Kolkata Court March 2010 Judgments
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Ashim Khatua Vs. State of West Bengal
Court: Kolkata
Decided on: Mar-31-2010
Ashim Kumar Banerjee, J.1. The unfortunate victim Smt. Sulekha was married to the accused Asim Khatua in 1994. She gave birth to a female child in or about 1996. There was no problem for about two years after the birth of the child. In 1997, Asim started torturing Sulekha on one pretext or the other. He was suspicious about alleged extra marital relationship Sulekha had with his brother Arun. On this issue there had been constant feud between the couple followed by torture by the husband, ultimately Sulekha died an unnatural death. As per the complaint lodged by Sulekha's father Mohan Chandra Saha, PW-7, Ashim killed Sulekha with the help of door stick (Khil), a blunt substance injuring Sulekha on her head, chest and face. As per the medical evidence head injury was the cause of the death.2. As per the complaint, Sulekha, during her life time, used to complain about torture committed by Asim on the allegation of illicit relationship she had with Arun. The family members tried their bes...
Union of India (Uoi) and ors. Vs. Samarendra Nath Mukherjee
Court: Kolkata
Decided on: Mar-30-2010
Ashim Kumar Banerjee, J.1. The appellant being Eastern Railway entrusted a job to the respondent under a contract. Disputes arose by and between the parties on payment of bill. Railway claims that all dues were paid off and the respondent duly issued no claim certificate by accepting payment in full and final settlement of his claim. The respondent insisted on its claim made subsequent to the receipt of payment under the final bill. The respondent demanded arbitration in accordance with the arbitration clause. The authority refused, as, according to them, there could be no dispute between the parties after settlement of the final bill. The respondent approached the Court of law under Section 20 of the Arbitration Act, 1940 inter alia praying for filing of the arbitration agreement in Court and appointment of an arbitrator in terms of the agreement. The learned single Judge, vide judgment and order dated July 19, 1996, finally disposed of Special Suit No. 10 of 1996 by appointing Shri G...
Kanak Projects Limited Vs. Reckitt and Colman of India Limited
Court: Kolkata
Decided on: Mar-30-2010
Patherya, J.1. This is an application filed under Chapter XIIIA of the Original Side Rules for a decree of eviction.2. The case of the petitioner is that it is the owner of premises No. 41, Chowringhee Road, Calcutta (said premises). By a lease deed dated 16th September, 1985 23000 Sq. ft. on the first floor of the said premises was let out to the defendant No. 1 for 30 years. The lease deed barred subletting or assignment. The defendant No. 1 let out the said portion to third parties and subsequently the third party was added as defendant No. 2. The plaint was amended and additional grounds by amendment were included. Although the defendant No. 1 has entered appearance no written statement has been filed. There are two reports filed, one set has been filed by Joint Special Officers and the other set by engineers. The defendant No. 2 has taken exception to the report of the engineers but has accepted the report of the Joint Special Officers. Clauses 2, 4 and 11 of the lease deed are re...
Shyam Yadav and Gandhi Devi Yadav Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-30-2010
Ashim Kumar Banerjee, J.1. One Bisheswar Yadav was residing in Baikuntha Palli, Police Station Bhakti Nagar, Siliguri. He sold one of his properties at and for a sum of Rs. 2.51 lacs. His daughter was getting married at Bihar. He left his residence at Bhaktinagar along with a sum of Rs. 1.75 lacs for Bihar for his daughter's marriage. He was last seen at Bhaktinagar on December 8, 2005. After he went missing, his wife Gandhi Devi, the appellant No. 2 above named, did not lodge any complaint with the Police Station. She, however, telephoned PW-1 to enquire whether Bisheswar had reached Bihar or not. After five/six days, PW-1 again enquired about Bisheswar over telephone when Gandhi Devi told him that she did not lodge any missing diary. PW-1 wanted to come to Siliguri. Gandhi Devi told him to stay back and informed him that she would come to Bihar within two/three days. Gandhi Devi accordingly went, however, did not visit the house of PW-1. Gandhi Devi went to Madhepura where her daught...
ideb Projects Pvt. Ltd. and ors. Vs. Srei Equipment Finance Pvt. Ltd.
Court: kolkata
Decided on: Mar-30-2010
1. I have considered the application of the hirers being A.P.341 of 2011. By my order dated 24th December, 2010 I had asked the Receiver to inter alia complete the sale of two generator sets within two months from that date. That application was disposed of. 2. As no offer for those generator sets were received within that period, by a subsequent order dated 22nd February, 2011, the time to complete the sale was extended by four weeks from that date. 3. It appears that the financier had been able to get offers for Rs.2 lakhs and Rs.2.50 lakhs for the two generators respectively. Several meetings were held by the Receiver. The petitioners/hirers were unable to get any matching offer. Nevertheless it was represented by their 2 Advocate, in those meetings that he would be in a position to get a higher offer in the near future. The Receiver peremptorily fixed a time for confirmation of sale. 4. On or about 4th March, 2011 he confirmed such sale in favor of the offered brought by the financ...
The Court on Its Own Motion Vs. Sri Biman Bose and 2 ors.
Court: Kolkata
Decided on: Mar-26-2010
ORDERED the alleged contemnors aforesaid shall appear personally before this Court at 10-30 A.M. and shall not leave the Court without permission.Let the Rule be served personally on the alleged contemnors-respondents.(SURINDER SINGH NIJJAR, C.J.)(PINAKI CHANDRA GHOSE, J.)7) It further appears from the order of the Division Bench recorded on July 18, 2008 that on mentioning by the learned Advocate for the applicants, the said Division Bench withdrew the Rule earlier drawn up and directed the office to draw up a fresh Rule in form No. 2 by passing the following order:18.7.08(Mentioned)Mr. Sakti Nath Mukherjee, Mr. Jayanta Mitra, Mr. S.P. Roychowdhury, Mr. Tapan Kr. Mukherjee..For the PetitionerOn being mentioned by the Learned Counsel for the petitioner, the earlier Rule drawn on 11th July, 2008 is withdrawn and substituted by the Rule drawn in terms of Form No. 2.(Surinder Singh Nijjar, C.J.) (Pinaki Chandra Ghose, J.)8) Consequently, a new Rule was drawn up as quoted below:IN THE HIGH...
Dilip Kumar Dey @ Dilip @ Dilu Vs. State of West Bengal
Court: Kolkata
Decided on: Mar-26-2010
Debiprasad Sengupta, J.1. The aforesaid two appeals came up for hearing before the Division Bench and since there was difference of opinion between the two learned Judges, the same was referred to this Bench in terms of the provision of Section 392 of the Code of Criminal Procedure.2. Since both the aforesaid criminal appeals are preferred against the common judgment and order of conviction and sentence, those are taken up for hearing analogously. Both the appeals are directed against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, 2nd Court, Burdwan in Sessions Trial No. 7 of 2007, thereby convicting the accused appellants under Section 302/34 of the Indian Penal Code and sentencing each of them to suffer rigorous imprisonment for life and to pay a fine of Rs. 6,000/- each, in default to suffer rigorous imprisonment for a further period of one year.3. On the basis of a complaint lodged by one Bishnupada Dutta (P.W.2), father-in-law of...
Dr. Medha Kumari Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-26-2010
Pranab Kumar Chattopadhyay, J.1. The appellant herein was appointed in Samsi College, Malda as Lecturer in Sanskrit pursuant to the appointment letter dated 16th July, 2008 and till date serving the said college as Lecturer.2. In response to the advertisement No. 1/2007 issued by the West Bengal College Service Commission, appellant herein submitted application in prescribed form and manner for recommendation to the post of Lecturer in Sanskrit. Along with the said application form, appellant also submitted her bio-data. In the said bio-data, appellant did not correctly mention the percentage of marks obtained by her in the Higher Secondary Examination.3. However, it is not in dispute that the appellant is the holder of Master's Degree in Sanskrit and has also obtained Ph.D. Degree in the said subject.4. The appellant herein undisputedly, fulfilled all the conditions as per the advertisement issued by the West Bengal College Service Commission and, therefore, she was asked to appear at...
Vck Shares and Stock Broking Services Limited Vs. Smt. Shalini Poddar ...
Court: Kolkata
Decided on: Mar-25-2010
Nadira Patherya, J.1. G.A. 2683 of 2007 has been filed for dismissal of C.S. 405 of 2001. G.A. 1975 of 2009 has been filed for setting aside the order dated 28th March, 2008 as modified by order dated 3rd July, 2009. Both the said applications have been filed by the defendants. G. A. 1634 of 2009 has been filed by the plaintiff for extending the returnable date for lodging the writ of summons.2. Counsel for the defendants submits that C. S. 405 of 2001 was filed on 9th August, 2001. Till August, 2007 no step was taken by the plaintiff for service of the Writ of Summons. In fact, by an order dated 21st August, 2007 M. Sinha, J. directed the plaintiff to put the defendants on notice before filing any application and application filed before the Master for extending the time to lodge the writ of summons was not upon notice to the defendants. By order dated 28th March, 2008 the Master has extended the returnable date of the writ of summons which was modified by order dated 3rd July, 2009. ...
Sri Bholanath Roy Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-25-2010
Dipankar Datta, J.1. A retired school teacher by presenting this petition dated November 28, 2001 seeks release of service benefits including retiral dues which, according to him, have been withheld by the concerned respondents to add to the agony suffered by him right from May, 1987. It is, however, not in dispute that during the pendency of the present proceedings, dues towards gratuity and arrear pension have been released. He is also in receipt of monthly pension. What survives for decision is whether he is entitled to arrear salary amounting to Rs. 11,76,242/-, provident fund dues and interest on delayed payment of gratuity and pension.2. The genesis of the dispute giving rise to this petition may now briefly be noticed from the petition.3. The petitioner joined as Assistant Teacher of Nandanpur Rupchand Academy (hereafter the school) on July 20, 1964. He could not attend to his duties since July 7, 1987 allegedly because of intimidation of a member of the Managing Committee of th...
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