Court : Kolkata Appellate
..... on his head. he also referred to rajua, teri and mokhtar standing over there. the witness got corroboration from pw- 7. pw-8 also found the appellants being armed with weapons. he found gama with a blood stain sword fleeing away along with others. he discarded the submission of the defence that pw-6 and 7 were mere ..... hand, there was no necessity for holding test identification parade. ii) there was no delay in lodging the fir. incident occurred on may 23, 1996. the police promptly acted on the basis of the telephonic information received by them. the fir was immediately lodged and despatched to the concerned magistrate on the next day being may 24, 1996. ..... was a member of the crowd assembled there to watch the incident, could not permit the prosecution to implicate him as an accused in absence of any definite overt act. he also contended that no test identification parade was held. mr. bhattacharjee lastly contended that even if this court would rely upon the evidence teri was entitled to .....
Tag this Judgment!Court : Kolkata Appellate
..... in the interest of the company. 49. the action of the company in transferring the petitioner to the sales office at kolkata is without lawful excuse, a deliberate act in disregard of the petitioners right infringing the equal opportunity clause in article 16 and one which could be lebelled as malice in law. therefore, i have no ..... ground of unsuitability without holding an enquiry, and further as to whether by reason of continuous service he is entitled to the benefits of section 25f of the said act. 43. the supreme court in chinnaswamy (supra) was considering as to whether a public officer should be given posting and work commensurate to his status and whether ..... 41(2) of the constitution and therefore the court ought to take notice of the constitutional mandate while interpreting the provisions of chapter v-a of the industrial disputes act, 1947. it may be noted that the court was considering, inter alia, whether a badli worker could be treated as a probationer or a temporary workman and .....
Tag this Judgment!Court : Kolkata Appellate
..... of persons for appointment to the post of non-teaching staff) rules, 2009 should be governed by the earlier recruitment rules of 2005 which were in force when the vacancy arose. 42. the relevant extracts from the aforesaid unreported judgment of the division bench of this court in the case of the secretary ..... first empanelled candidate. 45. the learned counsel of the respondent no.1/writ petitioner submitted that the then district inspector of schools (se), dakshin dinajpur acted in an unseemly and undue haste in approving the panel forwarded by the managing committee. the unusual hasty actions of the managing committee of the concerned ..... of any irregular step taken by the managing committee. 20. mrs. bhattacharyya also submitted that the secretary, school education department, government of west bengal had acted illegally and exceeded his jurisdiction by instructing the director of the school education, west bengal to issue a show-cause notice to the appellantsecretary of the managing .....
Tag this Judgment!Court : Kolkata Appellate
..... and involves extreme brutality; or(b) if the murder involves exceptional depravity; or(c) if the murder is of a member of any of the armed forces of the union or of a member of any police force or of any public servant and was committed (i) while such member of public servant was on duty; or(ii) in consequence of anything ..... the age of the accused. if the accused is young or old, he shall not be sentenced to death.(3) the probability that the accused would not commit criminal acts of violence as would constitute a continuing threat to society.(4) the probability that the accused can be reformed and rehabilitated. the state shall by evidence prove that the accused ..... of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.in the case of gambhir vs. state of maharashtra [air 1982 supreme court 1157] it was observed as follows :the law .....
Tag this Judgment!Court : Kolkata Appellate
..... inquest, sent the dead body for post mortem, seized the bloodstained earth from the place of occurrence and examined the available witnesses. before us one of the very forceful argument for disbelieving the prosecution case against the appellants is this, although after lodging of the fir naming the appellants as the assailants, police came to the spot ..... were returned home together. they were proceeding through rajarampur moram road and as soon as they reached near the house of biren sarkar, these accused and others being armed with various deadly weapons surrounded them from all side and pounced upon maniruddin. the accused entaj sk. first assaulted maniruddin with an iron rod on his right ..... all reasonable doubt and at the same time to see whether decision of the trial court in disbelieving the part of the prosecution case and its refusal to act upon the same was correct. the appellate court is not supposed to blindly accept the findings of the trial court be that in favour of the accused .....
Tag this Judgment!Court : Kolkata Appellate
..... well reasoned and is wholly justified.9. so far as the submissions of the learned advocate of the convict biswajit sadhukhan is concerned, we do not find much force in the same. it was never the prosecution case that this convict kidnapped the victim ria from her residence. therefore, non-mentioning of such fact or absence ..... 3992, where the apex court held, the absence of signature or thumb impression of an accused on the disclosure statement recorded under section 27 of the evidence act detracts materially from the authenticity and the reliability of the disclosure statement, we also kept the exhibit 14 out of our consideration. even though the exhibit 14 ..... thereof. the only part of the information which distinctly relates to the fact, discovered in consequence of such information is admissible under section 27 of the evidence act, although made by an accused during his police custody. in other words, only that part of the disclosure statement that the accused was ready to show the .....
Tag this Judgment!Court : Kolkata Appellate
..... holding can be effective only by registered deed or by decree or order of a court. it was further noted in the said reports that the said section cameinto force in west bengal with effect from 7.6.1965 except in the areas transferred from bihar to west bengal. it will further appear from the said reports that ..... the three sets of persons have been possessing the three holdings separately for a very long time and there would also be a presumption that the municipal authorities have acted in its official capacity and followed the procedures which were required by the statute to be followed before making the relevant entries in its register. section 114 (e) ..... when the partition between the predecessors to the present parties took place, section 14 of the said act was not in operation. in kartick chandra mandals case (supra) the honble supreme court was pleased to observe that the said section came into force in west bengal with effect from 7.6.1965 except in the areas transferred from bihar to .....
Tag this Judgment!Court : Kolkata Appellate
..... said date and before the commencement of this act, shall, notwithstanding anything contrary contained in any judgement, decree or order of any court, tribunal or other authority, be deemed to be, and to have always been, for all purposes, as validly and effectively taken or done as if the said amendments had been in force at all material time. having regard to the ..... said date and before the commencement of this act, shall, notwithstanding anything contrary contained in any judgement, decree or order of any court, tribunal or other authority, be deemed to be, and to have always been, for all purposes, as validly and effectively taken or done as if the said amendments had been in force at all material time. 39. having regard to .....
Tag this Judgment!Court : Kolkata Appellate
..... one with regard to appointment of an arbitrator, the function is discharged as soon as the matter is referred to an arbitrator naming an arbitrator or the arbitral tribunal. in that case, an execution application was dismissed holding the same not maintainable. that decision came out on march 16, 2008 and the division bench decision ..... an arbitrator, namely, r. n. chakraborty, appointed by the honble chief justice of the high court at calcutta under section 11(6) of the arbitration and conciliation act, 1996. the arbitrator proceeded with the matter and thereafter he submitted an award. being aggrieved, an application for setting aside that award was preferred before the learned district ..... . section 42 is quoted below:-42. jurisdiction.- notwithstanding anything contained elsewhere in this part or in any other law for the time being in force, where with respect to an arbitration agreement any application under this part has been made in a court, that court alone shall have jurisdiction over .....
Tag this Judgment!Court : Kolkata Appellate
..... that the agreement under which the loan was advanced contained an arbitration clause. dispute arose due to nonrepayment of loan. the respondent approached the arbitral tribunal for recovery of the loan amount. this would have no bearing with the offence committed by the petitioner under section 138 as he failed to ..... and another vs- magma leasing limited & others reported in 2007 volume-iii eastern criminal notes page-453 held that the proceeding initiated under negotiable instrument act irrespective of pendency of the arbitration proceeding was maintainable. i find no scope of disagreement. 15. the revisional application fails and is hereby dismissed. 16. ..... respondent no.1 got those cheques dishonoured by depositing those in the account of the petitioner and initiated proceeding under section 138 of the negotiable instrument act, 1981 which was pending before the court of learned metropolitan magistrate, 10th court, calcutta. the petitioner came up before this court challenging the said .....
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