Kolkata Court December 2007 Judgments
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Surangama Saha Vs. University of Calcutta and ors.
Court: Kolkata
Decided on: Dec-17-2007
Reported in: 2008(3)CHN718
Biswanath Somadder, J.1. Affidavit-of-service, filed on behalf of the petitioner, be kept on record.2. Heard the learned Advocates appearing on behalf of the parties.3. The writ petition has been taken out by a student, who had passed her B.A. examination with English Honours as a registered student of the University of Calcutta obtaining around 52.5 per cent marks in the year 2007.4. On 12th September, 2007, she applied for admission to the M.A. Course in English in University of Calcutta and also applied for the same course in Bethune College, pursuant to an advertisement published in a newspaper by the college authority. It has been stated in the writ petition that sometime during the end of September 2007, names of 93 candidates were displayed serially in the notice/display board of Bethune College according to merit. As per the merit list the writ petitioner was placed at serial No. 15. This position is not disputed by the college authority.5. In paragraph 6 of the writ petition i...
Munilal Thakur and Indrajit Show @ Sikka Vs. State of West Bengal
Court: Kolkata
Decided on: Dec-17-2007
Reported in: 2008(3)CHN1034
Girish Chandra Gupta, J.1. This appeal is directed against a judgment passed in Sessions Trial No. 72/03 on 10th December, 2003 convicting the appellants under Sections 302/34 and 201/34 of the Indian Penal Code and a further order dated 11th December, 2003 sentencing the appellants to suffer life imprisonment as also to pay a fine of Rs. 10,000/- each, in default to suffer further simple imprisonment for one year for commission of offence punishable under Section 302/34, and further sentencing them to suffer rigorous imprisonment for 7 years as also to pay a fine of Rs. 10,000/- each, in default to suffer rigorous imprisonment for one year for commission of offence under Section 201/34 of the Indian Penal Code. The charges framed against the appellants are an follows:First- That in the night of 1st/2nd day of January, 2001 on the under constructed roof (2nd floor) of Pannalal Nunia of Bally Durgapur near State Bank of India. Durgapur Branch under P.S. Bally, dist. Howrah in furtheranc...
P.D. Prasad and Sons Pvt. Limited and anr. Vs. Commissioner of Commerc ...
Court: Kolkata
Decided on: Dec-17-2007
Reported in: (2009)25VST335(NULL)
1. We have heard Mr. Gupta, learned Counsel appearing on behalf of the petitioner as also Mr. Basu, learned Counsel appearing on behalf of the respondents at length.2. This writ petition has been filed by the petitioner/applicant against an order passed by the learned Taxation Tribunal dated March 30, 2007 in case No. R. N. 474 of 2004 Reported as P.D. Prasad & Sons Pvt. Limited v. ACCT [2009] 25 VST 329 (WBTT)3. The only point arises in this petition that whether the authorities have any power to issue such order against the petitioner/applicant who was acted as the clearing agent of the consigner of the matter in question and thereby put him within the meaning of Section 68 of the West Bengal Sales Tax Act and the Rule 211A of the West Bengal Sales Tax Rules, 1995 so that the penalty can be imposed on them and whether any contravention of the provision of Section 68 of the West Bengal Sales Tax Act, 1994 can bind him and thereby whether he comes within the purview of Section 71B of t...
Purnendu Sekhor Mondal Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-17-2007
Reported in: [2008(116)FLR1120]
K.J. Sengupta and Manik Mohan Sarkar, JJ.1. This application is against an order of the learned Tribunal dated 16th March, 2006. By the order impugned, the learned Tribunal did not grant any relief, as prayed for. The short facts of the case giving rise to filing of the present proceedings is as follows:2. Since 28th June, 1974 the applicant has been working in the post of Compositor in the printing press of West Bengal police. He was upgraded to Grade-I Compositor with effect from 1st April, 1981 in the same office with higher scale of pay and he has been working as such. In the said press, the regular Printer retired on 30th April, 1997. It was the expectation of the applicant that he would be promoted to the post pf Printer as a matter of course. In expectation, the applicant claims, he was asked to look after the work of the press in absence of the Printer. So, on the basis of this fact, he prayed before the authority concerned to give him appointment to the post of Printer. Howeve...
Subhas Chandra Pratihar Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Dec-14-2007
Reported in: 2008CriLJ1320
ORDERKalidas Mukherjee, J.1. This application under Sections 401 and 482 of the Code of Criminal Procedure Code is directed against the order No. 7 dated 11-8-1984 passed by learned Additional Sessions Judge, 2nd Court, Murshidabad in Sessions Serial No. 52 of 1984 whereby and whereunder the learned Additional Sessions Judge transferred the case to the Court of learned S.D.J.M., Lalbag for trial, holding that none of the offences was exclusively triable by the Court of Sessions. The learned Judge also framed charge against all the accused persons under Sections 143, 323/34, I.P.C. excepting Dr. Chatterjee and a separate charge under Sections 323/109, I.P.C. was framed against Dr. Chatterjee. Being aggrieved by the said order, Dr. Subhas Chandra Pratihar, the de facto complainant has preferred the instant application.2. The case of the petitioner herein, in short, is that he is a medical practitioner and joined the department of Health and Family Welfare under the State of West Bengal o...
Custodian of Textile Undertaking Vs. Hall and Anderson Ltd. and anr.
Court: Kolkata
Decided on: Dec-14-2007
Reported in: (2008)3CALLT530(HC),2008(4)CHN243
Surinder Singh Nijar, C.J.1. This Letters Patent appeal has been filed by the Union of India against the order passed by Hon'ble Justice Amitava Lala dated 6th of January, 2005 in C.R. No. 10289{W) of 1983.2. We may briefly notice the relevant facts. The respondent No. 1, Hall &, Anderson Ltd. a Company registered under the Companies Act and having its registered office at 33A, Chowringhee Road, Calcutta-16. claims to be the absolute owner of the land and building known as Hall & Anderson building situate at the aforesaid address. The site area is approximately 5 bighas, 11 cottahs, 5 chittaks and 14 sq. ft. The property is situated in the heart of the sophisticated commercial place in the city of Calcutta (Kolkata). The respondent No. 1 was incorporated as a Company under the Companies Act, 1913 on 8th of November, 1946. The Company carried on multifarious business activities. Some of the objects of the Company, as set out in the Memorandum of Association and which have been set out i...
Amardeep Sinha Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Dec-14-2007
Reported in: 2008(2)CHN752
Partha Sakha Datta, J.1. This revisional application dated 23.3.07 has been filed to quash a proceeding being C-524 of 2003 under Section 498/406/120B/506/326, IPC pending before the learned Metropolitan Magistrate, 7th Court, Calcutta.2. The opposite party No. 2 de facto complainant lodged a petition of complaint to the learned C.M.M., Calcutta, being Case No. C-524 of 2003 against her husband and other in-laws alleging offences under Section 498A/406/120B/506/306, IPC with the facts that after solemnization of marriage which took place in the year 1992 she had been living in her matrimonial home and she was subjected to constant physical and mental torture on demand of dowry in the sum of Rs. 1 lac. She was harassed and coerced for fulfilling the demand of husband and other in-laws and to bring the peace her father paid Rs. 25,000/-. It has been alleged in the complaint that at the time of marriage a cash of Rs. 50,000/- was provided to the accused petitioner along with presentation ...
State of W.B. and ors. Vs. Bidyut Kundu
Court: Kolkata
Decided on: Dec-14-2007
Reported in: 2008(3)CHN795
Pratap Kumar Ray, J.1. Challenging the judgment and order dated 24th November, 2006 passed by the learned Trial Judge in WP No. 1605 of 2006 this appeal has been preferred by the State respondents. By the impugned judgment under appeal learned Trial Judge passed a mandatory order directing the Regional Transport Authority, Howrah, to issue a stage carriage permit by extending the life of offer letter as issued on 7th July, 2003 which faced the natural death in view of the statutory provision under Rule 141 of the West Bengal Motor Vehicles Rule, 1989.2. The fact of the writ petition was very short. The writ petitioner was offered to place his vehicle for grant of stage carriage permit. The Regional Transport Authority, Howrah by its communication dated 7th July, 2003 directed the petitioner to place his vehicle within three months from the date of issuance of the offer letter. This offer letter breathed its last. After three months the vehicle was not placed. Thereafter, after long thr...
National Insurance Co. Ltd. Vs. Tapas Kumar Ghosh and anr.
Court: Kolkata
Decided on: Dec-13-2007
Reported in: 2008ACJ1583
Alok Kumar Basu and Tapan Kumar Dutt, JJ.1. This appeal challenging the judgment and order of the learned Judge of Motor Accidents Claims Tribunal, Hooghly passed in M.A.C. Case No. 63 of 1987 has been preferred by National Insurance Co. Ltd.2. At the time of hearing of this appeal, Mr. K.K. Das, appearing for the appellant insurance company has made his submission in support of the appeal but no one has appeared on behalf of the respondents and hence, we are disposing of this appeal after considering the submissions of the learned advocate for the insurance company and after considering the materials placed before us.3. It appears from the judgment and order of the learned Tribunal that while on disposing of the claim application preferred by the respondents-claimants, the Tribunal directed the insurance company to pay a sum of Rs. 50,000 less interim compensation, if paid along with 6 per cent interest payable from the date of application till payment is made. The learned Tribunal fu...
Kanhaiya Export Pvt. Ltd. Vs. Commissioner of Customs (Port)
Court: Kolkata
Decided on: Dec-13-2007
Reported in: 2009[13]STR492
Aniruddha Bose, J.1. In this writ petition petitioners primarily seeks implementation of the order passed by the Customs, Excise and Service Tax Appellate Tribunal on 7th July, 2006 2006 (204) E.L.T. 295 (Tri. - Kol.). Mr. Hazra appearing for the respondent Customs Authorities considered that the order has not been implemented but his plea is that the Department could not prefer an appeal because the order in question was not served upon the Customs Authorities in terms of Sub-section 3 of Section 129B of the Customs Act. I am of the prima facie view that an order passed in July, 2006 cannot be kept unimplemented for the simple ground that the copy of the order has not been received by the Customs Department. However, in order to ascertain as to whether any step was taken to obtain the order, I request the Assistant Registrar, Customs, Excise and Service Tax Appellate Tribunal to furnish a Report on the aspect of the service of the order in terms of the aforesaid provisions.2. Let this...
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