Kolkata Court October 2007 Judgments
Kishwar Jahan and anr. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Oct-16-2007
Reported in: 2007(4)CHN526,2008CriLJ1766
Soumitra Pal, J.1. This writ petition has been filed by the petitioner Nos. 1 and 2, Kishwar Jahan and Rukbanur Rahman praying for a direction that the investigation in connection with the unnatural death of Rizwanur Rahaman, being case UD No. 183 of 2007, be handed over to the Central Bureau of Investigation and that it should submit a report on such investigation before this Court, and upon such investigation appropriate orders be passed.2. Learned senior Counsel appearing on behalf of the petitioner reiterating the statements in the writ petition and referring to Sections 154(3) and 156(1) of the Code of Criminal Procedure, 1973 and the Police Regulations of Calcutta, has submitted that law authorises the Deputy Commissioner of Police, Detective Department, respondent No. 4, to take interest in the prosecution of the case and not in its investigation. The D.C., D.D. and D.C., Headquqarters had unauthorisedly intervened in the matter. Since there was no allegation of abduction agains...
Tag this Judgment!Bhaskar Tea and Industries Ltd. Vs. State
Court: Kolkata
Decided on: Oct-16-2007
Reported in: 2008(1)CHN298
Partha Sakha Datta, J.1. This revisional application dated 14th September, 2004 challenges the prosecution launched against M/s Bhaskar Tea & Industries Ltd., which is one of the five accused persons in connection with Sessions Case No. 40 of 1997 arising out of South Port Police Station Case No. 124 dated 14.5.1993 under Section 120B/272 of the Indian Penal Code on various grounds which will be found in the subsequent paragraphs. An application was moved before the learned Additional Sessions Judge, Fast Track Court No. 1, Bichar Bhawan at Calcutta praying for dropping of the proceedings as against the said M/s Bhaskar Tea & Industries Ltd. on the ground that the said company being a body corporate, cannot be fastened with criminal liability and accordingly, the prosecution against the said company is not maintainable.2. The learned Judge in the Court below observed in the order impugned dated 27.8.2004 that the question of maintainability of the proceedings as against the company can...
Tag this Judgment!Tea Board and anr. Vs. Rasamoy Roy and ors.
Court: Kolkata
Decided on: Oct-16-2007
Reported in: 2008(1)CHN1,[2008(116)FLR614]
Pranab Kumar Chattopadhyay, J.1. This appeal is directed against the judgment and order dated 2nd April, 2004 passed by the learned Single Judge while finally deciding the writ petitioner bearing W.P. No. 1232 of 2003.2. The writ petitioner was an employee of the appellant herein who was ultimately served with an order of compulsory retirement. The instant appeal has been preferred at the instance of the writ petitioner demanding cancellation and/or withdrawal and/or recalling of the aforesaid final order of compulsory retirement dated 4th April, 2003 issued by the Chairman of the appellant No. 1.3. In July, 1996, a departmental proceeding was initiated against the respondent No. 1 who was the Accounts Officer of the appellant No. 1 and posted at Coonoor. As investigation was conducted by the Director of the appellant No. 1 to ascertain the facts of the case relating to the complaint against the respondent No. 1 being the charged officer. On September 5,1996, a charge sheet was issued ...
Tag this Judgment!Heinz Italia S.R.L. and Heinz India Pvt. Ltd. Vs. Dabur India Ltd., S. ...
Court: Kolkata
Decided on: Oct-16-2007
Reported in: 2008(1)CHN508,2008(36)PTC638(Cal)
Sankar Prasad Mitra, J.1. The first appellant was an Italian Company and affiliate of H.J. Heinz Company and the trade mark GLUCON-D owned by Glaxo India Limited was assigned to the first appellant along with goodwill of the business in which the mark was used by a Deed of Assignment dated 30lh September, 1994. The Glaxo India Limited also assigned their rights in the artistic work used on the packaging of the said trade mark to the first appellant. The Glaxo India Limited was selling goods with trade mark GLUCON-D since 1940.2. The second appellant, a subsidiary of the first appellant, is a company incorporated in India and also an affiliate of H.J. Heinz which has been permitted licensed user of inter alia the trade mark GLUCON-D in India. The appellant claims to be proprietor of inter alia the trade mark GLUCON-D registered under No. 304644 in class 30 and application for registration of the label in which the goods under the trade mark GLUCON-D are sold including the application fo...
Tag this Judgment!Maruti Real Estate Pvt. Ltd. and anr. Vs. Life Insurance Corporation o ...
Court: Kolkata
Decided on: Oct-16-2007
Reported in: 2008(1)CHN442
Bhaskar Bhattacharya, ACJ.1. This is an application for clarification/modification/variation of an order dated December 5,1995 passed by a Division Bench of this Court in A.P.O. No. 494 of 1995 by which the Division Bench disposed of three different writ applications while hearing the abovementioned appeal preferred against an interlocutory order passed in one of those writ applications.2. The facts giving rise to disposal of the appeal by the said Division Bench may be summed up thus:(a) One Hindustan Pilkington Glassworks Limited was a tenant under the Life Insurance Corporation of India ('LIC') and the said tenant-company having gone into liquidation, the official liquidator was appointed over the assets of the company. The official liquidator advertised for sale of assets including the furniture and those were purchased in auction by the Maruti Real Estate Pvt. Ltd. (hereinafter referred to as 'Maruti').(b) The LIC filed an application before the Company Court for direction upon th...
Tag this Judgment!Sone P. Walvekar Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Oct-16-2007
Reported in: 2008(1)CHN493
Partha Sakha Datta, J.1. By this revisional application dated 29.3.2007 under Section 482 of the Cr. PC, prayer has been made for quashing of a proceeding being case No. C-296 of 1996 pending before the learned Metropolitan Magistrate, 8th Court, Calcutta on the grounds inter alia that the learned Magistrate without application of judicial mind took cognizance of offence under Section 141 of N.I. Act which makes it a mandate that in order to bring an accusation against the company or a firm or its Directors, it is necessary to aver and prove that any Director was in-charge or responsible for day-to-day running of the business of the company and in what manner the said Director was responsible for the conduct of business of the company or otherwise responsible to it in regard to its findings and in absence of such pleading no prosecution can lie under the said section of the law.2. The opposite party No. 2 lodged a complaint with the learned Metropolitan Magistrate, 8th Court, Calcutta ...
Tag this Judgment!Vijay Kumar Arya and ors. Vs. the Board of Trustees for Time Being for ...
Court: Kolkata
Decided on: Oct-16-2007
Reported in: (2008)1CALLT410(HC)
Dipankar Datta, J.1. Challenge in this petition is to a notice dated 28.7.06 issued by the Land Manager (In-Charge) of the Kolkata Port Trust. By the said notice, it has been conveyed to the petitioners, the lessees, that they have wrongfully parted with possession of leasehold land by inducting a number of sub-tenants without the prior approval in writing of the Port Trust, the lessor, and this constitutes a major breach of the terms of the lease and, therefore, the petitioners were called upon to quit, vacate and deliver up vacant and peaceful possession of the same on 1.2.07 it was further conveyed thereby that the petitioners' relationship with the Board of Trustees for the Port of Calcutta would stand determined on and from 1.2.07 and that the Board of Trustees has no intention/desire to revive the relationship. It was also conveyed that in case of default of handing over possession of the leasehold land by the date fixed, the matter would be referred to the Estate Officer under t...
Tag this Judgment!Zonal Manager, Lic of India and anr. Vs. Sarojnath Moitra and ors.
Court: Kolkata
Decided on: Oct-16-2007
Reported in: 2008(1)CHN1079,[2008(117)FLR668],(2008)2LLJ883Cal
Pranab Kumar Chattopadhyay, J.1. This appeal has been preferred from the judgment and order dated September 3, 2003 passed by the learned single Judge in the writ petition bearing CO. No. 11609 (W)/1994. The appellant herein has assailed the aforesaid judgment and order under appeal passed by the learned single Judge mainly on the ground that the said learned single Judge committed serious: error in law in holding that the respondent/writ petitioner should be deemed to be in the employment as Assistant Branch Manager till February 10,1988 without appreciating the fact that the said respondent/writ petitioner got his appointment to the said post of Assistant Branch Manager on fraudulent representations.2. From the records of this case we find that the respondent/writ petitioner was appointed as a Development Officer on: September 1, 1956 and thereafter, promoted to the post of Assistant Branch Manager on September 20, 1975 upon considering the business performance records. Subsequently,...
Tag this Judgment!Sayed NasiruddIn Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Oct-16-2007
Reported in: 2008(1)CHN1066
Partha Sakha Datta, J.1. Feeling aggrieved, the appellant assails his conviction under Section 498A/304B of the IPC and sentence of two years rigorous imprisonment with fine of Rs. 2,000/- with default stipulation under Section 498A IPC and of RI for 7 years on account of the charge under Section 304B of the IPC as was recorded by the ld. Additional Sessions Judge, Fast Track Court at Bolpur in the district of Birbhurn on 18.06.2005 in Sessions Case No. 173 of 2004 corresponding to T.R. No. 2 (12) of 2004.2. P.W. 11 Smt. Golenur Bibi, the mother of the victim Mokramma Bibi lodged an FIR with the Ilambazar PS on 07.06.2000 alleging that her daughter who was given in marriage with the appellant sometime in the year of 1406 BS was subjected to assault and torture on demands of dowry. She had paid Rs. 2,000/ - in consideration of the happiness of the daughter but torture continued unabated. In Falgun 1406 BS her daughter filed a case for maintenance but subsequently at the intervention of ...
Tag this Judgment!Khirod Kumar Mahapatra Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Oct-16-2007
Reported in: 2008(2)CHN153
Partha Sakha Datta, J.1. By this application dated 30.7.2005 under Section 482 read with Section 397 of the Cr.PC quashing of the proceeding in Hura P.S. Case No. 19 of 2005 dated 30.07.2005 under Section 409/468/420/120B/34 of the IPC pending before the learned Chief Judicial Magistrate, Purulia Sadar along with the orders passed therein by the said learned Magistrate is prayed for on the grounds as would be found in the sequel.2. One Ananda Mahato lodged an FIR with the Hura P.S. being FIR No. 19/05 dated 30.7.2005 against the petitioner and another Ashok Paik Choudhury (not the petitioner herein). Administrator of Kalibasa Junior High School and another Khagendranath Sahu (not the petitioner). Director of School Secondary Education, Purulia alleging the following.3. The petitioner was appointed an Assistant Teacher of Kalibasa Junior High School on 2.1.1970 when his qualification was B.A. B.Ed. On 3.5.1970 the petitioner was appointed Headmaster of the school which was recognized up...
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