Kolkata Court January 2006 Judgments
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G.S. Marketing Associates and ors. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Jan-18-2006
Reported in: 2006(2)CHN596
V.S. Sirpurkar, C.J. 1. This appeal is against the order passed by the learned Single Judge by which the learned Single Judge has dismissed the writ petition filed by one G.S. Marketing Associates and others. In that writ petition, the petitioners have challenged the decision of the military authorities dated 8th of December, 2005 by which they refused to grant permission to hold a trade fair by using a part of the Kolkata Maidan during the period from 28th of April, 2006 to 9th May, 2006. The said refusal was on the ground that the Calcutta High Court had already in its judgment observed that fairs, exhibitions and other events usually held in Brigade Parade Ground should be reduced to preserve the ecology of the only large open space in Kolkata. The petitioners, inter alia, pleaded that at that time similar such permission was granted to Bengal National Chamber of Commerce and Industry to hold a similar trade fair and, therefore, in refusing the permission to the petitioners, they we...
Parul Debnath and ors. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Jan-18-2006
Reported in: 2006(3)CHN462
Jayanta Kumar Biswas, J.1. This appeal has been preferred against the order of the Single Judge dated December 8, 2005, which is :After having heard both the learned Advocate Mr. B. K. Das and Mr. S. K. Mondal, appearing on behalf of the petitioners and the concerned respondents respectively, the order was passed Yesterday namely on 7.12.2005.The matter has appeared today in the cause list as 'to be mentioned' at the instance of this Court. It is found from the cause title of the present writ petition that about 130 writ petitioners, who are employed as Home Guards have joined together and filed one writ application to obtain relief individually in their favour.If the writ petition succeeds, all the writ petitioners, who have joined together in this writ petition, will be individually benefited in respect of their claims in this writ application. However, I am not minded to direct each writ petitioner to file a separate writ application at this stage.Instead, the writ petitioners, who ...
Md. Nadir Khan (In Jail), Md. Ajad @ Shamim (on Bail) Vs. State of Wes ...
Court: Kolkata
Decided on: Jan-17-2006
Reported in: 2006(1)CHN699
Alok Kumar Basu, J.1. This appeal was preferred challenging the order of conviction and sentence passed by the learned Additional Sessions Judge, 1st Court, Alipore in the district of 24 -Parganas (South) in connection with Sessions Trial No. 1(1) of 1995 corresponding to Sessions Case No. 18(7) of 1994 arising out of section R Case No. 3 dated 10th February, 1994.2. In all name of three persons figured in the final chargesheet submitted by police under Section 302/201/34 of the IPC and of those three persons, Md. Mayeen @ Raju did not face the trial and hence, charge under Section 302/34 of the IPC in the alternative Section 201/34 of the IPC was framed against the present appellants Md. Nadir and Md. Ajad.3. The prosecution case, in brief, was that on 10th February, 1994 in the afternoon, deadbody of an unknown youth was found in the Christian Cemetery at 184, A.J.C. Bose Road, Kolkata-17 within P.S. Beniapukur. The deadbody was detected by the Secretary of the said Cemetery and Beni...
Dinesh Dalmia Vs. the Commissioner of Police and ors.
Court: Kolkata
Decided on: Jan-17-2006
Reported in: (2006)2CALLT68(HC)
Pratap Kumar Roy, J.1. These two writ applications are taken up for hearing analogously. Originally these writ applications were filed before High Court at Judicature of Madras. In the both the two writ petitions the petitioners is the same person. The writ petition No. W.P. 1583 of 2004 was registered by the Registry of Calcutta High Court, which was originally filed in Madras High Court being W.P. No. 44714 of 2002 and the writ petition No. W.P. 1584 of 2004 was registered by the High Court at Calcutta, which was originally filed in the High Court at Madras being W.P. No. 44701 of 2002. In W.P. 1583 of 2004, the petitioner has prayed for quashing of his name from the First Information Report wherein his name appears in the status of accused in Park Street Police Station/D.D. Case No. 300 dated 23rd September, 2001 under Sections 120B/420/409/385/511 IPC and in the writ petition W.P. 1584 of 2004 petitioner has prayed for quashing of his name from the First Information Report wherein ...
Siraj Mondal Vs. State of West Bengal
Court: Kolkata
Decided on: Jan-16-2006
Reported in: 2006(1)CHN567
Sankar Prasad Mitra, J.1. This appeal is directed against the judgment dated 20th April, 2002 passed by the learned Sessions Judge, 4th Court, Midnapore, in Sessions Trial Case No. XLVII of September, 2001, arising out of G. R. Case No, 141 of 2000, whereby, the appellant was convicted and sentenced under Section 302 of IPC to undergo life imprisonment. The appellant was further sentenced to suffer rigorous imprisonment for three years under Section 201 of IPC with a further direction that both the sentences would run concurrently.2. The fact of this case to be stated in brief is that on 17th May, 2000, in the early morning the de facto complainant Rabindranath Ghosh (Prodhan) Gochati Gram Panchayat came to know from the local people that a deadbody was lying smeared with blood at Nayanjuli in a public place on the southern side of the metalled road at village Tajpur. It was learnt from the local source that the deceased Najrul Mollah, aged about 45/46 was a resident of 24-Parganas (So...
Jaganmoy Banerjee and ors. Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Jan-16-2006
Reported in: (2006)2CALLT44(HC),2006(2)CHN68
Arun Kumar Bhattacharya, J.1. The hearing stems from an application under Section 482 Cr.PC filed by the petitioners praying for quashing the proceeding being G.R. Case No. 599/2003 arising out of Suri P. S. Case No. 193/2003 dated 24.11.2003 under Sections 176/346/317/120B IPC read with Sections 41/45 of the Juvenile Justice Act, 1986, pending in the Court of Id. Sub-Divisional Judicial Magistrate, Suri, Birbhum.2. The circumstances leading to the above application are that petitioner No. l is a Senior Medical Officer of Suri Sadar Hospital, while petitioner Nos. 2, 3 & 4 are President, Secretary and Treasurer respectively of a registered Non-Government Organization in the name of Aurobinda Anusilan Society which runs a Short Stay Home and Creche apart from its involvement in various welfare and voluntary social services. One Chanchal Kazi and Smt. Dipali Kazi approached petitioner No. 1 at his residence for abortion of Smt. Kazi as she was in her family way before marriage, and despi...
Sk. Abdul Gaffar Vs. Mira Das Roy and ors.
Court: Kolkata
Decided on: Jan-13-2006
Reported in: 2006(2)CHN5
Bhaskar Bhattacharya, J.1. This first miscellaneous appeal is at the instance of a respondent in proceedings under Section 24 of the West Bengal Non-agricultural Tenancy Act and is direction against an order of pre-emption dated 6th December, 1986 passed by the learned Assistant District Judge, 5th Court, Alipore in Miscellaneous Case No. 23 of 1983 under the West Bengal Non-agricultural Tenancy Act.2. The respondents herein filed an application under Section 24 of the West Bengal Non-agricultural Tenancy Act claiming pre-emption of a transfer in favour of the appellant. Such application gave rise to Miscellaneous Case No. 23 of 1983. The present appellant contested the proceedings by filing written objection and ultimately, the learned Assistant District Judge by order dated 5th December, 1986 allowed the said miscellaneous case thereby passing an order of pre-emption in favour of the respondents.3. Being dissatisfied, the appellant has come up with the present first miscellaneous app...
Soorajmull Nagarmull Vs. Dalhousie Properties Ltd. and ors.
Court: Kolkata
Decided on: Jan-13-2006
Reported in: (2006)2CALLT1(HC)
Soumitra Sen, J.1. This instant application has been filed on behalf of the defendant No. 1 for dismissal of the suit.2. The application filed by the defendant/petitioner for the above relief is in the nature of an application under Order 7, Rule 11 of the Code of Civil Procedure. It has been submitted on behalf of the defendant/petitioner that the plaintiff/respondent, being an unregistered partnership firm, is not entitled to file the suit in its own name by reason of the specific statutory bar contained in Section 69(2) of the Partnership Act, 1932. It is also submitted on behalf of the defendant/petitioner that the reliefs as claimed in the suit arise out of a contract and are necessarily for the enforcement of a right arising out of a contract, therefore, the bar of Section 69(2) of the Partnership Act squarely applies in the instant case.3. In order to appreciate the respective contentions made on behalf of the parties, it would be proper at this stage to examine the reliefs as c...
Purnendu Kumar Sengupta Vs. Sandip Bagchi Alias Bhola and ors.
Court: Kolkata
Decided on: Jan-13-2006
Reported in: (2006)2CALLT24(HC)
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 revision of the order of acquittal passed by the learned Assistant Sessions Judge, Jalpaiguri in Sessions Case No. 119/2000 (S.T. No. 30/2000) under Sections 498A/306 IPC on 30.04.2002.2. The miniaturised version of the Prosecution is that the defacto complainant's daughter Kakali Sengupta was married with the present petitioner No. 1 Sandip @ Bhola Bagchi on 20.06.97. After a few months altercation and scuffle took place regularly between Sandip and his mother - petitioner No. 2 Dolly Bagchi over the issue of monetary and family expenses. Dolly Bagchi refused to accept the food prepared by Kakali and separated her son and daughter-in-law in a separate mess in the same house which was intimated by Kakali to her mother (P.W.5) and aunt. Subsequently, on the request of Kakali's mother and aunt not to separate her son and daughter-in-law, Do...
Amalgamated Development Limited Vs. State of West Bengal
Court: Kolkata
Decided on: Jan-13-2006
Reported in: 2006(3)CHN51
Bhaskar Bhattacharya, J.1. This first appeal is at the instance of a referring claimant and is directed against an Award dated 17th March, 1994 passed by the Additional Special L. A. Judge, 3rd Court, Alipore in L.D.P. Case No. 159 of 1967(V) thereby allowing the said reference case in part and enhancing the valuation of the acquired land to Rs. 825/- per cottach. By the said judgment the learned L. A. Judge further directed payment of interest at the rate of 6 per cent on the excess amount from the date of taking possession of the acquired land till the deposit of the same in Court. The referring claimant was also given solatium at the rate of 15 per cent for compulsory acquisition of land in addition to the market value of the acquired land at the rate of 2 per cent per annum of such market value for the period commencing on and from the date of publication of notification, namely, 30th January, 1958 or the date of taking of possession of the land, whichever is earlier.2. The matter ...
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