Kolkata Court January 2007 Judgments
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Publishers and Booksellers Guild and ors. Vs. State of West Bengal and ...
Court: Kolkata
Decided on: Jan-12-2007
Reported in: 2007(2)CHN1
1. This application under Article 226 of the Constitution of India, by describing the same as Public Interest Litigation involving environmental and pollution control, is at the instance of one Publishers and Booksellers Guild, a society registered under the West Bengal Societies Registration Act, 1961, represented by its Hony. Secretary and by this application, the writ petitioners have prayed for the following relief:a) A writ of and/or order and/or direction in the nature of Mandamus commanding the respondents, their servants, agents and/or assigns to forthwith implement the consensus/agreement recorded in the minutes of the proceedings of the meeting of Kolkata Book Fair, 2007 held on November 09, 2006, copy whereof is already annexed hereto and marked 'P3' and to take all steps for holding of the 32nd Book Fair for the year 2007 at its original venue at Kolkata Maidan on Outram Road at the crossing of Park Street and Jawaharlal Nehru Road forthwith, the location whereof is indicat...
Suresh Hazra Vs. State of West Bengal
Court: Kolkata
Decided on: Jan-12-2007
Reported in: 2007(3)CHN244,2007CriLJ1321
Partha Sakha Datta, J.1. Feeling aggrieved, the appellant, the husband of the victim assails his conviction under Section 302, I.P.C. and sentence of life imprisonment with a fine of Rs. 5,000/- with default stipulation and that under Section 498-A, IPC and sentence of R. I. of two years, with fine of Rs. 2,000/-with default stipulation passed by the learned Additional Sessions Judge, 2nd Court, Nadia at Krishnagar on 29-11-2003 in Sessions Case No. 15(6) 1998/Sessions Trial Case No. III (March) 2002.2. The elder brother of the victim Kalachand Mondal (P.W. 1) received at about 9 a.m. on 24-11-1997 three telephonic messages - one from an unknown person who did not disclose his identity, second from one Monoranj an Haider and third from one Amar Chakraborty to the effect that his sister Smt. Lopamudra Hazra was lying dead in the primary health center at Haringhata. On receipt of the messages he along with his family members had been to the house of the appellant which was found under lo...
Bank of Baroda Vs. Govind Ram Agarwal
Court: Kolkata
Decided on: Jan-11-2007
Reported in: 2007(3)CHN60
P.N. Sinha, J.1. This revisional application under Section 482 of the Code of Criminal Procedure (in short the Code) is aimed at quashing the criminal proceeding being Case No. C-9458 of 2004 underSection 409/120B of the Indian Penal Code (in short IPC) now pending before the learned Metropolitan Magistrate, 11th Court, Calcutta.2. Before I proceed into the merit of the revisional application it would be fruitful to mention the gist of the complaint which was filed by the O.P. against the petitioner challenging which the present revisional application has been filed for quashing the said complaint. The O.P. complainant in his complaint alleged that he had deposited three fixed deposits of Rs. 15,00,000/-, Rs. 12,67,000/- and Rs. 1,25,000/- with the petitioner bank on interest by way of trust and security. The petitioner bank and its officers, i.e. accused persons, on June 23, 1998 deducted a sum of Rs. 13,962/-, Rs. 11,794/- and Rs. 141/- by way of Tax Deducted at Source (in short TDS)...
Sukanta Ghosh @ Bapi Vs. State of West Bengal
Court: Kolkata
Decided on: Jan-11-2007
Reported in: 2007(3)CHN434
Partha Sakha Datta, J.1. The appellant Sukanta Ghosh alias Bapi, convicted under Section 20(c) of the NDPS Act, 1985 and sentenced to suffer rigorous imprisonment for 10 years and pay a fine of Rs. 1 lakh in default to suffer rigorous imprisonment for 2 years as recorded by learned Additional & Sessions Judge, 2nd Court, Jalpaiguri on 1.7.2005 in NDPS case No. 3/04 arising out of NJP, GRPS case No. 4/04 dated 2.2.04, has preferred the appeal on variety of grounds including the ground of misappreciation of evidence.2. Jai Prakash Mourya, Sub-Inspector of the RPF post at NJP lodged a written complaint with the OC, NJP, GRPS at 18.15 hrs. on 2.2.04 (Ext.1) to the effect that pursuant to a secret information he along with RPF personnel boarded the 2423 Dn. Rajdhani Express bound for New Delhi at NJP Railway Station about 13.05 hrs. in AC coach No. 2 (A/2) and apprehended the accused who was seated on the berth No. 9 having confirmed ticket PNR No. 6235-958652 from New Bongaigaon to New Del...
Jmd Medicare Ltd. Vs. Siemens Aktiengasellschaft
Court: Kolkata
Decided on: Jan-10-2007
Reported in: I(2008)BC488,(2007)2CALLT417(HC),2007(2)CHN75
Sanjib Banerjee, J.1. This petition has appeared after admission. The order of admission was appealed against and the appeal was withdrawn. Advertisements have been issued, but no other person has come up either to support or to oppose the petition for winding up of the company.2. The order of admission was passed on July 7, 2005. The Court was prima facie satisfied the company was unable to pay its debts and that the claim of the petitioner was indisputable. The petition was admitted for Euro 786,306 with interest at the rate of 6.5 per cent per annum from September 8, 2003. The company was afforded an opportunity to pay off the entire amount, inclusive of interest in 48 equal monthly instalments beginning from August 1, 2005.3. No money was tendered and advertisements were published.4. In the company's affidavit at this second stage, it admitted having purchased a Magnetom Harmony Magnetic Resonance Imaging (MRI) System at an original price of DM 2,100,000. Such equipment according t...
Siemens Aktiengasellschaft Vs. Jmd Medicare Ltd.
Court: Kolkata
Decided on: Jan-10-2007
Reported in: [2008]142CompCas475(Cal)
Sanjib Banerjee, J.1. This petition has appeared after admission. The order of admission was appealed against and the appeal was withdrawn. Advertisements have been issued, but no other person has come up either to support or to oppose the petition for winding up of the company.2. The order of admission was passed on July 7, 2005. The court was prima facie satisfied that the company was unable to pay its debts and that the claim of the petitioner was indisputable. The petition was admitted for euro 786, 306 with interest at the rate of 6.5 per cent, per annum from September 8, 2003. The company was afforded an opportunity to pay off the entire amount, inclusive of interest in 48 equal monthly instalments beginning from August 1, 2005.3. No money was tendered and advertisements were published.4. In the company's affidavit at this second stage, it admitted having pur-chased a Magnetom Harmony Magnetic Resonance Imaging (MRI) System at an original price of DM 2,100,000. Such equipment, ac...
Amarendra Singh Vs. Cesc Limited and ors.
Court: Kolkata
Decided on: Jan-09-2007
Reported in: AIR2007Cal108
ORDERJayanta Kumar Biswas, J.1. The writ petitioner is alleging that though he was entitled to get new electricity connection, CESC failed and neglected to give connection, even after all formalities in terms of directions of CESC, were complied with by him, and he signified his willingness to pay the requisite charges. Counsel for CESC submits that through the existing line supply cannot be given to anyone in the premises in question. He says that supply, if is to be given, can be given only through a new connection. The question is whether CESC has failed to discharge its statutory duty cast by provisions in Section 43 of the Electricity Act, 2003.2. The eleventh to fourteenth respondents, claiming to be the owners of the property, are contesting the case by filing an opposition. They have categorically denied claim of the petitioner that he is a Thika tenant in the premises. They have said that the petitioner is none but a rank trespasser and hence he would not be entitled to get an...
Smt. Shila Ghosh Vs. Nilanjan Alias Niranjan Ghosh
Court: Kolkata
Decided on: Jan-09-2007
Reported in: (2007)2CALLT477(HC),I(2008)DMC379
Sadhan Kumar Gupta, J.1. This revisional application has been preferred under Section 401 read with Section 482 of the Cr. PC challenging the order dated 13/4/2005 passed by the learned Additional Sessions Judge, Fast Track Court-1, Krishnanagar in Criminal Motion No. 74 of 2004 whereby the learned Judge was pleased to modify the order dated 31/5/2004 passed by the learned Judicial Magistrate, Nadia in case No. l09(IV) of 2003.2. Case of the petitioner is that she was married with the opposite party No. l on 09/2/2001 according to the Hindu Rites. But two months after the marriage, her husband and other in-laws started torturing her over the demand of dowry. As the said demand could not be satisfied by the petitioner's father, so the torture upon her was aggravated. Even the brother-in-law of the petitioner gave immoral proposal to her and as she protested, so she was further tortured by the husband and his relatives. Finally on 25/10/2002 the petitioner was mercilessly beaten by the h...
Krishna Kumar Sharma Alias Rabi and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: Jan-09-2007
Reported in: 2007(3)CHN406
Sadhan Kumar Gupta, J.1. This revisional application has been preferred under Sections 401 and 482 of the Cr. PC praying for setting aside the order dated 24/8/2006 passed by the learned Sessions Judge, Nadia in SC 20(8) of 2006.2. Case of the petitioners is that Kalyani P.S. Case No. 34 of 2006 dated 07.2.2006 under Sections 341, 326, 307, 302/34/120B of the Indian Penal Code, Section 25/27 of the Arms Act and Section 9B of I.E. Substance Act was started on the basis of a written complaint filed by one Gouranga Adhikary alleging therein that petitioners and others murdered his son Uttam Adhikary. It was further alleged therein by the de facto complainant that on earlier occasion, in the year 2004, the petitioners and others also murdered his another son Anup Adhikary. The complainant claimed in the FIR that as Uttam refused to withdraw the said case against the petitioners, so he was murdered by them.3. On the basis of the said allegation, investigation was started and ultimately char...
Cesc Ltd. and anr. Vs. Income-tax Officer (Tds) and ors.
Court: Kolkata
Decided on: Jan-03-2007
Reported in: (2007)211CTR(Cal)343
1. The appellant is an assessee under the Income-tax Act, 1961. The appellant employs several persons in employment. Under Section 206 of the said Act of 1961 the appellant is bound to deduct tax at source from the respective employees on the basis of their estimated salary income. It is the case of the appellant that they duly deducted at source the tax from the respective employees out of their salary income on tentative basis and deposited the same with the appropriate authority and submitted Form No. 24 as required for the said purpose.2. The Central Government for the purpose of looking after the mode of recovery through tax deduction at source from time to time by notification entrusted several officials who are usually called as Income-tax Officer (TDS). As per a 1989 circular officers were appointed for the said purpose. There had been a further circular in this regard in 1996 which was almost identical to the 1989 circular as there was no change in respect of the subject contr...
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