Kolkata Court August 2008 Judgments
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Smt. Chhanda Chakraborty Vs. Ranjan Chakraborty
Court: Kolkata
Decided on: Aug-22-2008
Reported in: AIR2008Cal267,2008(4)CHN719
Bhaskar Bhattacharya, J.1. This appeal is at the instance of a wife in a suit for divorce on the ground of cruelty and is directed against the judgment and decree dated 26th August 2002, passed by the District Judge, Raiganj, District Uttar Dinajpur, in Matrimonial Suit No. 59 of 1999, thereby dismissing the said suit.2. The appellant before us filed a suit being Matrimonial Suit No. 59 of 1999 in the Court of District Judge, Uttar Dinajpur at Raiganj thereby praying for divorce under Section 13 of the Hindu Marriage Act and the case made out by the appellant may be summed up thus:(a) The parties are Hindus and married according to the Hindu rites, ceremony and customs on 23rd November, 1995. After the solemnization of their marriage, the parties lived together as husband and wife in the house of the husband in the District of Kishanganj (Bihar), and their marriage was consummated.(b) At the time of negotiation of the marriage, the respondent and his father and other relatives convince...
Nemai Dey Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-22-2008
Reported in: 2009CriLJ122
Ashim Kumar Banerjee, J.1. On August 5, 1986 Sikha Rani Dey, wife of Nemai Dey of Burgeria in the district of Midnapore (West) died of poisoning. The Police investigated the case. The Investigating Officer who held inquest of the dead body could not find any external injury on the body of the victim. Dr. Kingsuk Bose held the post-mortem who, however, in his postmortem report mentioned fracture of hyoid bone. According to him, the lungs were also congested, the stomach contained chocolate colour food, liver and kidney were congested. The viscera was sent for forensic examination and upon receipt of the forensic report the doctor opined that death was due to homicidal obstruction of respiratory passage like throttling or strangulation after methyl Parathoin poisoning. After receipt of the post-mortem report the Police suo motu initiated a case and arrested Mr. Nemai Dey, husband of the victim girl and charged him with the offence under Section 302 of the Indian Penal Code. Nimai pleaded...
Niraj Kumar Bohra Vs. Union of India (Uoi)
Court: Kolkata
Decided on: Aug-22-2008
Reported in: AIR2009Cal59
Ashim Kumar Banerjee, J.1. Being satisfied with the grounds mentioned in the application delay is condoned.2. The review applicant entered into an agreement with the respondent railways for performing the job as mentioned in the work order. Such agreement provided that the General Conditions of Contract and Specification Standards 1999 would apply. The General Conditions contained an arbitration clause. Clause 63.3(a)(iii) stipulated as follows:63.3(a)(iii). It is a terms of this contract that no person other than a gazetted railway officer should act an Arbitrator/Umpire and if for any reason, that is not possible, the matter is not to be referred to the arbitration at all.3. As per the arbitration clause since the work value was more than rupees three lacs two Arbitrators were to be appointed, one to be nominated by the Contractor and other to be nominated by the Railways and the third Arbitrator being an umpire would be appointed by the two Arbitrators. It was also provided that all...
Md. Hasem Vs. State of West Bengal
Court: Kolkata
Decided on: Aug-22-2008
Reported in: 2009CriLJ660
Partha Sakha Datta, J.1. The appellant Md. Hasem assails the judgment and order dated 16th August, 1996 passed by the learned Additional Sessions Judge, 1st Court, Hooghly in Sessions Trial No. 119 of 1986 convicting him of the charge under Section 302 IPC and sentencing him to suffer R.I. for life.2. One Soukat Ali of village Padripara under P.S. Chandernagore lodged a written ejahar with the O.C. Chandernagore P.S. at 22-45 hrs. on 23-06-1983 against one Md. Basir and the present appellant Md. Hasem alleging therein that at about 06-45 p.m. on 23-06-1983 a quarrel took place between the residents of the locality and the sons of Sk. Mustafa regarding drawing of water from a municipal tap. As Sk. Mustafa, the father of the appellant was allegedly a leprosy patient the residents of the locality forbade him to take water. Md. Islam who was the Secretary of Water Distribution Committee returned home at 09-45 p.m. from his duty at Gandalpara Jute Mill. One Md. Halim then came to the house ...
Ram Ranjan Maji Vs. the State of West Bengal
Court: Kolkata
Decided on: Aug-22-2008
Reported in: 2009CriLJ602
Partha Sakha Datta, J.1. The appellant Ram Ranjan Maji has preferred this appeal being aggrieved against the judgment and order dated 15th February, 1989 passed by the learned Assistant Sessions Judge of Bankura convicting him under Section 498A/306, IPC and sentencing him to suffer R.I. for 10 years and to pay a fine of Rs. 1000/- in default to suffer further R.I. for 6 months under Section 306, IPC and to suffer R.I. for 3 months with a fine of Rs. 500/- in default to suffer R.I. for 1 month under Section 498A, IPC with the direction that both the sentences would run concurrently.2. Narendra Nath Mondal of village Kodma under Indas P.S. of the district of Bankura lodged a written complaint with the O.C. Indas P.S. at 14-15 hrs. on 31-12-1985 alleging that his second daughter Archana who was married to the appellant sometime in the month of Falgun, 1391 B.S. was subjected to physical and mental ill treatment and torture on demands of more dowry in the form of gold ornaments. On 5th of...
KashimuddIn Sk. Vs. State of West Bengal
Court: Kolkata
Decided on: Aug-21-2008
Reported in: 2008CriLJ4471
Ashim Kumar Banerjee, J.1. On March 16, 1986 one Salera Bibi was found dead in her matrimonial home. She was married to the accused Kashimuddin Sk. Kashimuddin used to demand money from her. At least on five occasions the victim brought money from her parental house. On the day before the incident she came to her mother and demanded a sum of Rs. 100/-, mother could not give her money. She went to her brother-in-law's house being Soukat Ali, P.W. 1 who also could not give her money as he was short of fund. The next day the brother of the accused Ilias informed the mother of the victim being P.W. 5 that her daughter Salera died as she was suffering from disease. P.W. 1 was the de facto complainant being the brother-in-law of the victim girl. P.W. 1, P.W. 5 and P.W. 7 found marks on the neck of the victim girl and they suspected that she was killed. All witnesses corroborated with each other. Their suspicion found support from the post-mortem examination conducted by the doctor being P.W....
West Bengal Government Employees (F and S) Co-operative Housing Societ ...
Court: Kolkata
Decided on: Aug-19-2008
Reported in: 2008(4)CHN908
Pinaki Chandra Ghose, J.1. This appeal is directed against an order dated 19th June, 2008 passed by the Hon'ble Interlocutory Judge, whereby His Lordship was pleased to dismiss the suit being E.O.S. No. 3 of 2006.2. The facts of the case briefly are as follows:On 13th March, 1968, an agreement for sale was registered in favour of the appellant/plaintiff by the owners of the land. The said land was vested into the State under the Estates Acquisition Act vide memo issued by the Additional District Magistrate (L.R), 24 Parganas with effect from 22nd September, 1971 and the State of West Bengal granted a long term lease of 30 years in favour of the appellant/plaintiff. A writ petition was filed challenging the said vesting order. On 24th September, 1992, the Hon'ble Writ Court was pleased to set aside the said vesting order and allowed the writ petition filed by the owners.3. On 24th July, 1995, the appellant/plaintiff herein filed a suit being T.S. No. 127 of 1995 in the Court of the Lear...
Shiv Kumar Poddar Vs. Commissioner of Income Tax and anr.
Court: Kolkata
Decided on: Aug-19-2008
Reported in: 2008(4)CHN926
Arunabha Basu, J.1. Heard Id. Advocate for the petitioner and the Id. Advocate for the State. Supplementary affidavit filed in Court today. Same be kept with the record.2. The revisional application under Section 482 of the Code of Criminal Procedure is directed to quash the proceeding in connection with Complaint Case No. 2382 of 1989 under Section 276DD read with Section 278B of the Income-Tax Act, 1961 (hereinafter called the Act).3. Mr. Amit Bhattacharyya, Id. Advocate appearing on behalf of the petitioner, submitted that the offence under Section 278DD which deals with failure to comply with the provisions of Section 269SS has since been omitted by the Direct Taxes Laws (Amendment) Act, 1987 with effect from 1st April, 1989. It is the contention of the Id. Advocate for the petitioner that the petition of complaint was presented before the Court of the Id. Chief Judicial Magistrate by the complainant on 14th December, 1989, i.e., after the omission of the said provision consequent ...
Asansol Durgapur Development Authority and anr. Vs. Tapas Banerjee and ...
Court: Kolkata
Decided on: Aug-19-2008
Reported in: (2009)1CALLT59(HC),2008(4)CHN297
Pinaki Chandra Ghosh, J.1. This appeal is directed against an order dated 14th February, 2006 passed by the Hon'sle First Court whereby His Lordship was pleased to allow the writ petition and came to the conclusion that the expression 'Transfer' used in the West Bengal Government Land (Regulation of Transfer) Act, 1993 (hereinafter referred to as the 'said Act') read with the Clause contained in the Deed of Lease is not intended to be used in the wider connotation so as to include a testamentary succession. His Lordship further held that a testamentary succession does not take effect immediately and is not an immediate transfer and the beneficiary under the Will does not get any right during the lifetime of the testator. Accordingly, His Lordship came to the conclusion that Section 10 would apply in case where a person intends to transfer the land for pecuniary or other compelling reasons. A bequeath is not made under compelling circumstances. Therefore, on the said facts His Lordship ...
Baidyanath Roy and ors. Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Aug-18-2008
Reported in: 2009CriLJ647
Ashim Kumar Banerjee, J.FACTS:1.1 Appellants cultivated paddy on a land belonging to Late A.B.A. Gani Khan Chowdhury. On Saturday being November 11, 1983 at about 10.30 A.M. the appellants were harvesting paddy from the said land when Kalipada Roy along with Chera Roy, Bhanu Roy, Paltu Roy, Biji Roy, Deben Roy and Karpul Chandra Roy proceeded towards the land in order to harvest the paddy. Baidhynath and others obstructed them armed with sticks, farsa, arrows and other weapons. As a result there had been a free fight between two groups. According to prosecution Kalipada Group being over powered by Baidyanath group left the place for fear of life without harvesting paddy. At about 5.30 P.M. on the same day when Deben was coming from the hut he was assaulted by Baidyanath and others. One Santu Roy saw the incident and immediately informed Kalipada and others who immediately reached the place of occurrence. Kalipada tried to save his son Deben. He was unsuccessful. Both Kalipada and Deben...
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