Kolkata Court August 2012 Judgments
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Bally Jute Company Ltd. and Another Vs. Director of Industries, West B ...
Court: Kolkata
Decided on: Aug-02-2012
Ashoke Kumar Dasadhikari, J. Both the writ petitions being matter W.P. No.445 of 2011, filed by Bally Jute Company Limited and Anr., and other matter W.P. No.447 of 2011 made by Usha Corporation Limited are taken together since the issue involved in those two cases are same. The petitioners in both the said writ petitions are contending that they are large Industrial units and they are eligible to apply for incentive since they are covered under “the West Bengal Incentive Scheme, 2004” formulated by the Government of West Bengal in 2004 and effective from 1st April, 2004 till 31st March, 2009. Under no circumstances the new notification dated 26th April, 2008 published on 17th June, 2008 and/or 2008 Scheme published on 26th April, 2009 before 31st March, 2009 is applicable to them. It is submitted that the writ petitioners made applications for registration under West Bengal Incentive Scheme, 2004 during May, 2008 for getting benefit of the 2004 Scheme which remained effect...
Bengal Immunity Limited (In Liquidation) and Another Vs. the Official ...
Court: Kolkata
Decided on: Aug-02-2012
Patherya, J. Two applications have been filed by the Union of India, the 100% shareholder in Bengal Immunity Ltd. (BIL) for stay of the winding up order dated 6th July, 2005 and for setting aside the order dated 1st March, 2006 and modification of the order dated 24th March, 2006. Case of the Applicant The case of the applicant contributory is that a reference was filed before the Board for Industrial and Financial Reconstruction (BIFR) in 1992. An order was passed on 25th February, 2003 recommending winding up of the Company (in liquidation). An appeal was filed by the Workers’ Union before the Appellate Authority (AAIFR). Such appeal was dismissed on 13th May, 2005 and thereafter restored and order passed setting aside the order recommending winding up passed by BIFR. Prior to the order of AAIFR the matter was placed under Section 20 of the 1985 Act before the Company Court and by order dated 6th July, 2005 an order of winding up was passed. The applicant seeks stay of the wind...
Pinky Das @ Rehana Khatoon @ Rina Mitra Vs. the State of West Bengal
Court: Kolkata
Decided on: Aug-02-2012
Kanchan Chakraborty, J. The challenge in this appeal is to the judgment dated 26.05.2010 passed by the learned Additional District and Sessions Judge, Fast Track Court No. 9, Bichar Bhawan, Calcutta in Sessions Trial No. 1 (1) of 2010 (corresponding to Sessions Case No. 117 of 2009) thereby convicting the appellant for commission of offences punishable under Sections 372/373/34 of the Indian Penal Code and sentencing her to undergo rigorous imprisonment for seven years for both the offences under Sections 372 and 373 of the Indian Penal Code and to pay fine. The factual aspects of the prosecution case, on the basis of which the trial commenced in the learned Trial Court, in short, is stated below: On 29.08.2009, Dilip Kumar Ghosal, S.I., I.T. Section of Detective Department, submitted a report before the Deputy Commissioner of Police, Detective Department, Lalbazar, Kolkata stating therein that on the self same date at about 11.25 hours, a woman called up at this office of I.T. Section...
Sir Biswanath Dolui Vs. the State of West Bengal
Court: Kolkata
Decided on: Aug-02-2012
Dipak Saha Ray, J. The present case arises out of an application under Section 397/401/482 of the Code of Criminal Procedure, 1973. It is directed against the order dt. 30.05.2011 passed by the Ld. Judicial Magistrate, 1st class, Amta, Howrah in complaint case No. 56C of 2011 dismissing the complaint under Section 203 of the Code of Criminal Procedure. The relevant facts of the present case are, in a nutshell, as follows: The petitioner herein filed a complaint alleging inter alia therein that the accused persons being armed with lathi, bamboos etc. assaulted the complainant and the members of his family. And accordingly he lodged general diary with the Amta Police Station on 11.11.2010 and thereafter they got themselves treated medically by the doctor of Amta Rural Hospital. Subsequently, on 15.11.2010 the complainant filed complaint before the Ld. Judicial Magistrate, Amta, Howrah, which was registered as complaint case No. 56C of 2010. The Ld. Magistrate on receiving the said compla...
Smt. Tara Chatterjee Vs. P.R. Dasgupta and Another
Court: Kolkata
Decided on: Aug-02-2012
Prasenjit Mandal, J. This second appeal is directed against the judgment and decree dated May 23, 1986 passed by the learned Assistant District Judge, 4th Court, Alipore in Title Appeal No.748 of 1985 thereby reversing the judgment and decree dated July 24, 1985 passed by the learned Munsif, 2nd Court, Alipore in Title Suit No.61 of 1980. The plaintiff/appellant herein instituted the Title Suit No.61 of 1980 for ejectment, mesne profits and other reliefs against the defendant/respondent herein from the premises in suit on the ground of efflux of time as provided in Section 111(a) of the Transfer of Property Act. According to the plaint case, in short, a registered Deed of Lease for 21 years was executed between the original lessor and the defendant/respondent on March 28, 1959, effective from February 1, 1959 with the option to the lessee to surrender the lease after the expiration of 3 years on giving the lessor a 3 calendar month notice in writing. The said lease deed was registered ...
indranath Barman Alias RabIn Vs. the State of West Bengal
Court: Kolkata
Decided on: Aug-01-2012
Kanchan Chakraborty, J. 1. This appeal is directed against a judgement and order dated 24.2.2010 passed by the learned Additional Sessions Judge, Fast Track Court No. 3, Siliguri in Sessions Trial no. 16 of 1008 thereby convicting the appellant for committing offence punishable under Section 326 and 307 of the Indian Penal Code and sentencing him to suffer R.I. for 3 years and 7 years, respectively with fine. 2. On 20.6.2007, at 7.45, hours Bhabesh Chandra Ray lodged one F.I.R with Kharibari Police Station alleging therein that on 19.6.2007, at about 10.30 P.M., Indranath Barman (Appellant) attacked his daughter Lata Ray with deadly weapon when she was proceeding towards latrine and, as a result, she sustained serious bleeding injureis on her head and other parts of her body and that soon after the incident, on the protest of Bhabesh Chandra Ray, Indranath Barman (Appellant) fled away from the spot. Lata Ray was taken to Naxalbari Rural Hospital for her treatment. Initially a G.D. entr...
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