Kolkata Court November 2006 Judgments

The Swadeshi Commercial Co. Ltd. Vs. Union of India (Uoi) and ors.

Court: Kolkata

Reported in: AIR2007Cal53

Ashim Kumar Banerjee, J.1. Our task has become easier in view of the recent Apex Court decision in the case of Union of India v. Raja Mohammad Amir Md. Khan reported in : AIR2005SC4383 which the learned Judge did not have as the said judgment came after the disposal of the writ application.2. The appellants were the owners of premises No. 14, Netaji Subhas Road. Ground Floor, Kolkata. The predecessor in interest of the appellants by a deed of indenture dated May 19, 1953 gave on lease approximately 3000 sq. ft. on ground floor of the said premises to National Bank of Pakistan for a term of 16 years commencing from April 1, 1951. The area was subsequently increased and ultimately the said bank came in possession of 6235 sq. ft. on the ground floor of the said premises in question at a monthly rent of Rs. 1610.00 per month. In 1965 due to hostilities between the two countries being India and Pakistan due to Indo-Pak war the said branch of National Bank of Pakistan was declared as an enem...

Surendra Kumar Surana and ors. Vs. State of West Bengal and anr.

Court: Kolkata

Reported in: (2007)1CALLT663(HC)

Biswanath Somadder, J.1. This is an application under Section 482/401 of the Code of Criminal Procedure, 1973 (for short, 'the Code').The Petitioners have prayed for quashing of proceeding, being Ekbalpore Police Station Case No. 83, dated 05.04.2006 under Sections 341/427/504/506(ii)/34 of the Indian Penal Code corresponding to C.G.R. No. 800 of 2006 pending before the learned Chief Judicial Magistrate, Alipore.2. The facts of the case, in a nutshell, are as follows:(i) On or about 27th March, 2006, one Raquaia Ayaz filed an application under Section 156(3) of the Code, before the Court of learned Chief Judicial Magistrate at Alipore alleging commission of offences punishable under Sections 341/427/ 504/506(ii)/34 of the Indian Penal Code.(ii) The learned Magistrate, by his order dated 27th March, 2006, directed the officer-in-charge of Ekbalpore Police Station to register a case upon the said complaint and cause investigation into the offences complained.(iii) Subsequently the compla...

Saroj Mondal and ors. Vs. State of West Bengal

Court: Kolkata

Dipankar Datta, J.1. The six appellants [Saroj, Abhimanya, Abani, Sagar, Shyam @ Shyamal and Dinesh (hereafter A-1, A-2, A-3, A-4, A-5 and A-6 respectively)] were arraigned in Sessions Trial No. VII (March) of 2001 before the learned Additional Sessions Judge, 2nd Court, Krishnagar, Nadia to answer the following charges:First-That you, on or about the 2.1.97 at about 10.45 p.m. at Ratanpur, P. S. Karimpur, District Nadia she may be forced to illicit intercourse and thereby committed an offence punishable under Section 366 of the Indian Penal Code, and within my cognizance.Secondly-That you, on or about the 2.1.97 at about 10.45 p.m. at Ratanpur, P. S. Karimpur, District Nadia in furtherance of the common intention of you all, voluntarily caused hurt to Mahadev Mondal and Sudhamoy Mondal and thereby committed an offence punishable under Section 323/34 of the Indian Penal Code, and within my cognizance.2. The trial originated from a written complaint dated 3.1.1997 lodged by Bhupendra Na...

Dilip Kumar Chakraborty Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: 2008(1)CHN355

Maharaj Sinha, J.1. Way back in the year 1973, to be precise on 6th June, 1973, the writ petitioner first joined the West Bengal State Electricity Board (Board in short) in its Kharagpur Branch, 'as an assistant' and since then had been posted as 'assistant' in different places. Eventually, the petitioner became a permanent employee of the Board and continued to serve as an assistant as before. The case of the petitioner is that he became a victim of acute depression and as such was unable to work and to attend his office since 12th October 1992 till 13th August, 1997. For this long period he had to undergo treatment and the case of his mental depression and consequent disability on his part to attend his office was duly certified by the Doctor who treated him, namely, one Dr. S. Chakraborty who the petitioner has described in paragraph '2' of the petition as 'mental heart specialist'. For the sake of convenience the text of the certificate issued by Dr. Chakraborty is set out below:Ce...

Shyamapada Bauri and 5 ors. Vs. State of West Bengal

Court: Kolkata

Reported in: 2007(3)CHN256

P.N. Sinha, J.1. This appeal is directed against the judgment and order of conviction passed by the learned Additional Sessions Judge, 3rd Court, Suri in Sessions Trial No. 1 of August, 1999 (Sessions Case No. 81 of 1993) thereby sentencing the appellants to suffer imprisonment for life and to pay a fine of Rs. 2,000/- each in default to suffer R.I. for six months each for the offence under Section 302/149 of the Indian Penal Code (in short IPC). The appellants were also convicted under Section 148 of the IPC but no separate sentence was imposed on them for the said offence.2. The prosecution case, in short, is that on 8.5.1993 at about 5.30 p.m. Netai Pada Bauri left his house for taking bath in a pond known as 'baripukur'. While he was proceeding to the said pond through a field, the appellants namely, Shyamapada Bauri, Anath Bauri, Sanatan Bauri @ Sonai, Juddha Bauri, Krishna Kanta @ Krishna Bauri, Ram Chandra @ Rampada Bauri and one Harachand Bauri forming an unlawful assembly atta...

Karuna Bhattacharjee Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: 2007(1)CHN541,[2007(114)FLR352],(2007)2LLJ424Cal

Sanjib Banerjee, J.1. The writ petitioner has challenged an order of the Industrial Tribunal on the ground that such order travelled beyond the reference which was the foundation of the Tribunal's jurisdiction.2. The workman complained that a letter written by him on August 5, 1987, apparently opting for retirement and seeking settlement of his accounts, was at the dictates of the employer or its agent. Such complaint is found in a letter issued on behalf of the workman on November 11, 1987.3. What transpired immediately thereafter is irrelevant for the present proceedings. Ultimately a reference was made under Section 10 of the Industrial Disputes Act, 1947 (the said Act) covering the following issues:Whether termination of services of Shri Karuna Bhattacharjee is justified' ?To what relief, if any, is he entitled?4. The Tribunal entered upon such reference and, by the order impugned, held that 'the records clearly go to disprove the case of the concerned work-person that his was the ...

Alpana Das and ors. Vs. Union of India (Uoi)

Court: Kolkata

Reported in: 2007ACJ2195

Prabir Kumar Samanta, J.1. This appeal arises out of a judgment and order passed by the Railway Claims Tribunal, Kolkata Bench, thereby awarding compensation amounting to Rs. 2,00,000 to the claimants-appellants.2. The claimants-appellants are the widow and the children of the deceased Bijay Das who was a rickshaw puller and on the date of the accident he was aged about 24 years. The said deceased was travelling from Belgharia to Sealdah by local train. He accidentally fell down from the running train in between Belgharia and Dumdum Railway Stations due to heavy rush and sudden jerk and died on the spot.3. At the hearing of the aforesaid claim case, respondent Railways did not dispute the fact that the death was occasioned due to the accidental falling of the deceased from a train carrying passengers.4. The Claims Tribunal determined the compensation payable to the claimants-appellants at Rs. 2,00,000 by holding on the basis of the evidence of the claimants-appellants that the deceased...

Ananta Deb Singha Mahapatra and ors. Vs. State of West Bengal

Court: Kolkata

Reported in: 2007CriLJ1705

P.N. Sinha, J.1. This appeal by the appellants is directed against the judgment and order of conviction passed by the learned Additional Sessions Judge, 2nd Court, Bankura in Sessions Trial No. 1(7) 1993 (Sessions Case No. 3(8) 1992). The appellants 1 to 4 were sentenced to suffer rigorous imprisonment for eight years each and to pay a fine of Rs. 1000/- each in default to suffer further R. I. for one year each for the offence under Section 304 Part II read with Section 149 of the Indian Penal Code , (in short I. P. C.). Appellants 1 and 2 were also sentenced with appellant No. 5 to suffer imprisonment for six months and to pay a fine of Rs. 200/- each i.d. to suffer imprisonment for two months for the offence under Section 323 read with Section 149 of I.P.C., and hence this appeal.2. The prosecution case in a nutshell, is that, on 13-9-1990 at about 2.30 p. m. the appellants accompanied by 15 others as named in the FIR started cutting paddy from the land of informant Niranjan Singha M...

State of West Bengal Vs. Habu GoraIn @ Habul GoraIn and 12 ors.

Court: Kolkata

Reported in: 2007(3)CHN270

P.N. Sinha, J.1. This appeal has been preferred by the State of West Bengal assailing the judgment and order of acquittal of respondents passed by the learned Additional Sessions Judge, 1st Court, Suri in Sessions Trial No. 1 of December, 1986 (Sessions Case No. 20 of 1986). 13 accused respondents faced the trial with the charge for committing offences under Section 148/302/307 of the Indian Penal Code (in short IPC) and, the learned Trial Court by his judgment dated 22.4.87 acquitted 12 respondents in respect of all the charges and convicted the respondent No. 3 Tarun Mondal for the offence under Sections 148 and 302 of the IPC for causing murder of Amrita Dome and sentenced him to suffer imprisonment for life under Section 302 of IPC and held him not guilty in respect of the charge of murder of Sultan Khan. The State has preferred the appeal being aggrieved by, and dissatisfied with, the order of acquittal of 12 respondents in respect of all the charges and acquittal of respondent Ta...

Oriental Bank of Commerce and ors. Vs. Sumanta Kumar Nayak and anr.

Court: Kolkata

Reported in: 2007(3)CHN461

V.S. Sirpurkar, C.J.1. This appeal is filed by Oriental Bank of Commerce (hereinafter called 'bank' for short) against the judgment of the learned Single Judge whereby the writ petition filed by one of its employees, one Sumanta Kumar Nayak challenging the departmental inquiry proceedings and the resultant punishment of removal of the petitioner was allowed by the learned Single Judge of this Court quashing both. Few facts would have to be necessary to understand the controversy involved.2. Original writ petitioner, Shri Sumanta Kumar Nayak, was working in the bank as Senior Manager when he came to be served with a chargesheet. There was only one charge which was as follows:Charge No. 1:Shri Sumanta Nayak, Senior Manager, Cuttack Branch was appointed in Bank's Service as Probationary Officer vide letter dated December 24/28, 1982 on recommendation of Banking Service Recruitment Board (Delhi) vide their letter 3.9.81 dated 17.11.1981 under S/Tribe Category. At the time of his appointmen...