Kolkata Court February 2006 Judgments
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Ashok Mukherjee Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Feb-02-2006
Reported in: 2006(1)CHN691
Arun Kumar Bhattacharya, J.1. The twin revisional applications being C.R.R. Nos. 931 of 2002 & 932 of 2002 are directed against the orders dated 20.12.2001 passed by the ld. Judicial Magistrate, 9th Court, Alipore rejecting the prayer of the accused/petitioner for stay of criminal case.2. As similar question of law and fact are involved, with the difference that FIR being Nos. 121 and 122, both dated 25.05.94 in respect of the C.R.R. Nos. 931 of 2002 and 932 of 2002 were lodged by South School Point and South Point High School respectively, both the matters were heard analogously.3. The circumstances leading to the above application are that a sizeable amount of money running into several lakhs of rupees was withdrawn from the schools' bank accounts by issuing cheques bearing forged signatures of the cheque-signing authorities of the schools. The present petitioner who was entrusted with the matter relating to bank account confessed his involvement in the defalcation of the funds along...
indra Devi Agarwal and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: Feb-02-2006
Reported in: 2006(2)CHN227
Arun Kumar Bhattacharya, J.1. In this application under Section 482 Cr.PC three petitioners have prayed for quashing the proceedings of Special Case No. 5/95 arising out of G.R. Case No. 10(11) 94 under Section 7(1)(a)(ii) of Act X of 1955, as amended by the Act XVIII of 1981, for contravention of paragraphs 3 & 8 of the West Bengal Automobile Tyres & Tubes (Dealers' Licensing) Order, 1973 and paragraph 3(2) of the West Bengal Declaration of Stock and Prices of Essential Commodities Order, 1977 pending in the Court of Id. Judge, Special Court under the Essential Commodities Act at Siliguri.2. The circumstances leading to the above application are that on 01.03.94 at about 4.30 p.m. during visit by Inspector A. Hai of DEB, Siliguri along with other officers of the shop-cum-office of M/s. Layak Udyog, Layak Bhavan, Hill Cart Road, Siliguri he found the firm carrying on business of tyres and tubes, and one Bikash Kar was running the shop. Nineteen pieces of tyres and tubes were found stor...
Rabi Prakash Chowdhury Vs. Hon'ble Chief Justice, High Court and Ors.
Court: Kolkata
Decided on: Feb-02-2006
Reported in: 2006(3)CHN158
Bhaskar Bhattacharya, J.1. This mandamus appeal is at the instance of the writ petitioners and is directed against the order dated 1st August, 2005 passed by a learned Single Judge in W.P. No. 2575 of 2003 thereby rejecting the said writ application.2. The appellants, six in number, filed a writ application before a learned Judge of this Court thereby praying for revocation and/or cancellation of the panel prepared from amongst the Upper Division Assistants having L.L.B. Degree for the selection to the post of Stamp Reporter/Additional Stamp Reporter on the allegation that the decision of preparation of such panel is inconsistent with the relevant provision of the rules framed by this Court in this regard. The appellants have further prayed for passing an order of prohibition thereby restraining the respondents from giving effect to the said panel barring respondent No. 5 alone, who, according to the appellants, was rightly selected.3. The case made out by the appellants may be summed ...
Laltu Mal @ Paka Vs. State of West Bengal
Court: Kolkata
Decided on: Feb-02-2006
Reported in: 2006(3)CHN491
S.P. Talukdar, J.1. The present case arises out of an application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973.2. It is directed against the orders dated 05.09.2005 and 20.09.2005 passed by the learned Sessions Judge, Hooghly in Criminal Misc. Case No. 1491 of 2005. The said case arose out of Chinsurah P. S. Case No. 232 of 2005 dated 24.08.2005 under Sections 147/148/149/354/447/427/379/506/376/511 of the Indian Penal Code and Section 3(1)(i)(iii)(iv)(v)(x)(xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.3. The grievances of the petitioner may briefly be stated as follows :The petitioner, by occupation a rickshaw puller, resides at Haragouri Tola, P.S. Chinsurah, with his family, which includes his wife and minor son. They are residing in the said place for the last 25/26 years. The land had been vested to the State long before. One Daya Chand Shaw of Kankinara, North 24-Parganas, filed an eviction suit against the p...
Glaxo Smith Kline Plc and ors. Vs. Controller of Patents and Designs a ...
Court: Kolkata
Decided on: Feb-02-2006
Reported in: 2006(3)CHN577
Jayanta Kumar Biswas, J.1. The writ petitioners are aggrieved by the decision of the Assistant Controller of Patents and Designs dated December 28, 2004 rejecting their application for exclusive marketing right under provisions of the Patents Act, 1970, Section 24A.2. On August 25, 1998 they submitted an application for patent of invention for the substances indicated in the fifteen claims mentioned in their application. Such application for patent was made under Section 5(2) of the Patents Act, 1970. During pendency of that application, on August 30, 2000 they submitted an application for grant of exclusive marketing right of the substances for which they had claimed patent.3. In terms of provisions in Section 24A of the Patents Act, 1970, the Controller sent the application for patent to an examiner for making report to him whether the inventions were not inventions within the meaning of the Patents Act, 1970, Section 3. The examiner submitted his report dated July 28, 2000 that subs...
Subha Narayan Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-02-2006
Reported in: 2006(3)CHN651
S.P. Talukdar, J.1. The instant case arises out of an application under Section 482 of the Criminal Procedure Code, 1973.2. By filing such application petitioner sought for quashing of proceeding being G.R. No. 723 of 2003 now pending before the learned Sub-divisional Judicial Magistrate, (since redesignated as Additional Chief Judicial Magistrate) Durgapur, Burdwan, in connection with Durgapur Police Station Case No. 187 of 2003 dated 28.08.2003 under Section 306 of the Indian Penal Code.3. Grievances of the petitioner may briefly be stated as follows:On the basis of a written complaint lodged by one Subodh Kumar Sain, Durgapur P.S. Case No. 187/03 dated 28.08.2003 under Section 302/34 of Indian Penal Code was started. It was alleged in the said written complaint that 'the daughter of the victim girl namely . Baisakhi Sain was working as a maid servant in the house of Mrs. Mukherjee of East Point Kinder Garden School Ambedkar Sarani, City Centre, Durgapur-16'. She used to work in the ...
Secretary, Council of Science and Tech. Vs. Commissioner of Cus. (Port ...
Court: Kolkata
Decided on: Feb-02-2006
Reported in: 2006(202)ELT241(Cal)
ORDERBhaskar Bhattacharya, J.1. This appeal under Section 130 of the Customs Act, 1962 (hereinafter referred to as the Act) is at the instance of an importer and is directed against order dated June 1, 2004 passed by the Customs On appeal frorn 2004 (178) E.L.T. 491 (TriT- Kolkata) 13/202/2 Excise and Service Tax Appellate Tribunal, East Zonal Bench, Kolkata, in Appeal Case No. CDM-159/03 thereby dismissing the appeal preferred against the order dated June 19, 2003 passed by the Commissioner of Customs (Appeals), Kolkata refusing the claim of refund of the appellant herein.2. The facts giving rise to filing of the present appeal may be summarised thus:(a) The appellant on or about November 15, 2001 imported 12 cases of Model G-1518-AT-Planetarium Instrument System with 13 Panorama Screens and other accessories for the purpose of establishing a Planetarium in Lucknow for promoting and disseminating scientific education, knowledge and information amongst all the section of the society, s...
Naresh Goel Vs. Commissioner of Customs
Court: Kolkata
Decided on: Feb-02-2006
Reported in: 2006(203)ELT25(Cal)
Bhaskar Bhattacharya, J. 1. This appeal under Section 130 of the Customs Act (hereinafter referred to as the Act) is at the instance of an appellant before the Customs Excise and Service Tax Appellate Tribunal, Eastern Regional Bench, Kolkata and is directed against the order dated 16th July, 2004 passed by the said Tribunal thereby affirming the order of the Commissioner of Customs, Patna, imposing a personal penalty of Rs. 10,00,000/- (ten lakh) on the present appellant in the capacity of a partner of M/s. Prakash Transport under the provision of Section 114 of the Act.2. It appears from the record that the Preventive Officer of Raxaul Customs, on the basis of information through source seized two monolithic rock statues of antic nature and on the allegation that those were in the process of smuggling out of India, initiated proceedings against different persons and ultimately, passed not only the order of confiscation of those two idols but also of personal penalty upon different pe...
Paresh Singh @ Jhatua Vs. State of West Bengal
Court: Kolkata
Decided on: Feb-02-2006
Reported in: 2006(3)CHN777
Arun Kumar Bhattacharya, J.1. The present appeal is directed against the judgment and order of conviction and sentence passed by the ld. Sessions Judge, 5th Bench, City Sessions Court, Calcutta in Sessions Case No. 34/83 (S.T. No. 1 of June, 1984) on 02.04.85.2. Shortly put, the prosecution case is that on 03.08.79 at about 7.30 p.m. the de facto complainant Paltu Seth, (P.W. 1) being accompanied by his friend victim Laloo Seth (P.W. 9) came via Hatibagan Market in front of the tea stall of one Debi Dayal Seth (P.W.3) at premises No. 156/5, Acharya Prafulla Chandra Road and at about 8.00 p.m. when he was proceeding towards the lane to go to his in-law's house in the upper floor of the said premises and Laloo was standing near the said tea stall, on hearing a row he looked back and found accused Bhupendra Singh @ Pappu assaulting Laloo with a nepala on his head, right chest and left thigh, for which he fell down on the ground. Accused Paresh Singh @ Jhatua then assaulted him with a razo...
Mahabir Prasad Gupta and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-02-2006
Reported in: 2006(4)CHN399
S.P. Talukdar, J.1. The present case arises out of an application under Section 482 of the Criminal Procedure Code, 1973.2. It is directed against order dated 19th July, 2005 passed by Smt. Sashi Kala Basu, Additional Sessions Judge, 6th Fast Track Court, Bichar Bhavan, Calcutta in C.R. No. 121 of 2004 affirming the order dated 22.03.2004 passed by learned 12th Court of Metropolitan Magistrate, Calcutta in G. R. Case No. 590 of 2002. A petition was filed in connection with the said C. R. case on 06.01.2003 under Section 91 of the Code of Criminal Procedure praying for issuance of summons upon the Superintendent of Police, CBI, ACB, Kolkata and directing him to produce the affidavit sworn by Arshad Pervez in connection with Case No. R.C.-5/98 dated 12.01.1998 under Section 120B/ 420/468/471 of Indian Penal Code.3. Grievances of the petitioners may briefly be stated as follows:Central Bureau of Investigation registered a case being No. R. C.-5/98 dated 12.01.1998 against M/s. Merit Pharm...
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