Kolkata Court July 2007 Judgments
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Sanghamitra Ghosh Vs. Rashmoni Gupta and ors.
Court: Kolkata
Decided on: Jul-19-2007
Reported in: 2007(4)CHN538
Kalyan Jyoti Sengupta, J.1. This was an appeal against a decree dated 6th April, 2004 passed in the suit for specific performance of an agreement for sale by the learned Civil Judge (Sr. Division) 3rd Court, Alipore, 24 - Parganas, ex parte. The appellant was unsuccessful in getting the decree set aside by their proceedings under Order 9 Rule 13 of the Code of Civil Procedure right up to the Appeal Court. Now the present appeal is preferred against the decree itself.2. It appears from the records the defendants despite having taken time on several occasions to file written statement did not do so, however, the interlocutory application of the plaintiffs for injunction was contested by filing written objection. On 6th April, 2005 an application was made for adjournment of hearing of the suit and, after this prayer having been refused the suit was taken up for hearing. The case made out in the plaint is that the plaintiff Nos. 2 to 5 and their elder brother Prakash Chandra Gupta, since d...
Prabir Kumar Mondal Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Jul-19-2007
Reported in: 2007(4)CHN833
Tapan Mukherjee, J.1. The C.R.R. is taken up for further hearing. Heard the learned Counsel for the State. The learned Counsel for the petitioner has already been heard.2. This application has been filed for quashing the proceedings in G.R. Case No. 214 of 2003 arising out of Sonamukhi P.S. Case No. 37 of 2003 under Sections 39(1)(b)(c) and 44 of the Indian Electricity Act pending before the learned Additional Chief Judicial Magistrate, Bishnupur, Bankura.3. It has been contended by the learned Counsel for the petitioner that the alleged occurrence took place on 18.7.2003. The FIR was lodged on that date and after investigation, the chargesheet has been submitted under Sections 39(1)(b)(c) and 44 of the Indian Electricity Act as amended by West Bengal Amendment Act of 2001 and the cognizance on the basis of such chargesheet was taken by the learned Magistrate on 29.9.2003. The Indian Electricity Act, 1910 has been repealed and the Electricity Act, 2003 came with effect from 10.6.2003. ...
TitIn Kar Alias Tatan Alias Sujay and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: Jul-19-2007
Reported in: 2007CriLJ268
Girish Chandra Gupta, J.1. Titin Kar alias Tatan alias Sujay, Tarak Sarkar, Sreedam alias Sudam Dey, Subir Das, Ashok Das, Hari Ambuli, Nanigopal Das and Sanjib alias Sanjay Sil were charged under Section 376(G) of the Indian Penal Code by the learned Additional Session Judge, Second Court, Nadia. Hari Ambuli was charged in addition under Section 379 of the Indian Penal Code. Similarly Sanjib alias Sanjay Sil was charged, in addition thereto, under Section 323 of the Indian Penal Code. All the accused persons have been convicted by an order dated 29th May 1998 under Section 376(G) of the Indian Penal Code. Sanjib alias Sanjay Sil was also convicted under Section 323. By an order dated 30th May 1998 all the convicts were sentenced to suffer rigorous imprisonment for a period of 10 years. The convict Sanjib alias Sanjay Sil was sentenced in addition to pay fine of Rs. 1,000/-for the offence under Section 323 of the Indian Penal Code and in default to undergo simple imprisonment for furth...
A.K. Goenka Vs. Magma Leasing Limited
Court: Kolkata
Decided on: Jul-18-2007
Reported in: 2007(4)CHN113
Tapan Mukherjee, J.1. This application under Section 401/482 of the Code of Criminal Procedure registered as C.R.R. No. 3623 of 2006 at the instance of the accused is directed for quashing the proceeding being case No. C 4482 of 1999 pending in the 12th Court of ld. Metropolitan Magistrate, Calcutta under Section 138/141 of the Negotiable Instruments Act against the petitioner/ accused.2. The respondent/complainant filed complaint case before the ld. Chief Metropolitan Magistrate, Calcutta alleging that in discharge of existing liability-arising out of a lease agreement between the complainant and the accused company dated 1.2.96, the accused-company Ms. Premier Vinyl Flooring Limited issued two cheques bearing numbers 790939 dated 1.6.99 and 790940 dated 1.9.99 on Canara Bank S.D Area New Delhi each for Rs. 4,35,000/- in favour of the complainant company. The said cheques were presented for clearance by the complainant company through Oriental Bank of Commerce, Park Street Branch, Cal...
Boc India Ltd. Vs. Instant Sales Pvt. Ltd.
Court: Kolkata
Decided on: Jul-17-2007
Reported in: AIR2007Cal275,2007(4)CHN392
ORDERJyotirmay Bhattacharya, J.1. This application under Article 227 of the Constitution of India is directed against an order being No. 29 dated 22nd January, 2007 passed by the learned Civil Judge, Senior Division, 6th Court at Alipore, in Money Suit No 44 of 2004 at the instance of the defendant/petitioner.2. The plaintiff/opposite party filed a suit for realisation of money by claiming certain rights on the basis of an agreement entered into between the parties on 4th January, 2002. Admittedly, the said agreement contains an arbitration clause.3. Knowing fully well about the said arbitration clause, the defendant/petitioner filed his written statement in the said suit and thereby submitted itself to the jurisdiction of the Civil Court by waiving its right to get the dispute settled through arbitration. After commencement of recording of evidence in the suit, the defendant/petitioner filed an application under Section 89 of the Civil Procedure Code for referring the dispute to arbit...
Indian Steel and Wire Products Limited Vs. Kothari Metals Ltd.
Court: Kolkata
Decided on: Jul-17-2007
Reported in: 2008(1)CHN65
Pinaki Chandra Ghose, J.1. This appeal is directed against an order passed by the Hon'ble First Court on 26th April, 2007 whereby the Hon'ble First Court held as follows:The petitioners have relied on unimpeachable documents in support of their individual claims. The company has indicated that it is in no position to question them. The claims are free from doubt, yet the honourable stand taken by the company is deserving of a further contest on merits, except in the case of the petitioner in C.P. No. 197 of 2005. The petitions in the eight other cases are admitted for the principal sums claimed in the respective statutory notices together with interest at the rate of eight per cent per annum from the respective dates of the statutory notice.If the company secures each of the eight claims, inclusive of interest, by furnishing cash security to the satisfaction of the Registrar, Original side, of this Court within a period of eight weeks from date, such eight petitions will remain permane...
Pasang Yolmo Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Jul-17-2007
Reported in: 2008(1)CHN499
Sadhan Kumar Gupta, J.1. This revisional application has been preferred under Section 482 of the Cr. PC praying for quashing of the proceeding being Special Case No. 146 of 2006, as pending before the Judge, Special Court (CBI), Calcutta.2. Case of the petitioner is that he is a W.B.C.S. Officer and at present posted as Sub-Divisional Controller in the West Bengal Food and Supplies Department. He joined the post of Sub-Divisional Controller, Food and Supplies Department, Darjeelingon 1.2.1982. One Mr. N. Dasgupta, Inspector of Police, CBI, Siliguri started a criminal case on the basis of source information under Section 409/477A of the IPC and Section 13(2) read with Section 13(1)(c) of the Prevention of Corruption Act against the petitioner and one Prithwish Chandra Pal. It has been alleged in the complainant that said Prithwish Chandra Pal while functioning as Inspector-in-Charge, FCI Godown, Darjeeling during the year 1990-91 dishonesty issued certain quantity of wheat, sugar, rice ...
In Re: Deepika Housing Projects Pvt. Ltd. and Etc.
Court: Kolkata
Decided on: Jul-16-2007
Reported in: AIR2007Cal280,2008(1)CHN419,[2008]146CompCas24(Cal)
ORDERSanjib Banerjee, J.1. The company resists the creditor's petition for having it wound up on the twin grounds of lack of bona fides on the petitioner's part and the claim being barred by the laws of limitation.2. The company accepts having received the payment from the petitioner though the parties are at variance as to the purpose of payment, a matter more of form than of substance. The petitioner claims that it gave a loan of Rs. 9,99,887.96 to the company in six tranches beginning March, 1994 and April, 1996, the entire sum being repayable on demand with interest at the rate of 18 per cent, per annum. Though the petitioner is unable to produce any document evidencing such agreement, it cites the company having unfailingly acknowledged the liability to the petitioner in its successive balance sheets and relies on the last of such balance sheets for the year ended March 31, 2002 which was signed on the company's behalf on July 6, 2002. The petitioner is unable to establish the exa...
Oriental Carbon and Chemicals Limited and anr. Vs. Banking Ombudsman a ...
Court: Kolkata
Decided on: Jul-16-2007
Reported in: AIR2007Cal276,2007(4)CHN59
Bhaskar Bhattacharya, J.1 This mandamus-appeal is at the instance of the unsuccessful writ-petitioners and is directed against order dated September 23, 2004 passed by a learned single Judge by which his Lordship disposed of a writ-application by holding that the Banking Ombusdsman exceeded its jurisdiction in making observation on the merit of the claim of the writ-petitioners when it rejected the complaint on the ground of want of jurisdiction.2. The appellants before us filed a writ-application against the respondents by which they claimed the following relief:a) A Writ of or on the nature of Mandamus do issue commanding the respondent No. 1 to forthwith review and/or rescind and/or withdraw and/or cancel the order dated April 25, 2003 and/or in any event, the observations contained therein relating to the merits of the claim of the petitioner No. 1 against the respondent No. 2;b) A Writ of or in the nature of Mandamus do issue commanding the respondent that the Reserve Bank of Indi...
State of West Bengal Vs. Raj Salt Private Limited and ors.
Court: Kolkata
Decided on: Jul-16-2007
Reported in: (2007)3CALLT447(HC)
Bhaskar Bhattacharya, J.1. This mandamus-appeal is at the instance of the State of West Bengal and others and is directed against order dated September 14, 2006 passed by a learned single Judge by which His Lordship passed an interim order directing that the earlier interim order dated August 31, 2006 passed by His Lordship should continue till the disposal of the writ-application.2. By the earlier interim order dated August 31, 2006, His Lordship, on the very first date of moving the writ-application, passed an interim order to the effect that the existing arrangement regarding yearly allotment in favour of the writ-petitioner for bringing common salt in its plant as contained in the programme for the year 2005-06 should continue until further order.3. The private respondent before us filed a writ-application being W.P. No. 1190 of 2006 thereby praying for the following relief:(a) A Writ of and/or in the nature of Certiorari do issue calling upon the respondents and each of them to fo...
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