Kolkata Court June 2010 Judgments
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Manas @ Dhurjoti Saha and ors. Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jun-29-2010
S.P. Talukdar, J.1. Two persons, namely Swapan Halder and Gopal Naskar, were found dead on 16th January, 2000 at 2.00 p.m. at village Earpur, P.S. Usthi, Diamond Harbour, District 24 Parganas (South). Post mortem examination was held. According to the opinion of the doctor, death was due to shock and hemorrhage caused by the various injuries as described in such report and the same were ante mortem and homicidal in nature.2. As many as eight accused persons were tried for the offence under Section 304 (PartI) read with Section 34 of the Indian Penal Code. Prosecution in order to discharge the burden of establishing the guilt of the accused persons examined as many as 13 witnesses. The accused persons during their respective examination under Section 313 of the Code of Criminal Procedure pleaded innocence and denied the allegations as made by the witnesses for the prosecution.3. Two witnesses were examined on behalf of the defence.4. Learned trial court after taking into consideration a...
Sha-san Infrastructures Pvt. Ltd. Vs. Thakur Corner Byabsayee Kalyan S ...
Court: Kolkata
Decided on: Jun-29-2010
Jyotirmay Bhattacharya, J.Re: C.O. No. 534 of 20101. By the impugned order dated 6th January, 2010 passed by the learned Civil Judge, Junior Division, Fourth Court at Sealdah in Title Suit No. 243 of 2008, the defendant's application under Order 7 Rule 11 of the Civil Procedure Code was rejected by the learned Trial Judge. The defendant No. 8 is aggrieved by the said order. Hence the said defendant has come before this Court with this application under Article 227 of the Constitution of India.2. Heard Mr. Mukherjee, learned Senior Counsel, appearing for the petitioner and Mr. Banerjee, learned Senior Counsel, appearing for the opposite party. Considered the materials on record including the order impugned. Let me now consider the merit of the impugned order in the facts of the instant case.3. The plaintiff is a registered Society. The plaintiff filed the suit for declaration of the lawful right of its members over the suit property and for a further declaration that the deed of conveya...
Md. Siraj Vs. the State of West Bengal and anr.
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 the accused person and is directed against the Amherst Street P.S. FIR No. 251 10.11.2005 under Section 420/120B of the I.P.C. corresponding to G.R. Case No. 1379 of 2005 arising out of a petition of complaint bearing No. C 949 of 2005 sent to the P.S. under Section 156(3) of the Code of Criminal Procedure.2. The fact leading to the fling of this application is that the predecessor-in-interest of the petitioner was the owner in respect of some plots of lands and by demise of the predecessor-in-interest, the petitioner became the owner in respect of some portion of the land. The petitioner decided to sell his land and Maniruddin Munshi and Lutfonnahar expressed their willingness to purchase the aforesaid land of the petitioner. The price was settled at the rate of Rs. 3,50,000/- per cottah. The intending purchasers paid a sum of Rs. 5,00,001/- as advance money and the ...
Sourendra Nath Mukherjee Vs. Suparna Chakraborty
Court: Kolkata
Decided on: Jun-29-2010
Jyotirmay Bhattacharya, J.1. This application under Article 227 of the Constitution of India is directed against an order being No. 116 dated 10th February, 2010 passed by the Learned Judge, Fast Track Court, Seventh Court at Alipore, in Matrimonial Suit No. 36 of 2006 by which all further proceeding of the said Matrimonial Suit was stayed till realization of the arrear amount of the maintenance of the child accumulated due to non-payment of the cost of maintenance of the child as per the order of the Trial Court, which was affirmed in revision by this High Court. The plaintiff (husband) is aggrieved by the said order. Hence he has come before this Court with this application.2. Heard Mr. Ray Chowdhury, learned Senior Counsel, appearing for the petitioner and Mr. Chatterjee, learned Senior Counsel, appearing for the opposite party. Considered the materials on record including the order impugned.3. Let me now consider as to how far the learned Trial Judge was justified in passing the im...
Nissan Developer and Properties Pvt. Ltd. and ors. Vs. State of West B ...
Court: Kolkata
Decided on: Jun-29-2010
Prasenjit Mandal, J.1. This is an application under Sections 397/401/482 of the Code of Criminal Procedure, 1973 praying for quashing the proceeding being No. C-3256 of 2006 dated 21.04.2006 of the Shakespeare Sarani P.S. FIR No. 201 dated 18.06.2006 under Sections 420B/420/406/467/468/471 of the I.P.C. pending before the learned Chief Metropolitan Magistrate, Calcutta.2. The petitioners are the accused persons in the complaint case lodged by the opposite party No. 2. The allegations of the opposite party No. 2 is that in October, 2003 he booked a flat and a covered car parking space at Rabindrapally, P.O. Krishnapur at a cost of Rs. 17,51,000/-. An agreement was executed for that purpose. The opposite party No. 2 paid full payment and he was put in possession of the flat by the petitioners. But when the opposite party No. 2 asked the petitioners to make registration of the flat in his favour, the petitioners did not agree and began to pass times on one plea or other. The flat was book...
Dr. Tapas Roy Chowdhury Vs. the State of West Bengal
Court: Kolkata
Decided on: Jun-29-2010
S.P. Talukdar, J.1. The petitioner, Dr. Tapas Roy Chowdhury, by filing the instant application under Section 401 read with Section 482 of the Code of Criminal Procedure, has sought for setting aside of the order dated 8th May, 2007 passed by ld. 12th Court of the Metropolitan Magistrate, Kolkata, in connection with K2/D.D. Case No. 84 of 2004 under Section 304A of the Indian Penal Code.2. Learned Court by the said order dismissed the application filed by the petitioner for his discharge.3. Grievances of the petitioner may briefly be stated as follows:The petitioner is a reputed cardiac surgeon with many achievements and distinction. He treated one Priyanko Mukherjee, son of Aloke Kumar Mukherjee, during the period from 13th April, 1989 to 28th May, 1997. On 18th July, 2003, the said Priyanko Mukherjee, six years after being treated by the petitioner, expired. On the basis of a written complaint filed by the said Aloke Kumar Mukherjee, Shakespeare Sarani Police Station started a case be...
V.K. Udyog Limited Vs. the Owners and Parties Interested in the Vessel ...
Court: Kolkata
Decided on: Jun-24-2010
Sanjib Banerjee, J.1. The time-charterer of the vessel, who had furnished security to enable M.V. Eugenie to leave these shores, has applied for dismissal of the admiralty action on the principal ground that the plaintiff has no cause of action against the owners of the vessel and the plaint discloses none. Three ancillary grounds of challenge have also been maintained that need to be noticed after the basic facts are recorded.2. The petitioning time-charterer, Vasteast International Pte Ltd of Singapore, entered into a voyage-charter with Rainbow Sky Shipping Ltd. for carrying the voyage-charterer's cargo of 26,000 mt. of iron ore fines from either Haldia or Paradip to the discharge ports specified in the charterparty. The plaintiff had entered into an agreement with Golden World Enterprise Ltd of Hong Kong for sale of 28,000 mt. of iron ore at a price of US $ 84 per mt. free on board. The Hong Kong buyer of the plaintiff's goods was to arrange for a vessel to receive the cargo at the...
Fatema Bibi Vs. Ali HossaIn Mondal
Court: Kolkata
Decided on: Jun-23-2010
Prasenjit Mandal, J.1. This application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 has arisen out of an order dated 18.04.2009 passed by the learned Judicial Magistrate, Kalyani, District - Nadia in Misc. Case No. 47 of 2007 under Section 125 of the Cr.P.C., 1973 by directing the husband/opposite party to pay a sum of Rs. 200/- per month for herself and Rs. 200/- per month more for her minor daughter as interim maintenance from the date of the order. Being the aggrieved by the said order, the wife has preferred this revisional application.2. The fact of the case is that by the impugned order, the learned Magistrate observed, prima facie, that there was a legal marriage between the parties. One daughter was born in the wedlock. The husband and other members of his house subjected the petitioner/wife to torture both, physically and mentally. Then, on 16.03.2007 they drove the petitioner along with the child from their house. The wife had to take shelt...
Smt. Arati Naskar Vs. Sri Keshorimohan Naskar
Court: Kolkata
Decided on: Jun-23-2010
Prasenjit Mandal, J.1. This is application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 arising out of an order dated 27.12.2005 passed by the learned Judicial Magistrate, Second Court, Diamond Harbour, District - South 24 Parganas in Misc. Case No. 282 of 2003 thereby allowing the maintenance in favour of the wife at the rate of Rs. 1,250/- per month from the date of filing of the application under Section 125 of the Cr.P.C. Being aggrieved by the said order of maintenance, the wife has preferred this revisional application.2. The fact leading to the filing of the revisional application is that the wife/petitioner filed an application under Section 125 of the Cr.P.C. against the husband/opposite party before the learned Additional Chief Judicial Magistrate, Diamond Harbour praying for maintenance in favour of the wife at the rate of Rs. 1,500/- per month for herself and Rs. 1,500/- per month for each of her two children, thus, totalling Rs. 4,500/- p...
Tata Aig Life Insurance Company Vs. Abn Amro Bank N.V. and anr.
Court: Kolkata
Decided on: Jun-23-2010
Prasenjit Mandal, J.1. This criminal revision has been filed under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973 praying for quashing the entire proceeding in respect of the petitioner in case number C-39938 of 2009 and the order dated 14.08.2009 passed by the learned Metropolitan Magistrate, Calcutta in the said case No. C-39938 of 2009.2. The facts leading to the filing of the revisional application are that the ABN Amro Bank N.V. filed a petition of complaint against Mr. Prosenjit Mukherjee and the Regional Sales Manager, Tata AIG Life Insurance Company and his men and agents at the said office at Shakespeare Sarani, A.C. Market, Calcutta - 700 071 stating, inter alia, that the complainant-bank carries on banking business including extending loan under different schemes to the intending customers. Accused No. 1 / Prosenjit Mukherjee was allowed to avail a credit card facility under the category of 'Platinum Credit Card' having a total credit limit of Rs. ...
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