Kolkata Court March 2007 Judgments
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Sanjay Das Vs. Rinku Das
Court: Kolkata
Decided on: Mar-23-2007
Reported in: 2007(3)CHN567
Biswanath Somadder, J.1. Affidavit of service filed in Court today, be kept on record.2. This is an application directed against several orders passed on 1st December, 2004 by the learned Judicial Magistrate, 1st Class, 2nd Court, Sealdah, South 24-Parganas in M. Case No. 99 of 2004. These orders were passed in respect of an application under Section 125 of the Code of Criminal Procedure, 1973, filed by the wife, being the opposite party herein.3. It is the contention of the learned Advocate appearing on behalf of the petitioner that the ex parte order of maintenance passed by the learned Judicial Magistrate on 1st December, 2004, could not have been passed in the facts of the instant case. She submits that on the day, i.e. 1st December, 2004, the learned Advocate representing the husband, had taken out an application before the said learned Judicial Magistrate, requesting the learned Magistrate to grant two months time for filing opposition to the application under Section 125 of the ...
Bibi Najba Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-23-2007
Reported in: 2008(2)CHN363
Jyotirmay Bhattacharya, J.1. Short history of the dispute leading to these writ petitions: Three writ petitions are pending between the same set of parties involving common dispute. First of such writ petitions being W.P. No. 25204(W) of 2006 was filed by the Pradhan of Sahapur-I Gram Panchayat under Goalpokhar-II Panchayat Samity. In the said writ petition, the petitioner has challenged the legality of the notice dated 14th November, 2006 by which the requisitionist members convened a requisition meeting to be held on 23rd November, 2006 for transacting the business on the agenda of removal of Pradhan.2. The bone of contention of the petitioner in the said writ petition was that since pursuant to the request made by those requisitionist members on 27th October, 2006, the Pradhan herself convened a requisition meeting to be held on 30th November, 2006, the notice by which a requisition meeting was convened by the said requisitionist members even before expiry of the statutory period wi...
SudhIn Kumar Ghosh Vs. Damodar Valley Corporation and ors.
Court: Kolkata
Decided on: Mar-23-2007
Reported in: [2007(113)FLR849]
ORDERShri Sudhin Kumar Ghosh had joined Damodar Valley Corporation as Officer-on Special Duty, Secretariat Department, Kolkata on 16th May, 2001. He was placed on probation for a period of six months Initially and subsequently his designation was Additional Secretary (Corporate & Legal) and his probation period was further extended for six months with effect from 16.11.2001.Now, under Regulation-12 of DVC Service Regulations the services of Shri Sudhin Kumar Ghosh are terminated with immediate effect.This Issues with the approval of the competent authority.(A.R. Chaudhuri)Director (HRD)The aforesaid order was challenged by the appellant in (he writ petition which was dismissed by the learned Single judge by the judgment and order under appeal. The said decision of the learned Single Judge has been challenged in this appeal.Mr. Milan Bhattacharyya, learned Counsel of the appellant submits that the appellant herein never joined the Damodar Valley Corporation as Officer-on-Special Duty an...
Umesh Prosad Singh Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Mar-22-2007
Reported in: 2007(3)CHN737
Pranab Kumar Chattopadhyay, J.1. The appellant herein moved a writ petition before this Hon'ble Court challenging the validity and/or legality of the order of dismissal dated 8'' March, 1985 whereby and whereunder the Senior Security Officer, R.P.F., Kharagpur dismissed the writ petitioner from service in exercise of the powers conferred by Rule 47 of the R.P.F. Rules, 1959. The said Rule 47 of the R.P;F. Rules, 1959 is quoted hereunder:47. Special Procedure in certain case.-Notwithstanding anything contained in Rules 44, 45 and 46, where a penalty is imposed on a member of the Force (a) on the ground of conduct which has led to his conviction on a criminal charge, or (b) where the disciplinary authority is satisfied for reasons to be recorded in writing, that it is not reasonably practicable to follow the procedure prescribed in the said rules, the disciplinary authority may consider the circumstances of the case and pass such orders thereof as it deems fit.2. The learned Single Judge...
Manjit Singh Bawa Vs. Food Corporation of India and ors.
Court: Kolkata
Decided on: Mar-22-2007
Reported in: [2007(113)FLR633]
Pranab Kumar Chattopadhyay, J.1. This appeal has been preferred at the instance of the writ petitioner who filed the writ petition before the learned Single Judge challenging the order dated 25th January, 1990 passed by the Managing Director, Food Corporation of India discharging the said writ petitioner from the service of the said Corporation with immediate effect.From the records it appears that the appellant/writ petitioner was offered appointment to the post of Joint Manager (General) in the Food Corporation of India in terms of office order dated 11th January, 1988 oil the basis of certain terms and conditions as mentioned in the said office order. The appellant/writ petitioner joined the service pursuant to the aforesaid officer order on 29th January, 1988. In the said office order it was specifically provided that the appellant/writ petitioner shall be on probation for a period of one year from the date of his appointment which may be extended by a further period of not exceedi...
Ambu Nath Saha Alias Ambu Saha Vs. State of West Bengal
Court: Kolkata
Decided on: Mar-21-2007
Reported in: 2007CriLJ2359
ORDERPartha Sakha Datta, J.1. By this application dated 6-1-2006 one accused Ambu Nath Saha alias Ambu Saha in Special Case No. 01/91 pending before the learned 3rd Additional Sessions Judge, Alipore under Sections 120B/ 409/467/471/477A of the I.P.C. has prayed for quashing of the proceeding as against him on the grounds inter alia that if the FIR and the charge-sheet are taken at face value they do not reveal constitution of any offence against him and that even after elapse of 15 years since submission of charge-sheet against the accused persons in the case not an inch has moved towards progress of the suit resulting thereby violation of the constitutional principle of accused's right to speedy trial within the ambit of Article 21 of the Constitution and that there has not been any appointment even of a Public Prosecutor for trial of the case during these long years, that two accused persons have already died and so far as the petitioner is concerned there is no case against him.2. ...
Basirul Haque and ors. Vs. Chand Mohammad and anr.
Court: Kolkata
Decided on: Mar-21-2007
Reported in: 2007CriLJ2323
ORDERParth Sakha Datta, J.1. The order dated 5-10-1999 passed by learned Additional Sessions Judge of Kandi in the district of Murshidabad in eriminal Motion No. 6 of 1999 setting aside there by the order dated 12-2-1998 passed by the learned SDJM (now ACJM) Kandi in C.R. Case No. 404 of 1980 whereby the learned SDJM discharged the accused persons under Section 245(3) of the Cr.P.C. is under challenge.2. One Chand Mohammad who is the opposite party No. 1 herein lodged a complaint with the learned SDJM, Kandi on 23-4-1980 alleging forgery of one sale deed being No. 5177 of 1976 relating to immovable property belonging to his wife Rowsonara Begam. The petitioner No. 2 herein allegedly executed the deed by impersonating herself as Rowsonara Begam in respect of the disputed property in favour of the petitioner No. 1 Basirul Haque and in that deed the petitioner No. 3 was a witness and petitioner No. 4 was the deed-writer and the allegations were that they all acted in conspiracy with each ...
Dr. Shib Sankar Ghosh Vs. Ashim Rooj and ors.
Court: Kolkata
Decided on: Mar-21-2007
Reported in: 2007CriLJ2512
ORDERPartha Sakha Datta, J.1. By this application under Section 397/401 read with Section 482 of the Cr. P.C. the judgment and order dated 18-5-2005 passed by the learned Assistant Sessions Judge, Suri. Birbhum in Sessions Case No. 7 of 2003 corresponding to G.R. Case No. 101 of 1999 whereby the learned Judge acquitted three accused persons namely Uttam Rooj (O. P. No. 3), Latika Rooj (O. P. No. 4) and Dipti Rooj (O. P. No. 9) of the charges under Section 498A/306 of the I.P.C. is under challenge.2. P.W. 1 Shib Sankar Ghosh, the father of the victim lodged a complaint with the O. C. Dubrajpur P.S. on 8-2-1999 at 15.50 hours against 11 persons including the nine opposite parties herein alleging that his daughter Lakshi Rooj was married to Ashim Rooj (O. P. No. 1) at Tarapith Temple following love affairs was not taken kindly by the members of the matrimonial family as a result of which the members of the family of Ashim did not allow his daughter and Ashim to enter into their house. Ash...
Board of Councillors, Bhatpara Municipality Vs. Cesc Ltd. and ors.
Court: Kolkata
Decided on: Mar-21-2007
Reported in: 2007(3)CHN328
1. This appeal is arising out of an order passed by the Hon'ble First Court on October 8, 2002 in the writ petition when His Lordship was pleased to hold that both the authorities below erred in law in holding that the proposal of construction of switching-cum-substation by the writ petitioners/ respondent herein falls within the ambit of 'commercial use'.2. His Lordship was pleased to set aside the said orders and directed the Bhatpara Municipality (hereinafter referred to as 'the said Municipality') to mutate the names of CESC Ltd. upon payment of the mutation fees and the charge for conversion of the use of land from 'agriculture to industrial one' at the rate fixed by the West Bengal Municipal Act.3. Being aggrieved by the said order passed by the Hon'ble First Court the appellant preferred this appeal.4. The facts of the case briefly are as follows:The CESC Ltd. purchased 80 cottahs of 'agricultural land' and applied for mutation of the said property in their name before the Munic...
Dipankar Sen and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-21-2007
Reported in: 2007(3)CHN618
Pinaki Chandra Ghose, J.1. This application is arising out of an order and/or judgment delivered by the learned Tribunal dated 17th September, 2003.The writ petitioner has challenged the impugned order on the ground that the learned Tribunal misconstrued the facts of the case and further failed to appreciate that the Revenue Officer decided the issue on the direction of the DL and LRO, Therefore, the decision of the Revenue Officer is in violation of the said statute/Act.2. The only question arose in this application that whether there was any illegality or infirmity in the initiation of the proceedings and the findings arrived at by the Revenue Officer under Section 51 A(4) of the West Bengal Land Reforms Act, 1955 (hereinafter referred to as the said Act)?3. Facts of the case briefly are as follows:One Chandrakona Road Stationpara Sporting Club (hereinafter referred to as the said club) claimed to have been in possession of a football ground on R. S. Plot No. 119, being L.R. Plot Nos...
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