Kolkata Court December 2005 Judgments

Gouranga Chandra Sarkar and anr. Vs. State of West Bengal

Court: Kolkata

Reported in: (2006)1CALLT553(HC)

Arun Kumar Bhattacharya, J.1. In the present application under Section 482 Cr. PC the petitioners who are parents-in-law of deceased housewife have prayed for quashing the proceeding being G.R. Case No. 398 of 1997 arising out of Alipurduar P.S. Case No. 141 of 1997 dated 01.06.1997 under Sections 498A/494/306 IPC, against them.2. The circumstances leading to the above application are that a complaint was lodged by one Tushar Kanti Banerjee at Alipurduar P.S. alleging that Munmun Pal, daughter of Sri Ramendra Pal was married with the petitioner's son Goutam Sarkar @ Laltu about twenty-one years back and in that wedlock two children, aged about sixteen years and thirteen years, were born. The said Goutam fell in love with maidservant Mani and ultimately married her. Both of them started torture upon Munmun whose dead body was recovered from the roof. It was suspected that over the issue of said second marriage, there was a quarrel between Munmun and her husband and thereafter her husban...

Sangeeta Kumari Show Vs. State of West Bengal and anr.

Court: Kolkata

Reported in: (2006)2CALLT64(HC),II(2006)DMC471

Arun Kumar Bhattacharya, J.1. The hearing stems from an application filed by the petitioner praying for revision of the order dated 17.08.2000 passed by the learned Additional Sessions Judge, 4th Court, Barasat in Criminal Motion No. 82 of 1999 reversing the order of maintenance passed by the learned Judicial Magistrate, 3rd Court, Barrackpore on 25.01.99 in M. Case No. 192 of 1994 under Section 125 Cr. PC.2. The circumstances leading to the above application are that the petitioner, who is the legally married wife of O.P. No. 2, their marriage having taken place on 06.05.92 according to Hindu rites and customs, was subjected to ill-treatment and torture, both physically, mentally by her husband and inmates of the family over the issue of demand of dowry, for which she was compelled to leave her matrimonial house and reside at her father's house. She brought a proceeding being M. Case No. 192 of 1994 under Section 125 Cr. PC on 18.07.94 claiming maintenance (c) Rs. 1000/- p.m. which wa...

Dilip Mukherjee Vs. State of West Bengal

Court: Kolkata

Arun Kumar Bhattacharya, J.1. The hearing stems from an application under Section 401 read with Section 482 Cr. PC filed by the petitioner praying for quashing the proceeding being Sessions Case No. 11(9)99 under Section 302 IPC pending in the Court of learned Additional Sessions Judge, 11th Court, Alipore, 24 Pgs(S). 2. The circumstances leading to the above application are that one Jamuna Mondal, wife of Dulal Mondal, a resident of 193 Raja Dinendra Street, Calcutta - 700 009 with her husband, two sons and one daughter, used to work as a cook in the house of one Chandrima Das. A deep relation developed between her and the present petitioner Dilip Mukherjee who used to work in the house of one Nirmal Roy, uncle of Chandrima, and even after leaving her job she maintained her connection with the petitioner. On 23.06.93 at about 1.45 p.m. at the call of the petitioner when she had been to the ground floor room of 189 Raja Dinendra Street, the petitioner all sudden started abusing her and...

Narayan Chandra Das Vs. Gita Rani Das

Court: Kolkata

Reported in: (2006)2CALLT85(HC),II(2006)DMC629

Arun Kumar Bhattacharya, J.1. The twin revisional applications, one being C.R.R. 618 of 2002 filed by the husband, hereinafter referred to as the petitioner, and the other being C.R.R. 1034 of 2002 filed by wife, henceforth referred to as the O.P.. are directed against the order dated 24.01.2002 passed by the learned Judicial Magistrate, 4th Court. Burdwan in Misc. Case No. 7/97 under Section 127 Cr. PC granting enhancement of maintenance allowance. Since same question of law and fact are involved, both the applications were heard analogously.2. The O.P. obtained an order of maintenance @ Rs. 300/- p.m. for self and her son in Misc. Case 739 of 1981 under Section 125 Cr. PC from the Court of learned Judicial Magistrate, 4th Court, Burdwan on 08.04.84. She filed an application under Section 127 Cr. PC being registered as Misc. Case 7 of 1997 on 05,05.97 for enhancement of maintenance to the tune of Rs. 1200/- p.m. and 1000/- p.m. for self and her son respectively contending that the ear...

Dhiren Sarkar Vs. Baren Mallick and ors.

Court: Kolkata

Reported in: (2006)3CALLT175(HC)

Arun Kumar Bhattacharya, J.1. The hearing stems from an application under Sections 397/401 read over Section 482 Cr. PC filed by the petitioner praying for setting aside the order dated 31.12.96 passed by learned Chief Judicial Magistrate, Howrah in Complaint Case No. C.368 of 1993.2. The circumstances leading to the above application are that the petitioner filed a complaint being registered as Complaint Case No. C.368/93 before the Court of learned Chief Judicial Magistrate, Howrah on 01.04.93 inter alia disclosing offences under Sections 323/324/342/ 506/504 IPC committed by O.P. Nos. 1 & 2. After taking cognizance of the offence and examining the petitioner, the learned Magistrate directed S.P., Howrah to direct one Additional S.P., Howrah to hold an enquiry and submit report by 27.05.93. In Criminal Revision No. 829 of 1993 preferred against the said order by the petitioner, this Court directed the learned Magistrate to proceed in accordance with the law subsequent to the stage of...

Akbar Reza Vs. Cesc Ltd. and ors.

Court: Kolkata

Reported in: 2007(1)CHN528

ORDERJayanta Kumar Biswas, J.1. The petitioner alleges inaction on the part of CESC saying that it has not given independent supply of electricity to him, though as a tenant of the premises concerned he has a legal right to get such supply.2. In the opposition filed by the third respondent (the landlord of the petitioner) it has been stated that after entering into the premises in the year 1988, till the year 2004, when the application seeking independent supply of electricity was made, the petitioner did not consume any electricity through the existing supply line of the premises. There is no dispute that a high-tension supply line, given to the premises by CESC, was, and still is, in existence.3. Counsel for CESC submits that there are about two hundred establishments carrying on their activities from the premises. He says that the transformer through which the high-tension supply was given is owned by the third respondent, which was, and still is, lawfully giving supply of electrici...

Shrenik Kumar Singhee Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: (2006)1CALLT435(HC),2006(1)CHN540

Jyotirmay Bhattacharya, J.1. On receipt of an information from the Controller, Calcutta Thika Tenancy to the effect that the premises No. 17, Garcha First Lane, Kolkata - 700 019 is a thika property and the State of West Bengal is the owner thereof, the Calcutta Municipal Corporation, by its letter dated 7th February, 2001 being Annexure 'C to this writ petition appearing at page 28 thereof invited the petitioner being the recorded owner of said premises to be present on 27th March, 2001 at 1 p.m. in the chamber of the Assessor-Collector (South) in connection with the proceeding for proposed change of ownership in the Municipal record.2. Immediately on receipt of the said notice, the petitioner filed his objection to such proposed change of ownership in the Municipal record by contending inter alia that since the petitioner who is the absolute owner of the said property is in possession thereof and the said property was never a thika tenanted property, alteration in the Municipal recor...

Aniruddha Basu Vs. Kolkata Municipal Corporation and ors.

Court: Kolkata

Jyotirmay Bhattacharya, J.1. The petitioner has filed this writ petition by challenging the inaction on the part of the concerned respondent of Kolkata Municipal Corporation for not considering the petitioner's application for mutation as well as his application for reassessment of the flat in question.2. The petitioner purchased a flat being flat No. 5 in a multi-storied building namely Heera Apartment situated at premises No. 42F, Bedia Danga, 2nd Lane (presently New Ballygunge Road, P.S. Kasba) from the erstwhile recorded owner thereof by a registered deed of conveyance dated 29th October, 2004.3. Immediately after purchase of the said flat, the petitioner applied for mutation of his name as owner of the said flat in the place of the petitioner's vendor in the municipal records. The requisite formalities which are required to be complied with, has all been completed by the petitioner in this regard.4. The grievance of the petitioner in this writ petition is against the Municipal aut...

A.C. Banik Vs. National Insurance Company Ltd. and ors.

Court: Kolkata

Reported in: 2006(2)CHN151

V.S. Sirpurkar, C.J.1. This appeal arises out of the judgment passed by the learned Single Judge whereby the learned Single Judge dismissed the writ petition filed by the appellant-petitioner.2. The appellant-petitioner was admittedly born on 1.1.1926. He joined the National Insurance Company as Senior Divisional Manager on 1.1.1973. His service was eventually transferred to L.I.C. following the Nationalisation. He retired from the service on 31.12.1985. In 1995, more precisely on 28.6.1995, a scheme was introduced called the General Insurance (Employees') Pension Scheme, 1995 whereby the pension scheme was made applicable to the employees who were in service of the Company on or after 1.1.1986 but had retired before the 1st day of November, 1993. The writ petitioner did nothing till the year 1999 and claims that he came to know about the Scheme only in the year 1999. He claims to have sent various representations, more particularly which were answered on 8.3.2002, 25.2.2003 as also on...

Reaztulla Molla Vs. Halima Bibi and ors.

Court: Kolkata

Reported in: 2006(3)CHN712

Pratap Kumar Ray, J.1. Heard the learned advocates appearing for the parties.2. The second appeal arose out of challenge of the judgment and decree dated 9th July, 1996 passed by the learned District Judge, Second Court, Krishnanagore, Nadia in Title Suit No. 13 of 1996 reversing the judgment and decree dated 21st day of December, 1995 passed by the learned Munsif, Third Court, Krishnanagore, District - Nadia in Title Suit No. 1 of 1993. This appeal was admitted for hearing on 12th April, 1999 by the Division Bench of this Court presided over by Samaresh Banerjea and M.H.S., Ansari, JJ. (as their Lordships then were) on added grounds being ground No. X, which reads to this effect:For that it being the decided principles of law as laid down in 66 C.W.N. p-255 that special close of protection enjoyed by pardanashin women is available to illiterate male person the Court of Appeal below ought to have followed the said decision and the decision recorded in : [1963]1SCR456 and ought not to h...