Kolkata Court June 2005 Judgments
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Sudhangshu Pramanick and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: Jun-17-2005
Reported in: 2005(3)CHN420
Arun Kumar Bhattacharya, J.1. The hearing stems from an appeal preferred against the judgment and order of conviction and sentence passed by the Id. Assistant Sessions Judge, Diamond Harbour in Sessions Trial No. 5(4) 2001 on 02.04.2002.2. The miniaturized version of the prosecution is that the de facto complainant's sister Jayasree Mondal used to visit the house of their neighbours accused Khokan Maity and Sandhya Maity where accused Sudhangshu Pramanick used to frequent. On 11.09.1997 corresponding to 25th Bhadra, 1404 B.S. at about 1.30 p.m. with the active assistance of the said Khokan and Sandhya, accused Sudhangshu Pramanick committed rape on her said sister on a false assurance of marriage, resulting in her pregnancy followed by abortion by the accused persons through a local doctor. Salish was held over the incident on different dates, and in such a meeting on 28.07.1998 though the accused persons admitted the guilt of accused Sudhangshu of causing pregnancy of Jayasree followe...
Panchu Rani Dey Vs. Satyen Sengupta
Court: Kolkata
Decided on: Jun-17-2005
Reported in: 2005(4)CHN1
Bhaskar Bhattacharya, J.1. This appeal is at the instance of a landlord in a suit for eviction on the ground of default in payments of rent, subletting, changing the nature of user of the premises and also on the ground of causing nuisance and annoyance to the landlord and the neighbours and is preferred against the decree of dismissal of the suit.2. The present appellant filed the aforesaid suit for eviction of the respondent on the ground of default in payment of rent from July, 1980. Her further allegation was that the flat in question was let out to defendant exclusively for residential purpose but the defendant was using the said flat or a portion thereof for the purpose of photographic business for more than four months without the knowledge and consent of the plaintiff. The plaintiff further alleged that the premises were in occupation of the plaintiff herself and several other tenants and all of them used their respective portions only for residential purpose but as a business ...
Piyali Halder Vs. RathIn Kumar Halder
Court: Kolkata
Decided on: Jun-17-2005
Reported in: 2005(4)CHN690
Bhaskar Bhattacharya, J. 1. This appeal has been preferred by a wife under Section 19 of the Family Court Act being dissatisfied with the judgment and decree dated 12th April, 1999 passed by the learned Judge, Family Court in Matrimonial Suit No. 149 of 1997 granting a decree for judicial separation in favour of the husband.2. The husband filed the aforesaid proceedings in the Court of the learned District Judge for annulment of the marriage of the parties on the ground that his consent in such marriage was obtained by suppressing the fact that the wife was suffering from epilepsy.3. The present appellant filed written statement denying the allegations made in the plaint and ultimately the suit was transferred to the Family Court. After such transfer, the husband came up with an application for amendment thereby praying for an alternative remedy of decree for dissolution of marriage by divorce on the ground, of desertion and cruelty and such amendment was allowed.4. At the time of hear...
Md. Golam Hasen Vs. Fatema Sarkar and anr.
Court: Kolkata
Decided on: Jun-17-2005
Reported in: 2006(1)CHN222
Sadhan Kumar Gupta, J.1. This revisional application has been filed under Sections 401 and 482 of the Cr. PC against the judgment and order dated 16.2.2004 passed by the learned Sessions Judge, Dakshin Dinajpur at Balurghat in Criminal Revisional Application No. 35 of 2003 whereby he affirmed the order dated 26.6.2003 passed by the learned Chief Judicial Magistrate, Balurghat passed in MR Case No. 133 of 2001 filed under Section 3/4 of the Muslim Women (Protection of Rights on Divorce) Act, 1986.2. The case of the petitioner is that he was married with the opposite party according to Islamic rites and at the time of marriage Den Mohar was fixed at Rs. 8,101/-. As trouble started in between the parties, so the petitioner divorced the opposite party by pronouncing Talaks before the Quzi in writing, in presence of the witnesses on 29.10.1998. Said Talaknama was sent to the opposite party by registered post with A/D. But the opposite party/wife refused to accept the same. Subsequently, the...
Hariom Freight Carriers (P) Limited Vs. Commercial Tax Officer and ors ...
Court: Kolkata
Decided on: Jun-17-2005
Reported in: [2006]144STC401(Cal)
S.P. Talukdar, J.1. The present application under article 226 of the Constitution of India is directed against order dated April 13, 2005 passed by the learned West Bengal Taxation Tribunal, hereinafter referred to as 'the Tribunal', in RN. No. 164 of 2005.2. The backdrop of the present case may briefly be stated as follows :The vehicle being No. WE 23A/3641 was intercepted on August 15, 2004 at 2 P.M. during mobile duty. It was detained for physical checking in exercise of power given in Section 69 of the West Bengal Sales Tax Act, 1994. On physical checking it was found that 50 barrels of diacetone alcohol were kept concealed in the vehicle. Initially the driver of the vehicle remained tight lipped in regard to the actual quantity and kind of goods loaded in the vehicle. There were no way-bill in form 42 and supporting documents in support of the 50 barrels of diacetone alcohol. The Commercial Tax Officer demanded the relevant documents which were required to be produced. The driver ...
Sri Chandan Kr. Singh Alias Sinha Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-17-2005
Reported in: (2006)1CALLT510(HC)
Maharaj Sinha, J.1. An order of suspension dated 8 September, 2003 (reference No. GB/44/03) issued against the writ petitioner herein, Chandan Kr. Singh, by the Secretary on behalf of the governing body of the founder body of Diocese of Barrackpore is essentially under challenge in this writ application.2. By virtue of the said order of suspension the petitioner has still remained suspended and has not been able to discharge his duties as the headmaster of C.M.S. St. John's High School, at Krishnagar, in the District of Nadia, ever since though the said order of suspension was not approved 'by the Comittee constituted under Section 24 of the West Bengal Board of Secondary Education Act 1963' and though the concerned district Inspector of Schools informed the Secretary of the said C.M.S. St. John's High School, at Krishnagar, (hereinafter referred to as the said school) that the petitioner, Chandan Kr. Singh should be allowed to join 'his duty and act as per order of the Secretary, West...
Minati Paul Vs. State of West Bengal
Court: Kolkata
Decided on: Jun-16-2005
Reported in: 2005(4)CHN565
Jyotirmay Bhattacharya, J.1. This application under Article 227 of the Constitution of India is directed against the judgment and order dated 20th June, 2001 passed by the learned Additional District Judge, 1st Court, Jalpaiguri in Misc. Appeal No. 27 of 1999 affirming the order dated 20th September, 1999 passed by the Authorized Officer, Jalpaiguri District and the Divisional Forest Office, Jalpaiguri Division.2. By the order impugned, the order passed by the authorized officer confiscating the vehicle No. WGV-4088 along with the tools, forest produce seized by the State Government under Section 59A(3) of the Indian Forest Act, 1927, was affirmed in appeal by the learned Additional District Judge, 1st Court at Jalpaiguri.3. Both the authorized officer as well as the learned Court below concurrently held that a forest offence had been committed in respect of the forest produce belonging to the State Government by the registered owner of the vehicle being vehicle No. WGV-4088 which was ...
Dinesh Shee and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-16-2005
Reported in: 2005(4)CHN681
Jyotirmay Bhattacharya, J. 1. The auction for settlement of ferry ghats and hat /bazar situated within Sandeshkhali-1 Panchayat Samiti could not be held on the scheduled date, i.e., on 21st April, 2004 on account of Parliamentary election. As such, the concerned Panchayat Samiti by its letter under Memo No. 660(8) dated 13th April, 2004 being Annexure 'P-1' to this writ petition authorized the Pradhan, Nazat-II Gram Panchayat to realise toll tax from the Nazat Kalinagar Ferry Ghat and Nazat Bazar I Hat for a limited period. The Pradhan of the concerned Gram Panchayat, instead of realising the toll tax from the said ferry ghat and hat I bazar himself, authorized one Dhananjoy Mahato to collect such toll tax from the said ferry ghat and hat I bazar and to look after the administration thereof through four appointed persons who are the petitioners before this Court.2. Subsequently an auction notice was issued by the Executive Officer, Sandeshkhali-1 Panchayat Samiti for holding auction fo...
Union of India (Uoi) Vs. Pam Development Pvt. Ltd.
Court: Kolkata
Decided on: Jun-15-2005
Reported in: AIR2005Cal332,2005(3)ARBLR548(Cal),2005(4)CHN279
Aniruddha Bose, J.1. The present appeal before us is against a judgment of an Hon'ble Single Judge of this Court rejecting an application filed under Section 34 of the Arbitration and Conciliation Act, 1996 (the Act) for setting aside an award made and published by Sri Satyabrata Mitra, a retired Judge of this Court. The appellant before us is Union of India, who had entered into an agreement with the respondent for the purpose of construction of an industrial covered loco shed and certain allied works at a place close to Calcutta, being Santragachi. The respondent had entered into the agreement after being successful in a tender floated by the railway administration, being a department of the appellant.2. The agreement contained an arbitration Clause being Clause 64 of the general conditions of contract, the text of which is reproduced below :'64(3)(a) ARBITRATION: Matters in question, dispute or difference to be arbitrated upon shall be referred for decision to :3(a)(i) A sole Arbitr...
Ganesh Banzoplast Limited Vs. Hindusthan Paper Corporation Limited
Court: Kolkata
Decided on: Jun-15-2005
Reported in: III(2006)BC124,(2005)3CALLT385(HC)
Aloke Chakrabarti, J. 1. This is an appeal against the Judgment and order passed by a learned single Judge of this Court on an application under Section 34 of the Arbitration and Conciliation Act, 1996. Facts relevant, as appear from the records, are that respondent issued Tender inviting offer for entering into yearly rate contract for the supply of common (industrial grade) salt by railway rakes as per specifications for its Nagaon and Chcher Paper Mills in Assam. The appellant made an offer at the rate of Rs. 625/- per metric ton which was accepted by the respondent and rate contract dated 13th May, 1999 was entered into for supply of 50,000 metric tones of common (industrial grade) salt at the said rate of Rs. 625/- per metric ton duly packed in new HDPE bags.2. In terms of the said contract, the appellant from time to time sold and delivered to the respondent 2332.800 metric tones.. 2331.750 metric tones and 2351.175 metric tones of common (industrial grade) salt aggregating to 70...
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