Kolkata Court February 2006 Judgments
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Sk. Mithun @ Md. Kalim, Sanjoy Khan @ Sanjaia (In Jail) Vs. State of W ...
Court: Kolkata
Decided on: Feb-16-2006
Reported in: 2006(2)CHN603
Alok Kumar Basu, J.1. This appeal has been preferred by two appellants from jail challenging their conviction under Section 21 of the NDPS Act and the consequential sentence order recorded by the ld. Additional Sessions Judge, 2nd Court, Hooghly in connection with the NDPS Case No. 15 of 2003.2. The prosecution case in brief was that acting on secret information the S. I., Tapas Singha, of Bhadreswar P. S. along with other police staff detained the appellants at the dead hour of 16th August, 2003 at a place in between Baidyabati and Bhadreswar along R.B.S. Road.3. Since the S.I. Tapas Singha, had a reasonable suspicion that those persons might be in possession of heroin, he requisitioned the service of a Gazetted Officer and accordingly the SDO, Chandannagore, was summoned to be present on the spot. After presence of the SDO, Chandannagore, the S.I. Tapas Singha, served notice as per the provisions of Section 50 of the NDPS Act and thereafter in presence of the SDO, Chandannagore on pe...
Srikumar Chakraborty Vs. Datacon Systems Pvt. Ltd. and anr.
Court: Kolkata
Decided on: Feb-14-2006
Reported in: 2006(3)CHN222
Sailendra Prasad Talukdar, J.1. The present case arises out of an application under Section 401 read with Section 482 of the Code of Criminal Procedure.2.Grievances of the petitioner may briefly be stated as follows:The petitioner is the Managing Director of Medcon Computer Systems Pvt. Ltd. having its office at East Agarpara, Kolkata-700109 and also having its office at AB-287, Sector-1, Salt Lake, Kolkata-700064 P.S. Bidhannagar. On 7th August, 2002 one Purnendu Basu, as authorized representative of Datacon Systems Pvt. Ltd., filed a petition of complaint under Section 138 read with Section 141 of the Negotiable Instruments Act before the learned Court of Chief Metropolitan Magistrate, Calcutta, thereby giving rise to case No.3355/02.3. It was alleged in the said petition of complaint that the present petitioner in discharge of legal liability on behalf of Medcon Computer Systems Pvt. Ltd. issued two cheques in favour of Datacon Systems Pvt. Ltd, bearing Nos. 572707 for a aum of Rs. ...
Soumitra Ghosh and anr. Vs. Godrej and Boyce Manufacturing Co. Ltd.
Court: Kolkata
Decided on: Feb-14-2006
Reported in: 2006(4)CHN117
S.P. Talukdar, J.1. The instant case relates to an application under Section 401 read with Section 482 of the Criminal Procedure Code.2. By filing such application the petitioners sought for quashing of the proceeding arising out of the Order dated 30th September, 2005 passed by the learned Judicial Magistrate, Bidhannagar, 24-Parganas (N) in connection with Case No. C-85 of 2005 corresponding to Trial Case No. T-662 of 2005 under Section 138 of the Negotiable Instruments Act.3. Grievances of the petitioners may briefly be stated as follows:On the basis of a petition of complaint filed on behalf of the present opposite party, learned Additional Chief Judicial Magistrate, Bidhannagar, District 24-Parganas (N), by order dated 26.08.2005 took cognizance of the offence under Section 138 of the Negotiable Instruments Act and then made over the case to the learned Court of Judicial Magistrate for disposal.It was alleged in the said petition of complaint that accused No. 1, being a partnershi...
Punjab National Bank and ors. Vs. Uniworth International Limited and a ...
Court: Kolkata
Decided on: Feb-14-2006
Reported in: 2007(2)CHN29
Bhaskar Bhattacharya, J.1. This appeal is at the instance of the respondents in a writ application and is directed against the order dated 12th August, 2004 passed by a learned Single Judge of this Court thereby disposing of a writ application by setting aside the order impugned with a direction to the present appellant to give an opportunity of hearing to the writ petitioner within two weeks from that date after giving liberty to place all the facts before them and to pass a reasoned order and to communicate the same to the writ petitioner. His Lordship further made it clear that His Lordship did not enter into the merit of the case.2. Being dissatisfied, the respondents have come up with the present mandamus appeal.3. Before entering into the merit of the appeal, we are of the view that this mandamus appeal should be disposed of on the simple ground that the writ application, as it stood, was not maintainable in the absence of the Reserve Bank of India as party-respondent and as such...
Debjani Sinha Vs. Bikash Chandra Sinha
Court: Kolkata
Decided on: Feb-13-2006
Reported in: 2006(2)CHN235
Bhaskar Bhattacharya, J.1. This first appeal is at the instance of a wife in proceedings for divorce and is directed against the judgment and decree dated 28th March, 2003 passed by the Additional District Judge, 9th Court, Alipore, in Matrimonial Suit No. 71 of 1997 thereby passing a decree for divorce in favour of the husband on the sole ground that the marriage between parties has irretrievably broken down.2. The facts giving rise to filing of this appeal may be summed up thus:The parties were married according to the Hindu rites and Customs on 11th December, 1967 and after the marriage, the parties proceeded to United Kingdom. A daughter, namely, Tania, was born in the wedlock on 19th August, 1974.In the year 1976, the parties came back to India and started living in the city of Bombay. The husband is a scientist and was employed in the Government Service; the wife also took a job in Bombay and on July 7,1979, a son, namely, Amartya, was born.In the year 1984, the husband got promo...
Rathi Bhusan Mazumdar Vs. Anamika Housing Corporation and ors.
Court: Kolkata
Decided on: Feb-13-2006
Reported in: (2006)2CALLT194(HC),2006(2)CHN461
Arun Kumar Bhattacharya, J.1. The quadruple revisional applications being C.R.R. Nos. 73/1994, 74/1994, 75/1994 and 76/1994 involving common questions of law and facts with the difference in respect of the assessment years only, are directed against the orders dated 17.03.93, 18.03.93, 18.03.93 and 10.03.93 respectively passed by the Id. Metropolitan Magistrate, 15th Court, Calcutta.2. The present petitioner filed a complaint under Section 276CC(ii) read with Section 278B of the Income-tax Act, 1961 against the partnership firm-O.P. No. 1 M/s. Anamika Housing Corporation and its partners O.P. Nos. 2 to 6 for failure to furnish return of income in time for different assessment years viz. 1980-81 to 1983-84.3. The O.Ps. assailed the above proceedings by filing petitions contending that it is bad in law since in the event of conviction the firm which has been made a party along with other persons cannot be sent to prison compulsorily, as provided in Sections 276CC and 278B of the Act. Uph...
Noorjahan Begum Vs. AmIn Ahmed Khan and ors.
Court: Kolkata
Decided on: Feb-13-2006
Reported in: 2006(3)CHN295
Pratap Kumar Ray, J.1. Heard the learned Advocates appearing for the parties.2. In this application under Article 227 of the Constitution of India the petitioner being the daughter of Wakif in respect of the wakf property covered under the provisions of Wakf-alal-aulad has challenged the decision of the Wakf Tribunal, West Bengal dated 5th May, 2005 in Appeal No. 5 of 2004 where by and where under her prayer to increase beneficiary allowance as was allowed to the extent of Rs. 5,000/- per month on having a settlement with the Mutwalli of the Wakf Estate by the Wakf Board of West Bengal was set aside and quashed by quashing and setting aside the resolution dated 16th October, 2003 and subsequent resolution as confirmed the same dated 31st December, 2003.3. In this application the petitioner has justified the order of the Wakf Board and thereby prayed for quashing the judgment impugned of the Wakf Tribunal, West Bengal. This application has been opposed by the respondent No. 1, Mutwalli ...
Business Development Consultant P. Ltd. and ors. Vs. State Bank of Ind ...
Court: Kolkata
Decided on: Feb-13-2006
Reported in: [2007]139CompCas73(Cal),[2008]88SCL188(Cal)
Kalyan Jyoti Sengupta, J.1. This appeal is directed against an order dated October 29, 2004, passed by the learned Chairman, Company Law Board in C.P. No. 109 of 2003 State Bank of India v. Business Development Consultant P. Ltd. 0085/2004 . By the impugned order the learned Company Law Board allowed the application made by State Bank of India, respondent No. 1 herein, under Sections 111, 397, 398, 399, 402, 403, 406 and 409 and under Section 11 of the Companies Act, 1956. The order impugned is a detailed and reasoned order. Section 10F of the Companies Act, 1956, has enabled the appellant to prefer appeal, and the scope of the aforesaid section is very limited. As such the said section is quoted hereunder:Appeals against the orders of the Company Law Board.--Any person aggrieved by any decision or order of the Company Law Board may file an appeal to the High Court within 60 days from the date of communication of the decision or order of the Company Law Board to him on any question of ...
ifb Securities Ltd. Vs. Income Tax Officer
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Feb-10-2006
Reported in: (2006)101TTJ(Kol.)829
1. This appeal preferred by the assessee is directed against the order passed by the learned CIT(A)~VI, Kolkata, dt. 26th Oct., 2004 for the asst. yr. 2001-02 on the following grounds: (i) For that the learned CIT(A) erred in upholding the order of the AO, treating Rs. 3,52,46,000 on account of outstanding interest as income under Section 41(1) and treating Rs. 1,67,55,000 on account of write back of liability of principal sum as income holding the same as trading receipt. (ii) For that the learned CIT(A) erred in confirming the action of the AO in treating Rs. 5.20 crores as deemed profit under Section 41(1)/trading receipt under the IT Act.2. Brief facts relating to this case are that the assessee-company had obtained unsecured loan during the earlier years from IFB Industries Ltd. and had provided for interest thereon and the total amount of such unsecured loan together with interest accrued thereon as on 31st March, 2000 was Rs. 8,81,97,482 which comprised of principal loan amount...
Arun Kumar Mohata Vs. Manjushree Singhi
Court: Kolkata
Decided on: Feb-10-2006
Reported in: 2006(2)CHN192
S.P. Talukdar, J.1. The petitioner by filing an application under Section 482 of the Criminal Procedure Code, 1973 sought for quashing of the proceedings in case No. C-186 of 2004 now pending before the learned Judicial Magistrate, First Court, Alipore, South 24-Parganas.2. The grievances of the petitioner, as ventilated in the application, may briefly be stated as follows :The constituted Attorney of the opposite party, Smt. Manjushree Singhi, filed an application under Section 138 of the Negotiable Instruments Act, 1881 being case No. C- 186 of 2004 against the present petitioner on 22nd January, 2004. The petitioner was allowed by the learned Trial Court to be represented by his learned Advocate under Section 205 of the Code of Criminal Procedure. The petitioner after obtaining the certified copy of the order-sheet on 23rd February, 2005 came to know that neither the petition of complaint was signed by the opposite party, nor the affidavit in the form of an affidavit under Section 1...
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