Kolkata Court April 2008 Judgments

Babli Majumder Vs. the State of West Bengal

Court: Kolkata

Reported in: (2008)2CALLT582(HC),2008(3)CHN119

Partha Sakha Datta, J.1. Whether the learned Sessions Judge of Jalpaiguri was justified in remitting the case back on remand for fresh decision is the subject matter of consideration in this revisional application.2. The Judicial Magistrate, 1st Court, Jalpaiguri convicted the O.P. No. 1 under Section 138 of the N.I. Act and sentenced him to suffer simple imprisonment for two months with fine of Rs. 5,000/- in default to suffer further simple imprisonment of one month. A sum of Rs. 3 lac was also awarded as compensation payable to the complainant against the O.P. No. 1 under Section 357 of the Cr PC.3. Before the learned Sessions Judge in Criminal Appeal No. 7 of 2005 who set aside the judgment and order of the learned Magistrate and remanded the case back two points had come up for consideration. The first point was whether quoting of wrong cheque number in the statutory notice under Section 138(b) of the N.I. Act yet maintaining the accurate figure of the amount of the said cheque an...

Debabrata Maiti Vs. the Mallabhum GramIn Bank and ors.

Court: Kolkata

Reported in: (2008)3CALLT85(HC)

Pratap Kumar Ray, J.1. Heard the learned Advocates appearing for the parties.2. This is an application seeking extension of time to complete the departmental proceeding which was allowed to be completed within two months by the order dated 27th February, 2007 when the appeal of the delinquent employee was disposed of without interfering with the departmental proceeding which was the subject matter of challenge. As the departmental proceeding was pending for a considerable period, the Court directed to complete the departmental proceeding within two months positively with a rider that such time limit could be extended if and only if there was any situation as would be beyond the control of the disciplinary authority to complete the proceeding within the time framed by the Court. The application for extension of time that is the present application has been filed before expiry of the said two months and more precisely on the last date as fixed by the Court to complete the proceeding, tho...

Renubala Dey and ors. Vs. State of W.B.

Court: Kolkata

Reported in: 2008CriLJ3753

Girish Chandra Gupta. J.1. This appeal is directed against a judgment and order dated 18th August. 2005 and 19th August, 2005 passed by Sri Biswanath Dey, learned Additional District and Sessions Judge, Fast Track Court, Jhargram, Paschim Midnapore, in Sessions Trial No. XXX/April/2005 convicting the appellant under Section 498A and 304B of the Indian Penal Code read with Section 34 thereof. The appellants were sentenced to suffer three years rigorous imprisonment as also to pay a fine of Rs. 15,000/- each for committing offence punishable under Section 498A, I.P.C. in default of payment of fine they were directed to undergo simple imprisonment for a period of one year each. They were further sentenced to suffer life imprisonment for the offence punishable under Section 304B of the Indian Penal Code as also to pay a fine of Rs. 10,000/- each. The amount of fine, if realised, was directed to be paid to the father of the deceased as and by way of compensation as also for the future needs...

Prabir Kumar Maji Vs. State of West Bengal and ors.

Court: Kolkata

Reported in: 2008(2)CHN900

Soumitra Pal, J.1. In these writ petitions prayers have been made to declare Rules 8(5)(a) and 8(5)(b) of the West Bengal Schools (Recruitment of Non-teaching Staff) Rules, 2005 ('Rules' for short) as ultra vires the Constitution of India on the ground that it offends Articles 14 and 16 of the Constitution of India as it restricts or limits the choice of selection of the candidates sponsored through the medium of Employment Exchange. Prayers are for a direction upon the respective school authorities to allow the petitioners to participate in the interviews to the post of Group-D along with all other candidates sponsored by the employment exchange since allegedly the school authorities have refused to allow them to participate in the selection process in view of Rules 8(5)(a) and 8(5)(b) of the rules.2. The Issue is whether the name of a candidate who has not been sponsored by the employment exchange can be permitted to appear in the interview. Submission on behalf of the petitioner is ...

Sadananda Mondal Vs. State of West Bengal

Court: Kolkata

Reported in: 2008(2)CHN1027

Girish Chandra Gupta, J.1. These two appeals arise out of a judgment dated 17th February, 2004, and an order dated 19th February, 2004 passed by the learned Additional Sessions Judge, Fast Track Court-1, Krishnagar, District - Nadia in Sessions Trial No. III of December, 2003 arising out of Sessions Case No. 2(10) 2003 convicting 8 (eight) appellants in all under Section 302 of the Indian Penal Code read with Section 34 thereof. By the order dated 19th February, 2004, all the appellants were sentenced to life imprisonment together with fine of Rs. 5,000/- each, in default to suffer further rigorous imprisonment for one year each.2. C.R.A. No. 155 of 2004 has been preferred by Sadananda Mondal. C.R.A. No. 166 of 2004 has been preferred by Mahitosh Mondal, Brojen Mondal, Manoj Mondal, Newton Mondal, Sukhen Mondal, Dilip Tarafdar and Biswanath Mondal. All these 7(seven) appellants were enlarged on bail by an order dated 6th April, 2004, passed by a Division Bench of this Court. The appell...

Bikram Dorjee Vs. State of West Bengal

Court: Kolkata

Reported in: 2008(3)CHN701

Girish Chandra Gupta, J.1. This appeal is directed against a judgement and order dated 24 March, 2004 passed by the learned Additional Sessions Judge, Fast Track Court, Alipurduar in Sessions Trial No. 26/03 arising out of Sessions Case No. 58/2003 convicting the appellant under Section 304(1) of the Indian Penal Code and sentencing him to suffer imprisonment for life and a fine of Rs. 5,000/-, in default, to suffer further imprisonment for one year.2. The prosecution version of the case briefly stated is as follows:On 14th June, 2002 at about 430 p.m. the victim Santosh accompanied by the de facto complainant Sankar Dorjee went to the ghoognee/chowmin shop in front of a video hall at Birpara Hut. All on a sudden the accused Bikram Dorjee appeared at the spot and stabbed the victim Santosh in his belly by a sharp knife. Other parts of the body were also stabbed. The de facto complainant out of fear ran away from the place of occurrence and informed the matter to the parents of the vict...

United Bank of India Vs. Smt. Anjali Mukherjee and anr.

Court: Kolkata

Reported in: [2008(118)FLR435]

Surinder Singh Nijjar, C.J. and Indira Banerjee, J.1. The application for leave to appeal is granted.Re: An appln. for condonation of delay (CAN 2011/07).2. We have heard the learned Counsel for the appellants. Considering the averments made in the application we are satisfied that sufficient reasons have been given by the applicant for condoning the delay of 74 days in preferring the appeal. The delay is accordingly condoned. The application for condonation of delay is allowed.Re: An appln. for leave to Stay (CAN 2012/2007)3. Heard Counsel for the parties. By order dated 27th March, 2006 the learned Single Judge allowed two writ petitions with the following directions:The petitioners' applications for compassionate appointment of the sons of the deceased employees must be considered by the Bank under the 1988 scheme. Such consideration must be made within a period of four weeks from the date of communication of this order.On a prayer made by the Counsel for the Bank the period of four...

Shri Chanchal Kumar Das and ors. Vs. the State of West Bengal and anr.

Court: Kolkata

Ashim Kumar Roy, J.1. Challenging the legality and validity of their prosecution under Section 406/420/120B of the Indian Penal Code in connection with the Case No. 290/C/03, now pending before the Learned Sub-Divisional Judicial Magistrate, Kalyani the petitioners moved the instant criminal revision invoking inherent jurisdiction of this Hon'ble Court for quashing of the said proceedings as well as the order of taking cognizance.2. The case of the complainant as its reflects from the allegations made in the petition of complaint are as follows;(a) In the year 1992 the complainant who is a resident of Delhi came down to West Bengal and decided to permanently settle here at Kalyani Town and also to start a business of Fabric Print. At that time as the complainant was vigorously searching for a plot of land at Kalyani Town through the witness Mohan Bapari was introduced with the accused persons as well as with Late Binapani Das, the mother of the accused persons and with Late Bimal Das, ...

Sri Gaur Karuna Dey and ors. Vs. Sri Nemai Dey and ors.

Court: Kolkata

Reported in: 2008(3)CHN590,2(2008)CLT537

Jyotirmay Bhattacharya, J.1. This Revisional application under Article 227 of the Constitution of India is directed against an order dated 28th February, 2007 passed by the learned Additional District Judge,1st Fast Track Court, Paschim Midnapur in Misc. Appeal No. 89 of 2006 reversing the order being No. 11 dated 27th July, 2006 passed by the learned Civil Judge, Senior Division, 3rd Court, Paschim Mindnapur in Title Suit No. 76 of 2005.2. The defendants in a suit for declaration and injunction filed by the plaintiffs/opposite parties, are the petitioners before this Court.3. Let me now consider as to how far the learned Appeal Court was justified in reversing the order passed by the learned Trial Judge on the plaintiffs' application for temporary injunction in the facts of the instant case.4. The plaintiffs/opposite parties filed the said suit inter alia praying for declaration that the plaintiffs have lawful title over the assets and properties of M/s. Bankim Cold Storage and for in...

ing Vysya Bank Ltd. and anr. Vs. the State of West Bengal and ors.

Court: Kolkata

Ashim Kumar Roy, J.1. Seeking quashing of the First Information Report relating to the Singur Police Station Case No. 178/07 dated September 8, 2007 under Section 403/409/411/414/120B of the Indian Penal Code, the petitioner invoking inherent jurisdiction of this Court moved the instant criminal revisional application.2. The foundation of the impugned FIR are as follows: (a) The complainant who happened to be the registered owner of the Truck bearing No. WB-15A-1788 purchased the said vehicle by obtaining a loan of Rs. 6.50 lakhs from the opposite party No. 1 ING Vysya Bank Ltd. under a Hire Purchase agreement. The terms of repayment of the loan was by 47 equal installments @ Rs. 16,457/- per installment. The complainant out of total loan amount paid back Rs. 2,61,500/- to the accused Banker and in addition to that spent Rs. 3 lakhs for making body and cabin of the driver and also paid the seed money of Rs. 56,200/- and further a sum of Rs. 10,000/- and Rs. 7,000/- to the accused banke...