Kolkata Court March 2008 Judgments
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State of West Bengal and ors. Vs. Prabir Chatterjee
Court: Kolkata
Decided on: Mar-13-2008
Reported in: AIR2008Cal217,2008(2)CHN892
Jyotirmay Bhattacharya, J.1. This mandamus appeal is directed against two orders dated 21st September, 2006 and 22nd February, 2007 both passed by a learned single Judge of this Court in W.P. No. 1416 of 2006 at the instance of the appellants who were respondent Nos. 1 to 4 in the writ petition.2. Let me now consider as to how far the learned trial Judge was justified in passing the impugned orders in the facts of the instant case.3. For proper appreciation of the dispute between the parties leading to filing of this appeal, short background of this case is given below:(i) On 17th May, 2002 the petitioner applied for grant of permanent stage carriage (bus) permit Under Section 69 read with Section 70 of the Motor Vehicles Act, 1988 in respect of the route from Howrah Station to Barrackpore.(ii) Since the petitioner's prayer for grant of such permit was not considered by the concerned authority in view of the notification dated 20th May, 2003 and the order passed by the Division Bench o...
Zonal Manager, Bank of India and anr. Vs. Md. Mamtaj HossaIn and ors.
Court: Kolkata
Decided on: Mar-12-2008
Reported in: (2008)IIILLJ490Cal
Tapan Sen, J.1. These two Appeals arise out of a common Order dated October 9, 2002 passed by a learned single Judge of this Court in two writ petitions being (1) W.P. No. 7586 (W)/1999 Md. Momtaj Hossain v. Bank of India and Ors. Durgapur and (2) W.P. No.7659 (W)/1999 Om Prakash Balmiky v. Chairman, Bank of India, Mumbai and Ors. whereby and whereunder both the writ petitions were 1 disposed of with a direction upon the Bank of India to consider, in accordance with law and in terms of the available schemes for regularization of casual workers, the case pertaining to the regularization of the two writ petitioners with a further direction that so long as they were not so considered, they would continue under the 'present working arrangement.2. The learned single Judge also directed the respondent Bank to release all arrears of salary from February 1999 till date as early as possible and preferably within a period of two-weeks from the date of communication of the Order.3. Being aggrieve...
Swapan Kumar Saha Vs. Jayanta Kumar Bose and ors.
Court: Kolkata
Decided on: Mar-12-2008
Reported in: 2008(4)CHN68
Sanjib Banerjee, J.1. The plaintiff in this suit for specific performance of an agreement for sale of an immovable property insists on an order of injunction restraining the defendants from dealing with the property on the ground that the protection accorded to him under Section 52 of the Transfer of Property Act is not adequate. The defendants assert that the plaintiffs conduct should discourage the Court from affording any more protection than what the plaintiff has by virtue of the doctrine of lis pendens.2. An impassioned plea of the defendants for rejection of the plaint or dismissal of the suit did not earlier find favour with the Court. The defendants implore that the continuation of the suit cannot be the only basis for making an order of injunction as sought and for the plaintiff to have earned the order that he seeks, he should have done the extra bit for balancing the comparative convenience.3. The facts are not much in dispute. On August 2, 1988 the plaintiff entered into a...
Jatan Das and 3 ors. Vs. State of West Bengal
Court: Kolkata
Decided on: Mar-11-2008
Reported in: (2008)2CALLT58(HC),2008(4)CHN781
Kishore Kumar Prasad, J.1. The petitioners/accused namely Jatan Das, Smt. Sibu Das, Lalmohan Das and Narayan Das have filed this application for review and/or modification and/or rectification of the order dated 18.1.2008 passed by this Court in C.R.M. No. 489 of 2008 rejecting their prayer for bail in connection with sessions Trial Case No. 4(3) of 2007 arising out of Kakdwip Police Station Case No. 93 dated 4.7.2005 under Sections 376/387/507/511/120B of the Indian Penal Code while considering the bail application of the aforesaid four petitioners along with two others namely Laxmikanta Das and Smt Karunamayee Das, released on bail pursuant to order dated 18.1.2008 passed in CRM No. 489 of 2008.2. The main submission of the learned Counsel appearing on behalf of the petitioners is that there is mistake of both fact and law by this Court rejecting the bail prayer of the aforesaid four petitioners' because of incorrect submission of the learned P.P. appearing for the State coupled with...
Satish Kumar Jhunjhunwala Vs. the State of West Bengal
Court: Kolkata
Decided on: Mar-11-2008
Reported in: (2008)3CALLT484(HC),(2009)IILLJ403Cal
Partha Sakha Datta, J.1. All the revisional applications are being disposed of by a common Judgment and order because the parties are the same and common question' of law and fact has arisen.2. Employees Provident Fund Organisation lodged a good number of FIRs before the Police station concerned against the petitioners alleging offence of criminal breach of trust punishable under Sections 406/409 IPC in respect of diverse sum of money by not depositing the Employee's and Employer's Provident Fund Contribution with the appropriate authority and by misappropriating the same. All the prosecution were launched by, the Provident Fund Inspector who were appointed as such under Section 13 of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952. It is not necessary to advert to the details of the FIRs and amounts allegedly misappropriated in respect of each of the prosecution cases.3. Only one question of law has been raised in this revisional application. This is whether the d...
RobIn Paul Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-11-2008
Reported in: [2010]153CompCas419(Cal)
Partha Sakha Datta, J.1. All the revisional applications are being disposed of by a common judgment and order because the parties are the same and common question of law and fact has arisen.2. The Employees' Provident Fund Organisation lodged a good number of FIRs before the police station concerned against the petitioners alleging offence of criminal breach of trust punishable under Section 406/409 of the Indian Penal Code, 1860, in respect of diverse sums of money by not depositing the employees' and employer's provident fund contribution with the appropriate authority and by misappropriating the same. All the prosecution were launched by the Provident Fund Inspector who were appointed as such under Section 13 of the Employees' Provident Fund and Miscellaneous Provisions Act, 1952. It is not necessary to advert to the details of the FIRs and amount allegedly misappropriated in respect of each of the prosecution cases.3. Only one question of law has been raised in this revisional appl...
Vivek Bajoria and anr. Vs. the State and anr.
Court: Kolkata
Decided on: Mar-10-2008
Reported in: 2008(3)CHN809,2008CriLJ2793
Ashim Kumar Roy, J.1. In the instant criminal revisional application the petitioner challenged an order passed by the Learned Metropolitan Magistrate, 16th Court, Calcutta in connection with a proceeding under Section 138 of the Negotiable Instruments Act directing issuance of warrant of arrest against the present petitioners, enjoying exemption under Section 205 of Code of Criminal Procedure on his failure to appear in Court on the date fixed for his examination under Section 251 of the Code of Criminal Procedure.2. Heard, the Learned Counsels appearing on behalf of the parties. Perused the impugned order and other materials on record.3. It appears from the record of the proceedings relating to the case C3940 of 2007 under Section 138 of the Negotiable Instruments Act, now pending before the Learned Metropolitan Magistrate, 16th Court, Calcutta, the Learned Court by its order dated May 30, 2007 and thereafter by another order dated July 31, 2007 allowed the petitioners application und...
Rashid Alam Alias Gabbar Vs. State of West Bengal
Court: Kolkata
Decided on: Mar-10-2008
Reported in: 2008CriLJ2861
Girish Chandra Gupta, J.1. This appeal arises out of an order dated 29th January, 2003 passed by Mr. P.S. Banerjee, Sessions Judge, 3rd Bench, City Sessions Court, Calcutta, in Sessions Trial No. 1 (May)/02 arising out Sessions Case No. 31/2002 convicting the appellant under Section 307 read with Section 34 and Section 332 read with Section 34 of the Indian Penal Code.2. On 25th July, 1996 at about 8 a. m. in the morning P.W. 1 S. Sakclur Rahman, S. 1 of Park Street Police Station accompanied by three constables, set out from the Park Street Police Station for working out an information concerning two notorious criminals namely Rashid Alam @ Ciahbar and Junior. P.W. 1 recorded a diary, marked Exhibit 3 which reads as follows:Leaving P.S. along with Constables C. Singh No. K-65, Ekhlaque Ahmed Khan K-30, Rajnath Murmu K-40 for working out an information at Royd Street in connection with notorious anti-socials Gabbar and Junior.3. At 9.55 a.m. the police party comprising of P.W. 1 Rahman...
Baishali Banerjee Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-10-2008
Reported in: (2008)2CALLT590(HC)
Ashim Kumar Banerjee, J.1. The appellant was a post graduate degree holder in Physical Education. She was selected for the post of Physical Education through the regular recruitment process conducted by the School Service Commission. At that stage her post graduate result was yet to be published. She was recommended to Sinthi Ramkrishna Sangha Vidyamandir (Girls) as a Physical Education teacher as a pass graduate. After declaration of her result she applied for higher pay scale which was denied by the State. She approached the learned single Judge. Learned single Judge by judgment and order dated April 10. 2006 dismissed the writ application after observing that in view of the provisions of Sections 14, 16 and 20 of the West Bengal Schools (Control of Expenditure) Act 2005 she was not entitled to higher scale. Hence this appeal.2. Identical question was gone into by Indira Banerjee, J. in the case of Bhaskar Chakrabotry v. State of West Bengal and Ors. W.P. 2326(w) of 2002, His Lordshi...
Sachchinanda Singh Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Mar-10-2008
Reported in: 2008(3)CHN484
Ashim Kumar Roy, J.1. The petitioner invoking inherent jurisdiction of this Hon'ble Court prays for quashing of the FIR relating to Belghoria Police Station Case No. 31 dated February 9, 2007, under Section 354/506/323/34 of the Indian Penal Code.2. Mr. Dipak Kumar Sengupta, the learned Senior Advocate appearing in support of this application submitted before this Court that the impugned FIR is liable to be quashed on the following grounds:(a) Prior to the lodging of the impugned First Information Report several criminal cases were instituted against the opposite party No. 2 herein, defacto-complainant at the instance of the present petitioner who happened to be the Managing Director of M/s. Calcutta Ceramic Private Limited viz. (i) C-438/06 under Section 408 of the Indian Penal Code now pending before the learned Judicial Magistrate, First Court, Barrackpore for misappropriating huge amount of money and valuable documents of the company, (ii) Case No. C-8851/06 under Section 420 of th...
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