Kolkata Court July 2010 Judgments
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Buka @ Ramnath Karmakar Vs. the State of West Bengal
Court: Kolkata
Decided on: Jul-15-2010
Ashim Kumar Banerjee, J.1. Facts:Buka @ Ramnath Karmakar was the step brother of Amulya Karmakar. The victim Amulya Karmakar was well-known for his choreography in Chhou Dance. He had his own team wherefrom he was driven out. He was quarrelsome and used to be under influence of liquor. On March 9, 2003, the family members of Amulya and Buka were away from the village to attend a relative's wedding. Both of them were alone in the house. On a trifle issue on the question of lending of the bicycle belonging to Amulya, they caught up a quarrel. Buka hit Amulya with Chhar (thin iron rod). Amulya succumbed to the injury. Out of fear, Buka fled away from the place of occurrence. He went to PW-8 for shelter who refused to give him shelter and asked him to surrender before the police. According to PW-8 Buka made an extra judicial confession before them (PW-8 to 11). One Tapan Mahato, a villager being PW-1 lodged an FIR with the Police. The Police took cognizance and arrested Buka after three/fo...
Bishnupada Sarkar and anr. Vs. the State of West Bengal
Court: Kolkata
Decided on: Jul-15-2010
Ashim Kumar Banerjee, J.1. Facts:This case relates to a most unfortunate incident where on a trifle issue the victim had to pay heavy cost by losing his life.The victim was a resident of Jagatdal. He was working as Income Tax Inspector at the relevant time. His son Debabrata Majumder, PW-1 as well as complainant was nineteen years of age. On May 21, 2001 at about 7.00 p.m. a person of the same locality (Sudhir) was found committing nuisance in the open drain in front of the house of the victim. Victim protested, an altercation took place between the victim and the concerned person. On the next day at about 11.30 a.m. the nephew of the said person, Bishnu Sarker came to the victim's house and threatened him. The victim said, he did not do anything wrong. He agreed to 'sort it out'. At 6.00 p.m. in the evening on the same day Madhai Sarker, brother of Bishnu Sarker called the complainant to the slab near the drain and started beating him. The victim was about to go to the market. He inte...
Sri Amalendu Roy Vs. Sri Nirmalendu Roy and anr.
Court: Kolkata
Decided on: Jul-14-2010
Tarun Kumar Gupta, J.1. This revisional application under Article 227 of the Constitution of India is directed against the order No. 34 dated 03 .02.2005 passed by the Civil Judge, (Junior Division), First Court, Ranaghat, in Title Suit No. 179 of 2002 rejecting the application for amendment filed by the plaintiff/petitioner under order 6 Rule 17 of the Code of Civil Procedure.2. Being aggrieved with the said order dated 03.02.2005 the instant revisional application has been filed alleging inter alia that the petitioner/plaintiff filed the said suit for declaration of title and eviction of respondent/defendants being the licensees after termination of licence and that respondent/defendants started to contest the said suit by filing written statement. In the written statement the respondent/defendants being brothers of the present petitioner/plaintiff alleged that the suit property was purchased with the money of their father but the petitioner/plaintiff being the eldest son was entrust...
Sisir Kumar Dutt Vs. Pratima Dutt and ors.
Court: Kolkata
Decided on: Jul-09-2010
Jyotirmay Bhattacharya, J.1. The defendant/petitioner has filed the instant application under Article 227 of the Constitution of India challenging the propriety of an order dated 18th February, 2010 passed by the learned Civil Judge, Senior Division, Fourth Court at Alipore, in Title Suit No. 114 of 2008 by which the defendant's prayer for grant of leave to file additional written statement for raising counter claim under Order 8 Rules 6 and 6A read with Section 151 of the Code of Civil Procedure, was rejected on contest without cost.2. Heard the learned Advocate of the parties. Considered the materials on record including the order impugned.3. Let me consider as to how far the learned Trial Judge was justified in passing the impugned order in the facts of the instance case.4. The plaintiff filed a suit for partition claiming 2/5th share in the suit properties as mentioned in the schedule of the plaint. In fact, partition was initially sought for in respect of only one property being p...
Cesc Limited and ors. Vs. Smt. Sumitra Singh and ors.
Court: Kolkata
Decided on: Jul-09-2010
Bhaskar Bhattacharya, J.1. This Mandamus-Appeal under Clause 15 of the Letters Patent is at the instance of two of the respondents in a writ-application under Article 226 of the Constitution of India and is directed against an order dated 21st August, 1997 passed by a learned Single Judge of this Court by which His Lordship while entertaining a writ-application and passing direction for filing affidavit, passed an interim order directing the appellant No. 1 before us to seal the existing meter of the writ-petitioner in her presence and that of respondent No. 7 in the writ-application and to place the same in the custody of the Chief Electrical Inspector and to install a new meter within 48 hours with further direction to reconnect the electricity.2. Being dissatisfied, the CESC Authority has come up with the present mandamus appeal.3. The respondent No. 1 filed a writ-application under Article 226 of the Constitution of India thereby alleging that although no amount was due and payable...
Motilal Rakshit Vs. Tarasundari Rakshit (Since Deceased) and anr.
Court: Kolkata
Decided on: Jul-09-2010
Jyotirmay Bhattacharya, J.1. In this application the plaintiff/petitioner has prayed for recording the death of the opposite party No. 1 with the noting that the legal representative of the said opposite party No. 1 is already on record as opposite party No. 2.2. The opposite party No. 1 died intestate on 28th February, 2010. A death certificate has also been enclosed to this application. Since the legal representative of the said opposite party is already on record as opposite party No. 2 therein, no formal application for substitution is required to be filed. Accordingly, the application filed by the petitioner for recording the death of the opposite party No. 1, stands allowed. Let the death of the opposite party No. 1 be recorded with a note that the only legal representative of the said opposite is already on record as opposite party No. 2 in the instant revisional application.Re: - C.O. No. 185 of 2009.3. This application under Article 227 of the Constitution of India is directed...
Lawrence and Mayo (India) Pvt. Ltd. Vs. Life Insurance Corporation of ...
Court: Kolkata
Decided on: Jul-09-2010
Jyotirmay Bhattacharya, J.1. This application under Article 227 of the Constitution of India is directed against an order being No. 100 dated 24th June, 2009 passed by the Estate Officer in an eviction proceeding under the Public Premises (Eviction of unauthorized occupants) Act of 1971 being E.O. No. EO/ 19/0878, by which the reliefs claimed by the petitioner in its application, was rejected by the Estate Officer. The petitioner is aggrieved by the said order. Hence the petitioner has come before this Court with this application.2. Heard Mr. Sabyasachi Chowdhuri, learned Advocate, appearing for the petitioner and Mr. Arijit Chowdhuri, learned senior Counsel, appearing for the opposite party No. 1 and Mr. Sen, learned Advocate, appearing for the opposite party No. 3.3. Let me now consider as to how far the Estate Officer was justified in passing the impugned order in the facts of the instant case. Admittedly the Ritz Continental Hotel Limited (In Liquidation) was a lessee in respect of...
Md. Abdul Hannan Kabiraj Vs. Union of India (Uoi) and ors.
Court: Kolkata
Decided on: Jul-07-2010
Debasish Kar Gupta, J.1. This writ application is filed by the petitioner assailing the decision of the respondent authority to give promotion to the petitioner to the post of Assistant Sub-Inspector without taking into consideration the date of his ad hoc promotion.2. The petitioner was initially appointed to the post of Constable in Railway Protection Force under Eastern Railway with effect from June 16, 1973. He was promoted to the post of Head Constable in the year 1984. On December 21, 1984 he was transferred to Metro Railway. By an order dated September 23, 1996 passed by the respondent No. 4 with due approval of the competent authority, the petitioner was allowed to officiate as Assistant Sub-Inspector on temporary local ad hoc arrangement. Subsequently, by an order dated February 17, 2005 passed by the respondent No. 4 the petitioner was promoted to the rank of Assistant Sub-Inspector under restructuring scheme. The petitioner submitted a representation to the respondent author...
Biplab Hansda @ Dutta Vs. the State of West Bengal
Court: Kolkata
Decided on: Jul-07-2010
Kalidas Mukherjee, J.1. This is an application under Section 397 read with Section 401 of the Code of Criminal Procedure assailing the order dated 09.7.2008 passed by learned Additional Sessions Judge, Fast Track Court (5th Court), Malda in Sessions case No. 243 of 2007.2. Malda P.S. Case No. 114/05 dated 03.6.2005 has been initiated on the basis of a complaint lodged by the victim girl with the I.C. Malda P.S. It has been stated in the complaint that the complainant, a student of class VIII, developed love affairs with the petitioner who was studying in Class XII in the year 2005 and on 28.5.2005 while the complainant was returning home from the school, she met the petitioner and his mother on the way. The mother of the petitioner left the place asking them to come to her house. After the departure of the mother of the petitioner they started gossiping and reached a nearby field. The petitioner with the promise of marriage committed rape upon the victim. The said promise subsequently ...
Corporal Jayabrata Ghatak Vs. Union of India and Others
Court: Armed forces Tribunal AFT Regional Bench Kolkata
Decided on: Jul-07-2010
AS PER HONBLE LT GEN MADAN GOPAL, MEMBER (ADMINISTRATIVE) 1. The petitioner, Corporal (Cpl) Jayabrata Ghatak of the Indian Air Force has filed this Writ Petition seeking the Courts intervention to obtain NO OBJECTION CERTIFICATE (NOC) from the Air Force to take an assignment with the State Govt. of West Bengal in the post of Sub Inspector / Sergeant. The request for the NOC by the applicant was rejected by the Air Headquarters, the competent sanctioning authority. 2. Details of the case are covered in the succeeding paragraphs. 3. Based on AFO 03/2005, wherein it states that an Airman with minimum seven years service can apply for a suitable job in the Central Govt. / State Govt. / PSUs. This AFO also lays down the procedures and conditions as to how an applicant has to forward his application. Accordingly, the applicant, based on this AFO and an advertisement by the Govt of West Bengal in the Ananda Bazar Patrika dated 31st December 2006; wherein they had called for suitable candid...
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