Kolkata Court August 2006 Judgments
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The State of West Bengal Vs. Sankar Sundar Dutta
Court: Kolkata
Decided on: Aug-10-2006
Reported in: 2006CriLJ4234
Alok Kumar Basu, J.1. In connection with Sessions Trial 1(3)/1999, Sankar Sundar Dutta, Pranab Nag, Subhasish Mukherjee and Badal Mukherjee faced charges under Section 302/307/34 of the IPC and Badal Mukherjee and Subhasish Mukherjee faced charge under Section 25(1)(B)(a) of the Arms Act while Sankar Sundar Dutta and Pranab Nag faced charge under Section 3 of the Explosive Substances Act before the learned Additional Sessions Judge, 6th Court, Alipore in the district of 24-Parganas (South).2. The learned Additional Sessions Judge by the judgment and order dated 30th August, 2001 recorded an order of acquittal under Section 302/307/34 of the IPC in favour of the accused persons and similarly, Sankar Sundar Dutta and Pranab Nag were acquitted of the charge under Section 3 of the Explosive Substances Act and Subhasish Mukherjee of the charge under Section 25(1)(B)(a) of the Arms Act, but, Badal Mukherjee was found guilty under the same charge of the Arms Act and he was sentenced to suffer...
Md. Azad Parvez Vs. Narcotic Control Bureau and
Court: Kolkata
Decided on: Aug-10-2006
Reported in: 2007(1)CHN101
Alok Kumar Basu, J.1. Amar Nath Rajak of Criminal Appeal No. 11 of 2003, Md. Azad Parvez of Criminal Appeal No. 321 of 2002 and Satya Pradhan, Hamid Riaz Ahmed Siddeique, Sitaram Majhi and Nooruddin Khan of Criminal Appeal No. 326 of 2002 along with Kumar Mankeswar Nath, Aslam Khan and Sambat Khan faced Sessions Trial No. 4(9) of 2000 under Section 21/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as NDPS Act for the sake of brevity) before the learned Judge, Special Court, Alipore.2. Amar Nath Rajak was convicted under Section 21 of the NDPS Act while Satya Pradhan, Hamid Riaz Ahmed Siddeique, Sitaram Majhi, Nooruddin Khan and Md. Azad Parvez were convicted under Section 29 of the NDPS Act and all of them including Amar Nath Rajak were sentenced to suffer rigorous imprisonment for ten years each and to pay a fine of Rs. 1,00,000/- each, in default, to suffer simple imprisonment for one year more.3. Accused Sambat Khan facing the trial under Section 21...
State of West Bengal Vs. Dhirendra Kumar Mitra and ors.
Court: Kolkata
Decided on: Aug-10-2006
Reported in: 2007(1)CHN591
Kalyan Jyoti Sengupta, J.1. This appeal assails the judgment and decree passed by the learned Special Land Acquisition Judge in L.D.P. Case No. 35 of 1980(V) dated 23rd December 1987. The land in question was acquired by the Government under the provisions of the West Bengal Land Development and Planning Act, 1948 (in short the said Act). Being aggrieved by the award passed by the Land Acquisition Collector, the respondents/claimants applied for reference of this matter before the learned Additional District Judge at Alipore. It was contended before the learned Judge that the Collector had passed the award taking into consideration the market value as provided in the proviso to Section 8 of the said Act. The learned Judge after taking into consideration the market value that prevailed on the date of notification, which was produced on behalf of the State; and also the evidence adduced by both the parties, came to a conclusion that the respondents/claimants were entitled to Rs. 14,846/-...
Anjali Metia and ors. Vs. West Bengal State Electricity Board and ors.
Court: Kolkata
Decided on: Aug-09-2006
Reported in: (2007)1CALLT219(HC),2006(4)CHN433
V.S. Sirpurkar, C.J.1. This appeal is against an order by the learned Single Judge who, while disposing of the writ petition directed the West Bengal State Electricity Board to supply the electricity at the portion of the premises under the occupation of the petitioner. The petitioner had come up before this Court on the ground that though he had applied for the electric connection in respect of the house which he had occupied, he was not being granted that connection by the Board.2. The learned Judge has simply directed the Board to supply the connection and has made further observation that the supply of electricity to the petitioner would not create any right in favour of the petitioner nor would it be to the prejudice and interest of the private respondents. It is to be seen that in this writ petition, the petitioner's mother and two married sisters are joined as respondents because they had raised an objection to the grant of electricity connection.3. The petitioner is the son of ...
Jalil Ali Mollah Vs. State of West Bengal
Court: Kolkata
Decided on: Aug-08-2006
Reported in: 2006(4)CHN541
Dipankar Datta, J.Appellant's grievance:1. The appellant has been convicted under Section 302 of the Indian Penal Code for murdering Mrs. Govinda Monga (hereinafter referred to as 'the victim') by the learned Additional Sessions Judge, 14th Court, Alipore, South 24-Parganas by his judgment dated 4th July, 2000 and consequently sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 3,000/- only, in default to suffer further rigorous imprisonment for three months. Feeling aggrieved thereby, the present appeal has been filed by him.The F.I.R.:2. A written statement was made by Mrs. Surinderjit Kaur Lamba (P.W. 16) on 12.3.1994 (which was treated as formal F.I.R.) alleging that on 12.3.1994 at about 14.40 hours, one Mala (P.W. 5), maid-servant of Mr. Ranjit Singh Monga (P.W. 15) of Flat No. 3G, Ajanta Apartments, 10, Gurusaday Dutta Road, Kolkata - 700019, had informed P.W. 16, a resident of Flat No. 3H of the same apartments that the victim, her 'Mem Saheb', was lying...
Dayamayee Mondal Vs. Indian Oil Corporation Limited and ors.
Court: Kolkata
Decided on: Aug-07-2006
Reported in: 2006(4)CHN491
Prabuddha Sankar Banerjee, J.1. This mandamus appeal at the instance of the appcllant is against the order passed by a learned Single Judge in W.P. No. 2642 (W) of 2004.2. The said writ application was brought by the present appellant against Indian Oil Corporation and private respondent No. 4 challenging the selection of private respondent No. 4 as LPG Distributor at Khairasole, District Birbhum.3. Pursuant to the guidelines by the Ministry of Petroleum and Natural Gas, Indian Oil Corporation published an advertisement on 16.02.2002 in the Ananda Bazar Patrika by which they invited application from female candidates belonging to Scheduled Caste category. Some criteria were duly mentioned in the advertisement for applying for the said dealership.4. The present appellant along with the respondent No. 4 and few others applied for the said distributorship. The Indian Oil Corporation finally selected the respondent No. 4 as LPG distributor. The present appellant challenged the said selecti...
Sandhya Mondal and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-07-2006
Reported in: (2007)1CALLT116(HC)
Arun Kumar Mitra, J.1. Challenge in this writ petition is the intended acquisition of residential plot with building allegedly for public purposes. In the notification preliminary published under Section 4 of Act (1) of 1894 the purpose was shown as widening of Raja S.C. Mullick Road at Calcutta. The claim of the petitioner here is that his land with building is situated in such a place where it cannot be acquired for widening of Raja S.C. Mullick Road. Actually, according to the petitioners they have prepared a hand-sketch which has been annexed to the writ petition which shows that after Raja S.C. Mullick Road thereto other adjoining premises. In one side of the said premises (sought to be acquired) there is a newly constructed Municipal Market and on the other side there was two storied residential building but no attempt was made to acquire any portion of either market building or the residential building although the property lies at the back of all the three premises keeping Raja...
Uday Narayan Jana Vs. State of West Bengal
Court: Kolkata
Decided on: Aug-07-2006
Reported in: 2007(1)CHN258
Amit Talukdar, J.INTRODUCTION1. The victim girl P.W. 2 who was a minor resided at Atilaguri with her parents. Misfortune stuck her on the fateful day when she went out of her house. P.W. 2 in the evening of 2.6.1985 went to collect the dues from the various shops towards the supply of milk and curd supplied by her father P.W. 1 and also for doing some marketing. Since her father P.W. 1 was unwell she was entrusted with the said job, on that particular day and her mother (not examined) was also away from home.BEGINNING OF HER ORDEAL2. While she was proceeding towards the market after completing her, collection, she came across the appellant Mantu (Criminal Appeal No. 283/1988). She was given a betel by him and after consuming the same, she felt uneasy and was not in a position to talk. She was taken in a risckshaw and thereafter by a bus to Digha.3. AT DIGHA : Where she was kept in a room by appellant Mantu. Appellant Mantu gave her a tablet when she had asked for water. For four days h...
Food Corporation of India Vs. Anurag Properties Pvt. Ltd. and anr.
Court: Kolkata
Decided on: Aug-04-2006
Reported in: 2007(1)CHN1
Bhaskar Bhattacharya, J.1. This mandamus appeal is at the instance of a respondent in a writ application and is directed against the order dated 10'' September, 2003 passed by a learned Single Judge of this Court thereby disposing of a writ application by directing the Zonal Magager of the present appellant to reconsider the prayer of the writ petitioner for enhancement of rent afresh in the light of the observations made in the body of the order.2. The respondent No. 1/writ petitioner is the owner of a building and in a part thereof, the present appellant is a premises-tenant. The tenancy was created in the early seventies by the predecessor-in-interest of the writ petitioner. After the writ petitioner became the owner of the property, the appellant accepted the writ petitioner as its landlord and started paying rent at the same rate. There was, however, no increase of rent from, the very induction and the writ petitioner made repeated requests to the present appellant for increasing ...
Hasanuzzaman Khadim Vs. State of West Bengal
Court: Kolkata
Decided on: Aug-04-2006
Reported in: 2007(1)CHN91
Sadhan Kumar Gupta, J.1. This revisional application has been filed praying for quashing of the proceeding of G.R. Case No. 101 of 1995 arising out of Bolpur P.S. Case No. 56 of 1995 dated 15/3/1995 under Section 406 of the IPC pending in the Court of the ld. SDJM, Bolpur.2. Case of the petitioner is that Bolpur P.S. Case No. 56 of 1995 dated 15/3/1995 was started on the basis of the written complaint lodged by the Officer-in-Charge, Madhyamik Examination, 1995, Bolpur Centre with the O/C Bolpur P.S. alleging commission of the offence under Section 406 of the IPC. It was alleged in the said complaint to the effect that the petitioner, who was appearing in the Madhyamik Examination, left the examination hall on 15/3/1995 without submitting the answer script of Mathematics.3. On the basis of the said complaint, the police case was started. It was investigated and after investigation, chargesheet was submitted against the petitioner for commission of the offence under Section 406 of the I...
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