Kolkata Court September 2007 Judgments
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Harshad A. Shah and Vs. State and anr.
Court: Kolkata
Decided on: Sep-26-2007
Reported in: 2008(1)CHN173
Partha Sakha Datta, J.1. In C.R.R. 3120 of 2005 the two petitioners prayed for quashing of the proceeding being case No. C/115/05 under Section 420/120B/34 of the IPC now pending before the learned Metropolitan Magistrate, 11th Court, Calcutta on the ground as may be found in the subsequent paragraphs and together with this challenge has been made to the order dated 1.3.05 of the learned Magistrate directing issuance of process against the petitioners and order dated 22.6.05 directing issuance of warrant of arrest against the petitioners and also the order dated 19.08.05 directing issuance of proclamation against them.2. The complaint was lodged by the opposite party No. 2 against two petitioners and another who are partners of Sri Mahabir Minerals carrying on business of supply and export of mineral processors. In the month of October, 2004 the de facto complainant who is an exporter of Bentonite, a mineral in substance, badly needed to purchase 5000 tones of foundry, grade, bentonite...
Amrut Lal Patel Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-26-2007
Reported in: 2008(1)CHN871
Partha Sakha Datta, J.1. This revisional application dated 18.12.2006 at the instance of the accused in C.R. Case No. 133 of 2002 under Section 34 of the West Bengal Agricultural Produce Marketing (Regulation) Act, 1972 pending before the learned Judicial Magistrate, 2nd Court, Chandernagore has been taken out to challenge the proceeding on the ground that the complainant who was the Special Officer, Seoraphuli Regulated Market Committee had no authority to lodge complaint under the provision of the Act because the marketing committee has not been constituted under the provision of the Act, the committee has been superseded prior to the initiation of the proceeding that learned Magistrate was illegal in rejecting the petition of the complainant for dropping of the proceeding until the stage of Section 251 Cr.PC was reached and that there were two complaints lodged and the law is well-settled that the second complaint is bar.2. It is well-known that quashing of a complaint happens in ra...
Prabir Kumar Chatterjee Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-26-2007
Reported in: 2008CriLJ841
ORDERPartha Sakha Datta, J.1. This revisional application dated 20-8-2005 under Section 401 read with Section 482 of the Cr.P.C. has been filed by the accused-petitioner in G.R. Case No. 245/2005 under Section 420/406/120B/ 384/504/506/468 of the IPC pending before learned ACJM at Serampore in the district of Hooghly being aggrieved with the order dated 28-11-2005 passed by the said learned Magistrate directing the police for 'reinvestigation' of the case pursuant to a Naraji Petition filed by the O.P. No. 2 who was the de facto complainant of the case.2. The petition of complaint was filed against the accused by the O.P. No. 2 before the learned SDJM, Serampore alleging that the accused who is the husband of the sister of the complainant taking advantage of the complainant being in possession of huge amount of money consequent upon his receipt of retirement benefit to the tune of Rs. 3,50,000/- sometimes in 1994 induced the complainant to invest his money in business i.e. 'Zibcons'. B...
Mayank Kocher Vs. Company Law Board and ors.
Court: Kolkata
Decided on: Sep-26-2007
Reported in: 2008(1)CHN1089,[2008]143CompCas613(Cal),[2008]87SCL248(Cal)
Sanjib Banerjee, J.1. The appellant raises the principal legal question as to whether an application for investigation under Section 237 of the Companies Act, 1956, is an alternative to proceedings for oppression and mismanagement or rectification. Such question clearly arises on the reading of the order of dismissal of the appellant's petition under Section 237 of the Act by the Company Law Board.2. The appellant sought an investigation into the affairs and conduct of the business of a company which he claims was born out of funds of a partnership business carried on by the deceased patriarch of the two groups of parties fighting these and other proceedings. The appellant claimed that as an heir of a partner who held fifty per cent, share in the firm, he was entitled to be apprised of the conduct of the company's affairs and participate therein. He cited fraud being practised on him by the other group in the manner in which the company's affairs were being conducted. The appellant urg...
Manas Samanta Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-26-2007
Reported in: 2008(3)CHN496
Partha Sakha Datta, J.1. By this application under Section 397/401 of the Cr. PC read with section 482 thereby judgment and order dated 10.9.2004 passed by learned Additional Sessions Judge, 2nd Fast Track Court, Hooghly in S.C. No. 249 of 2002 corresponding to S.T. No. 10 of 2003 (old) and S.T. No. 20(A) of 2004 (New) acquitting thereby all the petitioners herein all the charges under Section 498A/304B/306 of the IPC is under challenge on the ground that there has been complete misappreciation of evidence and the learned Sessions Judge misdirected himself in not considering evidence of the witnesses in proper perspective.2. P.W. 1, Manas Samanta of Panchanantala Road under P.S. Uttarpara. Dist-Hooghly lodged a written complaint with the Officer-in-Charge, Uttarpara Police Station on 15.2.2002 at 14-45 hours alleging that his sister Rama Patra who was given in marriage with the petitioner No. 2, Sukumar Patra on 24.11.1999 and in whose marriage a cash of Rs. 30,000/-, 10 vories of Gold...
Ramesh Sha and anr. Vs. State
Court: Kolkata
Decided on: Sep-25-2007
Reported in: 2007(4)CHN809
Arunabha Basu, J.1. The petitioners Ramesh Sha and Biru Prosad have filed application under Section 438 of the Code of Criminal Procedure, seeking anticipatory bail in connection with Bhadreswar P.S. Case No. 196/2007 dated August 30, 2007 under Section 379/411/413/414/468/472/420/109/34 of the Indian Penal Code.2. It is the case of the petitioners that they are the driver and the khalasi of the vehicle, bearing No. WB 25/8959. They were arrested and forwarded before the Court of learned Additional Chief Judicial Magistrate at Chandannagore in connection with Bhadreswar P.S. General Diary Entry Nos. 1586 and 1597, both dated August 26, 2007, corresponding to NGR 1397/2007 and subsequently, released on bail on August 27, 2007.In the application, seeking anticipatory bail under Section 438 of the Code of Criminal Procedure, it is the specific contention of the petitioners that both the cases bearing NGR No. 1397/2007 and Bhadreswar P.S. Case No. 196/2007 dated August 30, 2007 were regist...
State of West Bengal and ors. Vs. Gautam Sur Etc.
Court: Kolkata
Decided on: Sep-21-2007
Reported in: AIR2008Cal1,2008(2)CHN18
Kalyan Jyoti Sengupta, J.1. I have had the benefit of going through a draft judgment of my learned Brother. While agreeing with His Lordship's findings and decision I want to add few words of my own which are as follows:In this case what should be the stamp duty payable on a conveyance for a transfer of unexpired period of leasehold interest is to be adjudged. Here, is a case of assignment and not by way of underlease. Under the provision of the amended provision of the Act, the market value of the property, as rightly submitted by Mr. Sakti Nath Mukherjee, learned Amicus Curiae in this case, should be the value of the right to enjoy unexpired period of leasehold interest, as opposed to absolute ownership of the property. It would be unfair to equate the proprietary interest of a property with a right to enjoy unexpired period of leasehold interest for imposition of the stamp duty. It should be adjudged on the market valuation of unexpired period of leasehold interest acquired by the a...
Sandip Bhattacharjee Vs. the State of West Bengal and anr.
Court: Kolkata
Decided on: Sep-21-2007
Reported in: (2008)1CALLT27(HC)
Sadhan Kumar Gupta, J.1. This revisional application has been preferred under Section 482 of the Cr. P.C. praying for quashing of G.R. Case No. 467 of 2006, as pending before the learned Chief Judicial Magistrate, Suri.2. Case of the petitioner is that he is working as a headmaster of Kubirpur High School at Hatzanbagar, Suri for the last seven years. One Sukhen Saha was an Assistant Teacher in the said school. On 31/10/2006 said Sukhen Saha committed suicide by consuming poisonous tablets in the school campus. Although, he was taken to the hospital but ultimately he died on the same night. Due to such incident, a written complaint was lodged by one, Saroma Saha, the opposite party No. 2, the wife of Sukhen Saha on 31/10/2006 stating therein that her husband was harassed by the petitioner. It was stated therein that the petitioner being the headmaster of the school threatened her husband in different ways by way of demanding money and also by threatening him to cause damage to his serv...
Khushiram Agarwal Vs. Employees' Provident Fund Organisation and Ors.
Court: Kolkata
Decided on: Sep-21-2007
Reported in: [2007(115)FLR1158],(2008)ILLJ841Cal
Jayanta Kumar Biswas, J.1. The petitioner took out this writ petition dated June 25, 1999 alleging that the third respondent (the Authorized Officer, Employees' Provident Fund Organization, Sub-Regional Office, Howrah-I) illegally arrested him on June 21, 1999, and that that respondent initiated several certificate cases for recovery of Rs. 3,43,127.51 on account of. provident fund dues, in violation of the principles of natural justice and without jurisdiction.2. By order dated June 28, 1999 the writ petition was admitted and an order was made that the petitioner should be released forthwith. He was directed to pay 25% of the total dues within a fortnight and the balance 75% in twelve monthly instalments. Counsel for the; petitioner submits that probably the amounts were paid in terms of order of the Court. In paras 18 and 19 of the writ petition the petitioner admitted that the amount for which the certificate cases were initiated was due and: payable on account of provident fund con...
In Re: Modus Analysis and Information P. Ltd.; in Re: Gfk Mode P. Ltd.
Court: Kolkata
Decided on: Sep-21-2007
Reported in: [2008]142CompCas410(Cal),(2008)2CompLJ238(Cal)
Sanjib Banerjee, J.1. The petitioners have applied for sanction of a scheme of amalgamation that has been approved by the shareholders of the concerned companies. The petitioners suggest that the transferor and the transferee companies are carrying on business of the same nature and it would be convenient for the businesses to be combined for smooth and efficient management and for proper utilisation of resources.2. The petition has been advertised as is the usual practice and as required by the Companies Act, 1956, the Central Government has been served. An affidavit has been filed by the Regional Director, Eastern Region, Ministry of Corporate Affairs on behalf of the Central Government. The material paragraph in the Regional Director's affidavit reads as follows:2. That it is submitted that on examination of the petition in detail and report of the Registrar of Companies, West Bengal, it appears that there is no complaint and representation received against the proposed scheme of am...
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