Kolkata Court March 2010 Judgments
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Munni Devi and ors. Vs. the State of West Bengal
Court: Kolkata
Decided on: Mar-03-2010
Ashim Kumar Roy, J.1. On September 20, 2009, the present petitioners were forwarded to the Court under arrest, in connection with Taratala Police Station Case No. 128, dated 19.9.2009, under Sections 20(b)(ii)(B)/29 of the N.D.P.S. Act. Thereafter, on November 18, 2009, the petitioners applied for bail before the Court below on the ground within the statutory period of 60 days no charge-sheet has been submitted. On the very next day, i.e., on 19th of November, 2009 the petitioners renewed their prayer for bail on the self-same ground but on that day police submitted charge-sheet. The Learned Judge rejected the petitioner's prayer for bail on the ground that charge-sheet has already been submitted. The petitioners challenged the said order in this criminal revision.2. Heard the Learned Counsels appearing on behalf of the parties and perused the materials on record as well as the case laws cited by them.3. In the case at hand, the charge-sheet has been submitted against the petitioners f...
Manash Dutta Vs. the Union of India (Uoi)
Court: Kolkata
Decided on: Mar-03-2010
Ashim Kumar Roy, J.1. The subject matter of challenge in the instant criminal revision is an order of framing charge under Section 18(c) of the N.D.P.S. Act.2. It has been contended by the learned advocate of the petitioner that according to the prosecution in this case total 180 grams of brown coloured sticky substance alleged to be opium, was recovered from the possession of the present petitioner. However in chemical test it was found that net opium content was 9.2%. Therefore, the actual quantity of opium would be maximum 16.56 grams which is a small quantity and accordingly if at all the petitioner shall be liable to be charged under Section 18(a) of the N.D.P.S. Act and not under Section 18(c) of the N.D.P.S. Act.3. The contention of the learned advocate of the petitioner was vehemently resisted by the Learned Additional Solicitor General, Mr. Farook M. Razack, appearing on behalf of the Necrotic Control Bureau. He drew the attention of this Court to the Chemical Analysis Report ...
Aloke Kumar Sadhukhan and anr. Vs. the State of West Bengal and anr.
Court: Kolkata
Decided on: Mar-03-2010
Ashim Kumar Roy, J.1. In a trial held before a Metropolitan Magistrate, Calcutta the present petitioners along with their partnership firm were convicted under Sections 138/141 of the Negotiable Instruments Act. While the firm was sentenced to pay a fine of Rs. 5,000/- the present petitioners were directed to be released on probation and on payment of a sum of Rs. 1,00,000/- each as compensation to the complainant's company.2. Against the said Judgement and order the present petitioners and their firm preferred an appeal before the Learned Chief Judge, City Sessions Court, Calcutta and same was registered as Criminal Appeal No. 64 of 2008. However, the Chief Judge, City Sessions Court at the stage of admission dismissed the said appeal summarily with the following orders;6.11.08. Today is fixed for hearing of the point of admission. The instant appeal was filed by the appellant convict being aggrieved and dissatisfied with the order dated 4.8.08 passed by the ld. M.M., 12th Court, Calc...
Bivash Chandra Debnath Vs. State of West Bengal
Court: Kolkata
Decided on: Mar-02-2010
Ashim Kumar Banerjee, J.1. On the outset may we record our strong displeasure for disappearance of vital records from the file. It appears that the investigation records (4th and 5th file) including the statements of various witnesses made before the police under Section 161 of the Criminal Procedure Code are not available on the record. We are not sure as to whether those were lost during trial or during pendency of the appeal. However, we find that at the time of submission of the chargesheet those records were produced before the Court below. We are not sure whether there had been any foul play or not at least such apprehension cannot be brushed aside.2. One Satya Charan Nath, being PW-1, made a written complaint with Tehatta Police Station on December 1, 1983 to the effect that his brother-in-law Ganesh Nath purchased some land at Chhatina Manza for the village Garibpur from one Ananta Sikdar. Ganesh harvested baro paddy on the said land. The adjacent land owner being the appellant...
Sanjay Perveen Vs. Coal India Ltd. and ors.
Court: Kolkata
Decided on: Mar-02-2010
I.P. Mukerji, J.1. This writ challenges a promotional order dated 18th October 2006. The Writ petitioner's grievance is confined to the fact that in the list of promotees from E3 grade of the Respondent No. 1 to its E4 grade, he ought to have been included. He does not claim that any promotion should be cancelled. His case is founded on a recommendation of a committee of the respondent No. 1 dated 22nd September,2000 regarding inter alia promotion of the officers who have passed or will pass the Mine manager's examination with first class while working in the 2nd Class channel in E2, E3, E4 and E5 grade. The substance of the recommendation is inter alia that those working in '2nd Class stream in the E3 grade of the respondent No. 1 who have obtained a first Class Mines Manager Certificate of Competency (MMCC) would be promoted to the E4 grade.' On this basis, admittedly, all the persons mentioned in the order dated 18th October, 2006 were promoted to the post of E4 grade in '1st Class ...
HasIn Tabrej Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Mar-01-2010
Ashim Kumar Banerjee, J.1. One Wasim Ashram was staying in a room in premises No. 120, C.G.R. Road, Khidirpur. He was a tenant under Nausad Ali, P.W. 2. He was a businessman dealing with jackets having stall No. P-21, Five Star Market at Khidirpur, a market, just opposite to the premises where he was staying. He was sharing the room with one Golam, who used to sell barmuda/shorts on the footpath of Chowringhee. The said room was also used by Shamim Ahmed, father of Wasim, as a paint shop.2. It was early in the morning of November 19, 2001, both Wasim and Golam were sleeping in their room. At about 7.40 a.m., Golam heard the knock of the door from outside. The person from outside called by the name of Wasim by saying that his brother Farhad from Lucknow sent them for taking delivery of the goods. Hearing this, Wasim opened the door and welcomed them inside the room. The four appellants namely, Md. Akram, Md. Aslam, Sone Ali Khan and Khaled Mullick being aged about 20 to 30 years wearing...
Pollen Dealcom Private Limited and anr. Vs. Chambal Fertilisers and Ch ...
Court: Kolkata
Decided on: Mar-01-2010
Bhaskar Bhattacharya, J.1. This appeal is at the instance of the plaintiffs in a suit for declaration that the two bank-guarantees, both dated 29th July, 2009, being Annexure 'C' and 'D' to the plaint, are null and void, for mandatory injunction upon the defendants to forthwith make over the aforesaid bank-guarantees dated 29th July, 2009 to the plaintiffs with further prayer for perpetual injunction restraining the defendant No. 1 from receiving any payment in respect of those two bank-guarantees, mentioned above, given by the defendant No. 2, the Bank, and for a decree of Rs. 1 crore as damages from the defendant No. 1. The other consequential reliefs of interest and injunction were also prayed for.2. The case made out by the plaintiffs in the aforesaid suit may be summed up thus:(a) The plaintiffs are the owners of an area of 30,419 sq. ft. on lower and upper ground floor, first floor and second floor together with 32 car parking spaces at the building popularly known as 'Avani Heig...
Pear Ali Gazi Vs. State of West Bengal
Court: Kolkata
Decided on: Mar-01-2010
Ashim Kumar Banerjee, J.1. On or about October 14, 1988 Md. Unush Ali Molla of village Sarberia, Police Station Sandeshkhali, District North 24-Parganas made a written complaint with the Sandeshkhali Police Station to the effect that he was sitting in his home along with Gobinda Biswas, Tapan Das, Majnu Gazi and Kalo Gazi when they heard a cry 'fire fire'. They rushed to the house of Pear Ali Gazi and found his son in-law Mamud Ali lying nacked in the courtyard having suffered burn injury all over his body. None of the household came forward to save him. On being asked, Mamud told that his father in-law Pear Ali Gazi, wife Bhodi Gazi and sister in-law Marzina Bibi had poured kerosene oil all over his body and set fire to kill him. They escorted the victim in a rickshaw van to the local hospital and informed Sarberia Camp. Doctor gave him first- aid and considering his precarious condition, advised shifting to any Calcutta Hospital. He took the victim to Nil Ratan Sarkar Hospital at Cal...
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