Kolkata Court March 2009 Judgments

In Re: an Appln. for Stay (Can 6546/05)

Court: Kolkata

ORDERAND DISCIPLINE OF THE FORCEIN THAT HE,At about 22.30 hrs.on 27.10.2000Brought a local womanto NakaMachan, while performingambushDuty in the area of BOPLachugachhOn International BorderwithBangladesh.BSF ACT BSF ACT 1968 SECTION-26SECTION -26 INTOXICATIONCHARGE-IIIn that he,At about 22.30 hrs.on 27.10.2000,While an ambush dutyin area ofBOP Lachugachh foundin a stateof intoxication2. It is not disputed that before issuance of the charge sheet the officiating Commandant of the 40th Battalion of BSF had ordered for record of evidence by an order dated 9th June, 2001. In view of the charge sheet, the appellant was informed by a notice that the Commandant proposes to try the appellant by Summary Security Force Court ( hereinafter referred to as SSFC) at 10-30 a.m. on 12th November, 2001 under Sections 40 and 26 of the Border Security Force Act, 1968. The appellant was given liberty to be present along with any person of the Battalion as friend, as permitted under Rule 156 of the B.S.F. ...

In Re: for Stay (Can 6546/05)

Court: Kolkata

ORDERAND DISCIPLINE OF THE FORCE IN THAT HE,At about 22.30 hrs. on 27.10.2000 Brought a local woman to Naka Machan, while performing ambush Duty in the area of BOP Lachugachh On International Border with Bangladesh.BSF ACT BSF ACT 1968 SECTION-26 SEC-26 INTOXICATION CHARGE-IIIn that he, At about 22.30 hrs. on 27.10.2000, While an ambush duty in area of BOP Lachugachh found in a state of intoxication.2. It is not disputed that before issuance of the charge sheet the officiating Commandant of the 40th Battalion of BSF had ordered for record of evidence by an order dated 9th June, 2001. In view of the charge sheet, the appellant was informed by a notice that the Commandant proposes to try the appellant by Summary Security Force Court ( hereinafter referred to as SSFC) at 10-30 a.m. on 12th November, 2001 under Sections 40 and 26 of the Border Security Force Act, 1968. The appellant was given liberty to be present along with any person of the Battalion as friend, as permitted under Rule 15...

Dr. Sujit Kumar Roy Vs. Union of India (Uoi) and ors.

Court: Kolkata

Reported in: AIR2009Cal160

ORDER1. This order will dispose of MAT 1364 of 2007 and the Reference made in W.P. 5472 (W) 2007.2. We have heard the learned Counsel for the parties. This matter has been adjourned on a number of occasions at the request of the learned Counsel for the appellant. It was submitted before us that the appellant is in the process of settling the matter with the Bank. He had actually submitted a number of offers which had not been accepted by the Bank. He was, therefore, trying to increase the offer which may be acceptable to the bank.3. On the last occasion when the matter appeared, it was specifically submitted by the learned Counsel that time may be granted till Monday so that one more effort could be made to persuade the bank to accept the amount offered by the appellant in full and final settlement of the account. Learned Counsel for the Bank is, however, adamant that at no stage the Bank had expressed its willingness to accept any of the offers made by the appellant.4. We may now proc...

Ganesh Tudu Vs. State of West Bengal

Court: Kolkata

Reported in: 2009CriLJ3608

Girish Chandra Gupta, J.1. This appeal is directed against a judgment dated 21st December, 1996 passed by the learned Additional Sessions Judge, Balurghat, Dakshin Dinajpur in Sessions Case No. 18 of 1994 arising out of G.R. Case No. 1226 of 1990 convicting the appellant-Ganesh Tudu of the offence punishable under Section 302 of the Indian Penal Code and an order dated 23rd December, 1996 by which the convict was sentenced to Rigorous Imprisonment for life for the aforesaid offence.2. The facts and circumstances of the case briefly stated are that the appellant-Ganesh Tudu killed his step-son Ganesh Hansda on 11th November, 1990 while he was preparing to go to Bolla Mela accompanied by his friends Debu and Paltu.3. From the evidence it appears that his mother Mani Murmu, widow of Bhola Hansda married the accused-Ganesh Tudu about ten years prior to the incident. She, at that time, had her two sons by her first husband, the victim was one of them. After her marriage to the accused she b...

D.V.M. Construction and ors. Vs. Srei Infrastructure Finance Ltd.

Court: Kolkata

Reported in: AIR2009Cal227

ORDER1. We have heard the learned Counsel for the parties at length. We have also perused the records. The appellants have impugned the order dated 27-1-2009 by which it has been directed that since the appellants were deliberately absent from the Court in spite of opportunity being granted on two separate occasions i.e. 21-1-2009 and 27-1-2009 the direction issued in the order dated 28-11-2008 be implemented. The matter was made returnable on 17-2-2009.2. On a perusal of the pleadings in the petition it transpires that the respondent had initiated execution proceedings against the appellants for execution of decree being ex parte arbitral award dated 13-1-2006 made and published by the arbitrator. It also transpires from the pleadings of the appellants that a preliminary objection was raised with regard to the territorial jurisdiction of this Court in receiving the execution application in view of Section 39(4) of the Code of Civil Procedure. Prior to such objection being raised, the ...