Kolkata Court December 2006 Judgments
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Jarahim Sk. Vs. State of West Bengal
Court: Kolkata
Decided on: Dec-20-2006
Reported in: 2007(2)CHN96
Partha Sakha Datta, J.1. The appellant Jarahim Sk. in CRA No. 186 of 2002 and the appellants Loknath Mondal and Badruddin Sheikh in CRA No. 192 of 2002 assail the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Rampurhat of the district of Birbhum in Sessions Trial No. 3(12) of 1996 arising out of Sessions Case No. 11 of 1992 under Section 302/347/384 of the IPC.2. The appellant Jarahim Sk. was sentenced to suffer imprisonment for life with a fine of Rs. 5,000/- with default stipulation under Section 302 IPC, rigorous imprisonment for two years with a fine of Rs. 1,000/- with the default stipulation on account of the offence under Section 347 IPC, and rigorous imprisonment for two years on account of the charge under Section 384 of the IPC. The appellants Md. Badruddin and Loknath Mondal were sentenced to suffer rigorous imprisonment for two years with a fine of Rs. 1,000/- with default stipulation on account of the charge under Section 34...
Calcutta Investors Vs. West Bengal Electronics Industry Development Co ...
Court: Kolkata
Decided on: Dec-20-2006
Reported in: (2007)2CALLT266(HC),(2007)137CTR(Cal)314
Sanjib Banerjee, J.1. This winding up petition is founded on the claim of unpaid rents and allied charges.2. As the mandatory prelude to the winding up petition, a notice was issued on April 15, 2004, claiming a sum of Rs. 4,95,000 on account of arrear of rents from April 1999, to October 2003, at the rate of Rs. 9,000 per month. Rent for the period November 2003, to April 2004, was claimed at the enhanced rate of Rs. 54,000 per month totalling to Rs. 2,70,000. The enhanced rent for the period beginning November 2003, was claimed on the strength of Section 17(4A) of the West Bengal Premises Tenancy Act, 1977 ('the said Act') that came into effect immediately prior thereto. Maintenance charges were sought at the rate of 10 per cent, of the rent in terms of Section 5(7) of the said Act for the period November 2003, to March 2004, amounting to Rs. 27,000. A further claim under Section 5(8) of the said Act towards municipal tax and commercial surcharge was made for a sum of Rs. 3,06,000.3....
Prosun Kumar Dey Vs. Provash Kumar Dey
Court: Kolkata
Decided on: Dec-20-2006
Reported in: 2007(2)CHN630
Tapan Kumar Dutt, J.1. The present application under Article 227 of the Constitution of India has been filed by the defendant/petitioner challenging an order dated 18.04.2005 passed by the learned Chief Justice, Court of Small Causes of Calcutta in SCC Suit No. 115 of 2004 whereby an application under Section 41 of the Presidency Small Cause Courts Act for recovery of possession, filed by the plaintiff/opposite party, was allowed. This is an unfortunate dispute between the father (plaintiff/opposite party) and his son (defendant/petitioner). The case of the opposite party is that the opposite party is absolute owner of the suit property and he inducted the petitioner as a licensee in the suit property for business purposes without any licence fee. The opposite party requires the suit property for his own use and occupation and asked the petitioner to vacate the suit property but, in spite of notice to vacate, the petitioner did not vacate and hence the said application for recovery of ...
Gangadhar Bera Vs. Assistant Commissioner of Income-tax and ors.
Court: Kolkata
Decided on: Dec-20-2006
Reported in: [2007]291ITR401(Cal)
1. The appellant-assessee was served with a notice under Section 143(2) of the Income-tax Act, 1961 on October 21, 2002, appearing at page 20 of the paper book, inter alia, asking him to appear before the Assessing Officer. The said notice did not, however, indicate whether the same was under (i) or (ii) as by the time the notice was issued Section 143(2) had undergone an amendment by incorporating (i) and (ii). The assessee raised his objection and contended that the notice was vague and asked the authority to issue 'proper notice'. The authority immediately reacted by issuing a letter dated November 12, 2002, appearing at page 27 of the paper book by clarifying that the said notice should be read as a notice under Section 143(2)(ii). The assessee then contended that such notice was barred by limitation as the 12-month period was over by the time the second letter reached the assessee. There was correspondence exchanged between the assessee and the Assessing Officer. Ultimately, the A...
Secretary, Managing Committee, Dayerbazar Vidyamandir Vs. Madhusudan S ...
Court: Kolkata
Decided on: Dec-20-2006
Reported in: 2007(3)CHN545
Pranab Kumar Chattopadhyay, J.1. This appeal is directed against the order passed by the learned Single Judge of this Court whereby and whereunder the said learned Single Judge directed the Managing Committee of the concerned school to forthwith approach the West Bengal School Service Commission for filling up the post of Headmaster without allowing the said Managing Committee to fill up the said post under the provisions of the previous Recruitment Rules which were in vogue before coming into force of the School Service Commission Act, 1997 and rules framed thereunder.2. It appears from the available records that after the retirement of the then head of the institution, post of headmaster of the Dayerbazar Vidyamandir in the district of Nadia fell vacant since 1st of December, 1993. The District Inspector of Schools, (SE), Nadia by the Memo bearing No. 642/Gen/SE dated 25th May, 1994 accorded prior permission for filling up the said vacant post of headmaster in the concerned school.3....
State of West Bengal and ors. Vs. Gafur Sk.
Court: Kolkata
Decided on: Dec-20-2006
Reported in: 2007(4)CHN295
Pranab Kumar Chattopadhyay, J.1. Both the appeals are directed against the common judgment and order dated 28th June, 2004 passed by the learned Single Judge of this Court. By the aforesaid common judgment, the learned Single Judge decided two writ petitions where common question of law is involved on identical facts.2. In both the writ petitions the petitioners prayed for a direction upon the concerned respondent for publication of the award and payment of compensation in respect of the lands covered under the Land Acquisition Cases being Nos. LA/39/IV/2000-2001 and LA/40/TV72000-2001 respectively.3. While deciding the said writ petitions, the learned Single Judge directed the concerned respondents to complete the acquisition proceedings by passing appropriate award and also to pay the compensation and other amounts in terms of the Land Acquisition Act to both the writ petitioners.4. On examination of the judgment under appeal and scrutinising the copies of the available documents it ...
Amitava Saha and ors. Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Dec-20-2006
Reported in: 2007(4)CHN1029
Ashim Kumar Roy, J.1. In this application under Section 482 of the Code of Criminal Procedure, the petitioner sought for quashing of the FIR relating to Krishnanagar Sadar Police Station Case No. 57/06, under Section 323/379/384 of the Indian Penal Code and the investigational proceedings commenced thereupon.2. Heard, Miss Sutapa Sanyal, Advocate appearing on behalf of the petitioners and Mr. Rabi Sankar Chatterjee, Advocate appearing on behalf of the State. None appeared on behalf of the opposite party, although the learned Advocate of the opposite party has already entered appearance. No affidavit in opposition has been filed by the opposite party No. 2 herein, which they sought to file.3. Miss Sutapa Sanyal, Advocate appearing on behalf of the petitioners submitted before this Court that in terms of a hire purchase agreement executed on October 30, 2004, and entered into between financier A. J. Finance Private Limited and the hirer the opposite party No. 2 herein, the said hirer obt...
Sanjay Sonkar Vs. State of West Bengal
Court: Kolkata
Decided on: Dec-19-2006
Reported in: 2007CriLJ954
Alok Kumar Basu , J.1. Sanjay Sonkar @ Drum with Mahabir Singh faced charges under Section 302/34 of the IPC and also under Sections 3 and 5 of the Explosive Substances Act in connection with Sessions Trial No. 1 of 2004 arising out of Sessions Case No. 24 of 2002 before the learned Additional Sessions Judge, Fast Track Court, Bichar Bhaban, Kolkata and after conclusion of trial, both Sanjay Sonkar and Mahabir Singh were convicted under Section 302/34 of the IPC as well as under Sections 3 and 5 of the Explosive Substances Act and they were sentenced to suffer rigorous imprisonment for life and also to pay a fine of Rs. 5,000/- each in default to suffer rigorous imprisonment for two years each under Section 302/34 of the IPC and they were also sentenced to suffer rigorous imprisonment for three years each and to pay a fine of Rs. 1000/- each in default to suffer rigorous imprisonment for six months each for the offences under Sections 3 and 5 of the Explosive Substances Act.2. Sanjay S...
National Federation of Telecom Employees (Bsnl) and anr. Vs. Bharat Sa ...
Court: Kolkata
Decided on: Dec-19-2006
Reported in: 2007(3)CHN216,[2008(116)FLR761],(2008)IILLJ427Cal
Tapan Kumar Dutt, J.1. Heard the learned Advocate for the writ petitioners as well as the learned Advocate for the respondent-authorities. The facts of the case, very briefly, are as follows:The writ petitioners represent the employees of the Telecom Factory of West Bengal. The petitioners' case is that all the employees and workers attached to the different units of telecom factories of West Bengal have been paid their monthly wages in cash in terms of Payment of Wages Act, 1936. The writ petitioners have challenged a memo dated 11.05.2005 issued by the Joint DDJ (CA), Bharat Sanchar Nigam Ltd. to the Chief General Manager, All BSNL Circles wherein it has been stated that as per the Finance Bill for 2005-06, proposed in the Parliament, there will be a levy of cash withdrawal tax of 0.1% for cash withdrawals of Rs. 1 lakh and above on a single day, made by the corporate and business houses. It was further stated in the said memo that cash withdrawal tax can be avoided by resorting to a...
Liyakat Sardar and anr. Vs. State of West Bengal
Court: Kolkata
Decided on: Dec-18-2006
Reported in: 2007(2)CHN294
Partha Sakha Datta, J.1. The two appellants namely Iiyakat Sardar and Nabiruddin Sardar assail judgment and order of conviction under Section 302/34 IPC and sentence of life imprisonment with a fine of Rs. 1,000/- with default stipulation as was rendered by the learned Additional Sessions Judge, First Court, Nadia on 19.05.2001 in S.C. No. 23(8) of 1998.2. The deceased Kader Box Sardar, a resident of village Suvarajpur under P.S. Karimpur had been to the house of P.W. 8 Mohiruddin Mallick at about 3 p.m. on 02.11.1995 in connection with 'halkhata' ceremony and on his way back at about 7.30 p.m. he was killed by the two appellants. On hearing cry 'they killed me, save me' emanating from the side of the primary school of the village P. W. 1 Jan Box Sardar, his elder brother Rahim Box Sardar (P.W.2) and other brothers as also local people rushed to the spot and found the two appellants fleeing away. Kader Box who sustained multiple bleeding injuries on different parts of the body told P.W...
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