Kolkata Court April 2010 Judgments
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Friend's HP Station and Anr. Vs. the Senior Regional Manager (Retail), ...
Court: Kolkata
Decided on: Apr-08-2010
Bhaskar Bhattacharya, J.1. This Mandamus-Appeal is at the instance of the unsuccessful writ- petitioners and is directed against an order dated July 30, 2009 passed by a learned Single Judge of this Court by which His Lordship dismissed a writ-application filed by the appellants in which they challenged an order dated 26th February, 2009 passed by the Senior Regional Manager (Retail), Hindustan Petroleum Corporation Ltd. (hereinafter referred to as the HPCL) terminating the dealership of the writ-petitioner No. 1 which is a partnership firm of which the writ-petitioner No. 2 is a partner.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 may be summed up thus:(a) On August 27, 2008, an inspection was conducted at the petrol pump run by the writ-petitioners at Purba Bishnupur in the District of 24-Parganas (South). Samples were drawn and sent to the laboratory for testing. By a letter dated...
Pinku Das Vs. the State of West Bengal
Court: Kolkata
Decided on: Apr-08-2010
Girish Chandra Gupta, J.1. This appeal is directed against a judgment and order dated 30th and 31st August 2004 passed by the learned Judge (EC Act) and Additional District Judge, Alipure, 24 Parganas (South) in ST 3(7) of 2001 whereby the appellant was convicted for commission of an offence punishable Under Section 498A and 304B of the Indian Penal Code and sentenced to suffer rigorous imprisonment for three years as also to pay a fine of Rs. 5000/-, in default to suffer further rigorous imprisonment of six months and further sentencing him to undergo rigorous imprisonment for life for the aforesaid offences respectively. Both the sentences were however directed run concurrently.2. The facts and circumstances of this case briefly stated are as follows:The appellant Pinku Das married the deceased Mina, aged about 19 years, on 31st January 2000 according to Hindu rites. On 26th June 2000 her dead body was found on a railway bridge near her matrimonial house. The cause of death, based on...
Mahua Patra @ Mithu Vs. the State of West Bengal and anr.
Court: Kolkata
Decided on: Apr-07-2010
Ashim Kumar Roy, J.1. Pursuant to an order passed under Section 156(3) of the Code by the Learned Sub-Divisional Judicial Magistrate, Uluberia, on a complaint made to the Court by the opposite party No. 2 herein, a First Information Report relating to offences punishable under Sections 302/451/452/380/120B/34 of the Indian Penal Code was registered at Uluberia Police Station against the present petitioner and 16 others.2. After completion of investigation, when police filed final report praying for discharge of the accused from the case, the opposite party No. 2 herein filed a 'Naraji' petition, whereupon the Learned Sub-Divisional Judicial Magistrate refused to accept the final report and directed re-investigation of the case. After re-investigation, police again submitted final report, but the Learned Magistrate instead of accepting such final report took cognizance on 'Naraji' petition filed by the defacto-complainant. Thereafter, the case was transferred for trial to the Court of t...
Sujit Paul Vs. Mousomi Paul (Poddar)
Court: Kolkata
Decided on: Apr-07-2010
Jyotirmay Bhattacharya, J.1. The petitioner/husband filed a suit for divorce against his wife viz. the opposite party herein in the Court of the learned District Judge at Uttar Dinajpur. The said suit which was subsequently transferred to the Court of the learned Additional District Judge, Fast Track Court, 2nd Court at Raiganj, was ultimately decreed ex parte on 10th January, 2006 vide order No. 16.2. The opposite party filed an application under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the said ex parte decree passed in Matrimonial Suit No. 53 of 2004. The said proceeding was registered as Misc. Case No. 1 of 2006. The reasons for her non-appearance before the Court on the date which was fixed for the ex parte hearing of the said suit was explained by the opposite party in her said application. It was alleged by her that such default was committed due to the laches on the part of her Advocate's clerk who failed to update his diary by not recording the last two...
Susanta Ghosh and ors. Vs. the State of West Bengal and anr.
Court: Kolkata
Decided on: Apr-07-2010
Ashim Kumar Roy, J.1. Invoking Section 407 of the Code of Criminal Procedure the petitioners who have been facing their trial before the Learned Additional District & Sessions Judge, Fast Track Court, Amta, Howrah of a charge under Sections 498A/304B/34 of the Indian Penal Code have moved this Court for transfer of their trial to any other Court on the ground the Learned Presiding Judge is biased against the accused/petitioners and as such there cannot have any fair and impartial trial.2. In support of this application it has been contended by the Learned Advocate of the petitioners;(a) The Court put some questions to the Investigating Officer of the case as to whether the P.W. 3 and P.W. 6 made any statement to him for further demand of dowry by the accused persons although no such allegation was made by the said witnesses in their evidence.(b) The Court made attempt to bring into records inadmissible evidence, namely, what have been allegedly stated by the witnesses to the police.(c)...
Smt. Ujwal Kaur and ors. Vs. Sri Subhash Chandra Agarwalla and anr.
Court: Kolkata
Decided on: Apr-07-2010
Jyotirmay Bhattacharya, J.1. The plaintiffs' application for amendment of plaint was allowed by the learned Trial Judge vide order dated 4th may, 2009 passed in Title Suit No. 141 of 1997. The defendants are aggrieved by the said order. Hence, the defendants have come before this Court with this application under Article 227 of the Constitution of India for challenging the propriety of the said order.2. Heard Mr. Bhattacharya, learned Advocate appearing for the petitioners and Mr. Thakkar, learned Advocate appearing for the opposite parties. Considered the materials on record, including the order impugned.Let me now consider as to how far the learned Trial Judge was justified in passing the impugned order in the facts of the instant case.3. The plaintiffs filed a suit for specific performance of contract against the defendant herein. It was stated by the plaintiff in the plaint that originally in 1993 all the surviving heirs of late S. Mohan Singh, namely, six branches of co-sharers jo...
Newport Express Services Private Limited and ors. Vs. the State of Wes ...
Court: Kolkata
Decided on: Apr-07-2010
Ashim Kumar Roy, J.1. Since in both the aforesaid criminal revisions, a common question of law arises for decision, the same were taken up for hearing together.Against the petitioners, two separate criminal cases relating to the offence punishable under Section 138 of the Negotiable Instruments Act were instituted on complaints at the behest of the opposite party.2. The petitioners have now, approached this Court for quashing of the said complaint cases on the sole ground, although the payee was 'Freight Systems (India) Private Limited' but the petition of complaint has been filed describing the complainant as 'Freight Systems (India) Limited'.3. Appearing in support of this application, Mr. Jay Sengupta, Learned Counsel for the petitioners, vehemently contended that only the payee can lodge a complaint under Section 138 of the Negotiable Instruments Act and none else. Therefore, the impugned complaints being not in accordance with law is liable to be quashed.On the other hand, both th...
Sk. Khelafat Mojhi Vs. the State of West Bengal
Court: Kolkata
Decided on: Apr-07-2010
Ashim Kumar Roy, J.1. The present petitioner is facing his trial of an offence punishable under Section 376 of the Indian Peal Code before the Learned Additional District & Sessions Judge, Fast Track 2nd Court, Uluberia, Howrah. In course of such trial, the statement of the victim girl recorded under Section 164 of the Code of Criminal Procedure was tendered by the Investigating Officer of the case and was marked as Exhibit-9. However, defence raised an objection to that on the ground no statement under Section 164 of the Code can be marked exhibit and be admitted into evidence without the Learned Magistrate concerned who recorded such statement being examined in Court. The Learned Trial Court rejected such objection. Hence, this Criminal Revision.2. Heard Mr. Rabindra Nath Pal, Learned Counsel appearing for the petitioner, Mr. Debabrata Roy, Learned Counsel appearing for the State as well as Mr. Manjit Singh, appearing as Amicus Curiae.3. In this case, the short question that arises f...
Dilip Halder Vs. Gobinda Majhi
Court: Kolkata
Decided on: Apr-07-2010
Jyotirmay Bhattacharya, J.1. The admissibility of an unregistered agreement of tenancy in perpetuity into evidence was challenged by the plaintiff before the learned Trial Judge. The learned Trial Judge refused to admit the said document into evidence by accepting the contention of the plaintiff.2. The defendant is aggrieved by the said order. Hence, he has filed this application under Article 227 of the Constitution of India before this Court.Heard Mr. Das, learned Advocate for the petitioner and Mr. Bhattacharya, learned Advocate appearing for the opposite party. Considered the materials on record including the impugned order.Let me now consider as to how far the learned Trial Judge was justified in passing the impugned order in the facts of the instant case.3. The defendant wanted to prove the tenancy agreement dated 15th December, 1997 by evidence. By the said agreement a tenancy was created in favour of the petitioner in perpetuity by the plaintiff/opposite party herein. Under the...
Uttam Rajbangshi and ors. Vs. the State of West Bengal
Court: Kolkata
Decided on: Apr-05-2010
Ashim Kumar Banerjee, J.1. On November 6, 2000 Beranu Rajbanshi was found dead lying on the courtyard of his own house on the bank of Fulbari Kuchiamari Pukur under Gazole Police Station in the district of Malda. On the said day at about 7 a.m. in the morning Tapan Saha, a villager informed the police that Beranu was lying dead in his house.2. The police immediately rushed to the place and removed the dead body and sent it for post mortem examination after preparing the inquest report. The police arrested the close relatives of Beranu being his wife Sahani Rajbanshi, his son Khusen, his son in-law Uttam Rajbanshi and one Kalipada Kanshari, a friend of Uttam.3. PW-1, Naren Rajbanshi, the brother of Beranu deposed that there had been a long dispute between Beranu and Sahani with regard to immovable property. Beranu left his house and constructed a new house where he was living alone. On November 5, 2000 Sahani invited Beranu for dinner. They drunk together. There had been a quarrel betwe...
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