Kolkata Court December 2007 Judgments
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State of West Bengal and ors. Vs. Biswanath Koley
Court: Kolkata
Decided on: Dec-18-2007
Reported in: 2008(3)CHN358
Tapen Sen, J.1. In all these 3 (Three) Appeals, the State Appellants have challenged the 3(three) Orders of the learned Single Judge passed on (a) 24.9.2004 (in W.P. No. 1307 of 2004); (b) 7.1.2005 (in W.P. No. 2034 of 2004); and (c) 7.1.2005 (in W.P. No. 1907 of 2004) respectively, whereby and whereunder he was pleased to hold that the Petitioners therein would be entitled to get the benefits in terms of the ROPA Rules upon refund of their respective employees' share of the contribution made towards Contributory Provident Fund together with interest at the prescribed Government rate.2. The learned Single Judge then directed the Inspector of Schools to inform the concerned Petitioners about the quantum of money required to be refunded to the Government within a period of 8 weeks from the date of communication of the order.3. All these (3) three Appeals have been argued and taken up together as all of them involve a common question as to whether, the Petitioners having not exercised the...
Jali Chatterjee Vs. Ramala Pyne and ors.
Court: Kolkata
Decided on: Dec-18-2007
Reported in: (2008)1CALLT388(HC),2008(1)CHN436
Jyotirmay Bhattacharya, J.1. The revisional application being CO. No. 1438 of 2006 is directed against an order dated 6th March, 2006 passed by the learned 11th Judge, City Civil Court at Calcutta in Civil Revision Case No. 45 of 2003 affirming the order dated, 19th July, 2003 passed by the learned Judge, 6th Bench, Small Causes Court of Calcutta in Misc. Case No. 41 of 2002 arising out of the Ejectment Case No. 37 of 2002.2. In short, the petitioner's objection under Section 47 of the Civil Procedure Code challenging the executability of the decree was rejected by the learned Executing Court and the said order of rejection was affirmed by the learned Revisional Court. This application under Article 227 of the Constitution of India is directed against the said order passed by the Revisional Court, as aforesaid.3. The facts of the case leading to the filing of this revisional application may be summarized hereunder as follows:The opposite party No. 1/decree-holder filed a suit for evict...
University of Burdwan and anr. Vs. Dr. Prasanto Chatterjee
Court: Kolkata
Decided on: Dec-18-2007
Reported in: (2008)1CALLT229(HC),2008(2)CHN773
Ashim Kumar Banerjee, J.1. Dr. Prasanto Chatterjee, the respondent No. 1 was a professor of history in Burdwan University. He retired on January 31, 1996. Prior to his superannuation he applied for re-employment for two years in terms of University Ordinance No. 10(T.U.). His application was placed before the Screening Committee and thereafter before the Executive Council who rejected the same on the ground that his continued availability was not indispensable for the existing academic and research programme of the university. It was also observed in the said order that he did not fulfil the conditions laid down in G.O. No. 2883(7) Edn.(U) dated November 15, 1979 read with Ordinance No. 10(T.U.).2. He challenged the order of rejection by filing a writ petition. The learned single Judge allowed his writ petition by setting aside the order of the Executive Council coupled with a direction to the Executive Council to pass necessary order of re-employment in the light of the Judgment deliv...
Areva T and D India Ltd. Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Dec-18-2007
Reported in: [2008]144CompCas344(Cal)
1. This appeal is directed against a judgment and order dated July 5, 2007 Areva T and D India Ltd. in re [2007] 138 Comp Cas 834 (Cal). passed by the Hon'ble company judge only to the extent that by the said judgment and order his Lordship directed Clause 11.7 of the scheme to be deleted and replaced in the manner indicated in the said judgment and order and further provided that increase of authorised share capital of the transferee-company would be effective only upon the transferee-company paying the requisite fees as provided in Schedule X to the Companies Act, 1956.2. Mr. S.B. Mukherjee, learned senior advocate appearing on behalf of the appellant submitted that the only question that arises in this appeal is whether in a scheme of amalgamation the authorised capital of the transfer ror-companies can be combined with the authorised capital of the transferee-company thereby increasing the authorised capital of the transferee-company without payment of any fee.He relied upon the fo...
Karamchand Thapar Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Dec-18-2007
Reported in: 2008[II]STR577
ORDERAniruddha Bose, J.1. In the instant writ petition, the petitioners challenge an order passed by the Commissioner of Service Tax directing registration of the petitioners in the category of clearing and forwarding agent for the purpose of registration under the provisions of the Finance Act, 1994. The impugned order was passed on November 27, 2007. The petitioners had earlier applied for registration under the classification of 'Business Auxiliary Service'.2. An order to that effect was passed earlier also on 11th September, 2007 but that order was quashed by an order of this Court dated 11th October, 2007 in WP 1146 of 2007 [2008 (11) S.T.R. 459 (Cal.)]. The earlier order was quashed mainly on the ground of violation of principles of natural justice and direction was given for rehearing upon giving the petitioner an opportunity of being heard. The order which is impugned in the present writ petition was passed in pursuance of the direction of this Court and it is not in dispute th...
Sital Kumar Dey and ors. Vs. State of W.B.
Court: Kolkata
Decided on: Dec-18-2007
Reported in: 2008(2)CHN141
Girish Chandra Gupta, J.1. Both these appeals are directed against a judgment dated 10th February, 2006 passed by Shri S. Majumdar, Additional Sessions Judge, Fast Track Court, Chandannagar, Hooghly in Sessions Trial Case No. 1 of 2005 arising out of Sessions Case No. 1 of 2005 convicting the accused Sital Kr. Dey and his parents under Section 498A/306/304B(2)/34 of the Indian Penal Code and an order also passed on 13th February, 2006 sentence the accused Sital Kr. Dey, his father Ajit Kr. Dey and his mother Shri Jayanti Dey to suffer simple imprisonment for a term of 10 years for the offence punishable under Section 304B(2) of the Indian Penal Code and to suffer rigorous imprisonment for 5 years as also to pay a fine of Rs. 100/-, in default, to suffer further simple imprisonment for three months each for the offence punishable under Section 306 of the Indian Penal Code. Both the sentences were directed to run concurrently. No separate punishment was inflicted under Section 498A of th...
Rafikul Alam, Vs. State of West Bengal
Court: Kolkata
Decided on: Dec-17-2007
Reported in: 2008(1)CHN685,2008CriLJ2005
Kishore Kumar Prasad, J.1. This appeal is directed against the judgment and order of conviction dated 13.12.2005 and order of sentence dated 14.12.2005 passed by the learned Additional Sessions Judge, 3rd Court, Suri, Birbhum in connection with Sessions Trial No. 2 of April, 2004 arising out of Sessions Case No. 2 of 1999 by which they were convicted under Section 395 of IPC and were sentenced to suffer eight years rigorous imprisonment and also to pay fine of Rs. 2,000/- each in default of payment of fine to suffer further rigorous imprisonment for two months and were further convicted under Section 412 of IPC and were sentenced to suffer eight years rigorous imprisonment and also to pay fine of Rs. 2,000/- each in default of payment of fine to suffer further rigorous imprisonment for two months.2. The sentences awarded to them were ordered to run concurrently.3. The narration of the prosecution case is given in details in the judgment of the learned Trial Court and it is not necessar...
Atikur Hoque and ors. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-17-2007
Reported in: (2008)3CALLT122(HC)
Jayanta Kumar Biswas, J.1. The four petitioners in this writ petition dated January 5, 2006 are seeking a mandamus directing the respondents to give them vacant possession of the lands, particulars whereof have been given in the writ petition.2. The lands in question were subject matter of vesting proceedings initiated under the West Bengal Land Reforms Act, 1955. A decision was given by the appropriate authority ordering vesting. The vesting order was set aside in November 1994. Before that the lands had been settled in favour of persons entitled to the benefit of settlement of vested lands. In September 1995 the competent authority annulled the settlement. The case of the petitioners is that consequent upon annulment of settlement, the respondents and particularly the block land reforms officer concerned, incurred the statutory obligation to give back possession of the lands to them.3. Counsel submits that though by making representation dated December 2. 2005 the block land and land...
Saktipada Bayen @ Das and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: Dec-17-2007
Reported in: 2008(2)CHN328
Girish Chandra Gupta, J.1. This appeal is directed against a conviction and sentence, passed, in Sessions Trial No. 1 (Nov)/90 arising out of Sessions Case No. 33/90, on 30th January, 2003 convicting Shaktipada Bayen, Kanu Bayen and Dhanu Bayen for offences under Sections 302 and 201 and acquitting Sukunaar Bayen and sentencing the aforesaid convicts to undergo rigorous imprisonment for life as also to pay a fine of Rs. 1,000/-, in default, to suffer simple imprisonment for further six months under Section 302 and further rigorous imprisonment for two years together with a fine of Rs. 1,000/-, in default, to suffer simple imprisonment for six months for the offences under Section 201. The convicts have come up in appeal. During the pendency of the appeal Shaktipada Bayen the first appellant, died which was recorded by a Division Bench of this Court in its order dated 16th January, 2004. Briefly stated the facts and circumstances of this case are as follows:On 23rd June, 1983 one Shri B...
Grwoth Compusoft Exports Ltd. and ors. Vs. R.K. Singh and anr.
Court: Kolkata
Decided on: Dec-17-2007
Reported in: 2008(2)CHN321
S.P. Talukdar, J.1. Both these applications under Section 401 read with Section 482 of the Code of Criminal Procedure relate to identical points of law and as such the same were heard together on consent of learned Counsel for the parties.2. The case being C.R.R. No. 1719 of 2006 is directed against order dated 8.3.2006 passed by learned 5th Fast Track Court, Kolkata in Criminal Revision No. 157 of 2005. The learned Court of Revision, by the said order, confirmed the order dated 2th September, 2005 passed by the learned 11th Metropolitan Magistrate, Kolkala, in Case No. C/7540 of 2003.3. The backdrop of the said case may briefly be stated as follows:Opposite party No. 1, representing M/s. Supertron Electronics Ltd., filed an application under Sections 138/141 of the Negotiable Instruments Act before the learned Court of Chief Metropolitan Magistrate, Kolkata. The learned Court, after taking cognizance, made over the said case to the learned Court of Metropolitan Magistrate for disposal...
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