Kolkata Court April 2006 Judgments
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Usha Agarwal Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Apr-21-2006
Reported in: (2006)3CALLT19(HC),2006(3)CHN348,2006CriLJ2934
Debiprasad Sengupta, J.1. The present application under Article 226 of the Constitution of India has been filed for issuance of a writ in the nature of habeas corpus for setting aside the order of detention passed by the Joint Secretary to the Government of India, Ministry of Finance, Department of Revenue in terms of the provision of Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (in short COFEPOSA).2. Before considering the matter on merit, we may refer to the facts of the case and the chronological events, which will appear from the order of dentention itself.3. There was a source information that one Sandip Agarwal, Director of the Company M/s. Sandip Exports Limited under two licences issued in his favour imported different types of polyester and silk yarn/fabric duty-free under DEEC Scheme and instead of utilizing the said goods in the manufacture of resultant export products disposed of the said duty-free imported goods in t...
Sakila Begum and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-21-2006
Reported in: (2006)3CALLT133(HC)
Soumitra Pal, J.1. Perused the application for addition of party, I find sufficient grounds have been made out by the applicant in support of the application.2. Therefore, the application for addition of party being C.A.N. 950 of 2006 is allowed subject to such objection that may be taken by the petitioner.3. Office is directed to add the applicant as respondents.4. No order as to costs.Re: C.A.N. 3075 of 2006Perused the application for expunging the name of the Zohara Parveen, applicant No. 9, from the application being C.A.N. 950 of 2006. I find sufficient grounds have been made out by the applicant in support of the application.Therefore, let the name of Zohara Parveen applicant No. 9 be expunged from C.A.N. 950 of 2006.The application being C.A.N. 3075 of 2006 is disposed of. There will be no order as to costs.W.P. 2197fW1of2006This writ petition has been preferred by the petitioners praying for a direction upon the respondents particularly the Inspector of Colleges of Calcutta Uni...
Sambhu Rajwar Vs. State of West Bengal
Court: Kolkata
Decided on: Apr-21-2006
Reported in: 2006CriLJ2983
Alok Kumar Basu, J.1. Sambhu Rajwar, the sole appellant preferred this appeal challenging his conviction under Section 304, Part-I of the IPC by the learned Addl. Sessions Judge, Nadia, in connection with Sessions trial No. II of April, 1999 corresponding to Sessions Case No. 9 (March) of 1999.2. After conclusion of trial appellant was sentenced to suffer R.I. for 8 years and also to pay a fine of Rs. 2,000/-, I. D. to suffer R. I. For six months more,3. The prosecution case arose out of a complaint filed by one Pulak Ghosh of village Lakshimitala Para under P. S. Santipur. Sri Pulak Ghosh, in his complaint alleged that on 12th January, 1999, at about 6 O'clock in the evening when his uncle Bimal Ghosh along with Kalu Ghosh were coming home after grazing their cows, near Bathna Nath Para field, the appellant Sambhu Rajwar after hurling abuses towards the said Bimal Ghosh, assaulted him with a lathi.4. Pulak Ghosh stated that Kalu witnessing assault on the person of Bimal Ghosh, rushed ...
Puranmall Goenka Vs. Savitri Devi Daga
Court: Kolkata
Decided on: Apr-21-2006
Reported in: 2006(3)CHN737
Bhaskar Bhattacharya, J.1. This is an application for condonation of delay of 197 days in preferring an application for review against an order dated 1st April, 2005 passed by a Division Bench of this Court in F.A.T. No. 1666 of 2003 by which the said Division Bench allowed a first appeal preferred against a decree passed in a suit for specific performance of contract by setting aside the judgement and decree passed by the learned Trial Judge and instead of that, by directing the defendant to refund the earnest money to the plaintif with interest.2. The review application has been filed not only on the ground of alleged error apparent on the face of record but also on the ground of discovery of new materials.3. In the application for condonation of delay, it is alleged that being dissatisfied with the said judgment and decree passed by the Division Bench dated 1st April, 2005, the applicant preferred a special leave application before the Supreme Court of India but the said Court rejec...
Panchanan Jana Vs. State of West Bengal
Court: Kolkata
Decided on: Apr-21-2006
Reported in: 2006(4)CHN708
Arun Kumar Bhattacharya, J.1. The present appeal is directed against the judgment and order of conviction and sentence passed by the learned Judge, Special Court (E.C. Act), Midnapore in D.E.B. G.R. Case No. 44 of 1984 on 13.05.1988.2. Briefly stated, the prosecution case is that on receipt of an information, S.I.B.K. Nath (P.W. 1) being accompanied by other police personnel raided the godown of the appellant/accused at Mouza Barada, P.S. Ghatal, Dist. Midnapore on 17.10.84 between 12.30 p.m. and 1.30 p.m. and after checking and physical verification found the stock of articles in respect of kerosene oil, light diesel oil and loose mobil oil tallied with the stock-cum-rate board displayed in the godown. But during thorough checking, 17 full barrels of 200 litres each and one half barrel of H.S.D. oil were found kept concealed on the south-west corner of the godown, for which the accused could not produce any licence or documents or any valid paper for dealing with the same. So, the acc...
Commr. of Cus. (Preventive) Vs. over Land Agency
Court: Kolkata
Decided on: Apr-21-2006
Reported in: 2008(4)CHN266,2006(204)ELT554(Cal)
ORDERBhaskar Bhattacharya, J.1. By this appeal under Section 130 of the Customs Act (hereinafter referred to as the Act), the Commissioner of Customs (Preventive), West Bengal has challenged two orders passed by the learned Customs, Excise and Service Tax Appellate Tribunal, Eastern Bench, Kolkata, the one dated 4th May, 2005 and the other, dated 4th October, 2005 in Appeal No. SP-718 of 2004/CSM-115 of 2004 and in Appeal No. CSM-18 of 2005 respectively.2. The facts giving rise to filing of this appeal may be summarised thus :(a) One M/s. Souvik Exports Ltd. ('SEL') vide their letters dated 8th January, 2003 and 29th January, 2003 had applied before the Commissioner of Customs (Preventive), West Bengal, for permission of loading of Indian Milling Wheat in barges at IWAI Jetty, Haldia and export those goods there from to Bangladesh. The said application was examined and permission was denied on the ground that the said Jetty was not an approved place for loading of export goods under Se...
Aloka Pusti (Bera) and ors. Vs. National Insurance Co. Ltd. and anr.
Court: Kolkata
Decided on: Apr-20-2006
Reported in: 2007ACJ494
Kalyan Jyoti Sengupta and Aniruddha Bose, JJ.1. In spite of the second call, none appeared to press this appeal. We have heard the learned counsel for the respondent insurance company. This appeal is directed against a judgment and award dated 28.7.2004, passed by the learned Additional District Judge, First Court, Motor Accidents Claims Tribunal, Midnapore. By the judgment and award impugned, the learned Judge has allowed a claim under Section 140 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the said Act'), against the owner of the vehicle and not against the insurance company.2. The grievance of the appellant in this case is that the award should have been directed against the insurance company as it appears from the memorandum of appeal. It is also the case of appellant that at the stage of hearing under Section 140 of the said Act, learned Judge should have confined his consideration to the quantum of interim compensation and ought not to have fixed up liability of ...
Lasco Vs. Life Insurance Corporation of India
Court: Kolkata
Decided on: Apr-19-2006
Reported in: 2006(3)CHN707
Ashim Kumar Banerjee, J.1. This revisional application calls for an interpretation of Section 4 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the said Act of 1971). The said provision is reproduced below:4. Issue of notice of show-cause against order of eviction.-(1) If the estate officer is of opinion that any persons are in unauthorized occupation of any public premises and that they should be evicted, the estate officer shall issue in the manner hereinafter provided a notice in writing calling upon all persons concerned to show cause why an order of eviction should not be made.(2) The notice shall-(a) specify the grounds on which the order of eviction is proposed to be made; and(b) require all persons concerned, that is to say, all persons who are, or may be, in occupation of, or claim interest in, the public premises,-(i) to show cause, if any, against the proposed order on or before such date as is specified in the notice, being ...
Zenath Parveen Vs. Cesc Ltd. and ors.
Court: Kolkata
Decided on: Apr-18-2006
Reported in: (2006)2CALLT579(HC)
Girish Chandra Gupta, J.1. The petitioner is a domestic consumer of electricity. On an average electricity consumed by the petitioner is below 200 units per month. She received a bill dated 29th September, 2003 from the office of the Loss Control Cell of the CESC Ltd. for a sum of Rs. 19,667/-. Challenging the aforesaid bill she invoked the writ jurisdiction of this Court. Her writ petition was registered as W.P. No. 17001(W) of 2003. An order dated 8th October. 2003 was passed restraining the CESC Ltd. from disconnecting supply of electricity until disposal of the writ application, in the event a sum of Rs. 12,500/- was deposited by the writ petitioner. The aforesaid sum was duly deposited by the writ petitioner on 17th October, 2003. The said writ petition is still pending. On 7th January, 2006 supply of electricity was disconnected for alleged pilferage. The affidavit-in-opposition filed by the CESC Ltd. and the documents annexed thereto include a copy of disconnection notice dated ...
Sanjukta Basu Roy Alias Bulbuli Etc. Vs. State of West Bengal
Court: Kolkata
Decided on: Apr-18-2006
Reported in: 2006CriLJ2637
Alok Kumar Basu, J.1. The learned Additional Sessions Judge, 14th Court, Alipore while disposing of Sessions Trial No. 2(6) of 2001 of his file. convicted all the five appellants under Sections 395/397/120-B of the IPC and the appellants were sentenced to suffer different term of sentences accordingly.2. Sanjukta Basu Roy alias Bulbuli preferred Criminal Appeal 76 of 2005 challenging her conviction and sentence while the remaining four convicts preferred Criminal Appeal 179 of 2005.3. Since Sanjukta Basu Roy alias Bulbuli was sentenced to suffer rigorous imprisonment for seven years, her appeal in the ordinary course should have been heard and disposed of by a learned single Judge of this High Court, but, since the other convicts of the same trial suffered sentences more than seven years and their appeal is to be heard by a Division Bench and since the appeal of Sanjukta Basu Roy alias Bulbuli and the other convicts arose out of a common judgment and order, both the appeals have been t...
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