Kolkata Court November 2008 Judgments

Rukbanur Rahman Vs. Cbi and ors.

Court: Kolkata

Reported in: 2008(4)CHN743

1. Playing the role of a Santa Claus, Shri Madhusudan Datta, learned Vacation Judge of the City Sessions Court, Calcutta in Criminal Misc. Case No. 504 of 2008 showered all the bounties which were available within the ambit of Section 439 Cr. PC.2. Necessarily reversing the order passed by Smt. Madhumita Roy, the learned Metropolitan Magistrate, Fourteenth Court, Calcutta in G.R. Case No. 2632 of 2008 whereby she took each of the opposite party Nos. 2, 3 and 4 into Custody by her order dated 30.09.2008, when the said opposite parties submitted themselves before her on 30.09.2008.3. Elder sibling of Rizwanur Rahman, whose unnatural death haunts the sceptre, Shri Rukbanur Rahman has come up before this Court invoking its jurisdiction under Sub-section (2) of Section 439 Cr. PC since he felt that the Order passed by the learned Vacation Judge was not a just decision and the same was passed upon non-consideration of the material facts and was not legally sustainable.4. At the Bar, Shri Kal...

Cesc Limited Vs. West Bengal Pollution Control Board and ors.

Court: Kolkata

Reported in: (2009)1CALLT191(HC)

Sanjib Banerjee, J.1. The appellant is aggrieved by the dismissal of its writ petition by which it had challenged two notices issued by the first respondent requiring the appellant to show-cause as to why criminal proceedings should not be launched against the officers of the appellant under the provisions of The Water (Prevention and Control of Pollution) Cess Act, 1977 (the said Act).2. The appellant says that it would be evident from the affidavit used by the first respondent in the trial court that the notices of November 5, 1986 and November 11, 1986 were issued with ulterior motive as the first respondent had unhesitatingly acknowledged that the notices were issued to realise payment from the appellant. The appellant contends that the notices are without basis and inasmuch as subsequent to the issuance of the notices the first respondent's principal demand on account of cess had been paid, the notices had lost all force and should have been quashed as infructuous by the learned S...

Md. Elahi Vs. State of West Bengal

Court: Kolkata

Reported in: 2009CriLJ1335

ORDERAshim Kumar Roy, J.1. In this criminal revision, the petitioner invoking inherent jurisdiction of this Court, challenged his prosecution under Section 14 of the Foreigners Act, in connection with the G. R. Case No. 44/08 now pending before the Learned Metropolitan Magistrate, 14th Court, Kolkata arising out of Burrabazar Police Station Case No. 8 dated January 9, 2008 and prayed for quashing of the said proceedings.2. Mr. Amitava Ghosh, the learned advocate, appearing in support of this application vehemently urged before this Court that the petitioner has been falsely implicated in the aforesaid case by the police. He further urged that the impugned proceeding under Section 14 of the Foreigners Act, having been initiated against the petitioner without determination of the question of his citizenship in accordance with Section 9(2) of the Citizenship Act read with Rule 30 of Citizenship Rules by the Central Government, the competent authority is patently illegal and not tenable. I...

Smt. Ankhi Mitra Vs. State of West Bengal and ors.

Court: Kolkata

Indira Banerjee, J.1. In this writ application, the petitioner has challenged the selection of the respondent No. 7 for appointment to the post of Assistant Teacher of Geography, Bolpur Girls High School, Bolpur District Birbhum, hereinafter referred to as the school. In 1997 a vacancy in the post of Assistant Teacher of Geography arose at the school. By a Memo No. 1411/G dated 30th April, 1997. The District Inspector of Schools accorded prior approval to the school to fill up the said vacant post. Thereafter candidates were requisitioned from the Employment Exchange.2. On 30th June, 1997, the Employment Exchange concerned sponsored names of 19 candidates including the names of the petitioner and the respondent No. 7. The date of birth of the Respondent No. 7 was recorded as 4th August, 1961. The respondent No. 7 had thus crossed 35 years of age.3. Both the petitioner and the respondent No. 7 were called for interview along with others on 18th August, 1997 and a panel of selected candi...

Lgw Ltd. and anr. Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: AIR2009Cal16

Pranab Kumar Chattopadhyay, J.1. This appeal has been preferred at the instance of the writ petitioner assailing the judgment and order dated 24th September, 2007 passed by a learned single Judge of this Hon'ble Court whereby and whereunder the said learned Judge dismissed the writ petition on merits.2. The appellants herein specifically stated in the writ petition that the Government of West Bengal issued an advertisement in the newspapers inviting application with regard to distribution of plots of land in Salt Lake City for the purpose of construction of godowns in respect of cement, steel etc. It has also been mentioned in the said writ petition that pursuant to the aforesaid advertisement appellants herein applied for a plot of land for the purpose of construction of its own composite centre. It was further submitted on behalf of the appellants that the Deputy Secretary to the Government of West Bengal by the letter under Memo No. 2360-UD/O/M/SL(AL/NR)-6L-11/97 dated June 3, 1997 ...

B.L.B. Limited Vs. the Calcutta Stock Exchange Association Ltd.

Court: Kolkata

Reported in: (2008)4CALLT504(HC)

Jayanta Kumar Biswas, J.1. The Court: The defendant in the suit has taken out this application Arbitration and Conciliation Act, 1996 dated March 12, 2008 under Section 8 of the seeking an order referring the parties to arbitration on the ground that the dispute involved in the suit is covered by an arbitration agreement whereby both the parties are bound.2. The plaintiff has filed opposition taking the ground that the application is not maintainable, since it was not accompanied by the original arbitration agreement or a duly certified copy thereof. It has taken a few more grounds questioning the maintainability of the application. It is also contending that the subject matter of the suit cannot be said to be a dispute covered by the arbitration clause referred to and relied on by the defendant.3. In support of his contention that an application under Section 8 not accompanied by the original arbitration agreement or a duly certified copy thereof is quite maintainable, if the applicat...

Jagdev Prasad Bajaj and ors. Vs. Tirrihannah Co. Ltd. (No. 2)

Court: Kolkata

Reported in: [2009]148CompCas167(Cal)

Patherya, J.1. This is an application filed under Sections 433 and 434 of the Companies Act, 1956.Petitioner's case:2. The case of the petitioner is that for price of goods sold and delivered to the company between April, 2005, to March 31, 2006, bills were raised. The same were received by the company without any objection. Part payments were made and after giving credit for such payments there remains a sum of Rs. 2,56,849 payable by the company to the petitioning creditor. The said amount is reflected in the ledger account of the company and a statutory notice under Section 433 of the Companies Act was sent to the company on August 13, 2007. The same though received has not been replied to by the company and the amounts outstanding in the ledger account evidence the inability of the company to pay its debts. Therefore, the winding up petition be admitted for the said sum and the company be directed to pay interest thereon.3. Counsel for the company submits that the particulars of th...

Shivarpan Engineering Pvt. Ltd. Vs. Official Liquidator, High Court of ...

Court: Kolkata

Reported in: [2009]147CompCas199(Cal)

Patherya, J.1. This is an application filed by the applicant-purchaser for a direction upon the official liquidator to forthwith register and convey 4.680 acres in favour of the applicant.Case of the petitioner/purchaser:2. The case of the purchaser is that by order dated March 20, 1999, 4.680 acres of land belonging to the company (in liquidation) at Amdanga was sold to the applicant and although possession has been given no step has been taken by the official liquidator to execute conveyance in favour of the applicant. Accordingly, an application was filed in 2000 for a direction upon the official liquidator to execute conveyance in favour of the applicant. By order dated May 17, 2000, the respondent was directed to issue notice in the newspapers inviting persons interested in the said land to claim title therein failing which the official liquidator was directed to take all necessary steps to execute conveyance in favour of the applicant. Pursuant to such publication none appeared t...

Sri Rabindra Nath Bag Vs. Sri Partha Sarathi Bag and ors.

Court: Kolkata

Reported in: (2008)4CALLT498(HC)

Bhaskar Bhattacharya, J.1. This is an application under Article 227 of the Constitution of India and is directed against Order No. 66 dated 4th January, 2008 passed by the learned Civil Judge (Senior Division), First Court, Hooghly, in Title Suit No. 150 of 2003, thereby allowing an application under Section 195 of the Code of Criminal Procedure thereby lodging a complaint against the defendant and his son under Section 195(1)(a)(i) of the Code of Criminal Procedure before the Court of Additional Chief Judicial Magistrate at Chandernagore by treating the same as a written complaint by invoking poser under Section 340 of the Code of Criminal Procedure. This application has been assigned to this Bench by the Hon'ble Chief Justice on the basis of an order dated 16th June, 2008 passed by Jyotirmay Bhattacharya, J. When this application was moved before Jyotirmay Bhattacharya, J, His Lordship released the matter from His Lordship's list and directed the same to be placed before the Hon'ble ...

Bibhas Chandra Das Vs. Samir Chandra Das and ors.

Court: Kolkata

Reported in: 2009(1)CHN47

Bhaskar Bhattacharya, J.1. This first appeal is at the instance of a Caveator in a proceeding for grant of Probate and is directed against the judgment and decree dated 22nd September, 2000 passed by the Additional District Judge, Fourth Court, Alipore, District- 24-Parganas, in O.S. No. 5 of 1987 thereby granting probate of the Will in favour of the respondent No. 1.2. One Parul Bala Das, since deceased, and her son, the respondent No. 1 before us, filed an application before the learned District Judge at Alipore for grant of probate of the last Will and Testament alleged to have been executed by Jogesh Chandra Das, who died on 13th January, 1984 leaving his widow, four sons and three daughters. The widow and one of the sons were made the joint executors of the said Will.3. The prayer for grant of probate having been opposed, the same became contentious and gave rise to O.S. No. 6 of 1986.4. The suit was contested by the Caveator/appellant, the second son of the testator, thereby alle...