Kolkata Court March 2009 Judgments

Anand Kumar Arya and anr. Vs. Commissioner of Income-tax

Court: Kolkata

Reported in: [2009]314ITR324(Cal)

Soumitra Pal, J.1. This writ application was filed by Anand Kumar Arya and Sudarshan Kumar Arya, stated to be working as partners of M/s. Economic Transport Organization (in short 'ETO') a registered partnership firm, challenging an order dated January 19, 2007, passed under Section 127 of the Income-tax Act, 1961 (in short, 'the Act'), by the Commissioner of Income-tax, Kolkata, XIII, Kolkata, respondent No. 1.2. The writ petition was moved on May 3, 2007, when an interim order was passed restraining the respondents from transferring the file. Subsequently, directions were issued for filing of affidavits. Affidavits have since been exchanged and are on record. It may be noted that during the pendency of the writ petition, on June 27, 2007, the interim order lapsed.3. Mr. Sen, learned advocate appearing on behalf of the petitioner, reiterating the statements in the writ petition has submitted that the transfer has been sought to be effected without issuing any notice and without giving...

Smt. Anamika Mondal Vs. United India Insurance Company Ltd. and anr.

Court: Kolkata

Bhaskar Bhattacharya, J.1. This appeal is at the instance of a claimant in a proceeding under Section 166 of the Motor Vehicles Act and is directed against an award dated 7th June, 2006 passed by the Motor Accident Claims Tribunal, District- 24-Parganas (South) and Fast Track Court-III, Alipore, in M.A.C. Case No. 171 of 2006 thereby disposing of the proceeding by awarding a sum of Rs. 3,50,000/- as compensation for the injury caused to the appellant. The Insurance Company was directed to pay the said amount within two months with the stipulation that in default of such payment within the said period, the amount would carry simple interest at the rate of 6% per annum from the date of filing of the application (7th January, 2003) till realisation in full. 2. Being dissatisfied, the claimant has come up with the present appeal. 3. There is no dispute as regards the involvement of the offending vehicle in the accident resulting in the injury to the claimant and the fact that due to fault ...

Mujibar Rahaman Vs. State of West Bengal and ors.

Court: Kolkata

Partha Sakha Datta, J.1. This application under Section 482 of the Cr.P.C. is directed against the judgment and order dated 27th of April, 2007 passed in Sessions Case No. 84 of 2006 corresponding to Sessions Trial No. 53 of 2006 arising out of Kaliagunj P.S. Case No. 107 of 2002 dated 9th of September, 2002 by the learned Sessions Judge of Uttar Dinajpur at Kaliagunj whereby the learned Judge acquitted the five opposite parties of the charge under Section 341/326/307/302/34 of the IPC.2. Mujibar Rahaman, the present petitioner lodged a written ejahar with the O.C., Kaliagunj P.S. at 6-05 hrs. on 9th September, 2002 alleging that on the previous day , i.e. on 8th of September, 2002 at about 7-00 or 7-30 p.m. Rafiuddin Sarkar was returning home from hut when the accused persons attacked him and opened fire from his back. Rafiuddin fell down. Some persons came at the spot when the accused persons fled away. Injured was removed to Kaliagunj Hospital via Kaliagunj Police Station and then t...

Panchanan Das and ors. Vs. State of West Bengal

Court: Kolkata

Partha Sakha Datta, J.1. 15 appellants who were convicted by the learned Additional Sessions Judge, 6th Court at Midnapore on 18th June, 1987 in connection with Sessions Trial No. 3(10) of 1985 and 2(5) of 1986 under Section 304/323 read with Section 149 IPC and under Section 148 of the IPC and sentenced to suffer R.I. for 5 years and to pay a fine of Rs. 500/- with default stipulation under Section 304 read with Section 149 IPC, to suffer R.I. for one year each under Section 323 read with Section 149 IPC, and to suffer R.I. for two years under Section 148 IPC have preferred this appeal. P.W. 1, Lakshman Chandra Samanta of village Begunberia under P.S. Sutahata lodged an ejahar against 16 accused persons including the present 15 appellants on 4th June, 1982 at 23-45 hrs. alleging the following incident:2. At about 9-00 p.m. on 4th June, 1982 the accused persons being armed with ballam, bows and arrows, sword, bombs etc. attacked the house of Satyeswar Bera to loot his movables. At that...

Aftab Alam Khan @ Guddu (In Jail) Vs. State of West Bengal

Court: Kolkata

Partha Sakha Datta, J.1. The appellant preferred this appeal being aggrieved with the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, 8th Court, Alipore on 30th August, 2006 in S.T. No. 3(4) of 2003 whereby conviction was recorded under Section 392/397, and sentence for R.I. of seven years was awarded on account of the charge under Section 397, and R.I. for one year and half for the offence under Section 392/34 IPC with payment of fine of Rs. 2,000/- in default to suffer S.I. for two months with the rider that both the sentences would run concurrently subject to set off under Section 428 of the IPC. P.W. 3, Harendra Nath Mishra and P.W. 4, Sanjit Kumar Thakur were proceeding by a scooter of P.W. 3 at about 9-55 a.m. on 19th September, 2002 along Taratala Road. At about 10-15 hrs. when they came at a place in between M/s. Stone India and Britania a taxi bearing No. WB-19A/7716 overtook their scooter and cornered them, thus compelling them t...

Indian Institute of Technology and ors. Vs. Shri Preyankar Biswas and ...

Court: Kolkata

ORDERPartha Sakha Datta, J.1. The petitioner, a student of Indian Institute of Technology at Kharagpur was arrested in connection with Kharagpur (Town) P.S. Case No. 201 of 2008 dated 18-10-2008 under Section 21(b) of the NDPS Act 1985. The learned Additional Sessions Judge, 4th Court at Paschim Medinipur granted bail in favour of the petitioner on 27th of October, 2008. There was a condition attached to the bail which is as follows:He must not have to involve or taking Heroine or any liquor etc. and Registrar, IIT, Kharagpur shall keep watch about this accused so that he shall have to mend in future and if any bad report is received from the Registrar, IIT regarding his daily performance and further involvement of taking any illicit liquor or Heroine or etc., his bail shall stand cancelled.' The authority in the IIT, Kharagpur passed an office order being No. IIT/Acad(UG)/G-26/2008, dated 21st October, 2008 which is as follows:The undersigned is directed to convey that on the recommen...

Khokan Das Vs. State and anr.

Court: Kolkata

Partha Sakha Datta, J.:1. Five accused persons, namely Biswajit Das, Khokan Das, Nepal Das, Smt. Maya Das and one Anil Kumar Das faced trial before the learned Additional Sessions Judge, Fast Track Court No. 1 at Barasat in S.T. No. 1(8) of 2005 corresponding to Sessions Case No. 12(7) of 2005 on certain allegations of facts which are as follows:2. One Sujit Das, the principal accused who had remain absconded and could not be brought to trial with the aforesaid accused persons was a private tuitor to a minor girl. On 11th November, 2003 when the girl was on her way to school the accused Sujit Das had allegedly kidnapped the girl by enticement with the assistance of the other accused persons who faced the trial. The brother of the girl lodged a written complaint with Gopal Nagar Police Station on 15th January, 2003 and a case was registered against all the accused persons. Neither the girl, nor the principal accused Sujit could be traced out. Police submitted charge sheet against Sujit ...

Pranay Jana Vs. State of West Bengal and ors.

Court: Kolkata

Partha Sakha Datta, J.1. By this application prayer is made for quashing of a proceeding being Tamluk P.S. Case No. 86 of 2006 dated 06-05-2006 under Section 417/420/376 IPC corresponding to G.R. Case No. 302 of 2006 now pending before learned CJM, Purba Medinipur at Tamluk.2. The opposite party No. 2 who has been served with notice but did not appear lodged a complaint against the present petitioner and his parents alleging that, when the complainant was a Higher Secondary student she got herself acquainted with the accused No. 1 as both of them were under a same tutor and that, the accused No. 1 in the year of 2003 proposed to the complainant to marry her though the complainant at that stage did not accede to the proposal of the accused No. 1. The complainant told him that she would prosecute further studies and her negotiation for marriage would only be done by her parents and guardian and that, at the instance of the complainant the accused No. 1 met her father's sister and her hus...

Nawab Ali Gayen Vs. State and anr.

Court: Kolkata

Partha Sakha Datta, J.1. This is defacto-complainant's revisional application under Section 482 read with Section 401 of the Cr.P.C. preferred against the judgment and order of the learned Additional Sessions Judge, 9th Court at Alipore acquitting the seven accused persons of the charge under Section 302 read with Section 34 IPC dated 17th of March, 2006 passed in S.T. No. 85(8) of 2002 corresponding to S.T. No. 2(2) of 2003. At about 2-00 p.m. on 04-02-2001 the opposite parties-accused person Nos. 1 to 7 chased Haran Gayen, being armed with bomb, tangee, hesua, lathi, rod etc. Haran Gayen hide himself in the bush near a tree. At first they hurled bombs against Haran. Then Yusuf Gayen dealt blow by means of hesua, while others assaulted Haran Gayen by means of rod and lathi. The defactocomplainant Nawab Ali Gayen, the son of the victim raised hue and cry whereupon the neighbours came out and at the sight of the neighbours the accused persons fled away. Haran Gayen lost consciousness. H...

Dipansu Sekhar Das Vs. State of West Bengal and anr.

Court: Kolkata

Partha Sakha Datta, J. 1. On the complaint of the opposite party No. 2 the petitioner was being tried before the learned CJM, Tamluk in connection with C.R. Case No. 812 of 2003 to answer the charges under Section 465/468/471 IPC. It was a complaint case triable through warrant procedure. The procedure for trial has been laid down in Section 244, 245 and 246 of the Cr.P.C. The learned Magistrate recorded evidence before charge of three witnesses including the complainant. 22nd August, 2007 was the date fixed for consideration of charge. On that day the learned Magistrate found that on the basis of the evidence before charge a prima facie case under Section 465 IPC could be made out. Offence under Section 465 IPC is triable through summons procedure. Other offences alleged and in respect of which the learned Magistrate could not find out any evidence prima facie were triable through warrant procedure. The learned Magistrate in such circumstances examined the accused under Section 251 Cr...