Kolkata Court September 2007 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Joynal Mondal and ors. Vs. State of West Bengal
Court: Kolkata
Decided on: Sep-07-2007
Reported in: 2008CriLJ620
Girish Chandra Gupta, J.1. Joynal Mondal, Akkash Sk., Sadar Mondal and Tahajuddin Sk. were all charged under Section 302 read with Section 34 of the Indian Penal Code for intentionally and knowingly causing death of Abdul Latif Biswas on 16th February, 1984. By a judgment and order dated 9th May, 1996 in connection with Sessions Trial No. 1(5} 92 arising out of the Sessions Cases No. 28/89 they were convicted and found guilty. By an order dated 10th May, 1996 passed by the learned Addl. Sessions Judge, 2nd Court, Murshidabad they were sentenced to suffer imprisonment for life for commission of the aforesaid offence. The convicts came up in appeal. After the appeal was admitted by an order dated 2nd July, 1996 they were enlarged on bail. The appeal has now come up for final hearing.2. The prosecution case briefly stated is as follows:On 16th February, 1984 at about 4.30 p.m. the convicts chased the victim Abdul Latif, a resident of Kalidaspur. The victim took shelter in the verandah of ...
Radhe Shyam Pandey Vs. State and ors.
Court: Kolkata
Decided on: Sep-07-2007
Reported in: 2008CriLJ890
ORDERTapan Mukherjee, J.1. Both the revisions have been taken up together for hearing.2. Heard the learned Counsel for the petitioner and the opposite party in both the cases. State remains unrepresented.3. It has been contended by the learned Counsel for the petitioner in C.R.R. 1599 of 2004 that in view of the mandatory provision of Sub-section (6) of Section 116 of the Code of Criminal Procedure, the enquiry is to be completed within a period of six months unless for 'special reasons' to be recorded in writing, the proceeding is continued beyond the said statutory period of six months and obviously the enquiry started under Section 116 of the Code of Criminal Procedure was not completed within the period of six months. No special reasons were assigned for extension of the period and the proceeding on expiry of the period of six months is terminated and the order of executions of bond passed by the learned Executive Magistrate on 27-11-2003 is illegal and abuse of process of the Cour...
Doctor Murmu and anr. Vs. State of West Bengal
Court: Kolkata
Decided on: Sep-07-2007
Reported in: 2008CriLJ2677
Girish Chandra Gupta, J.1. The accused Doctor Murmu and Donai alias Dolui the appellants were charged along with Iswar Tudu, Basai Murmu and Sukumar Saha under Section 302 of the Indian Penal Code read with Section 34 thereof for causing death of Sonamani Kisku; under Section 201 read with Section 34 of the Indian Penal Code for causing evidence of the murder to disappear and under Section 376(G) for committing gang rape on the victim Sonamani Kisku prior to putting her to death. The accused Iswar. Basai and Sukukar were acquitted. The accused Doctor Murmu and Donai were convicted by an order dated 9th September, 2003 for offence punishable under Sections 376(G) and 302 of the Indian Penal Code. By an order dated 10th September 2003 both the convicts were sentenced to suffer life imprisonment and to pay fine of Rs. 5,000/- and in default, to undergo further rigorous imprisonment of six months. It is against these orders that the present appeal has been preferred.2. The prosecution case...
Ramnath Paswan and ors. Vs. Setaur Rahaman and ors.
Court: Kolkata
Decided on: Sep-07-2007
Reported in: 2008(1)CHN765
Bhaskar Bhattacharya, J.1. This mandamus appeal is at the instance of the private respondents in a writ application and is directed against the order dated August 3, 2007 passed by a learned Single Judge of this Court by which His Lordship allowed the writ application by setting aside the notice dated 26th February, 2007 issued by the prescribed authority for election in order to fill up post of Pradhan of the Harischandrapur-II Gram Panchayat who was earlier removed on requisition.2. The facts giving rise to filing of the writ application out of which the present mandamus appeal arises may be summed up this:(a) The writ petitioners, seven in number, are the members of a Gram Panchayat and they disputed the legality of the notice dated 26th February, 2007 issued by the prescribed authority and the Block Development Officer for convening a meeting of the concerned Gram Panchayat to be held on 6th March, 2007 for election of the Pradhan of the concerned Gram Panchayat. The only ground on...
Biswanath Sarkar and anr. Vs. State of West Bengal
Court: Kolkata
Decided on: Sep-07-2007
Reported in: 2008(1)CHN1052
Girish Chandra Gupta, J.1. This appeal has been preferred against the judgment dated 6.10. 2004 and order dated 7.10.2004 passed by the learned Additional Sessions Judge, Fast Track Court, Raiganj, Uttar Dinajpur in Sessions Trial No. 6/2004 arising out of Sessions Case No. 27/2003.2. Biswanath Sarkar, son of Dwijen Sarkar and Naresh Sarkar, son of Bhagirath Sarkar, both of village Hasua, were charged under Section 376(2)(g) of the IPC for committing gang rape on 9th February, 2000 at 1/1.30 a.m. in the night upon the wife of the accused Biswanath. Biswanath was also charged under Section 498A of the IPC for subjecting his wife Manju Sarkar to cruelty by inflicting both physical and mental torture. Both Biswanath and Naresh were convicted by a judgment and order dated 6th October, 2004 under Section 376(2)(g) of the IPC, Biswanath was also convicted under Section 498A of the IPC. By an order dated 7th October, 2004 both Biswanath and Naresh were sentenced to suffer rigorous imprisonmen...
Board of Trustees for the Port of Calcutta and ors. Vs. Poddar Industr ...
Court: Kolkata
Decided on: Sep-07-2007
Reported in: 2008(1)CHN1084
Bhaskar Bhattacharya, J.1. This mandamus appeal is at the instance of the Calcutta Port Trust and is directed against the order dated 27th April, 2004 passed by a learned Single Judge of this Court by which His Lordship disposed of a writ application filed by the respondent before us by holding that the writ petitioners were liable to pay demurrage at the applicable rate for the period between 6th August, 1990 and 14th August, 1990 and also for the period between 18th September, 1990 and 22nd September, 1990 in respect of the goods in question.2. Being dissatisfied, the Port Trust Authority has come up with the present mandamus appeal.3. The following facts are not in dispute:The goods in question were landed at the Calcutta Port on 22nd July, 1990. At that point of time, a strike was going on at the instance of the private employees of the clearing agents, and those employees of the clearing agents were not clearing the goods from the port-area. The strike continued up to 5th August, ...
Kiran Subbha and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Sep-07-2007
Reported in: 2008(2)CHN530
Kalyan Jyoti Sengupta, J.1. The above writ petition and the appeal being MAT No. 52/04 with FMA No. 1713/03 are heard together as the principal point of controversy involved in those matters are interlinked with each other.2. The writ petition being W.P. No. 2153 (W) of 2003 has been filed by one Kiran Subba and three others claiming for the following reliefs:(a) Writ/Writ in the nature of Mandamus be issued thereby declaring that the Nepali/Gorkha speaking people of hill areas of Darjeeling are linguistic minorities;(b) Writ/Writ in the nature of mandamus be issued thereby declaring that the Schools/institution in the hill areas of Darjeeling are established and administered by the linguistic minorities and as such the provisions of West Bengal School Service Commission Act, 1997; and the amendments there under are not applicable in the hill areas of Darjeeling;(c) Writ/Writ in the nature of mandamus be issued thereby restraining the 'concerned respondent authorities from imposing the...
Bangiya GramIn Bikash Bank Represented Through Its Chairman Vs. Amal K ...
Court: Kolkata
Decided on: Sep-07-2007
Reported in: 2008(2)CHN438
Arunabha Basu, J.1. The appeal is directed against the judgment and order passed by learned Single Judge of this Court whereby and whereunder the said learned Single Judge by judgment and order dated 18.1.2007 allowed the writ petition.2. In the aforesaid judgment and order under appeal, learned Single Judge passed the following direction:For these reasons, I allow this writ petition ordering that the petitioners and the added respondents shall be given promotion to MMG Scale-II with retrospective effect from the date their respective juniors were promoted to that scale. They, however, shall be given actual financial benefits from this day. Their pay in the scale shall be notionally fixed from the date of promotion. For all other benefits including continuity of service they shall be treated as promoted to the scale with effect from the date their respective juniors were promoted, and all consequential benefits for promotion to next grades shall be given to them in accordance with the ...
Union of India (Uoi) and ors. Vs. P. Simhachalam and anr.
Court: Kolkata
Decided on: Sep-07-2007
Reported in: 2008(2)CHN863
Subhro Kamal Mukherjee, J.1. This is an application under Article 226 of the Constitution of India (the writ petition in short) against judgment and order dated May 24, 2007 passed by the Central Administrative Tribunal in Original Application No. 45/AN/2006.2. The respondents in this writ petition are working as daily rated mazdoors in the Central Agricultural Research Institute from 1991.3. Government of India formulated a scheme for granting temporary status and for regularisation of the casual workers, who were employed and had rendered one year of continuous service. Such scheme was formulated on September 10, 1993. The Indian Council of Agricultural Research (ICAR), the parent body of the Central Agricultural Research Institute, adopted the said scheme in respect of the casual workers engaged by the institutions under ICAR.4. The said scheme is 'Casual Labourers (Grant of Temporary Status and Regularisation) Scheme of Government of India, 1993'. Under the said scheme temporary st...
Partha Biswas Vs. West Bengal Housing Board and ors.
Court: Kolkata
Decided on: Sep-06-2007
Reported in: III(2008)BC221,(2008)1CALLT226(HC)
Jayanta Kumar Biswas, J.1. The petitioner is seeking a mandamus directing the respondents to pay him Rs. 35,76,703/- with interest @ 12% per annum.2. In the opposition the respondents have taken a specific plea that with a pure and simple money claim instead of approaching the Civil Court the petitioner has approached the Writ Court by taking out this writ petition dated July 16th, 2007. Hence the question has arisen whether the writ petition is maintainable at all.3. By letters dated March 7th, 2005, April 1st, 2005 and May 20th, 2005 West Bengal Housing Board gave the proprietorship firm of the petitioner release order for the board's commercial 'Aaj Amar Griho Prabesh', and the firm was directed to submit bills for the spots and scrolls accompanied by telecast certificates after completion of the campaign. The petitioner submitted the bills, and after considering the bills the board paid him Rs. 10,53,584/- out of the billed amount of Rs. 42,57,980/-. When the petitioner demanded pa...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 6
- 8
- Next ›
- Last »