Kolkata Court May 2007 Judgments
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Prafullya Das and Etc. Vs. State of West Bengal
Court: Kolkata
Decided on: May-04-2007
Reported in: 2008(2)CHN515,2007CriLJ2796
Alok Kumar Basu, J.1. This appeal is directed against the judgment and order of the learned Additional Sessions Judge, 1st Court, Jalpaiguri passed in connection with Sessions Case No. 58 of 1997.2. The learned Additional Sessions Judge by his judgment and order found all the three appellants guilty under Section 302/34 of the IPC and accordingly, they were convicted and sentenced to suffer imprisonment for life each.3. The appellants being aggrieved by and dissatisfied with the order of conviction and sentence preferred this appeal.4. The prosecution case in brief was that on 29-7-1992 at about 10 p.m. when Nandalal Saha, husband of Laxmi Rani Saha of East Rabindra Nagar, Siliguri in the district of Darjeeling was talking to the present appellants regarding transaction of some money in front of the veranda of one Pradip's stationery shop, Laxmi Rani Saha stood nearby and Laxmi Rani Saha heard that the appellants were threatening to kill her husband Nandalal. After sometime due to load...
Calcutta State Transport Corporation Vs. Sudama Ghosh
Court: Kolkata
Decided on: May-04-2007
Reported in: 2008ACJ2627
Prabuddha Sankar Banerjee, J.1. This revisional application is one under Article 227 of the Constitution and is directed against judgment and award dated 7.7.2003 passed by learned Judge, Motor Accidents Claims Tribunal, Alipur in connection with M.A.C. Case No. 81 of 2001.2. The said case was one under Section 163-A of the Motor Vehicles Act brought by the present opposite party against the present petitioner.3. The fact leading to filing of the said M.A.C. case may be summed up thus:(i) That the present opposite party met with a motor vehicle accident on 10.7.2000 at about 10.15 hours in front of pillar No. 23 over Howrah Bridge. At the relevant time the victim was aged about 33 years and was earning Rs. 1,330. He was a passenger of Calcutta State Transport Corporation (in short 'C.S.T.C.') bus No. WB 01-1033. As a result of the said accident the present opposite party sustained severe injuries and was treated medically. It is the case of the opposite party that the said accident too...
Kamrul Islam and anr. Vs. the State of West Bengal
Court: Kolkata
Decided on: May-03-2007
Reported in: (2007)3CALLT226(HC)
Kalidas Mukherjee, J.1. This appeal arises out of the conviction and sentence passed by learned Additional Sessions Judge, 3rd Court, Suri, Birbhum in Sessions trial No. 7 of July, 2002 corresponding to Sessions Case No. 11 of 1999 convicting the accused persons viz. Kamrul Islam and Sk. Sablu and sentencing them to suffer R.I. for 10 years each and also to pay a fine of Rs. 2,500/- each in default to suffer R.I. for six months more for the offence under Sections 376 and 109 of the IPC and they were further sentenced to Suffer Simple Imprisonment for one month each for the offence under Section 341 IPC with the direction that both the sentences shall run concurrently.2. The victim girl lodged complaint with the O.C. of Panrui P.S alleging that on 07.12.98 when she was returning from school by bus at 2.00 P.M. and on getting down from the bus proceeding towards her house on foot, two boys viz. Kamrul Islam and Sk. Sablu forcibly caught hold of her and dragged her into the sugarcane fiel...
Shyam Behari Pandey and ors. Vs. Director General, Railway Protection ...
Court: Kolkata
Decided on: May-03-2007
Reported in: (2007)3CALLT350(HC),[2008(116)FLR948]
Pratap Kumar Ray, J.1. Heard the learned advocates appearing for the parties.This appeal has been preferred assailing the Judgment and order dated 7th March, 2007 passed by the learned Trial Judge in W.P. No. 22415(W) of 2006 whereby and whereunder the impugned order of the writ application passed by the Director General/RPF on 11th August, 2006 rejecting the representation on issue of transfer, was not interfered with.2. The learned Trial Judge considered the writ application as advanced by the respective writ petitioners on the point that even if there was any discrimination on issue of passing of a transfer order by allowing the representation of others, the same cannot be the subject matter of the judicial review on the ground that the applicability of Article 14 of the Constitution of India never could be construed in the negative angle but in the positive angle. However, before us on perusal of the records and documents it appears that there is a question of jurisdiction on issue...
Juneja Chemical Industries (P) Ltd. Vs. Alam Tannery (P) Ltd.
Court: Kolkata
Decided on: May-03-2007
Reported in: II(2008)BC553,[2009]94SCL270(Cal)
Sanjib Banerjee, J.1. The petitioner presses for the company being wound up for its refusal to pay the petitioner's dues. The petitioner claims that a principal sum of Rs. 1,23,94,435/- is due to it on account of the price of goods sold and delivered.2. In its statutory notice the petitioner claimed as follows before arriving at the principal claim of Rs. 1.23,94,435/- after giving credit to the sums paid by the company:Our client deals in various chemicals both of Indian and imported origin. During the usual course of business you placed various orders on our clients for supply of diverse chemicals for your tannery factory. From time-to-time our clients supplied you diverse quantities of chemicals.All the chemicals were delivered to you vide our clients different invoices and the same were duly accepted by you without raising any objection whatsoever. Thereafter, our clients raised and submitted their bills, which were also accepted by you without raising any objection whatsoever. Fro...
State of West Bengal Vs. Hazi Ramjan Ali Mondal and ors.
Court: Kolkata
Decided on: May-03-2007
Reported in: 2008(2)CHN443
1. This application under Article 226/227 of the Constitution of India is at the instance of State of West Bengal and is directed against order dated 5th December, 2001 passed by the West Bengal Land Reforms and Tenancy Tribunal by which the Tribunal allowed an application filed by the respondents thereby giving opportunity of retention of the land in terms of Section 6(5) of the West Bengal Estates Acquisition Act.2. The grievance of the applicant before the Tribunal was that in proceeding under Section 6(5) of the Estates Acquisition Act, in the name of Kaluruddin Mondal, the father of the present applicant, the Revenue Officer passed an order to the effect that all the lands held by Kaluruddin Mondal should vest in the State because the return in Form 'B' and the statement in Form - 'I' had not been filed.3. The Tribunal, on consideration of the materials-on-record, namely, the certified copy of the order passed in the said B.R. Case, came to the conclusion that the Revenue Officer ...
Ashim Kumar Sarkar Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: May-02-2007
Reported in: 2008(1)CHN161
Ashim Kumar Roy, J.1. Heard, the Learned Counsel appearing on behalf of the petitioner, as well as on behalf of the State and the de facto complainant.2. In the instant criminal revisional application the petitioner, an Orthopaedic Surgeon challenged the legality and validity of an order whereby the learned Additional Sessions Judge, Tamluk rejected his application under Section 227 of the Code of Criminal Procedure for discharge and held that there are prima facie materials for framing charge under Section 304/34 of the Indian Penal Code.3. The brief facts of the case in a nutshell are as follows:(a)The nephew of the complainant, Sk. Siraj Ali Khan aged about 6 years suffered a fracture of femur bone due to a fall from the lap of his grandfather. At first he was examined by a local doctor and according to his advise x-ray was done. Thereafter, the patient was taken to Subhalaksmi Nursing Home where Dr. Nakul Palui examined the patient and after going through the x-ray plate opined tha...
Feluram Mondal and ors. Vs. Subodh Kr. Mondal and ors.
Court: Kolkata
Decided on: May-02-2007
Reported in: 2008(1)CHN383
1. We have gone through the application under Section 5 of the Limitation Act for condonation of delay of 162 days. Grounds made out in the application under Section 5 of the Limitation Act are not so satisfactory for which the Court would have ordinarily condone the delay. But, having seen the impugned order passed by the learned Trial Judge, we are inclined to condone the delay, in order to hear out the appeal itself.2. Accordingly, the application under Section 5 of the Limitation Act is allowed. Let the appeal now be registered.3. Prima facie, we are of the view that the order of the learned Trial Judge calls for interference for various reasons, which would be spelt out in our order later.4. Before we decide the matter, we have decided to hear out the appeal itself today, dispensing with the service of notice upon the Panchayat Pradhan or the State authority, as they were neither the really aggrieved parties nor did they appear before the learned Trial Judge. The real affected par...
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