Kolkata Court July 2007 Judgments
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Bireshwar Goswami Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-27-2007
Reported in: 2008(2)CHN487
Girish Chandra Gupta, J.1. Bireshwar Goswami and Bisheshwar Goswami both sons of Shri Nakuleshwar Goswami and Shrimati Swati Goswami wife of Bisheshwar Goswami, pursuant to a written complaint dated 23rd September, 1988 lodged by Shri Amarendra Nath Adhikari with the Officer-in-Charge of Asansol Police Station, which formed the basis of formal FIR, were charged under Section 302 of the Indian Penal Code for intentionally committing murder of Shrimati Kakali Goswami daughter of the complainant Amarendra Nath Adhikari under Section 201 of the Indian Penal Code for causing evidence of offence to disappear and knowingly giving false information with the intention of the screening the accused person from legal punishment and under Section 120B of the Indian Penal Code having agreed to commit murder of Shrimati Kakali Goswami amongst themselves. The learned Trial Judg by his judgment dated 20th September, 2000 acquitted all the accused persons from the chargesheet under Section 120B and Sect...
Samuel Haque Molla Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Jul-27-2007
Reported in: 2008(1)CHN875
Tapan Mukherjee, J.1. This application under Section 482 of Cr.PC registered as C.R.R. No. 1356 of 2007 is directed against the order dated 14.2.2007 passed by the learned Additional District & Sessions Judge, Fast Track Court, Diamond Harbour in Criminal Motion No. 849 of 2005 modifying the judgment and order dated 22.9.2005 passed by learned Judicial Magistrate, Diamond Harbour in case No. M 56 of 2000.2. The petitioner, a divorced Muslim wife filed a petition under Section 3 of Muslim Women (Protection of Rights on Divorce) Act, 1986 before the learned Magistrate for realising dower, value of her properties given at the time of marriage and maintenance during iddat period. Before that she filed a petition under Section 125, Cr.PC for monthly maintenance allowance of Rs. 1,500/-. She prayed for treating the instant petition as a part of that petition.3. The O.P. disputed the amount of dower and denied giving of marriage gift or cash amount and contended that the petitioner is able to...
Atul Roy (In Jail) Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-26-2007
Reported in: 2007(4)CHN129,2007CriLJ3816
Girish Chandra Gupta , J.1. The accused Atul Roy son of Mahesh Roy of Sardarpara within Kotwali Police Station in the district of Jalpaiguri a permanent labourer of BPL Tea Garden, pursuant to a written complaint lodged by Shri Mahendra Nath Roy with the Officer-in-Charge of the Kotwali Police Station on 5th July 2001, was charged with an offence punishable under Section 376 of the Indian Penal Code. He pleaded not guilty and was therefore tried. The learned Trial Judge on 20th March, 2004 has convicted the accused and on 22nd March, 2004 has passed a sentence directing him to undergo rigorous imprisonment for a period of 10 years and to pay a fine of Rs. 1,000/- and in default of payment of fine to undergo further rigorous imprisonment for a period of six months. The convict has come up in appeal. The prayer for suspension of the sentence was rejected by a Division Bench of this Court by an order dated 30th April, 2004.2. The case of the prosecution briefly stated is that on 30th June...
Sheikh Habal and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-26-2007
Reported in: (2007)3CALLT342(HC),2007CriLJ3971
Girish Chandra Gupta, J.1. The accused Sk. Habal, Sk. Kalo, Sk, Aijamal and Sheikh Bodir all sons of late Sk. Golam of Budhpur within Khoirashol Police Station in the district of Birbhum were charge-sheeted by the police for offence under Section 304 read with Section 34 of Indian Penal Code on the basis of a first information report dated 11th October, 1992 lodged by Sheikh Kalu son of late Sk. Khodaband. The accused persons were however charged by the Ld. Trial Court under Section 302 read with Section 34 of Indian Penal Code and were ultimately convicted and sentenced with life imprisonment and to pay fine of Rs. 1000/-, in default to suffer rigorous imprisonment for six months by an order dated 20th December, 1995. The accused persons have now come up in appeal.2. The case of the prosecution appears to be that on 11th October, 1992 at about 4 p.m. an altercation, followed by assault upon Sheikh Dilip, took place owing to grazing of cows in the paddy fields belonging to the accused ...
Chapu Bagdi and anr. Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-26-2007
Reported in: 2008(1)CHN665
Girish Chandra Gupta, J.1. The accused Chapu Bagdi, son of Shri Nanda Bagdi and the accused Sone Bagdi, son of late Purna Bagdi, both of Dharapara in the district of Burdwan were charged by the police with offences punishable under Section 376(2)(G) read with Section 506 of the Indian Penal Code on the basis of a First Information Report lodged by Champa Mondal, wife of Shri PalanMondal of Dharapara in the district of Burdawn, on 13th December, 1993 at 16.25 hours. The accused persons were however charged by the Id. Trial Judge under Section 376 of the Indian Penal Code and convicted and sentenced to suffer 10 years rigorous imprisonment and to pay a fine of Rs. 1,000/- each and in default to suffer further six months rigorous imprisonment by an order dated 24th June, 1999.2. The convicted persons have come up in appeal. The appeal being CRA No. 217 of 1999 was admitted by an order dated 27th July, 1999 by a Division Bench of this Court. A further appeal being CRA No. 370 of 2000 also ...
Dwijendra Nath Singha and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jul-26-2007
Reported in: [2007(115)FLR233]
Ashim Kumar Banerjee, J.1. The appellants were the canteen employees working in various canteens in Calcutta University Campus. They prayed for their regularization as University Employees. Initially they moved the learned Single Judge in 1994 by filing W.P. No. 1506 of 1994. The learned Single Judge by judgment and order dated July 16, 1997 asked the State to consider tike representation of the appellants and pass a reasoned order on the same. While giving such direction His Lordship considered the fact that the University Authorities supervised those canteens through a Centralized Canteen Committee appointed for the said purpose. Moreover, the University Authorities were providing infrastructure to run those canteens for the welfare of the students. The Universities Authorities were also paying those employees paltry sums as salary which they called as 'wage subsidy'. The University Authorities, however expressed their inability to accede to the prayers of the petitioners in absence ...
Anuradha Talwar Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-25-2007
Reported in: 2007(4)CHN123
1. We have heard the learned Counsel for the parties at length. We have also perused the case diary.2. In this case an application has been made by the petitioner for anticipatory bail apprehending arrest in a criminal case registered against her and a large number of other persons under Sections 147/148/149/186/332/333/325/326/353/ 307 of the Indian Penal Code. It is submitted that the petitioner is a lady aged about 48 years. She is a President of Paschim Banga Khey Majoor Samity. This is a trade union of agricultural labourers. In her capacity as a President of the union and as a social worker, she has been appointed as an adviser to the Commissioner by the Supreme Court in connection with W.P. No. 196 of 2001 for upholding and safeguarding the 'Right to Food' and 'Right to Work' in the State of West Bengal. She has been agitating on behalf of the agricultural labourer and land owners against the acquisition of land at Singur for setting up the Tata's Small Car Project. While she wa...
Budhadev Karmakar Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-25-2007
Reported in: 2007(4)CHN305,2007CriLJ3677
Girish Chandra Gupta, J.1. On the basis of a statement made by Shrimati Asha Khatun on 17th September, 1999 a formal FIR was recorded and on that basis GR No. 1520/99 was started against the accused Buddhadev Karmakar. He ultimately was charged under Section 302 of the Indian Penal Code which culminated in an order of conviction followed by an order of punishment dated 5th April, 2004 by which the accused/appellant was sentenced to suffer rigorous imprisonment for life as also to pay a fine of Rs. 2,000/- and in default to suffer rigorous imprisonment for further six months. The accused/convict has now come up in appeal.2. The case of the prosecution briefly stated is that on 17th September, 1999 at about 9.15 p.m. Shrimati Chayay Rani Pal alias Buri, aged about 45 years, a resident of room No. 8 of premises No. 19, Jogen Dutta lane, a three storied building in the red-light area, was sleeping in front of her room near the staircase. The room No. 8 is in the second floor of the premise...
Toplight Commercials Ltd. Vs. Gatha Apparels Pvt. Ltd.
Court: Kolkata
Decided on: Jul-25-2007
Reported in: 2008(1)CHN695
1. This appeal is directed against an order dated February 7, 2007 passed by the Hon'ble Company Judge whereby His Lordship admitted part of the claim of the petitioning creditor/appellant herein on account of maintenance charges with effect from December, 2005 till April, 2006 being a sum of Rs. 95,765/- and the petition is admitted with the said principal amount of Rs. 95,765/- together with interest at the rate of 8% per annum from the respective due dates.2. The Hon'ble Company Court also directed that if payment is made within three weeks, then the winding up petition should stand permanently stayed in case of payment, failing which the advertisement was directed to be published. The claim of the petitioner on account of electricity bills and reimbursement bills were relegated to a suit.3. The petitioner/appellant filed the winding up petition against the company on the basis of the claim of the petition on account of electricity bills and reimbursement bills and maintenance charg...
indrawati Tiwari Vs. Sheo Alias Sew Saran Sharma and ors.
Court: Kolkata
Decided on: Jul-25-2007
Reported in: 2008(2)CHN460
Sailendra Prasad Talukdar, J.1. Order No. 44 dated 20th March, 2007 passed by the learned 2nd Court of Civil Judge (Senior Division), Howrah in Title Suit No. 6 of 2004 is under challenge in this application under Article 227 of the Constitution.2. Grievances of the petitioner, as ventilated in the instant application, may briefly be stated as follows3. Petitioner, as plaintiff, filed the suit being Title Suit No. 6 of 2004 before the learned 2nd Court of Civil Judge (Senior Division), Howrah against the opposite parties/defendants for specific performance of contract on cancellation of document as well as for permanent injunction.4. The petitioner, as plaintiff, claimed that the suit property is a three storied building having more or less 24 rooms. It is let out to different tenants including the husband of the plaintiff since long by defendant No. 1. During such stay of the plaintiff, there was a talk of transfer of the property and accordingly an agreement for sale was executed on ...
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