Kolkata Court April 2010 Judgments
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Lal Deo Vs. State of West Bengal
Court: Kolkata
Decided on: Apr-20-2010
Ashim Kumar Banerjee, J.1. Acting on a specific information, a batch of Intelligence Officers of Narcotic Control Bureau under the leadership of Superintendent of N.C.B. (EZU) went infront of Mohamilon Math (Northern Gate), P.W.D. Road, Baranagar, Kolkata on August 8, 1998 at about 3.30p.m. They intercepted the appellant Lal Deo and one Gokul Pal there. They disclosed their identity. The officers disclosed their purpose to them and wanted to search them. Before conducting the search, an offer in writing was given to them to be searched in person before a Magistrate or a Gazetted Officer. They also informed that one Gazetted Officer was already with them. It was the case of the prosecution that the appellant and Gokul gave their written consent to be searched in presence of the Gazetted Officer being P.W.6, N.C. Patra accompanying the raiding party.2. On a search being conducted 310 grams of heroin were found from a polythene bag being carried by Lal Deo. Nothing was recovered from Goku...
Dalim Sekh and ors. Vs. the State of West Bengal
Court: Kolkata
Decided on: Apr-19-2010
Ashim Kumar Banerjee, J.INCIDENT:1. The victim group belonged to Congress Party whereas the accused group belonged to C.P.I. (M) Party. As per the complaint, the victim Yeasin Mondal left the village Bagirapara in view of threatening given by the other group. On September 5, 1991 Yeasin went to the burial ground at Sahpara Village under the Police Station Nabagram with his nephew Abdul Bari to attend a funeral of one of his relatives. At about 5 p.m. the complainant Dost Mohammad went to the Bhagirapara Bus Stop. At about 5:30 p.m. Yeasin and Abdul were returning back to Bagirapara by bicycle. Abdul was accompanying Yeasin by walking and talking to him. Dost started following them in a close distance. Yeasin and Abdul, after crossing the bus stand, found someone from their village near the culvert. Some persons were hiding there including the appellants. They could identify Dalim Sekh, Atibur Sekh, Sadekul Sekh, Hafijuddin Sekh, Diyantulla, Amanulla Sekh and two or three others whom th...
Jhantu Sardar and ors. Vs. the State of West Bengal
Court: Kolkata
Decided on: Apr-19-2010
Ashim Kumar Banerjee, J.1. In or about 2000 Batasi Das (Sardar) got married with Jhantu Sardar, the appellant No. 1 being the son of other two appellants. According to the prosecution, Batasi was subjected to torture by her in laws on the issue of insufficient dowry. Fact remains, both the families were poor; however, the financial condition of Batasi's parents was little better than her in laws. Her father-in-law was a day labourer, mainly engaged in painting, her mother-in-law used to work as maid servant, her husband was a drunkard and gambler. Batasi's father P.W.3 purchased a Rikshaw Van for his son-in-law, the appellant No. 1. The appellant No. 1 sold the vehicle and siphoned off the sale proceed by way of drinking and gambling.2. On January 12, 2004 Batasi came to her parents and complained that she was beaten up. Her condition was worse. On the next date, i.e., on January 13, 2004, Batasi was persuaded by her parents to go back to her in laws. She went there. This time, however...
Sri Sekhar Biswas Vs. the State of West Bengal and anr.
Court: Kolkata
Decided on: Apr-16-2010
Ashim Kumar Roy, J.1. Over the incident of dishonour of a cheque for Rs. 1,30,000/- the opposite party No. 2 herein on October 23, 2003 made a complaint in Court against the petitioner alleging commission of offence punishable under Section 138 of the Negotiable Instruments Act and on December 10, 2003 moved an application under Section 156(3) of the Code of Criminal Procedure before the Learned Sub-Divisional Judicial Magistrate, Barrackpore against the petitioner alleging commission of an offence punishable under Section 420 of the Indian Peal Code. When the Learned Magistrate in exercise of his power under Section 156(3) of the Code directed the said complaint to be treated as FIR and the investigation to be caused into the allegations made therein. Accordingly, a specific case being Bizpur Police Station Case No. 37 of 2005, under Section 420 of the Indian Penal Code has been registered against the petitioner.The petitioner has now moved this Court for quashing of the said FIR on t...
Bodhi Art Limited and anr. Vs. Kolkata Municipal Corporation and ors.
Court: Kolkata
Decided on: Apr-16-2010
Bhaskar Bhattacharya, J.1. This Mandamus-Appeal is at the instance of the unsuccessful writ-petitioners and is directed against the order dated 31st August, 2009 passed by a learned Single Judge of this Court by which His Lordship dismissed the writ-application filed by the appellants in which the appellants prayed for mandamus directing the Kolkata Municipal Corporation Authorities to handover the internal house drain plan for constructing the internal house drain and connecting the said internal house drain with the Kolkata Municipal Corporation main drainage line through Alipore Park Place, Kolkata and also for quashing the alleged illegal demand of Rs. 1,02,56,014/- as claimed in the letter dated 7th April, 2009 being Annexure P-4 to the said writ-application.2. Being dissatisfied, the writ-petitioners have come up with the present mandamus-appeal.3. The facts giving rise to filing of the writ-application out of which the present mandamus-appeal arises may be summed up thus:(a) The...
State of West Bengal and ors. Vs. Anil Ratan Banerjee and ors.
Court: Kolkata
Decided on: Apr-16-2010
Prasenjit Mandal, J.1. This appeal has arisen out of the order dated July 6, 2004 passed by one of the learned Judges of this Court in C.R. No. 14209(W) of 1988 whereby the learned Judge allowed the writ petition thereby directing the Competent Authority under the provisions of the Urban Land (Ceiling & Regulation) Act, 1976 to restart the proceedings from the stage of Sub-section (2) of Section 6 of the Act treating the writ petitioners as the owners of the property referred to in the writ petition and also directing to take all the subsequent steps from the stage of Sub-section (2) of Section 6 of the Act upon notice to the writ petitioners. Being aggrieved, the State-respondent has preferred this appeal.2. The brief fact necessary to unfold the issues involved in the writ petition is that according to the Writ-Petitioners, one D.R. Karnani purchased land measuring 3 Bighas 7 Cottahas 9 Chittacks and 5 Square feet with structures thereon at premises No. 113/12, Diamond Harbour Road, ...
Smt. Anannya Chowdhury and anr. Vs. Ranjit Kr. Bose and anr.
Court: Kolkata
Decided on: Apr-16-2010
Jyotirmay Bhattacharya, J.1. The petitioners are the tenants in respect of a ground floor shop room measuring about 600 sq. ft. in the front portion of the premises No. HA-3 Bidhannagar, Salt Lake City, Kolkata - 700097 under the opposite parties. The terms and conditions of such tenancy of the defendants are contained in the tenancy agreement executed between the parties on 1st July, 2003. The said tenancy agreement contains an arbitration clause to the following effect:Clause 15: That any dispute regarding the contents or construction of this agreement or dispute arising out of the same shall be settled by joint arbitration of two arbitrators, one to be appointed by landlords and the other to be appointed by tenants. The decision of such arbitrators or umpires appointed by them shall be final and parties hereto. Such arbitration will be in accordance with the Arbitration and Conciliation Act, 1996.2. Initially a dispute was cropped up between the parties as the landlords refused to a...
Union of India (Uoi) and anr. Vs. Shri Haripada Das and ors.
Court: Kolkata
Decided on: Apr-16-2010
Bhaskar Bhattacharya, J.1. This Mandamus-Appeal is at the instance of the Union of India and is directed against an order dated August 21, 2009 passed by a learned Single Judge of this Court by which His Lordship disposed of a writ-application filed by the respondents by setting aside the order passed by the appellant No. 2 and directing the appellants to grant freedom-fighter-pension to the writ-petitioner under the provisions of Swatantrata Sainik Samman Pension Scheme, 1980 (hereinafter referred to as the SSS Scheme) with effect from the date of his application for obtaining pension i.e. 10th July, 1981 with interest on the arrears amount @10% per annum. The learned Single Judge further awarded costs of Rs. 10,000/- in favour of the writ-petitioner.2. Being dissatisfied, the Union of India and the Under Secretary, Government of India, Ministry of Home Affairs, Freedom Fighters' Division have come up with the present appeal.3. The facts giving rise to filing of the writ-application o...
Smt. Namita Roy and ors. Vs. Bengal Greenfield Housing Development Com ...
Court: Kolkata
Decided on: Apr-16-2010
Jyotirmay Bhattacharya, J.1. This application under Article 227 of the Constitution of India is directed against an order being No. 29 dated 17th November, 2009 passed by the learned Civil Judge, Senor Division, 1st court at Barasat, North 24 Parganas in Title Suit No. 290 of 2008 whereby the plaintiffs' application for amendment of plaint was rejected by the learned Trial Judge by holding inter alia that the relief which the plaintiffs are now seeking to introduce in the suit by way of amendment of plaint is not only time barred but also no satisfactory explanation is given for such long delay in applying for such amendment.2. The plaintiffs are aggrieved by the said order. Hence, they have come before this Court with this application under Article 227 of the Constitution of India.3. Heard Mr. Roy Chowdhury, learned Senior Counsel appearing for the petitioner, Mr. Mukherjee, learned Senior Counsel appearing for the opposite party No. 1 and the learned Advocate General appearing for th...
R.P. Techvision (India) Pvt. Ltd. Vs. Official Liquidator and anr.
Court: Kolkata
Decided on: Apr-16-2010
Bhaskar Bhattacharya, J.1. This appeal is at the instance of a third party in a proceeding of winding up of a company-in-liquidation and is directed against the order dated January 8, 2010 by which the learned Company Court has dismissed two applications, one under Section 466 and the other under Section 457 of the Companies Act.2. Being dissatisfied, a third party to the proceeding who was, in the past, allowed to run the company by virtue of an interim order, has come up with the present appeal.3. The facts giving rise to filing of this appeal may be summed up thus:a) One SST Media Private Limited, running a news channel by the name of Kolkata TV, was directed to be wound up by the learned Company Court on May 21, 2009 in C.P. No. 39 of 2009 at the instance of one of the creditors thereof. Several other winding up petitions filed by the creditors were pending and the liability of the company, as it appears from the break-up given in the application, was in the region of Rs. 74 crore....
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