Kolkata Court July 2006 Judgments
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Basir Sk., Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-18-2006
Reported in: 2006(4)CHN111
Alok Kumar Basu, J.1. Five appellants in all being convicted under Section 302/34 of the IPC and also under Section 9B(1)(b) of the Indian Explosives Act by the learned Additional Sessions Judge, Fast Track Court, Bolpur in the district of Birbhum in connection with Sessions Trial No. 3 of January, 2003 corresponding to Sessions Case No. 123 of 2002 have preferred this appeal challenging the said conviction order.2. The prosecution case in brief was that on 6th February, 2001 at about 10.30 p.m. when Sk. Sariat of village Lagosha under P.S. Labpur was returning home after closing video hall at Tarulia Hat, the present appellants in furtherance of their common intention encircled him and Sk. Basir and Manjur charged two bombs targetting him near the southern side of the road near Laghosa Primary School. Sk. Sariat being charged with one of the bombs on his back fell down with serious bleeding injuries and hearing his alarm Sk. Asgar Ali and other relatives came on the spot and soon ther...
Sk. Umed Ali Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-18-2006
Reported in: 2005(4)CHN124
P.N. Sinha, J.1. The appellant being convicted and sentenced to suffer imprisonment for life and to pay a fine of Rs. 3000/- in default to suffer rigorous imprisonment for one year for the offence under Section 302 of the IPC for murdering his wife Sahida Bibi and also sentenced to suffer R.I. for three years and to pay a fine of Rs. 1000/- in default to suffer R.I. for six months under Section 201 of the IPC for causing disappearance of evidence of the said offence of murder has preferred the instant appeal assailing the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge. Midnapore in Sessions Trial No. XXXI/June/2001.2. The prosecution story as disclosed in the First Information Report (in short FIR), in short, is that the deceased Sahida, the sister of informant Mahamud Khan (P.W. 1) was given in marriage with the appellant about 10 years back from the date of lodging FIR. In spite of receiving dowry in the marriage the appellant used to in...
State of West Bengal Vs. Anil Chakraborty and ors.
Court: Kolkata
Decided on: Jul-18-2006
Reported in: (2006)3CALLT535(HC)
Vikash Shridhar Sirpurkar, C.J.1. This appeal is directed against the Judgment of the learned single Judge of this Court whereby while allowing the writ petition filed by the original writ petitioners the learned single Judge directed that the petitioners would be entitled to the same scale of pay which has been granted to the graduate laboratory instructors of non-government colleges by the Circular dated 26th December. 1994. This relief was given notionally with effect from 1st August. 1987 and effectively from 26th December. 1994. The learned single Judge directed the arrears involved in the difference of pay scale with effect from 26th December, 1994 and to be paid to the writ petitioners within the period of six months.2. This appeal has been filed on behalf of the State of West Bengal represented by its Secretary, Higher Education Department, Deputy Secretary, Government of West Bengal. Education Department and Director of Public Instructions, Government of West Bengal, who were ...
Serajul Sk. Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-18-2006
Reported in: 2007(1)CHN604
Alok Kumar Basu, J.1. This appeal has been preferred by Serajul Sk. challenging his order of conviction and sentence under Section 302 of the IPC by the learned Additional District and Sessions Judge, Fast Track Court, Rampurhat in the district of Birbhum in connection with Sessions Trial No. (XI)/January/2003 corresponding to Sessions Case No. 43 of 2001.2. The prosecution allegation against the appellant was that on 2.6.1998 at about 9 a.m. at village Bhagail under P.S. Murarai in the district of Birbhum, appellant Serajul entering into the house of his wife Margina, killed Margina by throttling and thereafter fled away.3. Intu, the minor son of Serajul and Margina witnessing his father to kill his mother by throttling and thereafter to flee away, called the neighbouring people and one Abu Ahamed Mondal after getting details of the occurrence from Intu and one Aulia Bibi of the village lodged written complaint at the Murarai P.S. against Serajul for commission of murder of his wife M...
Mackintosh Burn Limited Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-18-2006
Reported in: 2007(2)CTLJ28(Cal)
Prasenjit Mandal, J.1. This mandamus appeal has arisen out of the judgment and order dated 13.12.2005 passed by the Hon'ble Justice Jayanta Kumar Biswas in Writ Petition No. 22143 (W) of 2005.2. Being aggrieved by and dissatisfied with the said judgment and order, this mandamus appeal has been filed by the writ petitioner.3. The petition for stay is also moved. As both the petition for stay and the mandamus appeal involve the same matter, the two are taken together for convenience.4. The appellant's case in short is that the Department of Public Works and Public Works (Roads), Government of West Bengal issued notice inviting tenders on February 28, 2005 for construction of a bridge over the river 'Dwarka' at Ganthala Ghat in the district of Murshidabad and then the writ petitioner and the respondent No. 8 and others submitted their quotations. The tender committee having found tender of the respondent No. 8 as lowest accepted the same but the tender committee has failed to consider the...
Hindustan Paper Corporation Ltd. and anr. Vs. Kalpataru Agro Forest En ...
Court: Kolkata
Decided on: Jul-14-2006
Reported in: AIR2006Cal333,2007(2)CHN203
Bhaskar Bhattacharya, J. 1. This mandamus appeal is at the instance of the respondents in a writ application under Article 226 of the Constitution of India and is directed against the order dated 25th January, 2006, passed by a learned single Judge of this Court by which His Lordship passed an interim order of injunction restraining the present appellants from recovering any sum out of the outstanding dues of the writ petitioner except that they would be entitled to keep in a separate account a sum of Rs. 2,25,000/- to the credit of the suit filed by them.2. In the writ application, the respondent No. 1 prayed for the following relief:a) A writ in the nature of Mandamus commanding the respondents and/or their subordinates and/or their agents to act and proceed strictly in accordance with law and forbear themselves from giving any effect and/or further effect of the impugned decision as communicated by the letter dated 21-6-2006 issued by the Deputy General Manager (Forest) for and on b...
Shila Roy Choudhury and ors. Vs. Nimai Charan Rakshit
Court: Kolkata
Decided on: Jul-14-2006
Reported in: 2006(4)CHN7
Subhro Kamal Mukherjee, J.1. This appeal is arising out of a suit, inter alia, for recovery of khas possession on the expiry of lease and for recovery of mesne profits.2. The predecessor-in-interest of the defendants, namely, Ranen Roychowdhury, was inducted as a lessee by Gunindra Mohan Bose, under a registered deed of lease dated October 1, 1964 for a period of 21 years commencing from August 1, 1964. On the death of Gunindra Mohan Bose, the property devolved upon his son, Amal Kumar Bose, who by executing a registered deed of conveyance dated August 13, 1984 conveyed the property in favour of the plaintiff. By such purchase the plaintiff stepped into the shoes of the lessor. The lessee accepted the plaintiff as his landlord and paid the rents to the plaintiff.3. The lease expired on August 1, 1985 by efflux of time. The plaintiff, under mistaken impression, received rent from the lessee for the month of August, 1985 and granted receipt therefor. However, when such mistake was detect...
Anil Lakra and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-14-2006
Reported in: 2006CriLJ4467
P.N. Sinha, J.1. This appeal is directed against the judgment and order of conviction and sentence dated 31st May, 2002 passed by the learned Additional Sessions Judge, 2nd Court, Jalpaiguri in Sessions Case No. 2003 of 2001 thereby sentencing the appellants to suffer Rigorous Imprisonment (in short R.I.) for 10 years each together with a fine of Rs. 3,000/- each in default to suffer R. I. for 3 months each for the offence under Section 376(2)(g) of the Indian Penal Code (hereinafter called I.P.C); R.I. for 2 years each for the offence under Section 324/34 of the I.P.C.; for 2 years each for the offence under Section 379/34 of the I.P.C. Besides that, appellants Anil Lakra and Jit Bahan Uraon were further convicted and sentenced to suffer R.I. for 2 years each for the offence under Section 411 of the I.P.C. It was directed by the learned Additional Sessions Judge that all the sentences would run concurrently.2. The prosecution story as depicted in the First Information Report (hereinaf...
D.E. Lawrie and Company Pvt. Ltd. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Jul-14-2006
Reported in: 2007(1)CHN168
Bhaskar Bhattacharya, J.1. This mandamus appeal is at the instance of a writ petitioner and is directed against order dated 21th July, 2005, passed by a learned Judge of this Court thereby dismissing a writ application filed by the present appellant by which the appellant challenged a notice dated 29th June, 2005 issued by the Estate Officer under the provision of Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the Act).2. The following facts are not in dispute:The present appellant was a tenant under Life Insurance Corporation and the tenancy was governed under the provision of the Act. In the past, on the allegation that the appellant had illegally sublet a portion of the tenanted property, the Estate Officer after complying with the provisions contained in the Act passed an order of eviction on 13th July, 1992. The present appellant did not prefer any appeal provided under the Act against such order of eviction and as such, the said order h...
State of West Bengal and ors. Vs. Shyamal Banik
Court: Kolkata
Decided on: Jul-13-2006
Reported in: 2006(4)CHN798
1. This is an application for stay of operation of the judgment and order dated 13th April, 2005 passed by the learned Single Judge in W.P. No. 160(W) of 2005. The writ petitioner applied for Permanent Stage Carriage Permit (Express Service) on the route DN-18(Express) Shyambazar to Hasnabad before the Regional Transport Authority (R.T.A in short). The said R.T.A. upon consideration of the application of the writ petitioner issued an offer letter dated 15th June, 2004 under its memo No. 807/MV/RTA/BST, directing him to place a vehicle with the specification and on the terms and conditions as noted therein within 120 days from the date of issue of the said offer letter. The said offer letter contained various terms and conditions out of which the condition No. 3 is of relevance for the purpose of disposal of this application. The said condition reads as under:'The age of the vehicle must not be more than three years from the date of issue of offer letter and subject to observation of se...
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