Kolkata Court May 2008 Judgments

State of West Bengal and ors. Vs. Firma Pithri Agro Products Pvt. Ltd. ...

Court: Kolkata

Reported in: 2008(3)CHN180

Pranab Kumar Chattopadhyay, J.1. Instant appeal has been preferred at the instance of the State of West Bengal and other senior officers of the Urban Development Department, Government of West Bengal challenging the final decisions of the learned Single Judge in the writ petition filed on behalf of the respondents herein.2. The appellants herein challenged the judgment and order passed by the learned Single Judge on various grounds mentioned in the Memorandum of Appeal although at the time of hearing of the appeal learned Counsel representing the appellants urged only one issue before this court that the learned Single Judge should not have held that the decision of the Principal Secretary, Urban Development Department as recorded in the note dated 18th November, 2006 for reviewing the earlier decision of the Government of West Bengal dated May 19, 2006 cannot be regarded as personal views of the said Principal Secretary and the same should be regarded as the decision of the Government...

Ranjit Singha Vs. the West Bengal State Electricity Distribution Compa ...

Court: Kolkata

S.P. Talukdar, J.1. In response to the submission made by learned Counsel for the parties and having regard to the fact that the controversies raised in the two applications substantially relate to the same subject matter, both the writ applications are taken up together for consideration and are governed by the same judgment and order. Grievance, as ventilated in W.P. No. 8629 (W) of 2007, may briefly be stated as follows:The petitioner is a resident of Village- Kanchia, Post Office- Radhanagar, Police Station- Ghatal, District- Midnapore (West). Some persons of the said village were trying to install submersible pump without any permission from the authorities concerned under the West Bengal Ground Water Resources (Management, Control and Regulation) Act, 2005. They were, thus, trying to frustrate the purpose of the West Bengal Ground Water Resources (Management, Control and Regulation) Act, 2005. Installation of unauthorized submersible pump is injurious to health of the residents o...

Salim Makkar Vs. the State of West Bengal and anr.

Court: Kolkata

Ashim Kumar Roy, J.1. The petitioner seeking quashing of the First Information Report relating to Tiljala Police Station Case No. 238/07 dated August 3, 2007 under Sections 406/430 of the Indian Penal Code corresponding to BGR Case No. 2820 of 2007, now pending before the Learned Additional Chief Judicial Magistrate, Alipore, South 24-Parganas, moved the instant criminal revision, invoking the inherent jurisdiction of this Hon'ble Court.2. The case of the complainant as it appears from the face of the allegations contained in the impugned First Information Report are as follows:The complainant who is an Electrical Engineer was approached by the accused persons and was proposed by him to start a business by forming a Private Limited Company where the ratio of investment would be 47.5% each by the complainant and the accused Salim Makkar and balance 5% by Mrs. Makkar. The accused allured the complainant by a wrongful representation that he would bring huge quantity of export order from t...

Partha Deb Roy Vs. the State of West Bengal

Court: Kolkata

Ashim Kumar Roy, J.1. This is an application for quashing of a First Information Report relating to New Market Police Station (J2/D.D.) Case No. 85/07 under Sections 420/467/468/471/120B of the Indian Penal Code.2. Heard Mr. Arup Chatterjee, the learned Counsel, appearing on behalf of the petitioner. Mr. Sandipan Ganguly, the learned advocate appearing on behalf of the defacto-complainant as well as Mr. Sanat Chowdhury, the learned Counsel appearing on behalf of the State. Perused the Case Diary.3. Mr. Arup Chatterjee, the learned Counsel, appearing on behalf of the petitioner submitted before this Court that the petitioner is absolutely innocent and no way involved in the commission of the offences as alleged or at all. He has no connection with the service provided by the accused No. 2 through his proprietorship concern Regional Resource Development Organization. He is only one of the Promoter-Director of the two companies promoted by his parents. The complainant have intentionally a...

Mafuja Bibi @ Mafurjan Bibi Vs. the State of West Bengal and anr.

Court: Kolkata

Ashim Kumar Roy, J.1. In the instant criminal revisional application the petitioner sought for quashing of the charge-sheet as well as the supplementary charge-sheet submitted in connection with G.R. Case No. 1026 of 2006 arising out of Baruipur Police Station Case No. 50/2004 under Sections 326/307/302/120B/34 of the Indian Penal Code now pending before the Learned Additional Chief Judicial Magistrate, Baruipur, South 24-Parganas.2. The Baruipur Police Station Case No. 50/04 under Sections 326/307/302/120B/34 of the Indian Penal Code which subsequently gave rise to G.R. Case No. 1026/2006 now pending before the Learned Additional Chief Judicial Magistrate, Baruipur, South 24-Parganas was started on the basis of the allegations which are as follows;On March 21, 2004 at about 22.40 hours while the daughter of the complainant Amina Bibi was engaged in cooking food, at that time the accused Abed Ali Gazi @ Ali and his son Maidul Gazi being armed with deadly weapons forcibly entered their ...

Md. Salim Akthar Vs. the State of West Bengal and anr.

Court: Kolkata

Reported in: (2008)3CALLT345(HC)

Girish Chandra Gupta, J.1. This appeal is directed against a Judgment dated 21st June 2005 by which the accused Md. Salim Akthar and Debashish Dutta were convicted under Section 21/29 of the NDPS Act and an order dated 22nd June 2005 by which the convicts were sentenced to suffer rigorous imprisonment for 10 years as also to pay a fine of Rs. 1,00,000/- each, in default to suffer further simple imprisonment for a period of 2 years for the offence punishable under Section 21 of the NDPS Act. No separate sentence under Section 29 of NDPS Act was awarded by the learned Trial Court. The convict Salim Akthar has come up in appeal.2. The facts and circumstances briefly stated are that on 19th July 1999 a batch of officers of the Narcotic Control Bureau including its the then Superintendent (P.W.7). who, it is claimed, was a gazetted officer, intercepted the accused persons at Central Restaurant at 213-A, B.B. Ganguly Street, Calcutta-12, at 16.00 hrs. Upon search being conducted 570 grams of...

Kazem Sk. Alias Kamruzzaman Alias Kazeman Vs. State of West Bengal

Court: Kolkata

Reported in: (2008)3CALLT393(HC),2008CriLJ4474

Girish Chandra Gupta, J.1. These three appeals are directed against a judgment dated 18th April 2002 passed by the learned sessions Judge, Suri, Birbhum, in sessions Trial No. 3/May 1992 arising out of Sessions Case No. 47 of 1984 convicting the appellants under Sections 148, 302, 436, 326 read with Section 149 of the Indian Penal Code and an order passed on the same day by which the accused Buddik Sheikh, Sadek Sheikh, Ruli Sheikh and Kabir Sheikh were convicted and sentenced to suffer further imprisonment for a year and the rest of the appellants were convicted and sentenced to suffer imprisonment for life as also to pay a fine of Rs. 5000/- in default to suffer imprisonment for one year for the offence punishable under Section 302 read with Section 149 of the IPC. The accused Maddin Seikh was convicted and sentenced to suffer 10 years imprisonment as also to pay a fine of Rs. 1000/-, in default to suffer further imprisonment for three months for the offences punishable under Section...

Dharma Raj Singh Vs. National Insurance Company Limited and anr.

Court: Kolkata

Reported in: 2009ACJ1240,(2008)3CALLT546(HC)

Bhaskar Bhattacharya, J.1. This appeal is at the instance of a claimant and is directed against an award dated 23rd August, 2004 passed by the 10th Court of Additional District Judge, Motor Accident Claims Tribunal, Alipore, in Motor Accident Claim Case No. 228 of 2000 thereby disposing of an application under Section 166 of the Motor Vehicles Act filed by the appellant by directing the Insurance Company to pay a total sum of Rs. 50,999/- as compensation for the injury suffered by the appellant arising out of an accident occurred on January 21, 2000.2. According to the appellant, on that day, while he was proceeding on his motorcycle with a pillion rider along with the Clyde Row near its crossing with the Commissariat Road, one truck bearing No. WMK-7339 hit the said motorcycle at its back, as a result, he had fallen down from the motorcycle and sustained multiple injuries in his left leg. The appellant alleged that at the time of accident, he was earningasumof Rs. 1l,713/- amonthandth...

Air Lift Vs. Kartick Chandra Chandra and ors.

Court: Kolkata

Jyotirmay Bhattacharya, J.1. One Lakshmi Narayan Chandra since deceased filed a suit for eviction against the petitioner herein on various grounds under the West Bengal Premises Tenancy Act. The said suit which was filed sometime in April, 1991 was registered as Ejectment Suit No. 211 of 1991. On transfer, the said suit was renumbered as Ejectment Suit No. 346 of 2002.2. Since before the institution of the said suit the defendant had been depositing the rent in the office of the rent Controller at Calcutta at the contractual rate of Rs.640 per month in the name of the said landlord. Even after institution of the instant suit, the defendant/petitioner herein continued to deposit the rent regularly in the name of the said landlord in the office of the Rent Controller, Calcutta though his prayer for deposit of the current rent in Court was allowed by the learned Trial Judge as per the provision under Section 17(1) of the West Bengal Premises Tenancy Act, 1956.3. The original plaintiff nam...

Oriental Bank of Commerce Vs. Santosh Kumar Agarwal

Court: Kolkata

Reported in: AIR2008Cal148,(2008)2CALLT509(HC),2008(3)CHN202

Pranab Kumar Chattopadhyay, J.1. This appeal has been preferred at the instance of the defendant-Oriental Bank of Commerce from the judgment and decree dated 18th January, 2001 passed in C.S. No. 216 of 1996.2. The claim of the plaintiff in the suit is based on several Fixed Deposits mentioned in the Schedule being Annexure 'A' to the plaint. All the aforesaid Fixed Deposits were admittedly made jointly by the plaintiff and the pro forma defendant at the Khidderpore branch of the Oriental Bank of Commerce, which is outside the Ordinary Original Civil Jurisdiction of this Hon'ble Court.3. The judgment and decree passed by the learned Single Judge was assailed by the defendant-appellant bank on various grounds mentioned in the Memorandum of Appeal. The learned Senior Counsel representing the appellant-bank concentrated the argument mainly on the ground of jurisdiction as according to the appellant, suit filed by the plaintiff is not at all maintainable in the Ordinary Original Civil Juri...