Kolkata Court August 2005 Judgments
Tajmul HossaIn Shah @ Taju Shah and anr. Vs. State of West Bengal and ...
Court: Kolkata
Decided on: Aug-31-2005
Reported in: 2006(4)CHN267
P.N. Sinha, J.1. This revisional application under Section 482 of the Code of Criminal Procedure (in short Code) has been filed by the petitioners aiming at quashing of the investigation in connection with Dantan P.S. Case No. 67 dated 12.7.05 under Sections 363/365/366/484/465/323/506 of the Indian Penal Code (in short IPC) corresponding to G.R. Case No. 976/05 now pending before the learned Chief Judicial Magistrate, Paschim Medinipur at Midnapore Sadar.2. Mr. Prabir Mitra, learned Advocate for the petitioners submitted that eldest son of petitioner No. 2 has been given in marriage with de facto complainant's daughter namely Samsunnar Bibi. Petitioner No. 1 being another son of petitioner No. 2 developed intimacy with another daughter of de facto complainant Sk. Islauddin and name of the said daughter of de facto complainant is Samsunnar Khatoon. The petitioner No. 1 and the said daughter of de facto complainant were married without permission of the de facto complainant. The said ma...
Tag this Judgment!Khazana Projects and Industries Pvt. Ltd. Vs. Additional District Magi ...
Court: Kolkata
Decided on: Aug-30-2005
Reported in: AIR2006Cal41
ORDERJayanta Kumar Biswas, J.1. The only question involved in this writ petition is whether ordinary earth can be considered one of the minor minerals within the meaning of provisions of the Mines and Minerals (Regulation and Development) Act, 1957, S. 3(e), and provisions of the West Bengal Minor Minerals Rules 1973 and 2002.2. The petitioner company was working as a contractor of the eighth respondent (Indian Oil Corporation Limited). Towards execution of works in terms of the Contract, it extracted ordinary earth, and as a result authorities under the above mentioned Act and Rules demanded royalty and cess. Contending that for extraction of ordinary earth it was not liable to pay royalty and cess the writ petition was taken out,3. It is argued that definition of the expression 'minor minerals' did not include ordinary earth as one of the minor minerals, and that the expression 'ordinary clay' mentioned in the definition cannot be interpreted to include ordinary earth. Advocate for t...
Tag this Judgment!Tapash Majumder and anr. Vs. Dr. Pranab Dasgupta and ors.
Court: Kolkata
Decided on: Aug-30-2005
Reported in: AIR2006Cal55
ORDERKalyan Jyoti Sengupta, J.1. Both the aforesaid two applications have been made in connection with the aforesaid suit which has been filed by the plaintiffs for the reliefs amongst others of declaration that the purported final voter list prepared at the instance of the present Executive Committee is null and void, illegal, fraudulent and ineffective and not binding on the plaintiffs and the members of the Club; the declaration that the said purported voter list be delivered up and cancelled; preparation and correction of the final voter list by Special Officer or Administrator to be appointed by the Hon'ble Court and inclusion of the names of all eligible members of the voter list and correction of the voter list by correcting address, declaration that the Rule 11(e) of the East Bengal Club Rules is null and void and not binding upon the plaintiffs and other members of the Club and cancellation of the Rules and other consequential reliefs.2. The first mentioned application being G...
Tag this Judgment!Nishi Roy Vs. State of West Bengal
Court: Kolkata
Decided on: Aug-30-2005
Reported in: 2006(4)CHN255
Alok Kumar Basu, J.1. Nishi Roy, the juvenile delinquent, being convicted under Section 302 of the IPC by the ld. Sessions Judge. Purulia on 27th May, 1997 in connection with Sessions Trial No. 15 of 1996 corresponding to Sessions Case No. 105 of 1996 was ultimately sentenced to suffer detention for life in lieu of sentence of imprisonment for life and the ld. Sessions Judge directed the Purulia Jail authority to keep the delinquent in segregation from other habitual offenders.2. Nishi Roy has been serving his sentence for a considerable period of time and subsequently being transferred to Midnapur Central Jail, he preferred an appeal through the Jail authority which gave birth to the present criminal appeal being 227 of 1997.3. The prosecution case leading to the starting of the sessions trial before the ld. Judge, Purulia was in brief that on 13th January, 1994 at Pat Jhalda under the P.S. Jhalda in the district of Purulia, the delinquent took one Rajesh Goswami, aged three and half ...
Tag this Judgment!Machu Gagrai Vs. State of West Bengal
Court: Kolkata
Decided on: Aug-30-2005
Reported in: (2006)1CALLT557(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, 1st Court, Howrah in Sessions Trial Case No. XX (October), 2001 on 28.2.2002.2. Shortly put, the prosecution case is that on 28.05.2001 at about 8.30 p.m. while accused Machu Gagrai in drunken condition was cutting jokes with the female labourers of the brickfield of Bablu and wanted to put vermilion on the forehead of a labourer Lachmi Bedra, the defacto complainant's husband Kishan Gagrai, a coolie leader of the said brickfield who was also intoxicated, protested saying that putting vermilion on the said girl would hot be allowed, as he had taken the girl from her father and the accused is at liberty to do whatever he wishes after his taking back the girl to her father at her native place. It followed an altercation and thereafter scuffle between them and in this way they proceeded towards the house of the accused. At ...
Tag this Judgment!State of West Bengal and ors. and Alpana Banerjee Vs. Balaram Halder a ...
Court: Kolkata
Decided on: Aug-29-2005
Reported in: 2006(1)CHN532
1. Let the appeal be registered and the stamp reporter is to append the report within 48 hours.2. In pursuance of an order passed by this Court to consider the prayer for grant of permit in the route Calcutta - Purulia to the petitioner, the State Transport Authority took a resolution for grant of permit in the route Howrah - Purulia. But at the time of granting the permit, it was granted in the route Calcutta - Purulia. The learned Single Judge, in the order dated 8'' of August, 2005 was pleased to find that this was done in connivance with some of the officers who have been named in the said order as it was evident from the report submiti ed by the Secretary, State Transport Authority on 5th of August, 2005. In the circumstances, the learned Single Judge was pleased to direct an investigation by the CBI and also for initiation of a departmental proceedings against the officers named in the said report prohibiting plying of the vehicle by the respondent/applicant. Against the said ord...
Tag this Judgment!Sushil Oraon Vs. State of West Bengal
Court: Kolkata
Decided on: Aug-29-2005
Reported in: 2006(2)CHN314
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, Jalpaiguri in Sessions Case No. 31 of 1996 (S.T. No. 24 of 1996) on 03.09.1996.2. Briefly stated, the prosecution case is that the de fecto complainant's elder brother Sushil Kumar Das @ Nanu, aged about 72 years, used to reside in his farmhouse at Tesimla. On receipt of an information on 11.04.1995 at about 3.00 a.m. from Chanchal Sabar, an employee of the said farmhouse, that another employee Sushil Oraon assaulted his elder brother with an axe on his head on the last night at about 9.00 p.m., the de facto complainant (P.W.1) with his youngest nephew Subrata Das (P.W. 12) immediately rushed to the farmhouse. On their call Sushil Oraon fled away but they found the wrist watch of his elder brother on the bed of his room and after thorough search they could find the deadbody of his elder brother with bleeding i...
Tag this Judgment!B.G. Pharmaceuticals and ors. Vs. State Bank of India
Court: DRAT Kolkata
Decided on: Aug-26-2005
Reported in: III(2006)BC193
1. 1. The matter relates to an application under proviso of Section 21 of the RDDBFI Act, 1993 (51 of 1993), read with Rule 9 of the Rules.2. The appellants have filed the instant appeal challenging the order dated 14th February, 2005, passed by the learned Presiding Officer, D.R.T., Cuttack, Orissa, in Original Application No. 130 of 2002, with the allegation that the said order is arbitrary, mala fide and in violation of the principles of natural justice, so far as the appellants are concerned.3. The appellants contend that they have a strong prima facie case and have every chance of success in the appeal, that the appellant No. 1, Gyanaranjan Dash, has been suffering from serious financial crisis, that several attempts have been made for revival of the sick unit of the appellant No. 1, but those failed, that the appellant No. 1, however, is desperately trying to get the unit revived by organising private finance, that the super-cyclone in Orissa added to the misery in financial los...
Tag this Judgment!Shrimati Laxmi Sharma Vs. District Inspector of Schools (Se)
Court: Kolkata
Decided on: Aug-26-2005
Reported in: (2005)3CALLT382(HC)
Girish Chandra Gupta, J. 1. Ram Shankar Sharma was an Assistant Teacher engaged with Arya Parishad Vidyalaya situate at 1, Nimak Mahal Road, South Eastern Railway, Kolkata - 43. He died on 14th November, 2001. An application was thereafter made for appointment on compassionate ground by the writ petitioner. She is an educated lady. The concerned D.I. of Schools by his letter dated 31st October, 2002 addressed to the Secretary, West Bengal Regional School Service Commission for appointment of the writ petitioner on compassionate ground consequent to the death of aforesaid Ram Shankar Sharma. However, the proposal was directed to be kept in abeyance by the concerned D.I of Schools by his letter dated 18th July, 2003 in view of the fact that one Kanaklata Sharma contended that she was the legally married wife of the deceased. The contention of Kanaklata was disputed by the writ petition and ultimately the writ petition was filed for cancellation of the letter dated 18th July, 2003 by whic...
Tag this Judgment!Ram Swarath Yadav and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-26-2005
Reported in: 2005(4)CHN756
Pravendu Narayan Sinha, J.1. As the points of law involved in these two revisional applications are identical, I intend to dispose of both the revisional applications by this judgment and order.2. C.R.R. No. 478/02 has been filed by Ram Swarath Yadav and two others under Section 401/482 of the Criminal Procedure Code (in short Code) praying for quashing the proceeding of Complaint Case No. C/649 of 2001 in which the learned Sub-Divisional Judicial Magistrate (in short SDJM), Alipore passed order to start investigation under Section 156(3) of the Code treating the complaint as First Information Report (in short FIR). Though they have prayed for quashing the said criminal proceeding, their main grievance is concerning issue of production warrant by the learned SDJM, Alipore in connection with Budge P.S. Case No. 31 dated 7.4.01 which, arose out of Case No. C/649 of 2001 seeking his production before the said Court from the Kanpur Correctional Home where he is now lodged under the custody...
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