Kolkata Court March 2007 Judgments
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Bhim Ch. Hembram Vs. State of West Bengal
Court: Kolkata
Decided on: Mar-13-2007
Reported in: 2007(4)CHN133
Amit Talukdar, J.1. This is a jail appeal filed by the convict/appellant which is directed against the judgment and order dated 11.3.2004 passed by the learned Special Judge, Third Court, Purulia in Special Court Case No. 2 of 2003. As the convict/appellant pleaded guilty, the learned Special Court by its impugned judgment and order found him guilty in respect of charge of Section 409 of the Indian Penal Code and sentenced him to suffer a simple imprisonment for a period of eight (8) years and to pay fine of Rs. 1,000/- (One Thousand); In default of payment of fine he was directed to suffer further simple imprisonment for two months.2. This appeal has been argued by Shri Bhattacharya, the learned State Defence, who has placed before us the following points in support of the appeal.3. Firstly, Shri Bhattacharya has submitted that the sentence is too severe. Secondly, the learned Special Court without properly appreciating the state of mind of the appellant very abruptly had taken the pl...
Suraj Yadav and anr. Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Mar-13-2007
Reported in: I(2008)DMC314
Biswanath Somadder, J.1. This is an application under Section 482 of the Code of Criminal Procedure for question of the proceeding, bearing B.G.R. Case No. 1010/2003 which aroseout of Tiljala Police Station Case No. 82 dated 20th March, 2003 under Sections 498A/109 of the Indian Penal Code (for short, the Code) pending before the Court of learned Sub-Divisional Judicial Magistrate, Alipore, against the petitioners.2. The facts of the case, in brief, are as follows:(i) The petitioners are neighbours of Soma Mondal, being the complainant in the instant case. Soma Mondal on 20th March 2003 lodged a complaint with the Officer-in-Charge of Tiljala Police Station alleging inter alia of torture perpetrated by her husband Nemai Mondal. She further alleged that on the day of 'Holi' at 8.30 a.m. her husband Nemai Mondal and the petitioners herein used filthy language and assaulted her for which she was sent to the hospital from the Police Station. In the said complaint it was further alleged tha...
Uttar Banga Kshetriya GramIn Bank and ors. Vs. Jayanta Choudhury and o ...
Court: Kolkata
Decided on: Mar-12-2007
Reported in: (2007)2CALLT620(HC)
Surinder Singh Nijjar, C.J.1. This appeal has been filed by the Uttar Banga Kshetriya Gramin Bank (hereinafter referred to as 'Bank') against the Judgment of the learned single Judge of this Court in W.P. 1151 (W) of 1999. It is stated that the learned single Judge should not have allowed the writ application by quashing and setting aside the circular dated 22nd June, 1998 and also should not have passed the direction upon the private respondents to be reverted back to their original post.2. It is further pleaded that the learned single Judge should not have allowed the writ application and should not have passed the directions upon the respondents/appellants herein, to immediately initiate the selection process for giving promotion in the post of 'MMG-II'. The Bank is also aggrieved against the following directions:This will, however, not preclude the Bank to retain the promotions being the private respondents in their respective promoted posts, if any, so want in such event the writ ...
Asian Exports Vs. Assistant Commissioner of Income
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Mar-09-2007
Reported in: (2007)110TTJ(Kol.)152
1. The above appeal filed by the appellant is directed against the order of the CIT(A)-XVI, Kolkata, dt. 25th Sept., 2006 relating to -asst. yr. 2004-05 on the following grounds of appeal: 1. That on the facts and in the circumstances of the case and evidences on records the CIT(A) erred in upholding the action of the AO in coming to the conclusion that the appellant was not engaged in the manufacture or produce of an article or thing and/or no new article or thing emerged which are distinctive in character or identity and thereby disallowing the claim of the appellant under Section 10B of the IT Act though it was demonstrated with evidence that the appellant was engaged in the business of ornamental fishes which was produced by them and new ornamental fishes with distinctive character and identity was produced. 2. That on the facts and in the circumstances of the case the CIT(A) erred in holding that the various process adopted by the appellant for the produce of the ornamental fishe...
Asstt. Cit Vs. Balarampur Chini Mills Ltd.
Court: Income Tax Appellate Tribunal ITAT Kolkata
Decided on: Mar-09-2007
Reported in: (2007)109ITD146(Kol.)
1. The appeal preferred by the revenue is directed against the order passed by the learned Commissioner of Income Tax, Central-11, Kolkata dated 31-3-2006 for the assessment year 2004-05 on the following grounds :' (1) That on the fact and in the circumstances, the learned Commissioner (Appeals) erred in law in directing to allow deferred tax to determine book profit under Section 115JB of the Income Tax Act, 1961, when the said deferred tax is not deductible under the provision laid down in the Parts II & III of Schedule VI of the Companies Act, 1956 for preparing final account as per that Act. (2) That on the fact and in the circumstances, the learned Commissioner (Appeals) erred in law in directing to allow deferred tax to determine the book profit under Section 115JB of the Income Tax Act, 1961, when the deferred tax is a provision of tax effect of the differences between taxable income and accounting income, and so is not allowable under Section 115JB of the Income Tax Act, 1...
Lieutenant Governor and ors. Vs. Joy Dev Majhi and ors.
Court: Kolkata
Decided on: Mar-09-2007
Reported in: 2007(3)CHN203
Ashim Kumar Banerjee, J.1. Five writ petitioners were working as seamen. They were mostly engaged in the ships run by the Directorate of Shipping in and around these islands. In 2004 they were asked to exercise their option whether they would be governed by the provisions of the Merchant Shipping Act, 1958 or they would continue to remain to be guided by FR & SR. The petitioners did not have any passenger ship familiarization course certificate or watch keeping certificate. Although 72 seamen were allow to exercise their option to be governed by the provisions of Merchant Shipping Act. The petitioners also exercised such option. In terms of the provisions of the said Act of 1958 they were to possess those two certificates. The authorities by their memorandum dated February 11, 2004 asked them to produce passenger ship familiarization course certificate as well as watch keeping certificate. However, by subsequent corrigendum issued on February 18, 2004 the authorities withdrew the condi...
Joseph Tigga and anr. Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Mar-09-2007
Reported in: [2007(115)FLR964],(2008)ILLJ509Cal
Ashim Kumar Banerjee, J.1. The appellants were employees of Wimco Company who closed down their unit in these Islands in 1991-92. The appellants were residing in the Company quarters which they refused to vacate. The Workers' Union entered into a Memorandum of Settlement with the management of Wimco under Section 18(3) of the Industrial Disputes Act, 1947. It was agreed upon by and between the parties that the Company would make payment of retrenchment compensation upon vacating of the quarters. It was alleged that the appellants did not vacate the quarters despite payment being offered to them. In 1995 the property was purchased by Andaman Timber Industries Limited. However, Andaman Timber did not get vacant possession. As such, they filed several litigations as against the occupants including the appellants. In the meantime, the property was acquired by the Administration. The land acquisition case being L.A. Case No. 5/2001 was heard and disposed of by the District Judge inter alia ...
Alok Munshi Vs. Satinath Mukherjee and anr.
Court: Kolkata
Decided on: Mar-09-2007
Reported in: 2008(2)CHN1033
Sailendra Prasad Talukdar, J.1. By filing such application under Section 397/401/482 of the Criminal Procedure Code the present petitioner sought to quash the proceeding being C.R. Case No. 274 of 2006 now pending before the learned Court of Additional Chief Judicial Magistrate, Serampore, Hooghly.2. Grievances of the petitioner, as ventilated in the present application, may briefly be stated as follows:Opposite party No. 1, as complainant, alleged in the complaint filed before the learned Court that in response to request made by the present petitioner, he gave him an accommodation loan of Rs. 3,48,500/-. On repeated demands, the present petitioner issued two Account Payee Cheques being No. 134819 dated 2.12.2005 of Rs. 51,500/- and No. 134820 dated 2.12.2005 of Rs. 2,97,000/- drawn on United Bank of India, Chanditala Branch, Hooghly. The said cheques were deposited on 6.4.2006 for encashment but the same were dishonoured on the ground of 'insufficient of fund'. Opposite party No. 1 i...
Union of India (Uoi) and ors. Vs. Saied Meera
Court: Kolkata
Decided on: Mar-09-2007
Reported in: 2008(1)CHN890
Dipankar Datta, J.1. Since facts in these two applications under Article 226 of the Constitution of India are identical and they are directed against the common judgment dated 23rd December, 2005 passed by the Central Administrative Tribunal, Calcutta Bench (Circuit at Port Blair) in O.A. Nos. 59/AN/2004 and 60/AN/2004, the same were heard together and are being disposed of by this common judgment.2. By separate memorandum dated 13th March, 2002, the applicants before the Tribunal being the respondents in the two writ applications were chargesheeted. The article of charge reads as follows:Article-IThat PC/1999 Saied Meera, PC/1973 Lawrence Robert and PC/1084 J.J. Edward, while posted to RPRS, guard at Campbell Bay, consumed liquor alongwith a woman namely Smt. Bali Devi, w/o Shri Jaggu Badaik (30) R/o Nehru Colony, Campbell Bay and when Smt. Bali Devi was fully under drunken state all of the aforesaid Police Constables indulged in sexual intercourse with her in the guard room (restrict...
Abdullah Salafi Vs. State of West Bengal
Court: Kolkata
Decided on: Mar-08-2007
Reported in: 2007CriLJ2029
ORDERSadhan Kumar Gupta, J.1. This revisional application has been preferred under Section 401 read with Section 482 of the Cr.P.C.2. Case of the petitioner is that on the basis of a report submitted by a police officer regarding the information received to the effect that some I.S.I. agents of Pakistan and Bangladesh entered into India with a view to wage war against the Indian Government and to topple the State Government, which are established in accordance with law. On the basis of the said report, a criminal case under Sections 121/121A/ 122/124A/153A/295A/420/467/471 read with Section 120-B of the Indian Penal Code was started. During the course of investigation, this petitioner was apprehended on the allegations that he was also a conspirator so far as the said offence is concerned. According to the petitioner, he is a religious man and is a citizen of India and is in no way connected with the alleged conspiracy, as claimed on behalf of the de facto complainant. The allegations,...
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