Kolkata Court May 2008 Judgments

Midnight Merchants Private Limited and ors. Vs. Julien Educational Tru ...

Court: Kolkata

Kalidas Mukherjee, J.1. This is an appeal assailing the order No. 46 dated 16.01.2008 passed by the learned Civil Judge (Senior Division), Fourth Court, Alipore in T.S. No. 10 of 2007, whereby the learned court below allowed the application for temporary injunction in a suit for specific performance of contract, upon hearing both sides, and restrained the added defendants No. 9 to 11, that is, the subsequent purchasers, from selling, encumbering and/or changing the nature and character of the suit property in any manner whatsoever till the disposal of the suit.2. Both the application for stay bearing CAN No. 1002 of 2008 and the appeal have been heard together by consent of the parties.3. The plaintiff, Julien Educational Trust, the respondent No. 1, instituted a suit before the learned court below, inter alia, for specific performance of agreement for sale valued at Rs. 4,15,00,000/- (Rupees four crore fifteen lakh) only against the owners, that is, the defendant Nos. 1 to 8/the respo...

Subrata Roy and ors. Vs. the State of West Bengal

Court: Kolkata

Reported in: (2008)2CALLT451(HC),2008(3)CHN286

Girish Chandra Gupta, J.1. These appeals are directed against a judgment dated 23rd June, 2005, passed by the Additional Sessions Judge, Fast Track Court-IV, Alipore, South 24-Parganas, in Sessions Trial No. 8(6)/04 arising out of Sessions Case No. 58 (11)/02 convicting the appellants under Section 302 of the Indian Penal Code read with Section 34 of the IPC and an order dated 24th June, 2005, by which the convicts Ranjit Mondal, Subrata Roy alias Ditu, Jalodhar Mondal alias Jalo and Bishu Barua were sentenced to imprisonment for life. All the four convicts together preferred an appeal which has been registered as C.R.A. 536 of 2005. The third appellant, Jalodhar Mondal, was granted bail by an order dated 14th December, 2005. On 11th September, 2006, a Division Bench of this Court decided to recall the order dated 14th December, 2005, and for that purpose directed the matter to be listed on 13th September, 2006. When the matter was listed on 13th, September, 2006, it was submitted on b...

Ganesh Ghosh Vs. the State of West Bengal

Court: Kolkata

Reported in: (2008)2CALLT447(HC)

Girish Chandra Gupta, J.1. This appeal directed against a judgement dated 15th December, 1999 passed by the learned Additional Sessions Judge, Nadia, 2nd Court, Krishnagar in Sessions Trial No. 1 (November) of 1999 arising out of Sessions Case No. 5(10) of 1999 convicting the appellant under Section 364 of Indian Penal Code and an order dated 16th December, 1999 by which the convict was sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs. 5,000/-, in default to suffer further simple imprisonment for a period of one year.2. The facts and circumstances of the case briefly stated are that on 2nd March, 1999 at about 9.00 A.M. in the morning the appellant Ganesh Ghosh took away Ombar alias Ombar Ali on the pretext of an urgent piece of business. Omar thereafter did not come back. His beheaded deadbody was recovered on 4th March, 1999 from the field of Gira Burman where the inquest was held. The inquest report goes to show that the beheaded deadbody was lying at ...

Jayasri Guha Nee Ghosh Vs. Smt. Shukla Ghosh and anr.

Court: Kolkata

Reported in: AIR2008Cal179

1. This appeal has been filed against the order of the learned single Judge dated 25th April, 2008, disposing of three applications. Application being G.A. No. 396 of 2006, filed by respondent No. 1/defendant No. 1 seeking vacation of the interim order of injunction dated 7th May, 2006 has been allowed. Consequently the principal application being G.A. No. 1425 of 2006 filed by the plaintiff seeking interim relief and the subsequent application being G.A. No. 3701 of 2006 which was to the same effect, but contained some additional grounds have been dismissed. As a result, respondent No. 1/defendant No. 1 has been permitted to deal with the property known as 'Rasbehari property' in its entirety and to deal with her undivided share in the Dharamtala and Deogarh properties.2. In the suit, the plaintiff states that the parties to the suit are descended from and/or related to Ishan Chandra Ghosh. Ishan had two sons, Anukul and Pratul. Anukul had two sons, Hem Chandra and Narayan. Hem Chandr...

Jmd Medicate Ltd. Vs. Siemens Aktiengasellschaft

Court: Kolkata

Reported in: [2009]147CompCas703(Cal),[2008]88SCL51(Cal)

Pinaki Chandra Ghose, J.1. This appeal is directed against an order dated 10-1-2007 whereby the Hon'ble Company Judge was pleased to direct that the JMD Medicare Limited is to be wound up in accordance with the provisions of the Companies Act, 1956.2. It is to be noted that such order was passed after the appearance before the Hon'ble Court and after the advertisement was published in terms of an earlier order dated 7-7-2005 admitting the winding up petition filed by the petitioning creditor. The Hon'ble Court at that point of time came to the conclusion that the Company was unable to pay its debts and the claim of the petitioning creditor was indisputable. The Hon'ble Court was also pleased to grant liberty to the Company to pay the said sum or the sum equivalent in Indian currency to the petitioning creditor in 48 equal monthly instalments commencing from 1-8-2005. An appeal was preferred from the said order dated 7-7-2005 which was dismissed as not pressed by the Company.3. The pres...

Additional Director General, Directorate of Revenue Intelligence Vs. N ...

Court: Kolkata

Reported in: 2008(4)CHN765

Partha Sakha Datta, J.1. By this application dated 27.7.2005 under Section 401/482, prayer has been made by the Additional Director General, Directorate of Revenue Intelligence of the Government of India for setting aside the order dated 29.6.2005 passed by the learned Chief Metropolitan Magistrate, Calcutta in Customs Case No. D.R.I-60-Kol/2004 under Section 135/132 of the Customs Act. The O.Ps. herein are four accused persons of the case.2. Certain facts of the case in brief will not be out of place. An intelligence was received by the Directorate of Revenue Intelligence that some Kolkata based export oriented units including Kuil Trading (P) Limited and Hazel Traders Private Limited were indulging in fake exports to Bangladesh through Ghojadanga Land Customs Station. They were inporting duty free goods and fraudulently diverted the same in the local market and instead of utilising the imported duty free goods in the manufacture of export goods they were making false and fabricated d...

Debasish Ghosal and ors. Vs. Siemens Aktiengasellschaft

Court: Kolkata

Reported in: [2009]147CompCas708(Cal)

Pinaki Chandra Ghose, J.1. This application has been filed by the applicant, inter alia, praying for an order to add the applicants as parties in this appeal and further for permanent stay of winding up order passed by the court on January 10, 2007 (Siemens Aktiengasellschaft v. JMD Medicare Ltd. ).2. The applicants-petitioners are the employees of the appellant company. At present, according to the applicants, there are 55 employees of the appellant company. It is the case of the applicants that the winding up petition was admitted by an order dated July 7, 2005 and the appellant company was granted liberty to pay off the dues of the respondent in 48 equal monthly instalments. From the said order an appeal was filed. The said appeal was dismissed.3. None of the present applicants took steps in the matter at that point of time. After the advertisement was published and the matter appeared before the hon'ble company court for hearing, on January 10, 2007, then also, the applicants did n...

Arup Mondal Vs. the State of W.B.

Court: Kolkata

Girish Chandra Gupta, J.1. Both these appeals are directed against a judgment dated 24th June 1997 passed by the Sessions Judge, Nadia, in Sessions Trial No. III of January 1997 arising out of Sessions Case No. 7 of November 1996 convicting the appellants under Section 120B read with Section 302 of the IPC and an order dated 30th June 1997 by which the appellants were sentenced to suffer imprisonment for life as also to pay a fine of Rs. 2000/- each, in default to suffer rigorous imprisonment for further two years for the offence punishable under Section 120B read with Section 302 of IPC.2. One Susmita Roy, aged about 20 years, daughter of Nityananda Roy (P.W.2) and Smt. Snigdha Roy (P.W.1), a student of Shri Chaityna College, Habra, was murdered in the night of 29/30th June 1996. The appellants were charged under Section 120B read with Section 302 of IPC. The appellants except Ruidas along with others namely Arjun Saha, Ashim Saha, Ajit Biswas, Dipak Saha, Ajay Saha and Pridip Sil wer...

Abdul Kader Sk. @ Chittu Vs. State of West Bengal

Court: Kolkata

Reported in: 2008(4)CHN380

Girish Chandra Gupta, J.1. This appeal is directed against a judgment dated 29th June, 2002, passed by the learned Additional District and Sessions Judge, First Track Court-II, Alipore, South 24-Parganas, in Sessions Trial No. 16(3) 2002 arising out of Sessions Case No. 52 (9) 2000 convicting the appellant under Sections 302 and 201 of the Indian Penal Code, and an order dated 1st July, 2002 by which the convict was sentenced to rigorous imprisonment for life as also to pay a fine of Rs. 5,000/-, in default to suffer further rigorous imprisonment for one year for the offence punishable under Section 302 of the IPC. He was further sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs. 2,500/-, in default to suffer further rigorous imprisonment for six months for the offence punishable under Section 201 of the Indian Penal Code. Both the sentences were directed to run concurrently.2. The facts and circumstances of the case briefly stated are as follows:On 29th...

Babu Roy and ors. Vs. State of W.B.

Court: Kolkata

Girish Chandra Gupta, J.1. These appeals are directed against a judgment dated 16th June 2003 and an order dated 17th June 2003 passed by the learned Additional Sessions Judge, 5th Court, Midnapur, in Sessions Trial No. XLI of March 2000 convicting the appellants under Sections 148, 302 IPC read with Sections 149 and 114 thereof and under Sections 25 and 27 of the Arms Act as more fully described hereafter.2. The facts and circumstances of the case briefly stated are as follows:Narayan Choubey was an M.L.A. for a continuous period of 15 years, elected from Kharagpur Constituency, in the Legislative Assembly of the State of West Bengal. He was a member of the Parliament, elected from Midnapur Constituency, for 10 years. He had two sons namely Manas Choubey and Gautam Choubey. His only daughter is Kakali Behera, wife of Dr. Sanatan Behera. Shrimati Hema Choubey is the daughter-in-law of the said Narayan Choubey. Six several criminal cases mostly for rioting were pending against Manas. On...