Court : Armed forces Tribunal AFT Regional Bench Kolkata
Sadhan Kumar Gupta, Member (Judicial) 1. This original application has been preferred by the applicant praying for setting aside the order dt. 5.10.2004 passed by the respondent No. 3 in connection with the summary court martial proceedings, awarding sentence of dismissal of the applicant from the service. 2. The case of the applicant is that he was appointed as Radio Operator in the Army and in connection with the said job, he was posted at various places and was discharging his duties to the satisfaction of his superior officers. In the month of March 2000, the applicant joined in the post of Lance Naik (Radio Operator) at Panagarh, West Bengal. While he was posted as such, in the month of September 2004, a proceeding of summary court martial was initiated against him pursuant to the report dt. 30-31/8/2004, as submitted at the Station Workshop, Panagarh by one minor boy, viz. Master N. Praveen son of Shri M.M.Umapathi. 3. Pursuant to the said complaint, statements of the victim and ...
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1. This application is directed against the Order No.24 dated June 9, 2009 passed by the learned Civil Judge (Junior Division), Ghatal, Paschim Medinipur in Title Suit No.80 of 2007 thereby rejecting an application dated March 13, 2009 filed by the defendant for reference. 2. The short fact necessary for the purpose of disposal of this application is that the opposite party nos.1 to 14 filed the instant suit being Title Suit No.80 of 2007 for declaration of title, injunction and other reliefs against the defendant no.1 and other proforma defendants before the learned Civil Judge (Junior Division), Ghatal. 3. The defendant / petitioner herein entered appearance in the said suit and he is contesting the suit by filing a written statement controverting all the material allegations raised by the plaintiffs in their suit. It is the specific contention of the defendant that he was an Agricultural Labourer under Late Anil Sannasi and for his act of labour, the ...
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1. All the case indicated above have arisen on account of registration of Noonmati P.S.Case No.127/2011 U/ss. 120(B)/306 IPC on the basis of the FIR lodged by Dr.Pranjal Bharali with the Officer-in-charge, Noonmati P.S., on 24.4.2011 on account of commission of suicide by his wife, namely, Monalisa Bharali on the night of 22.4.11. 2. Since the facts involves in all the 3 cases are similar and the relief(s) sough for being also similar, all the cases are taken up together for disposal by this common order. We have heard learned counsel for the petitioners in each of the cases and Mr. B.B.Gogoi, learned Addl. P.P.Assam for the State respondent. It is also to be mentioned here that a similar FIR was also filed with the Officer-in-charge, Noonmati P.S. by the eldest daughter of Dr. Pranjal Bharali, the first informant on account of death of her mother, Monalisa Bharali on the night of 22.4.11. 3. Both the FIRs having been received, a similar case number was recorded and registered U/s. 120...
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1. Heard the learned Counsel appearing for the petitioner as well as the learned Counsel appearing for the State. Perused the case diary. The petitioner is seeking bail in connection with a case relating to the offences punishable under Sections 363/366A/372 of the Indian Penal Code, where the age of the victim girl is only 14 years. It is submitted by the learned Counsel for the petitioner although from the materials collected by the police during the investigation it transpired that one Raja is the principal accused but police has prayed for his discharge from the case.2. On the otherhand, the learned Counsel for the State submits that the prosecution never prayed for discharge of the accused Raja and as he was absconding, without submitting the charge-sheet against him a prayer was made before the Court below for filing of supplementary charge-sheet after his arrest. It is further submitted that police is now taking steps for causing his arrest by issuance of proclamation of attachm...
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kolkata
LT GEN K P D Samanta, Member (Administrative): 1. The petitioner, Bikas Krushna Mohanti is a retired Major General from the Army Medical Corps. He was posted as Senior Registrar of Command Hospital, Eastern Command (for short CHEC) with effect from January, 2000 in the rank of Colonel. He subsequently, was promoted to the rank of Brigadier and then to Major General and was awarded Ati Vishisht Seva Medal. He retired on 30th September, 2006 in the rank of Major General. 2. During his tenure in the Command Hospital CHEC, the petitioner was proceeded against through a court of inquiry for causing irregular investment with one Mr. Vinod Juthani of M/s Ridhi-Sidhi Consultant, from Regimental Fund accounts of CHEC pertaining to the period from January 1999 to June 2003. It was an action contrary to the instructions contained in Paragraph 829 of Regulations of Army, 1987 and other relevant instructions (Annexure 1 of the Writ petition). The petitioner along with others was proportionately bla...
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1.This is an application by the appellant claiming that thisCourt should hold an enquiry in order to ascertain as towhether the appellant was a minor on the date of the allegedincident so as to get benefit and protection available to himunder the Juvenile Justice (Care & Protection of Children)Act, 2000.2. Learned counsel appearing for the State submits thatthe Court may pass appropriate orders in the matter.In this case two of the co-accused appellant came to bereleased on interim bail as they moved this Court claimingthat they were juvenile on the date the alleged incident is saidto have been committed. This Court had further directed thatnecessary enquiry be made by the Trial Court and report besent, but except for obtaining the benefit of bail theappellants/co-accused have not taken any further steps inthe matter to get an enquiry conducted by the Trial Court.They have already directed the concerned Court to direct theappellant/co-accused to appear before this Court.Till today, no ...
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1. Heard learned counsel appearing for the petitioner as well asthe learned counsel appearing on behalf of the State.The petitioner having been charge sheeted under Section412/465 and 476 of the Indian Penal Code in connection withNagrakata Police Station Case No. 140 of 2010 has approached thisCourt for bail after he being detained in custody for six months.Now having gone through the case papers we find that he isin no way involved in the commission of the dacoity, but the stolen carwas recovered from his possession.2. Now having gone through the case papers and the materialsavailable there from as against the present petitioner and consideringthe fact that the petitioner has no criminal antecedent in his discreditand his period of detention in custody, we allow his prayer for bail.The applicant/accused be released on bail on furnishing P.R.Bond of Rs. 20,000/- with one surety of like amount. After beingreleased on bail the petitioner is directed to meet the InvestigatingOfficer of t...
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1. This is an application under Section 34 of theIndian Trusts Act seeking the modification of the scheme alreadysanctioned by this Court.All the trustees, beneficiaries and shebaits are represented. Asupplementary affidavit has been filed appending the minutes of themeeting of the trustees, beneficiaries and shebaits held on April 29, 2011.2. Following a particular property of the trust being permitted tobe sold by Court, the proceeds are now available. In terms of the deed oftrust and the scheme as framed by this Court, the beneficiaries are entitled to 7/8th of the income and the deity is entitled to the balance 1/8th. Out of the proceeds from the sale of the property, the entitlement of the deity is about Rs.14 lakh. The petitioners say that if a fixed deposit is made of such amount, 30% of the annual accrual has to be spent on public charity in terms of the trust deed as modified by the scheme framed by this Court.3. The trustees, beneficiaries and shebaits submit that theamount t...
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