Kolkata Court April 2008 Judgments

Smt. Arati Ghose and ors. Vs. Satyanarayan Tripathi

Court: Kolkata

Reported in: (2008)2CALLT371(HC)

Sankar Prasad Mitra, J.1. This is an appeal preferred by the appellant/landlord against the order/judgment passed by the learned 3rd Bench of West Bengal Land Reforms and Tenancy Tribunal, Calcutta under the West Bengal Land Reforms and Tenancy Tribunal Act, 1997 in O.A. No. 2627 of 2006 whereby the said Tribunal was pleased to set aside the judgment passed by the learned Judge, 5th Bench of Presidency Small Causes Court in Ejectment suit No. 281 of 2004.2. The respondent-defendant herein is a tenant under the plaintiffs/appellants in respect of two rooms on the first floor in the outhouses at north-east corner at premises No. 12, Shakespaere Sarani, Kolkata 700071 at a monthly rental of Rs. 100/-. The appellants instituted a suit for eviction being Ejectment Suit No. 281 of 2004 against the respondent-defendant on the ground of nuisance, annnoyance and for the purpose of building and re-building in the suit premises. The learned Court below after hearing both the sides decreed the sui...

Rajendra Kumar Jajodia Vs. Puja Jajodia (Nee Roy)

Court: Kolkata

Reported in: AIR2008Cal199

ORDER1. The plaintiff seeks a divorce on the apparent admission in pleadings by the wife. The husband says that in view of the averments in the written statement and in the affidavit-in-opposition to the present petition, there is admission of the irretrievable breakdown in the marriage that is writ large for a decree that he longs for to be made well ahead of the trial.2. The husband has relied on paragraphs 2, 3 and 4 of the written statement and a sentence each from paragraphs 14 and 16 thereof for the immediate judgment that he desires:2. The parties were married to each other in 1991 and since then the petitioner is treating the respondent with extreme cruelty. The petitioner has also deserted the respondent and their child, Raveera. The petitioner has refused to accept the child as his own in view of the fact that she is an adoptive child. There has at such occurred irretrievable break down of marriage. Reconciliation between the parties has become impossible.3. The respondent in...

Tapan Kumar Dutta Vs. State of West Bengal and ors.

Court: Kolkata

S.P. Talukdar, J.1. By filing the instant application under Article 226 of the Constitution the petitioner, Tapan Kumar Dutta, sought for direction upon the respondent authorities for not giving effect to the relevant Memo dated 25.6.2006 issued by the Deputy Secretary to the Government of West Bengal, Judicial Department.2. Grievances of the writ petitioner may briefly be summed up as follows:The petitioner was appointed as Typist-Copyist in the Copying Department by Memo No. 410/XIV-2 dated 22.1.1975 issued by the District Judge, Midnapur. The appointment letter was issued by the Judge-in-Charge, learned 3rd Court of Munsif, at Tamluk. Such appointment was on temporary basis. It was confirmed by the District Judge, Midnapur on 15.9.1976. The petitioner used to draw remuneration as piece rated temporary typist after his appointment on 22.1.1975 during the period from 24.1.1975 to 20th September, 1976.3. Private respondent, being respondent No. 4 herein, was appointed on 11th April, 19...

Parameswar Lal Soni Vs. the State of West Bengal

Court: Kolkata

Partha Sakha Datta, J.1. In Sessions Case No. 47 of 2000 (Sessions Trial No. 2 of August 2000), the learned Sessions Judge of the 8th Bench of the City Sessions Court, at Calcutta by judgment and order dated 2709-2002 convicted the appellants, Sahid Ali and Jhangir Hossain under Section 395 of the Indian Penal Code, another accused Ramesh Singh @ Loton Singh and the appellant Parameswarlal Soni under Section 412 of the Indian Penal Code and sentenced Sahid Ali and Jahangir Hossain to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 5000/- in default to suffer rigorous imprisonment for one year each on account of the charge under Section 395 of I.P.C. and sentenced Parameswarlal Soni and Ramesh Singh @ Loton Singh to suffer rigorous imprisonment for seven years and to pay a fine of Rs. 5000/- in default to suffer R.I. for one year each on account of the charge under Section 412 of the I.P.C. It is this judgment and order of conviction and sentence passed against the...

Sandip Guha Vs. Saktipada Ghosh and anr.

Court: Kolkata

Reported in: 2008(3)CHN214

Partha Sakha Datta, J.1. CRR 1766 of 1998, CRR 1767 of 1998, CRR 2110 of 1998 and CRR 2111 of 1998 are being disposed of by this common judgment and order since parties are the same and one common question of law is involved in all these four proceedings. 2. In all the revisional applications the accused is the petitioner who in CR Case No. 774 of 1997 (CRR 1766 of 1998) issued a cheque in favour of the opposite party i.e. Doluibazar Agricultural Credit Society Ltd. being represented by its Secretary Saktipada Ghosh for Rs. 3 lac on 07-11-1997 towards discharge of debt. He further issued a cheque for Rs. 2,50,000/on 10-11-1997 in favour of the said opposite party towards repayment of loan in connection with it Burdwan (CR No. 773 of 1997) pending in the 3rd Court, Burdwan out of which the CRR 1767 of 1998 has arisen. Similarly in CR No. 775 of 1997 out of which the CRR No. 2110 of 1998 has arisen the petitioner issued a cheque in favour of the opposite party for Rs. 1 lac on 08-11-1997...

Phool Chand Vs. the State of West Bengal

Court: Kolkata

Reported in: (2008)2CALLT362(HC),2008(3)CHN679

Partha Sakha Datta, J.1. The learned Judge, 1st Special Court, Howrah by judgment and order dated 04-02-2003 passed in Special Case No. 6 of 2000 convicted the appellant under Section 7 and 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act 1988 and sentenced him to suffer rigorous imprisonment for six months with fine of Rs. 2000/- with default stipulation under Section 7 of the Act and sentenced to suffer rigorous imprisonment for one year with fine of Rs. 3,000/- with default stipulation under Section 13(1)(d) read with Section 13(2) of the said Act 1988 with the observation that both the sentences would run concurrently and the detention already undergone be set off under Section 428 of the Cr.PC.2. The defacto-complainant Mohammad Suleman was a forwarding agent and his business was to book perishable goods with the railways for consignment to different destinations. The appellant was a senior despatch clerk of Howrah Parcel Shed No. 3 who used to demand bribe of ...

Gopsai Avinandan Sangha and ors. Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: 2008(3)CHN578

Aniruddha Bose, J.1. The prayer of the petitioners in this writ petition is for a direction on Vidyasagar University and its officers to affiliate the college of the petitioners for conducting B.Ed, course. The writ petitioners before me are a society registered under the provisions of the West Bengal Societies Registration Act, 1961, the college itself, being Bengal College of Teacher Education, and the Principal of that college. The petitioner No. 1 being the society had applied for recognition of this college for conducting B.Ed, course with the National Council for Teacher Education (Council in short). On 24th May, 2007 an order was passed by the Council in terms of Section 14(3)(a) of the National Council Teacher Education Act, 1993 granting recognition to the said college. I shall refer to this statute henceforth as the '1993 Act'. The college is to run as a self-financed institute for which the State Government has already issued No-objection certificate. In this certificate whi...

Dr. Anima Ghosh Vs. the State of West Bengal and ors.

Court: Kolkata

Reported in: 2008(2)CHN1038

Ashim Kumar Roy, J.1. In the instant application under Section 407 read with Section 482 of the Code of Criminal Procedure, the petitioner who happened to be the wife of the deceased Dr. Jayanta Kumar Ghosh seeks transfer of Sessions Serial No. 75 of 2006, now pending before the Learned Additional Sessions Judge, Fast Track, 1st Court, at Kandi, Murshidabad, arising out of Burwan Police Station Case No. 29 of 2006, under Section 302/364/120B/34/201 of the Indian Penal Code and under Section 25/27/35 of the Arms Act.At the time of final hearing of this application inspite of repeated calls none appeared on behalf of the accused/opposite party No. 2 to 8. The affidavit of service filed in Court be kept with the records. However, Mr. Swapan Kumar Mullick, the learned advocate appearing on behalf of the State was duly present in Court.2. Mr. Joymalya Bagchi, the learned advocate appearing with Ms. Rupa Bandyopadhyay submitted before this Court that the petitioner reasonably apprehending th...

Sri Nimai Chandra Laha and ors. Vs. Sri Madhusudan Nath and ors.

Court: Kolkata

Jyotirmay Bhattacharya, J.1. This Second Appeal is directed against a judgment and decree dated 16th September, 1996 passed by the learned Assistant District Judge, 1st Court at Howrah in Title Appeal No. 248 of 1994 reversing the judgment and decree dated 17th November, 1994 passed by the learned Munsif, 5th Court at Howrah in Title Suit No. 208 of 1992 at the instance of the defendants/appellants. The plaintiffs/respondents filed a suit inter alia praying for declaration that the plaintiffs have every right including the right of easement and/or other indefeasible title over the 'C' schedule property and the defendants have no manner of any right title and interest over 'C' schedule property. A decree for permanent injunction was also sought for against the defendants for restraining them and their men, employees and agents from encroaching any part of the suit property or from disturbing the physical enjoyment of the plaintiffs over the 'C' schedule property and/or from blocking the...

Sujit Kumar Pati Vs. Smt. Atasi Singha Mahapatra

Court: Kolkata

Reported in: (2008)2CALLT375(HC)

Partha Sakha Datta, J.1. By this application dated 15-12-2004 prayer was made for quashing of the complaint case No. 15C of 2004 corresponding to No. 1333T of 2004 under Section 420 of the IPC pending before learned Judicial Magistrate, Khatra in the district of Bankura. Also is challenged dated 17-11-2004 passed by the said Judicial Magistrate in the case issuing warrant of arrest against the petitioner.2. The O.P. No. 1 lodged a complaint with the learned SDJM, Khatra on 15-04-2004 against the present petitioner alleging the following facts:The parties were distantly related to each other. Sometime in 1992 the opposite party got herself acquainted with the petitioner in the house of the aunt of the petitioner and also in the house of the sister of the opposite party. The petitioner expressed his desire to have intimacy with the complainant-opposite party who was not initially interested but after persistent persuasion she was agreed to the proposal of the petitioner and gradually a r...