Kolkata Court July 2009 Judgments

Friend's (H.P.) Station Vs. the Senior Regional Manager (Retail), HPCL ...

Court: Kolkata

Girish Chandra Gupta, J. 1. The subject matter of challenge in this writ petition is an order dated 26th February 2009 passed by the Senior Regional Manager (Retail), Hindustan Petroleum Corporation Limited ( hereinafter referred to as the HPCL for brevity), terminating dealership of the writ petitioner No. 1 which is a partnership firm of which the writ petitioner No. 2 is a partner. The undisputed facts and circumstances of the case are as follows:2. On 27th August 2008 an inspection was conducted at the petrol pump run by the writ petitioner No. 2 amongst others under the name and style of Messers Friends HP Station at Purba Bishnupur in the district of 24 Parganas (South). Samples were drawn and sent to the laboratory for testing. By a letter dated 10th November 2008 the test report was furnished to the writ petitioners which indicated that the ingredient 'RON' in the motor sprit: BS III was found to be 83.6 whereas the minimum requirement was 91. It is on this basis that by the le...

Pranab Kanti Sen and anr. Vs. the State of West Bengal and anr.

Court: Kolkata

Reported in: 2010CriLJ162

Partha Sakha Datta, J.1. By this application under Section 482 of the Cr.P.C. the husband and the in-laws of the O.P. No. 2 pray for quashing of proceeding being Bhowanipur P.S. Case No. 79 of 2006 dated 29th March, 2006 under Sections 498-A/406/313/34 of the Indian Penal Code corresponding to SC Case No. 106(4)08 (ST No. 4(7) of 2008) now pending before the Additional Sessions Judge, Fast Track Court No. 1 at Alipore of the District of South 24-Parganas.2. It was a lengthy FIR lodged with the Deputy Commissioner of Police, Detective Department, Lalbazar by the O.P. No. 2 on 10th February, 2006 alleging against her father-in-law, petitioner No. 1/mother-in-law, petitioner No. 2 and the husband, petitioner No. 3, Intimacy between the petitioner No. 3 and the O.P. No. 2 developed through Internet. Marriage took place on 15th December, 2002, while registration thereof took place on 28th August, 2003. During honeymoon after marriage at Singapore, Malaysia it was detected that she had conce...

Sukhamay Manna Vs. State of West Bengal and anr.

Court: Kolkata

Reported in: 2010CriLJ829

ORDERPartha Sakha Datta, J.1. The O. P. No. 2 lodged an FIR with the O.C Ramnagar P. S. alleging that in course of her study in the college she came to be acquainted with the petitioner. They are developed intimacy between the two. The petitioner assured of marriage with her then on such assurance he cohabited with her on 17th July, 2004. She asked her for settlement of marriage. On different pretexts the petitioner did not positively respond and then finally he declined to marry her thus she has been raped by deception.2. Investigation was, carried out and the police submitted charge-sheet against the petitioner under Section 376 of the IPC.3. Mr. Debabrata Roy, learned advocate, for the petitioner referred to the following decisions : (1) Partho Pratim Phukan alias Meja v. The State of West Bengal, reported in (2008) 1 C Cr LR (Cal) 774, (2) Shyamapada Tewari v. State of West Bengal, reported in (2009) 1 C CR LR (Cal) 266, (3) Sujit Kumar Pati v. Smt. Atasi Singha Mahapatra reported ...

Anil Kr. Sarkar Vs. the State of West Bengal and ors.

Court: Kolkata

Reported in: 2009CriLJ4678

ORDERPartha Sakha Datta, J.1. The order dated 28th July, 2008 passed by the learned Chief Metropolitan Magistrate, Calcutta in connection with G. R. Case No. 2588 of 2000 arising out of Hastings P. S. Case No. 293 dated 3rd August, 2000 under Sections 306/120-B of the Indian Penal Code rejecting the prayer of the petitioner for further investigation into the case is under challenge in this application under Section 482 of the Cr. P.C. at the instance of the brother of the deceased.2. The opposite party Nos. 2-9 are members of a religious order called 'ISKCON'. The petitioner's brother was also a member of the said order and a follower of ISKCON Revival Movement. His brother was allegedly and falsely implicated in a criminal case being Ballygunje P. S. case No. 74 dated 29th June, 2000 under Section 376 of the I.P.C. He was arrested on 29th June, 2000 and detained in judicial custody till 2nd August, 2000. On 3rd August, 2000 at about 5.20 a.m., the inmates of the Presidency Correctiona...

Anshul Properties Private Ltd. Vs. the State of West Bengal and anr.

Court: Kolkata

Reported in: 2009CriLJ4628

ORDERPartha Sakha Datta, J.1. The appeal and the revisional application are being disposed of by this common judgment and order. M/s. Anshul Properties Private Limited which is a company registered under the Companies Act and which is the appellant in CRA No. 149 of 2009 and also the petitioner in CRR No. 2597 of 2003 lodged a petition of complaint with the learned Metropolitan Magistrate, Calcutta being Case No. C/813/1999 against the M/s. Allied Resins Chemicals Limited, a company registered under the Companies Act 1956, one Suroj Ratan Mundhra, Managing Director of the said company, Tapan Sen, P. Gunguly, Ramesh Kr. Vijoy and Goutam Mitra who are said to be the authorised signatories and/or principal officers of the said accused No. 1 company alleging offences under Section 138 read with Section 141 of the N.I. Act. Allegedly towards the discharge of the debt or liability arising out of bill discounting the accused No. 1 company issued in favour of the complainant company a cheque b...

Beda Nand Choudhury Vs. Union of India (Uoi) and ors.

Court: Kolkata

Reported in: [2010]153CompCas332(Cal)

Sanjib Banerjee, J.1. Two of the respondents to a writ petition disposed of by an order dated July 5, 1999, have applied for recalling the order on the ground that they had been misled into conceding to the arrangement recorded in the order. The National Securities Clearing Corporation Ltd., and the National Stock Exchange of India Ltd. (NSE) claim that a fraudulent petitioner had deceived the applicants into believing that a particular state of affairs existed when subsequent disclosure by the petitioner in terms of the order showed otherwise.2. W.P. No. 2098 of 1998 was brought with a grievance that the NSE had played spoilsport in the petitioner exercising all rights in respect of 400 equity shares of and in ITC Ltd., to which the petitioner was beneficially entitled. The petitioner claimed that the petitioner had caused certain shares in the relevant company to be purchased through respondent No. 5 broker company which was run and controlled by respondent No. 6 individual. The peti...

PulIn Behari Giri Vs. State of West Bengal and ors.

Court: Kolkata

Dipankar Datta, J.1. The petitioner was an Assistant Teacher of Chandanpiri M.M. High School, Police Station - Namkhana, District - South 24 Parganas (hereafter the school). The present petition was filed by him on 9.8.1999 alleging that he had not been allowed by the school authority to join upon reopening thereof after summer vacation with effect from 14.6.1999 and that he had not been paid salary since May, 1999.2. The writ petition was moved on 30.11.1999. While directing exchange of affidavits and fixing the matter as 'For Orders' on 13.1.2000, a learned Judge of this Court had directed the petitioner to join school and to receive salary. It was recorded that the school authority had no objection in relation thereto. Accordingly, the school authority was directed to pay salary of the petitioner as and when he joins service.3. A contempt petition being CPAN No. 51 of 20000 was filed by the petitioner alleging that despite the order dated 30.11.1999, the school authority had not all...

Bankim Chandra Lohar Vs. Sitangshu Kumar Bhanja

Court: Kolkata

Reported in: AIR2009Cal285

1. This first appeal has been preferred against a judgment and decree dated 25th July, 1996 passed by the learned Judge, 4th Bench, Court of Small Causes at Calcutta in S.C.C. Suit No. 407 of 1991 thereby passing a money decree in favour of the plaintiff-respondent.2. Being dissatisfied, the defendant has come up with the present appeal.3. In our view, this appeal is not maintainable as the decree has been passed by the learned Judge, Presidency Small Causes Court in a suit which is cognizable by such Court.4. Mr. Sanyal, the learned Advocate appearing on behalf of the appellant, however, draws our attention to Section 96(4) of the Code of Civil Procedure. According to the said provision, no appeal shall lie, except on a question of law, from a decree in any suit of the nature cognizable by Courts of Small Causes, when the amount or value of the subject-matter of the original suit does not exceed Rs. 10,000/-.5. By referring to the said provision, Mr. Sanyal contends that his client is...

Food Corporation of India Vs. Union of India (Uoi) and ors.

Court: Kolkata

Reported in: (2009)IVLLJ850Cal

Ashim Kumar Banerjee, J.1. The moot question involved in this appeal is whether Food Corporation of India (hereinafter referred as FCI) was entitled to refuse one and half time wages to any of its employees for overtime on the plea that they fell short in discharging forty two hours duty in that particular week.2. There had been contract workers working at different stores and go downs of FCI throughout the State as also neighbouring State. Those workers were working under the contractors. They were constantly demanding for being taken in regular pay roll of FCI. The workers were subsequently absorbed by FCI recognizing them as semi permanent worker as would appear from the records disclosed in the said proceedings. The FCI Workers' Union entered into bipartite agreement with the management of FCI on February 15, 1972 appearing at pages 41-42 of the paper book. Clause 19 dealt with an issue of payment of overtime allowance. It was agreed that the workers would be paid overtime in accor...

Bengal and Assam Co. Ltd. Vs. Commissioner of Income Tax

Court: Kolkata

Reported in: (2009)227CTR(Cal)399

Pinaki Chandra Ghose, J. 1. This appeal was admitted in terms of the following questions :(1) Whether the Tribunal misdirected itself in law in holding that the transactions relating to shares in Hindusthan Aluminium Co. Ltd. were not covered by proviso (b) to Section 43(5) or that the same were speculative transactions or the loss of Rs. 2,67,782 incurred therein was speculative loss and not hedging loss or that the assessee had not explained any aspect of the said transactions and its purported findings in this behalf are based on any material and/or have been arrived at by ignoring the relevant materials and/or by taking into consideration irrelevant and/or extraneous materials and/or are otherwise arbitrary, unreasonable and perverse ?(2) Whether the Tribunal misdirected itself in law in holding that the assessee was not carrying on money lending business in a general manner for earning interest or that it granted accommodation loans to sister concerns only or that the loans to sis...