Kolkata Court February 2007 Judgments
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Manohar Bawari and anr. Vs. Santosh Kumar Singhania and ors.
Court: Kolkata
Decided on: Feb-07-2007
Reported in: 2007(4)CHN536
Tapan Kumar Dutt, J.1. Some of the defendants/petitioners have filed the present application under Article 227 of the Constitution of India challenging the impugned order whereby the learned Trial Court has rejected their application under Order 7 Rule 11 of the Code of Civil Procedure.2. On perusal of the plaint of the suit, it appears that the plaintiffs/opposite parties have prayed for, inter alia, a declaration that the transfer of the shares in favour of the defendant Nos. 1 and 2 is vitiated by fraud and the same is liable to be delivered up and cancelled and also certain prayers for perpetual injunction have been made by the plaintiff/opposite parties.3. As it appears from the submissions made by the learned Advocates for the respective parties and the allegations made in the plaint, that the dispute between the parties is with regard to an agreement between the plaintiffs on the one hand and the defendant/petitioners on the other hand in connection with the development of a cer...
Tustu Pada Bera Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-06-2007
Reported in: 2007(2)CHN193
Dipankar Datta, J. 1. The petitioner claims to be the absolute owner of a portion of premises No. 18/2, Panchkori Mohanta Lane, Salkia, P.S. Malipanchghora, District Howrah by virtue of a registered deed of partition dated 12.7.1982, to which, inter alia, the respondent Nos. 7, 9 and 10 are signatories. The respondent No. 7, it is claimed by the petitioner, with an intention to purchase the demarcated portion of the petitioner's property had approached him with a request to transfer the same on a nominal consideration. The petitioner not having agreed to his proposal, the respondent No. 7 has been creating disturbances daily thereby creating a situation so that the petitioner has no other alternative but to sell his demarcated portion to the said respondent. The petitioner apprehending that the private respondents would commit cognizable offences had approached the Executive Magistrate by filing an application under Section 144(2) of the Code of Criminal Procedure giving rise to M.P. C...
Shyamapada Bauri Vs. Eastern Coalfields Ltd. and ors.
Court: Kolkata
Decided on: Feb-06-2007
Reported in: [2007(113)FLR268],(2007)IILLJ588Cal
Jayanta Kumar Biswas, J.1. The petitioner is questioning the order of the General Manager, Pandaveswar Area, Eastern Coalfields Ltd. dated January November 7, 2006 terminating his service with immediate effect. By charge-sheet dated September 24, 2005 disciplinary proceedings were initiated against him alleging that he was unauthorizedly absenting from duty from September 5,2005. He did not submit any reply to the charge-sheet. The disciplinary authority decided to hold an inquiry; an inquiry officer was appointed. Inquiry proceedings were held on October 31, 2005. The management examined two witnesses, who were made available for cross-examination.2. The inquiry officer submitted report dated November 3,2005 recording his findings that the charge had been established. Second show cause notice dated December July 3,2005 was issued by the disciplinary authority. The petitioner chose not to submit any representation. In the circumstances, the disciplinary authority issued the impugned or...
Haripada Maity and anr. Vs. State of West Bengal
Court: Kolkata
Decided on: Feb-06-2007
Reported in: 2007(4)CHN1039
P.N. Sinha, J.1. Mr. Bagchi, the learned Advocate for the appellants submitted that against the order of conviction and sentence passed by the learned Assistant Sessions Judge, 2nd Court, Contai, the petitioner preferred the appeal before the learned Sessions Judge, Purba Medinipur being Criminal Appeal No. 2/07. In the appeal, the petitioners prayed for bail and also suspension of sentence under Section 389(1) of the Cr PC. The learned Sessions Judge admitted the appeal and transferred the appeal also to the Court of the learned Additional Sessions Judge at Contai for disposal but rejected their prayer for suspension of sentence. According to Mr. Bagchi, the sentence under Section 306 of IPC was only 4 years which is a term sentence and in view of the decision of the Hon'ble Supreme Court in Bhagaban Rama Shinde Gosai v. State of Gujarat reported in : 1999CriLJ2568 . In a matter of such nature the Court may consider suspension of sentence and bail prayer of the appellant during the pe...
Dhananjoy Mondal and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Feb-06-2007
Reported in: 2007(4)CHN1046
Jayanta Kumar Biswas, J.1. The petitioners took out this writ petition alleging that police authorities were not giving necessary help for fencing their own land. They have alleged that the seventh to tenth respondents were causing obstruction, and hence they needed police help.2. The seventh to tenth respondents have filed an opposition. Their Counsel submits that in the name of fencing the petitioners actually wanted to enroach upon land owned and possessed by his clients. He further submits that a second appeal presented by his clients before this Court is awaiting admission. His contention is that since by filing this writ petition the petitioners sought to execute a decree of a Civil Court granting permanent injunction, in view of provisions in Order 21 Rule 32 of the Code of Civil Procedure, 1908, their remedy, if any, is only by way of execution of the decree before the competent Civil Court. In support of his contention he relies on a Single Bench decision of this Court in Jaya...
Sahadeb Mondal Vs. State of West Bengal
Court: Kolkata
Decided on: Feb-05-2007
Reported in: 2007CriLJ1728
Partha Sakha Datta, J.1. The appellant Sahadeb Mondal alias Kshyapa Mondal feeling aggrieved with judgment of conviction under Section 302, IPC and order of sentence of life imprisonment with fine of Rs. 5,000/- in default to suffer rigorous imprisonment of two years as was passed by learned Additional Sessions Judge-cum-Judge, E.C. Act on 20-12-2001 in Sessions Serial No. 67 of 1996 corresponding to Sessions Trial No. 1(5) of 2001 in Sessions Serial No. 67 of 1996 corresponding to Sessions Trial No. 1 (5) of 2000 has preferred the appeal on two-fold grounds namely (i) the charge of murder was not proved through the evidence of the witnesses examined by the prosecution and (ii) that at the time of alleged commission of offence he had been suffering from insanity.2. Sukurnar Mondal of village Mankara under police station Berhampore of the district of Murshidabad lodged a written complaint with the O.C. Berhampore P.S. at 8.20 a.m. on 9-6 1987 alleging that at 3 a.m. Rabi, the eldest son...
Jayanta Kumar Mondal and ors. Vs. Brojo Gopal Dalal and anr.
Court: Kolkata
Decided on: Feb-05-2007
Reported in: 2007(4)CHN101
Kalidas Mukherjee, J.1. This application under Article 227 of the Constitution of India is directed against the Order No. 64 dated 28.09.2005 passed by the learned Additional Civil Judge (Jr. Division), Ghatal allowing the application under Section 10 of the Code of Civil Procedure, in Title Suit No. 4 of 2003. The plaintiffs/petitioners filed a suit bearing T.S. No. 6 of 2002 (Renumbered as T.S. No. 4 of 2003) against the defendants/opposite parties in the Court of Civil Judge (Jr. Division), Ghatal praying for declaration and for injunction in respect of the suit premises. The case of the plaintiffs/ petitioners, in short, is that they have got 27-5/12 decimals of land out of 33 decimals in the 'Kha' Schedule property by way of purchase from the heirs of Naba Kumar Dubey. The rest 5-7/12 decimals out of 33 decimals has been purchased by Bibekananda Bayam Samiti. 'Ka' Schedule is included in the 'Kha' Schedule property. Naba Kumar Dubey was the owner of 'Kha' Schedule property under P...
Bengal Brickfield Owners' Association and Ors. Vs. State of West Benga ...
Court: Kolkata
Decided on: Feb-02-2007
Reported in: 2007(4)CHN576
Soumitra Pal, J.1. Let affidavit of service filed in Court today be kept with the records.2. I find in spite of directions contained in the order dated 6th September, 2005 and 25th April, 2006, no affidavit-in-opposition has been filed on behalf of the State. In the absence of affidavits the assertions made by the petitioner are deemed to be correct.3. In the writ application, the petitioners have prayed for several reliefs. The relevant prayers are as under:(a) A writ in the nature of mandamus commanding the respondents, their men, agents, assigns and subordinates not to give any effect and/or further effect to the impugned rent charts made Annexures P/1 collectively herein in respect of Brickfields and further to act in accordance with law;(b) A writ in the nature of mandamus directing the respondents, their men, agents, assigns and subordinates to allow the members of the petitioner No. 1. Association to carry on brick manufacturing business upon acceptance of G Form with applicatio...
Sk. Basir Vs. the State of West Bengal and anr.
Court: Kolkata
Decided on: Feb-02-2007
Reported in: (2007)3CALLT305(HC)
Pravendu Narayan Sinha, J.1. The revisional application under Section 482 of the Code of Criminal Procedure (hereinafter called the Code) has been filed by the petitioner praying for quashing the proceeding being Misc. Execution Case No. 40 of 1999 now pending in the Court of the learned Judicial Magistrate,; 2nd Court, Uluberia and all orders passed therein.2. Mr. Siladitya Sanyal, the learned advocate appearing for the petitioner submitted that the O.P. No. 2 filed an application under Sections 3 and 4 of the Muslim Women (Protection of Rights on Divorce) Act (hereinafter called the Act) before the then learned Sub-Divisional Judicial Magistrate (in short the SDJM), Uluberia which was registered as Misc. Case No. 117 of 1996. The Misc. Case was allowed ex parte on 15.9.98 and the learned Magistrate directed the petitioner to pay Rs. 1500/- per month to the divorced wife O.P. as maintenance for the 'iddat' period and further directed to pay 1186: chandi to her. It was further directed...
The Chairman, District Primary School Council Vs. Smt. Santa Roy (Sing ...
Court: Kolkata
Decided on: Feb-01-2007
Reported in: (2007)2CALLT198(HC)
Pranab Kumar Chattopadhyay, J.1. This appeal is directed against the Judgment and order dated 20th November, 2001 passed by the learned single Judge in CO. No. 7797(W) of 1991 whereby and whereunder the said learned single Judge disposed of the writ petition by directing the concerned authority to take all possible steps for the purpose of approving the service of the writ petitioner.2. The writ petitioner was appointed as Assistant Teacher initially against the normal vacancy created due to resignation of one Sri Surendranath Singh, an approved Assistant Teacher of Shree Nehru Vidyalaya and thereafter, pursuant to the subsequent written communication of the said school authorities, the said petitioner was informed about her appointment against additional post w.e.f. 19th November, 1974. The writ petitioner prayed for a direction upon the respondents to approve the service of the petitioner.3. Considering the submissions of the learned Counsel of the respective parties learned single J...
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