Kolkata Court July 2006 Judgments
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Ravi Bafna and anr. Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Jul-21-2006
Reported in: 2006(4)CHN881
Arun Kumar Bhattacharya, J.1. The hearing arises from an application under Section 397/401 read with Section 482 Cr. PC filed by the petitioners praying for quashing the criminal proceeding being Case No. C-259/2004 pending before the Court of learned Judicial Magistrate, 9th Court, Alipore and for setting aside the order dated 20.09.2004 rejecting the prayer for exemption from their personal appearance under Section 205 Cr. PC.2. The circumstances leading to the above application are that O.P. No. 2 firm purchased poultry feed supplement, worth of Rs. 2,25,134/- from the petitioners' company M/s. Harshavardhan Laboratory Pvt. Ltd. and in part discharge of liability issued a cheque dated 10.02.2003 for Rs. 1,72,974.34/-drawn on State Bank of Mysore, Rashbehari Avenue Branch, Kolkata, dihonoured with the remark 'payment stopped by the drawer'. The company issued a notice dated 14.03.2003 requesting for payment of the amount, but no amount was paid by O.P. No. 2 firm, for which the compa...
Ashok Kumar Pandey and ors. Vs. First Industrial Tribunal and anr.
Court: Kolkata
Decided on: Jul-21-2006
Reported in: 2007(1)CHN80
Jyotirmay Bhattacharya, J.1. Since identical points have already been decided in the other petition being W.P. No. 1723 of 2005 in a similar set of facts, this Court directs that fate of this writ petition will be governed by the judgments passed in the other writ petition W.P. No. 1723 of 2005.2. The writ petition, thus, stands rejected.3. Urgent Xerox certified copy of this order, if applied for, be given to the parties, as expeditiously as possible....
Dilip Kumar Dey and ors. Vs. First Industrial Tribunal and anr.
Court: Kolkata
Decided on: Jul-21-2006
Reported in: 2007(1)CHN70
Jyotirmay Bhattacharya, J.1. Five dismissed employees of the Statesman Limited (employer) filed this writ petition challenging the propriety of three interlocutory orders being Order No. 8 dated 2nd July, 2003, Order No. 24 dated 23rd April, 2004 and Order No. 93 dated 22nd June, 2005 all passed by the learned Judge, First Industrial Tribunal in Case No. 2 of 2003 The Statesman Limited v. Their Workmen.2. By the said three orders, three different applications filed by the respective parties, were disposed of.3. The employer's application for amendment of their application under Section 33(2)(b) of the Industrial Disputes Act, 1947, was allowed by the learned Tribunal vide Order No. 8 dated 2nd July, 2003.4. The employees' prayer for consideration of the maintainability of the employer's application under Section 33(2)(b) of the said Act as a preliminary issue, was rejected by the learned Tribunal vide Order No. 24 dated 23rd April, 2004.5. The grant of leave to the employer to lead evi...
Surendra Singh Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-21-2006
Reported in: 2007(1)CHN94
Partha Sakha Datta, J.1. This appeal is directed against the judgment and order dated 18.12.1995 passed by the learned Assistant Sessions Judge, Midnapore in Sessions Trial No. XXXVI(5)/1994 convicting the appellant under Section 376 of the IPC and sentencing him to suffer simple imprisonment of 10 years.2. One Basudeb Mandi then residing at Tentulberia under Haldia P.S. lodged an FIR with the Haldia Police Station at 19.30 hours on 21.5.1986 alleging the following facts:The victim at the material point of time stayed with his brother-in-law Jiten Soren in a rented accommodation under one Basanta Maity at Tentulberia. While in the morning of 20.05.1986 all went out for work the victim who was then 10 to 11 years old was alone in the house of Jiten Soren. A co-tenant Suren Singh who is the appellant herein entered into the apartment of Jiten, shut the door from within, caught hold of the victim, committed rape upon her at 11 a.m. At 10 p.m. when all returned home from work the victim wa...
Dr. Kunal Saha Vs. the West Bengal Medical Council and ors.
Court: Kolkata
Decided on: Jul-20-2006
Reported in: AIR2006Cal292,2006(4)CHN166
Bhaskar Bhattacharya, J.1. Instead of disposing of the interlocutory application, we have heard out the appeal itself by treating it as on days' list with the consent of the learned Counsel for the parties.2. This mandamus appeal is at the instance of an unsuccessful writ petitioner and is directed against order dated 22nd February, 2006 passed by a learned single Judge of this Court thereby dismissing a writ application filed by the appellant against order dated 18th June, 2002 communicated by the President, West Bengal Medical Council informing the petitioner that the Council did not find any merit in the allegations made against three of its members named in the complaint lodged by the appellant. By the said order, the appellant was further informed that the reason for rejection of the complaint, however, would be communicated to him in due course.3. The facts giving rise to filing of the present appeal may be epitomised thus:(a) On the basis of complaint filed by the writ petitione...
Chaya Rani Baidya and ors. Vs. National Insurance Co. Ltd. and ors.
Court: Kolkata
Decided on: Jul-20-2006
Reported in: I(2007)ACC862,2007ACJ245
Pratap Kumar Ray and Arunabha Basu, JJ.1. Heard the learned advocates appearing for the parties. In this appeal challenging the judgment and order dated 12.3.1998 passed in M.A.C. Case No. 336 of 1991 by the learned Judge, Motor Accidents Claims Tribunal, Second Court, Jalpaiguri the appellants-claimants have taken two points, namely, the wrong and arbitrary fixation of income under the heading 'notional income' irrespective of the oral evidence of income to the tune of Rs. 4,500 per month in terms of unchallenged deposition of the widow of the deceased and the non-payment of interest on the award of compensation with effect from the date of claim application. So far as the incidence of accident as well as the liability of the insurance company on the death of the victim, that is, the husband of the widow, claimant, there is no dispute as there is a clear finding of Tribunal below to that effect. Only with reference to the income, Tribunal disbelieved the income of the victim was Rs. 4...
Sri Ajoy Kumar Sadhu Vs. Smt. Rina Saha and anr.
Court: Kolkata
Decided on: Jul-20-2006
Reported in: (2007)1CALLT247(HC)
Pranab Kumar Deb, J.1. This instant revisional application has been directed against the Judgment and order dated 17th May, 2006 passed by the learned Additional District Judge, Fast Track Court-Ill, Sealdah in Misc. Appeal 34 of 2006 whereby the Judgment and order dated 20th March, 2006 passed by the learned Civil Judge (Junior Division), 2nd Court at Sealdah in Title Suit No. 291 of 2005 was affirmed.2. As noted in the revisional application as well as the objection thereto, the father of the petitioner was inducted in the suit premises by the erstwhile landlady. The petitioner was accepted as a tenant in respect of the suit property after demise of his father. On the death of erstwhile landlady, Smt. Kamala Saha inherited the property as her sole legal heir. Subsequently, it devolved upon Jogeswari Saha who during her lifetime executed a power of attorney in favour of the plaintiffs, authorizing them to collect rents from her tenants. On the defendant approaching the plaintiffs for ...
Sourav Roy Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-20-2006
Reported in: 2007(2)CHN188
Soumitra Pal, J.1. In the writ petition the petitioner has prayed for a direction upon the police authorities to reopen his shop at 33/1, Mahim Haider Street, Kolkata in terms of the order passed by the Excise Commissioner, West Bengal.2. The facts are that initially the petitioner was granted a licence to run a country spirit shop in Tapsia. There were objections. After receiving necessary permission it was shifted to Mahim Haider Street, Kolkata. But, thereafter, due to the objection by the private respondents against the grant of licence and due to physical obstruction, the petitioner could not run the shop. Challenging the action of the authorities in granting licence to run a country liquor (on and off) shop, a Public Interest Litigation being W.P. No. 15116 (W) of 2005 was moved before this Court which was disposed of on 5th August, 2005 by the following order:Heard learned Counsel for the parties. This writ petition has been filed challenging, inter alia, the setting up of count...
Madan Mohon Pal and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-19-2006
Reported in: 2007(4)CHN394
Jyotirmay Bhattacharya, J.1. The petitioners who are the owners of holding No-29/7/N/A in Ward No. 4 at Ghutkia under Katwa Municipality comprising of Plot Nos. 283, 284 and 299 constructed a single storied building in the said holding as per the sanctioned building plan being No. 14E dated 4th May, 1990.2. It appears from the sanctioned plan being Annexure 'P-l' to this writ petition that sanction was granted for construction of building on two plots of land, viz., Plot Nos. 283 and 299. Admittedly, site plan was also approved by the Municipal authority at the time of grant of such sanction to the said building plan.3. Trouble started when the petitioners submitted a building plan together with the site plan in 2004/2005 for sanction and / or approval thereof in respect of the proposed construction of one additional storey on the existing ground floor construction of the said premises.4. The site plan and/or building plan which were submitted by the petitioners were returned to the pe...
Bikash Chandra Biswas Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Jul-18-2006
Reported in: 2006(4)CHN411
S.P. Talukdar, J.1. Petitioner, Bikash Chandra Biswas, by filing the instant application under Section 397/401 read with Section 482 of the Code of Criminal Procedure sought to assail the judgment and order passed by the learned Sessions Judge, Hooghly, on 3rd March, 2006 in Criminal Appeal No. 50 of 2005 thereby affirming the judgment and order of conviction and sentence dated 18th August, 2005 passed by the learned Additional Chief Judicial Magistrate, Serampore, in Criminal Case No. 226 of 2004.2. Grievances of the petitioner may briefly be stated as follows : The petitioner is a businessman. Sheoraphully Regulated Market Committee, being opposite party No. 2 herein, issued a notice alleging that the petitioner did not furnish statement of return. The Special Officer of the said Market Committee lodged a complaint against the petitioner before the learned Court of Additional Chief Judicial Magistrate for alleged violation of Section 34 of the West Bengal Agricultural Produce Marketi...
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