Kolkata Court June 2010 Judgments
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Ashish Bhowmik and anr. Vs. Tapasi Bhowmik and anr.
Court: Kolkata
Decided on: Jun-30-2010
Prasenjit Mandal, J.1. This application under Article 227 of the Constitution of India is at the instance of the husband's brother and his mother against the wife and is directed against the order dated December 4, 2008 passed by the learned Additional Sessions Judge, First Court, Barasat, District - North 24 Parganas in Criminal Appeal No. 13 of 2008 arising out of the order dated August 26, 2008 passed by the learned Chief Judicial Magistrate, Barasat, District - North 24 Parganas in C. Case No. 864 of 2008.2. The wife/opposite party was married to Debasish Bhowmik, elder brother of the petitioner No. 1 and son of the petitioner No. 2. After marriage, they lived together and one daughter was born in the wedlock. The husband expired on November 20, 2007 and after his demise, the petitioners subjected the wife to torture and ultimately the wife was sent to her father's house along with the minor daughter. The husband was an LIC agent. So after death of the husband, the wife is entitled...
Jayanta Halder Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-30-2010
Prasenjit Mandal, J.1. This application under Section 482 of the Code of Criminal Procedure, 1973 is at the instance of a constituted attorney of M/s. Shriram Transport Finance Company Limited and is directed against the order dated 19.03.2009 passed by the learned Additional Chief Judicial Magistrate, Barrackpore, District - North 24 Parganas in G.R. Case No. 236 of 2007.2. The short fact of the case is that the petitioner has been appointed custodian of the two vehicles by the Hon'ble Arbitral Tribunal in March, 2007. The petitioner purchased two vehicles and agreements were held between the petitioner on the one side and the opposite party No. 2 & 3 on the other side in September, 2006 for letting out the said two vehicles on the basis of loan cum hypothecation on terms and conditions as contained in the agreements dated September 14, 2006 between them. The opposite party No. 1 is the loanee and the opposite party No. 2 is the guarantor of the transactions. There was an arbitration ...
Subhasish Ganguly Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-30-2010
Prasenjit Mandal, J.1. This is an application under Section 482 of the Code of Criminal Procedure, 1973 praying for re-investigation of the G.R. Case No. 781 of 2007 pending before the learned Additional Chief Metropolitan Magistrate, Calcutta, by another investigating agency other than the previous investigation agency.2. The short fact of the case is that the petitioner was married to one Chaitali Ganguly on 08.05.2002 by way of registration under the Special Marriage Act, 1954. Thereafter a social marriage was held between the two on 24.07.2002. After the marriage, both the parties began to reside together at the house of the husband. The petitioner/husband noticed that his wife is very adamant, idle nature, rude in speech, etc. She disclosed that she was forced to marry with the petitioner by her father and that the marriage was performed against her will. One child was born in the wedlock but the difference between the two continued. Ultimately, on 03.02.2005 the wife left her mat...
Akram Khan and ors. Vs. the State of West Bengal
Court: Kolkata
Decided on: Jun-29-2010
S.P. Talukdar, J.1. Seven accused persons namely Md. Javed, Afzal Khan, Akram Khan, Md. Kalim, @ Kaloo, Md. Zakir Khan, Md. Dilshad and Md. Mehetab were found guilty to the charge under Section 364A as well as Section 120B of IPC and they were convicted accordingly.2. By order dated 18th February, 2006 learned Trial Court sentenced all of them to imprisonment for life and to pay a fine of Rs. 5000/- each, in default to suffer imprisonment for a further period of one year for commission of the offence under Section 364A IPC. They were also sentenced to suffer imprisonment for life and to pay a fine of Rs. 3000/- each, in default, to suffer imprisonment for a further period of one year for commission of the offence under Section 120B IPC. Sentences were to run concurrently.3. The said Judgment and order of conviction and sentence passed by the learned Trial Court in the case being SC No. 80 of 2000 [ST No. 4(3) of 2001] are under challenge in this appeal.4. The prosecution case relates t...
Balak Nath Mondal and anr. Vs. State of West Bengal
Court: Kolkata
Decided on: Jun-29-2010
Prasenjit Mandal, J.1. This application under Sections 397/401/482 of the Code of Criminal Procedure, 1973 is at the instance of the accused persons and is directed against the order No. 13 dated 22.09.1993 passed by the learned Additional Sessions Judge, Birbhum in Sessions Case No. 83 of 1992.2. The fact of the case in short is that the petitioner No. 1 owns a sand quarry at Patharchal, under P.S. Md. Bazar, District - Birbhum and the petitioner No. 2 is his friend. One Rustam Sheikh, night guard of the quarry of the petitioner No. 1, lodged an FIR with the Md. Bazar P.S. to the effect that on 24.06.1990 at 10.30 p.m. while he along with other persons and some 10/12 female labourers were also returning from the 'Rathmela' of Ganpur under P.S. Md. Bazar, three unknown persons attacked him and he sustained severe injuries on his face just beside his left eye and on the belly. On that day at night while they were moving in the 'Rathmela' he noticed the petitioner No. 1, his friend, peti...
Gour Seal Vs. the State of West Bengal
Court: Kolkata
Decided on: Jun-29-2010
Sailendra Prasad Talukdar, J. 1. This appeal is directed against the judgment and order dated 5th December, 1997 passed by the learned First Court of Additional Sessions Judge, Hawrah. The learned Trial Court by the said judgment held six accused persons guilty of the offences under Section 148 and Section 302 of the Indian Penal Code. They were accordingly sentenced to suffer imprisonment for life for the offence under Section 302 of Indian Penal Code. Each of them was also directed to pay fine of Rs. 1000/-, in default, to suffer imprisonment for a further period of one year.2. The convicts were sentenced to suffer rigorous imprisonment for two years for the offence under Section 148 of Indian Penal Code. The learned Trial Court directed that such sentences, however, are to run concurrently.4. Being aggrieved by the said judgment and order dated 05.12.1997, the appellants approached this Court by filing this appeal.5. Mr. Adhya, appearing as learned Counsel for the present appellant,...
Tapan Kumar Panja Vs. the State of West Bengal
Court: Kolkata
Decided on: Jun-29-2010
S.P. Talukdar, J.1. One Gour Hari Patra lodged a written complaint before the Officer-in-Charge, Daspur Police Station alleging therein that his daughter, Kajal @ Radharani, was subjected to torture by her husband and parents-in-law within a few days of her marriage, which took place on 14th of Asar 1389 B.S. Being unable to bear with such physical and mental torture, she used to come back to her father's house every now and then. After she finally left her in law's place, her husband, Tapan, forcibly took her from a cinema hall, named, 'Sarala' on 14th of May, 1985. After taking to their place they inflicted further torture upon her. On the next morning, she committed suicide at her husband's place by consuming poison.2. On the basis of such written complaint, the police authority started Daspur P.S. Case No. 4 dated 24th August, 1985 under Sections 498A/306 of I.P.C. After completion of investigation, charge sheet was submitted. The case was, thereafter, committed to the learned Cour...
Kanti Das @ Kanti Ranjan Das and anr. Vs. the State of West Bengal and ...
Court: Kolkata
Decided on: Jun-29-2010
Prasenjit Mandal, J.1. This application under Section 482 of the Code of Criminal Procedure, 1973 is at the instance of opposite parties of a proceeding under Section 133 of the Cr. P.C., 1973, and is directed against the order dated 27.02.2007 passed by the learned Sessions Judge, Jalpaiguri in Criminal Revision No. 4 of 2007 thereby rejecting the revisional application filed by the petitioners.2. The fact of the case in short is that on the basis of a mass petition filed by some persons of the locality alleging that the petitioners are illegally occupying a portion of the land belonging to the municipality, the executive magistrate called for a report from the B.L. & L.R.O. regarding the status of the land. The magistrate also issued a notice upon the opposite parties to file a written objection as to why the proceeding under Section 133 of the Cr. P.C. should not be drawn up against them. Thereafter the magistrate directed the B.L. & L.R.O. to demarcate the entire land in case in pr...
Bhilai Wires Limited Vs. Bharat Sanchar Nigam Ltd.
Court: Kolkata
Decided on: Jun-29-2010
Ashim Kumar Banerjee, J.1. FACTS:1. On perusal of the pleadings as well as documents disclosed in the proceedings before the arbitrator as well as before the learned Single Judge and included in paper book it appears that the parties agreed to have a business transaction under which the appellant would supply to the respondent wire required for telecommunication purpose. The facts reveal that the respondent issued a purchase order on December 5, 1985 as would appear from page 55 onwards of the paper book. The appellant contended before us that the agreement dated December 5, 1985 was the parent agreement under which different purchase orders were issued being one on December 5, 1985 followed by three others dated September 1, 1986, May 27, 1987 and March 7, 1988 respectively. The respondent, however, contended that all those four purchase orders were distinct and would constitute a separate agreement and had no connection with the first agreement dated December 5, 1985. Under the contr...
Rabinder Yadav @ Gope Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Jun-29-2010
Prasenjit Mandal, J.1. This application under Section 401 read with Section 397 and Section 482 of the Code of Criminal Procedure, 1973 is at the instance of a husband of a maintenance proceeding and is directed against the judgment and order dated 05.03.2009 passed by the learned Additional Sessions Judge, Fourth Court, Paschim Medinipur in Criminal Revision No. 105 of 2008 arising out of a maintenance proceeding bearing M.R. Case No. 358 of 1998 thereby allowing the revisional application with order of remand. The learned Additional Sessions Judge also granted ad interim maintenance at the rate of Rs. 1,500/- per month to the wife payable within 10th of each month. Being aggrieved by such order of the learned Additional Sessions Judge, the husband has preferred this application.2. The fact of the case leading to the filing of this application is that the marriage of the husband and wife (opposite party No. 2) was solemnised on 03.03.1992 according to Hindu rites and customs. After ma...
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