.1990 for demolition of the said tenanted room without assigning any reason holding petitioners as also landlord responsible for the unauthorized construction. Neither any notice of the inspection alleged to have been held by the...
Naba Kumar Seal and ors. Vs. Prabir Kumar Dhar and ors.
Court: Kolkata
Decided on: Sep-10-2004
Reported in: 2005(2)CHN149
Arun Kumar Bhattacharya, J.1. A short paragraph might perhaps have been enough for disposal of the present case, but a short-cut is a long-cut where people's justice is involved, and so it persuades my pen to enter into a bit detail, but before I do so the circumstances leading to the present revision need be stated.2. Smt. Bhabani Dhar who was the absolute owner of premises No. 671, Lake Gardens, Calcutta - 700045 executed a power-of-attorney in favour of her husband Jagadish Chandra Dhar and entered into an agreement for development of the said premises with Raj Kumar Singhania. As some dispute arose between them the said Raj Kumar Singhania instituted T.S. 101/93 in the Court of Id. Assistant District Judge at Alipore for referring the matter to arbitrator. The suit was being contested by Smt. Bhabani Dhar through her husband - constituted attorney Jagadish Chandra Dhar. The said Jagadish died on 13.08.1994 and the present petitioner No. 1 Naba Kumar Seal (defendant No. 2 in the sui...
Prabir Mukherjee Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Sep-10-2004
Reported in: 2005(2)CHN672
S.P. Talukdar, J.1. The present application is directed against order dated 23rd September, 2003 passed by the Central Administrative Tribunal hereinafter referred to as 'the Tribunal' in M.A. No. 15 of 2003, (O. A. No. 739 of 2002).2. Grievances of the petitioner may briefly be stated as follows:Petitioner, an U.D. Assistant in the P&A.R.; Department, Government of West Bengal, got married to Ruhu Mukherjee, since deceased on 18.06.1998. After marriage they have been residing together as husband and wife. The said Runu Mukherjee was suffering from mental imbalance since prior to her marriage and, for this, she was under medical treatment. On 08.04.2002, she, while residing with her parents committed suicide by jumping on the track of Metro Railway at Jatin Das Park Station. Respondent No. 5 intimated the Officer-in-Charge of the Kalighat Police Station that they had no complaint against the petitioner in respect of such death. Petitioner handed over all the stridhan properties belongi...
Aveek Sarkar and ors. Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Sep-09-2004
Reported in: 2005(2)CHN694
P.N. Sinha, J.1. This revisional application has been preferred by the petitioners praying for quashing the complaint case bearing No. C-107 of 1994 under Sections 500/501/502/ 34 of the Indian Penal Code (in short IPC) now pending in the Court of the learned Metropolitan Magistrate, 5th Court, Calcutta and the order dated 24.5.94 passed by the said learned Magistrate thereby keeping the application under Section 205 of Cr. PC filed by the petitioners pending till their appearance personally before the Court.2. In spite of service of notice the opposite party No. 2, i.e. the de facto complainant did not appear and accordingly the Court heard the petitioners only.3. Learned Advocate for the petitioners contended that petitioner No. 1 is the Editor of leading Bengali newspaper 'Anandabazar Patrika', petitioner No. 2 is the publisher-cum-printer and petitioner No. 3 is a journalist employed by the Anandabazar Patrika. On or about March 25, 1994 an announcement/advertisement was published ...
Basudev Mondal and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-09-2004
Reported in: 2005(4)CHN184
Aloke Chakrabarti, J.1. Sometime in the year 1941 one Kachimuddin Gharami purchased about 344.55 acres of lands recorded in R.S.Khatian No. 176 of Mouza Sonakhali, J.L. No. 134, P.S. Canning out of L S. Khatian No. 220 from one Abdul Gani by a registered deed of sale dated 10th July, 1941. Out of the said lands, said Kachimuddin transferred about 73.48 acres in favour of eight persons by executing eight unregistered Amalnamas between 1355 B. S. and 1356 B.S. and since then the transferees were and are possessing the land on payment of rent regularly to their said landlord against receipts.2. Kachimuddin Gharami again transferred his entire properties including the properties settled as aforesaid in favour of five sons by executing a registered deed of family settlement on 7th September, 1954.3. Md. Elahi Bux son of Late Kachimuddin Gharami also purchased 33.20 acres of land by registered deed of sale on 5th May, 1943 from one Jelapjan Bibi who transferred about 11.23 acres of land in f...
Brindaban Patra Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-07-2004
Reported in: (2005)1CALLT66(HC),2004(4)CHN515,2005(3)ESC1892,[2005(105)FLR1002]
Pranab Kumar Chattopadhyay, J. 1. The petitioner herein has challenged the order of termination from service issued by the Chairman, Maheshtala Municipality and subsequent decision of the Board of Councillors of the said Maheshtala Municipality rejecting the appeal preferred by the petitioner against the said order of termination.2. The authorities of the Maheshtala Municipality have proceeded in the instant case against the petitioner in a most illegal and irregular manner as would appear from various steps and the decisions taken by the authorities of the said Maheshtala Municipality time to time in respect of the petitioner.3. Initially, the petitioner was appointed as Job Assistant of Shyampur-II Gram Panchayat and subsequently after formation of Maheshtala Municipality, he was appointed as Lower Division Clerk/Sub-Centre Person.4. On 5th June, 1998, Executive Officer, Maheshtala Municipality issued the first show cause notice to the petitioner alleging that a large amount of money...
Bhutnath Nayak Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Sep-07-2004
Reported in: 2005(1)CHN82
1. Emotions and moralities may make strange appearances in a Criminal Court; Law and logic don't.2. Assumed with this proposition, and it is only after sterilizing our judicial mind from the ugly nature of the allegation, we log on to the website to download the factual matrix essential for the proper disposal of this application.Bone of contention:3. An order dated 29.06.2004 passed by the learned Sub-Divisional Judicial Magistrate, Khatra in G. R. Case No. 30 of 2004 directing that-'Hence the accused may find bail of Rs. 6,000/- with two sureties of Rs. 3,000/- each of the like amount:(1) with the condition that she will make herself available for interrogation by a police officer as and when required,(2) she will not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the police officer until further order.'Print Out No. 1:4. Manimala, the only daughter o...
Md. Yaqub and Aloke Biswas @ Bapi Vs. State of West Bengal
Court: Kolkata
Decided on: Sep-03-2004
Reported in: 2004(4)CHN406
Arun Kumar Bhattacharya, J.1. The hearing stems from twin appeals being Nos. C.R.A. 490/2001 and C.R.A. 11/2002 preferred by convicts Md. Yaqub and Aloke Biswas @ Bapi respectively against the judgment and order of conviction and sentence passed by the learned Sessions Judge, Xth Bench, City Sessions Court, Kolkata in Sessions Case No. 77/2000 [S. T. 1(II) 2000] on 18.10.2001.2. The miniaturised version of the prosecution is that on receipt of an information regarding a deep-rooted conspiracy being hatched in certain vulnerable pockets in Dum Dum P.S. area to de-stabilize the internal security of India and anti-Government network to wage war against the Government of India by maintaining direct liaison with the Pakistani militant outfits, the de facto complainant Inspector Debabrata Sarkar of I.B., West Bengal with Inspector D.Mukherjee, S. I. A. Nandy & S. I. A. K. Kundu under the direct supervision of Sri D. N. Mukherjee, D. S. P., I. B. detained one Ahmed Ali @ Ranjit @ Tapan Dey of...
Tathagata Sarkar @ Bumbi and anr. Vs. State of West Bengal
Court: Kolkata
Decided on: Sep-03-2004
Reported in: 2005(1)CHN72
Gorachand De, J.1. All these four appeals are directed against the judgment and order of conviction dated 5.3.2003 and order of sentence dt. 6.3.2003 passed by the learned Judge of the Special Court under NDPS Act, South 24-Parganas, Alipore in Trial No. 1(3)2002. By the said judgment, the learned Special Judge found all the six appellants guilty under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act, for brevity) and sentenced each of them to suffer R.I. for three years and six months and also to pay a fine of Rs. 20,000/- each, in default, to suffer R. I. for six months more. However, there was a direction to set off the period of imprisonment undergone by the convicts in imprisonment from the substantive sentence. It was also further ordered that the seized Tata Sumo vehicle bearing No. W. B. - O2G-2088 be confiscated to the State under Section 60(3) of NDPS Act. Similarly an order was also passed for confiscation of the ...
Sri Sarjug @ Sarjoo Paswan Vs. Coal India Ltd. and ors.
Court: Kolkata
Decided on: Sep-03-2004
Reported in: 2005(3)CHN213,2005(2)ESC1190
Arun Kumar Mitra, J.1. Challenge in this writ has been made by the petitioner to the charge-sheet dated 14.3.1997 (Annexure-A) issued against the petitioner, the proceedings thereof and the order of dismissal issued against the petitioner dated 17.6.1997 (Annexure-C to the writ petition). The ground of challenge of the writ petition is that no charge-sheet was served on him, the alleged inquiry was conducted ex parte without giving him any opportunity of hearing and the order of dismissal was also passed ex parte without giving the petitioner any opportunity of hearing. Again the charge-sheet is biased, the entire proceeding is malafide, order of dismissal is illegal and everything has been done behind the petitioner with a view to victimise him. The petitioner was ill and was absent from his service for only 37 days and on this charge capital punishment has been imposed on the petitioner. The petitioner, however, subsequently, procured the copies of charge-sheet, inquiry report and th...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 6
- 8
- Next ›
- Last »