Kolkata Court May 2005 Judgments
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Minor Shib Chandra Mishra and ors. Vs. United India Insurance Company ...
Court: Kolkata
Decided on: May-11-2005
Reported in: 2006(1)CHN508
1. By virtue of our earlier order both the above application and the appeal are taken up for hearing on merits and both are disposed of by this order. It should be pointed out that the only point raised in this appeal is as to whether the learned Claims Tribunal was right in taking into account the pension amount received by the wife of the deceased victim for the purpose of determining the amount of compensation in favour of the claimants/appellants herein.2. The short facts are that the deceased victim Laxman Mishra died in a motor accident on 1st January, 1999 at about 6.30 a.m. in the morning while he was riding a bicycle on National Highway-34. The accident took place as the bicycle of the deceased victim was hit by a truck which was proceeding towards 'Berhampore from Calcutta' Needless to mention the victim was knocked down on the ground and thereby received severe injuries, later the said Laxman died in the Nadia District Hospital, at Saktinagar.3. The owner of the offending ve...
Shibupada Saha and ors. Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: May-10-2005
Reported in: 2005(4)CHN754
Sadhan Kumar Gupta, J. 1. This hearing arises out of an application filed under Section 407 of the Cr. PC praying for transfer of the G.R. Case No. 927/95 pending before the learned SDJM, Raiganj arising out of Kaliyaganj P.S. Case No. 143/95 dated 28.11.1995 under Section 498A of the IPC. The case of the petitioners is that on the basis of an application filed under Section 156(3) by the opposite party No. 2, a case under Section 498A was started against the petitioners. It has been alleged in the said petition that opposite party No. 2 was tortured over the demand of dowry by the petitioners. There is further allegation to the effect that the opposite party No. 2/wife was subjected to torture on various other flimsy grounds. The petitioners have claimed that although allegations are false and has got no basis at all, after conclusion of the investigation, chargesheet was submitted against the petitioners, who have been enlarged on bail. However, the petitioner No. 3 was permitted to ...
Howrah Ganatantrik Nagarik Samity and ors. Vs. State of West Bengal an ...
Court: Kolkata
Decided on: May-06-2005
Reported in: 2005(2)CHN596
1. This public interest litigation which is filed by Howrah Ganatantrik Nagarik Samity and others pertains to various subjects.2. To begin with it pertains to water pollution which was normally found in the drinking water. It was based on few facts and some citizens who were very vigilant about the quality of the drinking water used by mineral water companies as also by the companies selling soft drinks like Coca Cola, Pepsi etc.3. To begin with the thrust of the petition was on the contamination found in the soft drinks which are sold in the State of West Bengal. The petition included number of prayers. They are as under :'a) A writ of and/or in the nature of mandamus commanding the respondents, their officers, agents, men, subordinates, successors-in-office to take steps, action and/or measure immediately for the following;i) To direct the concerned respondents to initiate all required steps/measures that are necessary for the wholesome soft drinks being consumed by the people at lar...
Director of Supply and Disposals and anr. Vs. Vijay Shree Limited and ...
Court: Kolkata
Decided on: May-06-2005
Reported in: AIR2006Cal46,IV(2005)BC36
V.S. Sirpurkar, C.J.Heard the appeal finally with the consent of both the sides.1. Being aggrieved by the order passed by learned Single Judge of this Court allowing the writ petition filed by the respondent herein, M/s. Vijay Shree Limited (hereinafter referred to as 'Company' for short) the appellants come up before us by way of this appeal. The two appellants are the officers of Union of India and have filed this appeal on behalf of Union of India. By the instant judgment and orders, the learned Single Judge directed the appellants to make payment of the amount to the Company for supply of second batch of 390 bales allegedly supplied by it. It was further directed that in default of a payment, the appellants would pay interest at the rate of 12% per annum. Shortly stated the facts are as under:2. The Company, Vijay Shree Limited, referred to as 'Company' herein, is a limited company and owned a jute mill. It is also a sick Company under the provisions of Sick Industrial Companies (S...
Nirmala Devi Vs. Ranjit Singh and anr.
Court: Kolkata
Decided on: May-06-2005
Reported in: (2005)3CALLT82(HC),2005(4)CHN763
Asit Kumar Bisi, J.1. The hapless widow has come to the door of this Court seeking justice and fair Trial of the case of murder of her husband. She being in torment has preferred the instant revision application under Section 401 read with Section 482 of the Code of Criminal Procedure against the Judgment and order of acquittal passed by the learned Additional Sessions Judge, First Court, Asansol on 30th January, 2002 in sessions case No. 130 of 2001 corresponding to S.T. No. 02 of 2002 under Section 302 of the Indian Penal Code.2. Shorn of details the prosecution case is that on 19th March, 1997 at about 23-00 hours Mongol Singh, Assistant Jamadar, R.S. Singh, Assistant Guard and Ranjit Singh, Assistant Guard and all attached to DVC, Maithan left the security control room of DVC, Maithan for nigh patrolling duty around Maithan by the Jeep. They stopped near Majumdar Niwas at about 2-00 A.M. on 20th March, 1997 for filling the jeep radiator with water. At that time there was hot alterc...
New India Transport Corporation (Regd) Vs. Commercial Tax Officer
Court: Kolkata
Decided on: May-06-2005
Reported in: [2006]145STC70(Cal)
1. The petitioner, a registered partnership firm, carryingbusiness as a transporter, approach the West Bengal Taxation Tribunal with the following grievances :On March 9, 2004 when the vehicle being No. HR37J-6937, loaded with goods was approaching Andal, respondent No. 1 intercepted the truck at Kajore at about 3 p.m. On being asked the driver produced the relevant documents like invoices, consignment notes and the way bills. Respondent No. 1 took possession of the said documents and directed the truck to be brought to Durgapur Range office for physical verification of the goods and the documents. The respondent No. 1 issued a detention order dated March 9, 2004. On March 10, 2004 respondent No. 1 gave a seizure receipt to the driver of the vehicle after seazing the goods which included 28 bundles of fibre glass sheets for which there was no coverage in the bills ; zip rolls and I.S. core which were of different quantity from what was mentioned in the bill. It was alleged that all the...
Ramgati Khan Vs. Gobinda Chandra Khan
Court: Kolkata
Decided on: May-06-2005
Reported in: 2006(4)CHN328
Jyotirmay Bhattacharya, J.1. Since common questions of law are involved in both these revisional applications, this Court proposes to dispose of both the aforesaid revisional applications by a common order.2. These applications under Article 227 of the Constitution of India are directed against two appellate orders passed in connection with two appeals arising out of two pre-emption proceedings both initiated by the common pre-emptor against the common pre-emptee under Section 8 of the West Bengal Land Reforms Act.3. The pre-emptee is the petitioner in both the applications.4. The pre-emptor filed two applications for exercising his right of preemption in respect of two separate transactions by which the original raiyat of the land transferred two different plots of land being plot Nos. 2453 and 2454 to the pre-emptee, a stranger purchaser, on the ground of vicinage.5. The learned Trial Judge rejected both the applications for pre-emption by holding, inter alia, that the pre-emptor doe...
Niren Adhikary Vs. State of West Bengal
Court: Kolkata
Decided on: May-05-2005
Reported in: 2006(4)CHN703
V.S. Sirpurkar, C.J.1. This is an appeal against the conviction of the appellant for offence under Sections 306, IPC and 498A of the IPC. On the first count the accused-appellant was convicted to undergo rigorous imprisonment for ten years and on the second count he was convicted rigorous imprisonment for three years along with fine.2. The prosecution case was that Nepti, the unfortunate girl, who died, was married to the appellant, Niren Adhikary, and she committed suicide in her own marital house nearly one year and six months after her marriage by hanging herself. The prosecution case further was that Nepti, who was an orphan girl and grew up in her maternal uncle's house, even she used to tell her maternal uncle, her cousins and other relations like uncle, etc., that she used to be ill-treated by her husband as well as her father-in-law. Eventually, Dakeya Adhikary, who was also an accused, has been acquitted by the Trial Court and since there is no appeal against the acquittal of ...
Goutam Hazra and anr. Vs. Pinaki Hazra and ors.
Court: Kolkata
Decided on: May-04-2005
Reported in: 2005(3)CHN364,2006(2)CTLJ121(Cal)
Bhaskar Bhattacharya, J.1. This appeal is at the instance of the plaintiffsin a suit for dissolution of partnership firm and accounts and is directed againstOrder No. 19 dated 17th March, 2001 passed by the Civil Judge, Senior Division,1st Court, Barasat in Title Suit No. 105 of 2000 thereby rejecting the plaint onthe basis of application filed by the defendant.2. The present appellants filed the aforesaid Title Suit No. 105 of 2000thereby praying for the following relief:'(a) A decree for dissolution of partnership business may be passed againstthe principal defendant directing the principal defendant to renderthe accounts in favour of the plaintiffs from the year 1996-2000.(b) An order of permanent injunction may be passed against the principaldefendant restraining him from taking/grabbing the capitals from thesaid firm of the said partnership business and/or from investing thecapital of the partnership firm into other business and/or from removingthe books of accounts from the place...
Amit Kumar Sen and ors. Vs. K.A. Rao, Deputy Registrar of Companies
Court: Kolkata
Decided on: May-04-2005
Reported in: (2005)3CALLT120(HC),2005(4)CHN92,[2006]132CompCas675(Cal),[2006]65SCL252(Cal)
Asit Kumar Bisi, J.1. By the instant application under Section 482 of the Code of Criminal Procedure the petitioners have sought quashing of the proceedings in Case No. C/4132/2001 under Section 217(5) of the Companies Act, 1956 (in short the Act) pending before the learned Metropolitan Magistrate 10th Court, Calcutta.2. The facts anterior to filing of the instant application, may briefly be narrated thus.3. M/s. East India Pharmaceuticals works Limited (hereinafter referred to as the Company) was incorporated under the Indian Companies Act, 1913 on 27th April, 1936 bearing registration No. 2108598 and having its registered office at 6, Little Russel Street, Kolkata - 700071. Petitioner Nos. 1 and 2 are the Joint Managing Directors and petitioner Nos. 3 and 4 are the Directors of the Company. For the financial year ending 31st, March, 1993 the statutory Annual General Meeting (AGM) of the Company was held on 17th September, 1993 and at the said meeting audited accounts of the company f...
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