Kolkata Court December 2008 Judgments

Biswanath Bhattacharjee Vs. United Bank of India and ors.

Court: Kolkata

Tapan Mukherjee, J.1. This appeal at the instance of the petitioner is directed against the judgment and order passed by Learned Single Judge in W.P. No. 1391(W) of 2004 dismissing the writ petition filed by the appellant-petitioner challenging the order of his dismissal from service passed in connection with disciplinary proceedings started against him. The petitioner was Manager of Chandabila Branch of United Bank of India in the District of Paschim Midnapore during the period of 14.12.88 to 30.5.90. Then he was transferred to different Branches of the Bank. While the said petitioner was posted as officer Bhawnipur Branch the disciplinary proceedings was started against him on the following Articles of charge:During the tenure of your service as Manager of Bank's Chandabila Branch from 14.12.1988 to 30.5.1990 you have failed to take all possible steps to ensure and protect the interest of the Bank and discharge your duties with utmost integrity, honesty, devotion and diligence in tha...

Srinath @ Sribas Durlav and ors. Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: 2009CriLJ1193

Ashim Kumar Banerjee, J.1. In the village Dignagar, Durlavpara under Police Station Kotwali in the district of Nadia on the day of Dol Yatra in 1985, one Radharani Durlav was killed by a group of persons whereas his husband was injured along with his son Subas. The trouble cropped up as one person in the name of Naru had a love affair with his neighbour Arati. On this issue there had been altercations between two groups. Another villager Haju assaulted Arati. The accused chased Haju when Haju took shelter in the house of Shibani. The accused thought that Haju took shelter in the house of Tarapada and Radharani. They entered the house of Tarapada and Radharani. They dragged Radharani from her room and assaulted both of them. Radharani succumbed to injury and died at the Hospital on the next day. Tarapada, however, managed to save himself. He was treated in Saktinagar Hospital. In the process the accused also assaulted Subhas being the son of Tarapada and Radharani on their way back. The...

State of West Bengal Vs. Nikhil Chandra Mondal

Court: Kolkata

Reported in: 2009CriLJ2744

Girish Chandra Gupta, J.1. This Government Appeal is directed against a judgment and order dated 31st March, 1987, passed by the learned Additional Sessions Judge, 4th Court, Burdwan, acquitting the respondent, Nikhil Chandra Mondal, of the charge under Section 302 of the Indian Penal Code.2. Ms. Minoti Gomes, learned Counsel, appearing in support of the appeal, for the State, submitted that the judgment is perverse and the reasoning adopted by the learned trial Judge in recording the order of acquittal is based on incorrect appreciation of the evidence on the record and is clearly wrong. She took us through the evidence both oral and documentary and submitted that the judgment should be reversed and the respondent, Nikhil Chandra Mondal, should be adequately punished for the murder of his wife who at the relevant point of time was also pregnant.3. Mr. Ashis Chakraborty, learned Counsel, appearing for the respondent, disputed the submission of Ms. Gomes. He submitted that the Chowkidar...

Britannia Industries Ltd. and anr. Vs. the Estate Officer, Kolkata Por ...

Court: Kolkata

Jyotirmay Bhattacharya, J.1. The legality and/or validity of the show cause notice issued by the Estate Officer, Kolkata Port Trust, under Sub-section 1 of Section 4 of the Public Premises (Eviction of Unauthorized Occupants) Act, 1971 has been challenged by the petitioner in this writ petition. In fact, legality of very initiation of the said eviction proceeding has been challenged by the petitioner on the ground that the Estate Officer has not applied his judicious mind in forming his opinion that the petitioner is an unauthorized occupier of the public premises.2. Mr. Mitra, learned Senior Counsel, appearing for the petitioner, contended that since formation of such opinion is a condition precedent for initiation of such a proceeding by a quasi judicial authority, the very initiation of such proceeding can be nipped in the bud if judicious mind is not properly applied by the Estate Officer in the process of formation of such opinion.3. By relying upon a decision of Hon'ble Supreme C...

Sudha Rani Roy and ors. Vs. Gopal Krishna Daw and ors.

Court: Kolkata

Jyotirmay Bhattacharya, J.1. This Second Appeal is directed against the judgment and decree dated 17th September, 1985 passed by the learned Additional District Judge, 9th Court at Alipore in T.A. No. 398 of 1984, affirming the judgment and decree dated 29th March, 1984 passed by the learned Munsif, 1st Additional Court at Alipore in T.S. No. 52 of 1983, at the instance of the defendant/appellant.2. A suit for eviction was filed by the plaintiff/respondent herein for eviction of the defendant/appellant from the suit premises on the ground of default in payment of rent since November, 1972. A notice to quit dated 24th November, 1976 was served upon the defendant/appellant requesting him to vacate the suit premises on the expiry of the month of December, 1976 as he committed default in payment of rent since November, 1972. The said notice was duly served upon the defendant/appellant on 28th November, 1976, but since the defendant/appellant failed and/or refused to deliver vacant and peac...

State of West Bengal Vs. Sukesh Naskar Alias Pandar

Court: Kolkata

Reported in: 2009CriLJ2370

Girish Chandra Gupta, J.1. This Government Appeal is directed against a judgment and order of acquittal passed by the learned Assistant Sessions Judge, 9th Court at Alipore in Sessions Trial No. 1(12) of 1987 acquitting the accused Sukesh Naskar of the charges under Sections 376 and 457 of the Indian Penal Code.2. The facts and circumstances of the case briefly stated are as follows:On 2nd Aghrayan 1391 B.S., corresponding to 18th November, 1984 the prosecutrix, a mother of three children, after dinner had gone to bed in the covered verandah in front of her east facing room built of mud. The verandah was fenced by darma (made of bamboos). She bolted the door of the verandah from the inside as would appear from the original written complaint. It was then 7/7-30 p.m. She thereafter fell asleep. She woke up to see that she had been overpowered by someone who held a piece of cloth firmly to her mouth. Another held her arms. Out of these two persons she could recognize the accused Sukesh wh...

Brinchi Shet, Satya Kinkar Shet, Manik Shet, Ashoke Shet, Shyamal Shet ...

Court: Kolkata

Kishore Kumar Prasad, J.1. This appeal is directed against the judgement dated 26th September, 1986 passed by the Learned Additional Sessions Judge, 2nd Court, Murshidabad in sessions trial No. 1 of July 1986 arising out of session serial No. 213 of 1985 convicting the appellants namely Brinchi Shet, Satya Kinkar Shet, Manik Shet, Ashoke Shet and Shyamal Shet under Sections 148 and 304 read with Section 149 of IPC and an order passed on the same date by which the appellants were convicted and sentenced to suffer Rigorous Imprisonment for eight years as also to pay fine of Rs. 1,000/each, in default to suffer further Rigorous Imprisonment for a period six months each for the offence punishable under Section 304 read with 149 of I.P.C. They were also sentenced to suffer R.I. for two years for the offence punishable under Section 148 of I.P.C. The substantive sentence awarded to the appellants were ordered to run concurrently . The fine, if realised had been directed to be paid to the par...

Bimal Barman and ors. Vs. the State of West Bengal and ors.

Court: Kolkata

Pratap Kumar Ray, J.1. Challenging the judgment and order dated 12th June, 2007 passed by the learned trial Judge in the writ application registered as W.P. No. 21128 (W) of 2006, this appeal has been preferred by the writ petitioners. Learned trial Judge dismissed the writ application on the ground of lack of locus standi to move the writ application by the writ petitioners, which was on the grievance that the respondent No. 10 in the writ application though was not eligible to be recommended by Service Commission and thereby to be appointed in the post of Headmaster due to lack of minimum percentage of marks fixed for academic qualifications from Secondary level to Master Degree but was recommended by the School Service Commission and thereby was appointed for the post of Headmaster in the concerned school, wherein the writ petitioners wards are studying, by committing fraud and suppressing the material facts of his service status in the application seeking recommendation before the ...

Kananbala Das Vs. Union of India (Uoi) and ors.

Court: Kolkata

Dipankar Datta, J.1. An unfortunate mother who lost her son in a road accident on 6.12.05, has knocked the doors of the Writ Court craving for justice.2. Her son, the victim Surajit Das (since deceased) was covered under a Group Personal Accident Policy of National Insurance Company Limited (hereafter the insurance company) for the period 15.9.04 to 14.9.09. The certificate of insurance was issued by Golden Multi Services Club Limited (hereafter the Club), respondent No. 4 in pursuance of an internal arrangement between it and the insurance company and such certificate has not been disputed by the insurance company. It is further not in dispute that the victim during his life time was regular in payment of premium and the insurance cover was in for force at the time of his death.3. It appears from the counter affidavit filed by the Club that it is a service club formed with the object of providing health and insurance related assistance to its members, to provide emergency ambulance se...

Reserve Bank of India and ors. Vs. Shri Mihir Chakraborty and ors.

Court: Kolkata

Pratap Kumar Ray, J.1. Challenging the judgment and order dated 31st July, 2007 passed by learned trial Judge in W.P. No. 7486 (W) of 2007 this appeal has been preferred by Reserve Bank of India along with two officers of the Bank, namely, the General Manager and the Executive Director. Writ application was moved assailing the dissolution of the Board of Directors of a Cooperative Society who is dealing with the banking business being an insured Cooperative Bank within the meaning of Clause (i) of Section 2 of The Deposit Insurance and Credit Guarantee Corporation Act, 1961, hereinafter for brevity referred to as 'DICG Act', by the Registrar, Cooperative Society, West Bengal in terms of Section 30 Sub-section (2) of the West Bengal Cooperative Societies Act, 1983, hereinafter for brevity referred to as 'Cooperative Societies Act'. Relevant provision of Section 30 of the said Cooperative Societies Act reads such:Section 30. Dissolution of board and appointment of administrator.- (1) if,...