Kolkata Court July 2005 Judgments
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National Insurance Co. Ltd. Vs. Kripa Sindhu Nayak and ors.
Court: Kolkata
Decided on: Jul-20-2005
Reported in: 2006ACJ447
P.K. Samanta and S.P. Talukdar, JJ.1. Mr. K.K. Das, learned advocate appearing on behalf of the appellant insurance company undertakes to deposit all the amounts pursuant to the order of this court dated 21.6.2005. [CAN Application Nos. 4001 and 4002 of 2005]. Upon such assurance this appeal is taken up for disposal in presence of the learned advocates for the parties.2. Mr. Das in support of this appeal raised preliminary point as to the maintainability of the application under Section 166 of the Motor Vehicles Act, 1988, on the ground that the accident having occurred on 11.11.1989, the learned Claims Tribunal did not have the jurisdiction to entertain such application as the said Act did not come into force on the date of the said accident. In support of such contention Mr. Das referred to the provisions of subsection (3) of Section 1 whereby the State Government was vested with the power to enforce the aforesaid Act in this State from a date different from the date on which the Act...
Dhiren Ghata and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-19-2005
Reported in: (2006)1CALLT475(HC),2005(4)CHN456
V.S. Sirpurkar, C.J.1. The appellants challenge in this appeal the judgment by the Id. Additional Sessions Judge, Alipore convicting the accused for an offence under Section 364 read with Section 34 IPC and sentencing them to suffer rigorous imprisonment for seven years and also to pay a fine of Rs. 1,000/- each. Initially all the accused persons were also charged for the offence under Section 302 IPC. However, the Trial Court has not convicted them for an offence under Section 302 IPC though there is no clear order of their acquittal anywhere in the judgment. It is only to be presumed from the judgment that all the accused have been acquited of the offence under Section 302 IPC.2. Shortly stated the prosecution case was that the accused persons used to run a distillery at a village called Buita (perhaps illegally) and one Sannyashi Singh used to work with them at a monthly salary of Rs. 150/-. That there was some dispute on account of the arrears of wages of Sannyashi Singh as he was ...
Kinu Md. Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-19-2005
Reported in: (2005)3CALLT584(HC)
Arun Kumar Bhattacharya, J.1. The present appeal is directed against the Judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, 2nd Court, Balurghat, Dakshin Dinajpur in Sessions Case No. 22/1996 (Sessions Trial No. 12/1996) on 05.10.1996.2. The miniaturized version of the prosecution is that on 28.05.1995 at about 2.00 a.m. accused Kinu Md. committed murder of his wife Hasen Banu by cutting her throat with a sharp-cutting weapon. On hearing a hue and cry the defacto complainant had been to the house of the accused and came to learn from his mother Rakhia Bewa (PW 2) that on hearing a restless sound from the adjacent room of her son Kinu while she went there, she found her daughter-in-law in throat-cut condition and on her query when the accused placed the sharp-cutting weapon on her chest, she caught the same with her left hand resulting in injury in her finger and the accused fled away leaving the said weapon. The accused made extra judicial st...
Manju Devi and anr. Vs. New India Assurance Co. Ltd. and anr.
Court: Kolkata
Decided on: Jul-19-2005
Reported in: IV(2005)ACC381,2006ACJ275
P.K. Samanta and S.P. Talukdar, JJ.1. This is an appeal by claimant-appellant against the judgment and order on disposal of the claim petition filed under section 166 of the Motor Vehicles Act, 1988 on the death of a minor child of the claimant-appellant in a motor accident. The said accident occurred on 31.1.1998. The involvement of the offending vehicle being a Maruti vanhaving registration No. WB 02-B 6886 in the said accident was proved in evidence before the learned Claims Tribunal. It was further proved that the cause of the accident was the rash and negligent driving of the same by its driver. The learned Claims Tribunal held that the said minor child was not an earning member on the date of the accident and as such on her death, the claimants-appellants were not entitled to any compensation whatsoever under section 166 of the said Act. this Court in the case of Suniti Mondal v. New India Assurance Co. Ltd. , has held that in case of death of a minor child in a motor accident wh...
Paikar Hemram @ Pata Kumar Hemram Vs. National Insurance Co. Ltd. and ...
Court: Kolkata
Decided on: Jul-18-2005
Reported in: III(2006)ACC455
P.K. Samanta, J.1. The present appeal is directed against the judgment and award dated 20th August, 2004 passed by the learned Motor Accident Claims Tribunal, Fast Track Court, Asansol in M.A.C. Case No. 19 of 2004/146 of 2003.2. The backdrop of the present case may be briefly stated as follows:The present claimant/appellant filed the application under Section 166 of the Motor Vehicles Act before the learned Tribunal claiming compensation. It was claimed in the said application that on 19th March, 2001 at about 18.45 hours, a bus being W.B. 37/4099 knocked the petitioner-appellant causing thereby severe injuries. The petitioner was admitted at the S.D. Hospital, Asansot where he was under treatment from 19th March, 2001 to 4th April, 2001. It was specifically claimed that such accident took place due to rash and negligent driving of the said vehicle. Over such accident case being Jamuria P.S. Case being No. 40 of 2001 dated 19th March, 2001 under Sections 279/338/427, I.P.C. was starte...
Mr. Sunirmal Kumar Ray Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Jul-15-2005
Reported in: (2005)3CALLT316(HC),[2006(110)FLR374],(2006)IILLJ60Cal
ORDERJyotirmay Bhattacharya, J. 1. Challenging the order of suspension, the petitioner has filed this writ petition claiming various service benefits against his employer, the respondent No. 2 herein which is a Company registered under the Indian Companies Act, 1956.2. A preliminary objection regarding the maintainability of this writ petition was taken by Mr. Pal, learned Advocate, appearing for the respondent No. 2 on the ground that since the respondent No. 2 is a Company registered under the Indian Companies Act, 1956, the said respondent is neither a State nor an instrumentality of the State nor any other local nor other authorities within the meaning of Article 12 of the Constitution of India and as such writ does not lie against the said respondent.3. Since a preliminary objection regarding the maintainability of the writ petition was raised by Mr. Pal, this Court thought it fit to decide the said objection first before entering into the merit of the said application.4. By drawi...
Kartick Debnath Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-14-2005
Reported in: 2005(4)CHN82
Debiprasad Sengupta, J.1. The present appeal is preferred against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, 4th Court, Burdwan in Sessions Case No. 18 of 1997 (Sessions Trial No. 1 of 2000) thereby convicting the appellant under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life and a fine of Rs. 2,000/-, in default to suffer further R.I. for two months.2. Prosecution case, in short, is that the informant Joydeb Mitra (P.W.1) having received an information over telephone from P.W. 2 Sohanlal Routh on 2.12.94 at about 1.30 p.m. that one Kartick Debnath poured kerosene oil on his wife and set fire on her, rushed to the brick field, of which he is one of the partners and the accused is a worker. The informant after reaching the place of occurrence, i.e. the house of accused Kartick Debnath in the brick field, found the accused Kartick detained by the workers of the brick field and the victim Bulb...
Kripal Mohon Virmani Vs. the Assistant Collector of Customs and anr.
Court: Kolkata
Decided on: Jul-14-2005
Reported in: (2005)3CALLT395(HC),2006(1)CHN74
Asit Kumar Bisi, J. 1. By the instant application under Section 482 of the Code of Criminal Procedure the petitioner Kripal Mohan Virmani has sought quashing of the proceeding of Case No. C/173 of 1987 pending in the Court of the learned Chief Metropolitan Magistrate, Calcutta. It has been alleged inter alia in the application that a petition of complaint under Sections 21, 23, 29 and 30 of the Narcotic Drugs and Psychotropic Subtances Act (hereinafter referred to as the said Act) and under Section 135A of the Customs Act was filed by Mr. B.D. Mishra, Intelligence Officer, Directorate of Revenue Intelligence, New Delhi against the petitioner and one Subhas Chandra, Narang both of New Delhi in the Court of the learned Additional Chief Metropolitan Magistrate, New Delhi whereupon the said complaint was registered as case No. 267/ 1. As per the allegations made in the complaint against the petitioner, the Officers of Preventive Collectorate, West Bengal intercepted one truck bearing No. D...
Steel Authority of India Ltd. and anr. Vs. Pranabesh Kumar Samanta and ...
Court: Kolkata
Decided on: Jul-14-2005
Reported in: 2005(4)CHN802,(2006)IILLJ129Cal
V.S. Sirpurkar, C.J. 1. This judgement shall dispose all three appeals they being F.M.A No. 1556 of 2000; F.M.A No. 1560 of 2000 and M.A.T No. 293 of 2000. For the sake of convenience we shall deal with the facts in appeal being F.M.A No. 1556 of 2000. All these appeals are at the instance of Steel Authority of India Limited (hereinafter referred to as SAIL) against the judgement of the learned Single Judge whereby the learned Single Judge has allowed three writ petitions filed by the respondents herein. He issued a writ of mandamus directing SAIL to extend the benefit of the modified voluntary retirement scheme contained in Circular No. PERS(C/F)/VR-98/l/Modi/262 dated 29th May, 1998 to the writ petitioners and also to take appropriate steps in respect thereof within two months from communication of the orders.2. Some basic facts would be required to be stated for understanding the controversy.3. All the respondents herein and the original writ petitioners were working with the SAIL i...
Smt. Padmabati Debi Vs. Chittaranjan Dasgupta and anr.
Court: Kolkata
Decided on: Jul-14-2005
Reported in: (2005)3CALLT516(HC)
Jyotirmay Bhattacharya, J.1. The second appeal is directed against the Judgment and decree dated 8th September 2004 passed by the learned Additional District Judge, 5th fast track Court at Barasat in Title Appeal No. 02 of 2004 reversing the Judgment and decree dated 8th September 2003 passed by the learned Civil Judge (Junior Division), 3rd Court at Sealdah in Title Suit No. 70 of 1999.2. The appellant in this appeal was the plaintiff in a suit for eviction on the ground of subletting.3. The plaintiff filed a suit for eviction against the defendant No. 1 (tenant) on the ground of subletting.4. The plaintiff alleges that the defendant No. 1 who is a tenant in respect of the suit property lying at premises No. 132C, Nagendra Nath Road, PS Dumdum has permanently shifted his residence to premises No. A-52, Survey Park, Santoshpur, Kolkata - 75 after subletting the suit premises in favour of his elder brother the defendant No. 2. Hence this suit was filed after service of notice of ejectme...
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