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Judgment Search Results Home > Cases Phrase: calcutta police act 1866 Court: kolkata appellate Year: 2011 Page 1 of about 172 results (0.039 seconds)

Jan 31 2011 (HC)

Anuj Agarwal and Anrs. Vs. the Central Bureau of Investigation

Court : Kolkata Appellate

Decided on : Jan-31-2011

..... a case cbi/spe/bs & fc/rc bsk 204 dated 17.12.2004 was registered against mihir kanti mazumdar, the then branch manager, uco bank, beck bagan branch, calcutta (2) anup mukherjee, the then chief officer(credit), regional office, uco bank, kolkata. 3) pankaj shah, 4) sarat kobi, 5) ravi kataruka, 6) manoj todi ..... the allegations in the f.i.r. do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a magistrate as contemplated under section 155(2) of the code4.5. where the allegations made in the fir or complaint ..... in the first information report and other materials, if any, accompanying the f.i.r. do not disclose a cognizable offence, justifying an investigation by police officers under section 156(1) of the code except under an order of a magistrate within the purview of section 155(2) of the code.3. ..... read with section 13(2) and 13(1) (d) of the prevention of corruption act.5) the present petitioners anuj agarwal and umesh chandra agarwal filed an application before the learned judge-in-charge, 3rd special court, calcutta on 05.02.2009 praying for their discharge/acquittal from the case.6) the learned ..... ors. under sections 420,467,468,471/120 b of the ipc read with section 13(2) and 13(1) (d) of the prevention of corruption act.4) it was alleged that during the period 2000-2002 mihir kanti mazumder entered into a conspiracy with private person such as pankaj shah, sarat kobi, ravi .....

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Jan 28 2011 (HC)

Ranabir Saha Vs. the State of West Bengal and anr.

Court : Kolkata Appellate

Decided on : Jan-28-2011

..... employment) scheme, 1970 in exercise of the power conferred by sub-section (1) of section 4 of the dock workers (regulation of employment) act, 1948. it also appears that by resolution no. 137 dated 25.03.1965 the calcutta dock labour board has accepted the recommendation of the sub-committee taken at its meeting held on 2nd and 5th february, 1965 in ..... place on record any document before this court to show that at the material point of time the chairman, calcutta port trust was empowered to act as chairman of the calcutta dock labour board and as such was the appointing and disciplinary authority of the calcutta dock labour board. 26. in such sanction order shri roy has not mentioned that such sanction was accorded ..... any authority lower than the appointing authority. 23. thus, from a plain reading of the dock workers (regulations of employment) act, 1948 and the rules and schemes framed by the calcutta dock labour board thereunder it appears to me that the calcutta dock labour board is the appointing authority as well as the disciplinary authority of its executive officer like the present petitioner ..... employee by the appointing authority. therefore, the next relevant question is to decide who is the appointing authority of the calcutta dock labour board. 18. it appears that unlike the major port trusts act, 1963 the dock workers (regulation of employment) act, 1948 was passed for the purpose of constitution and function of dock labour board to be established under section 5a thereof .....

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Mar 23 2011 (HC)

Durshi Chand Agarwal. Vs. the State of West Bengal and ors.

Court : Kolkata Appellate

Decided on : Mar-23-2011

..... was made on 27.7.2009 at 13.45 hours. on the same date, the officials of kalighat police station had been to 49, gurupada haldar road, calcutta 26, and examined megha who disclosed everything to the officers of kalighat police station. deepak was arrested and these petitioners were reported to have been left for rajasthan. megha was medically examined at sambhu nath ..... , the de facto complainant, with oblique motive dragged these two petitioners in another case simply in order to harass them. megha acted peculiarly because she, after lodging the fir in tollygunge police station, filed a suit under section 9 of hindu marriage act praying for restoration of her conjugal rights which, however, was withdrawn subsequently. mr. bagchi has drawn attention of this court ..... case no. 140 of 2009 dated 26.7.2009 under sections 498 a/406/34 of the indian penal code and under section 3/ 4 dowry prohibition act is filed at the instance of durshi chand agarwal and raj kumari agarwal, the accused no. 2 and 3. 2) megha agarwal wife of deepak agarwal (accused no.1 in ..... as accused together with others and the fact that the de facto complainant filed a suit under section 9 of hindu marriage act and also filed a case under section 12 of the protection of women from domestic violation act, 2005. 9) mr. maitra, learned counsel appearing for the opposite party no. 2 contended that while considering the prayer for quashing of .....

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Mar 15 2011 (HC)

Brigadier Prabir Kumar Sanyal. Vs. Mrs. Mohsena Chowdhury

Court : Kolkata Appellate

Decided on : Mar-15-2011

..... to discharge the accused by rejecting the complaint. he relied on a decision of this court reported in all india reporter (volume-37) 1950 calcutta page-339(lalmohan singh vs- the king)11. mr.kasem ali ahmed learned counsel appearing for the state adopted the argument made by mr moitra ..... status in the locality which was lowered down in the estimation of right thinking people of the society in view of such act on the part of the military police. hence the accused committed offence under section 441/504/506/427/500 of the indian penal code.4. being aggrieved by ..... committed any crime under the aforesaid provisions he could be prosecuted for such offence. significantly to note that the process server and/or the military police who went to the house of the petitioner were not made accused.15. in my view, the petitioner of complaint was nothing but an ..... the said complaint, mohsena also contended that while her husband was at kalimpong she was occupying her civil accommodation with her son, a school acting boy. she alleged that although the other officers were extended official accommodation, she had to leave the official accommodation and move to her private ..... colonel chowdhury was allotted an official accommodation at tusf view hastings calcutta where he over stayed. the authority issued a notice under section 7(3) of the public premises (eviction of unauthorized occupants) act 1971 issued by the petitioner then acting as estate officer. it was alleged that the petitioner directed the .....

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Feb 23 2011 (HC)

Hdfc Bank Ltd. Vs. the State of West Bengal and anr.

Court : Kolkata Appellate

Decided on : Feb-23-2011

..... impugned proceeding has been initiated on the basis of a letter of complaint submitted by the opposite party no.2/complainant before i.c., jadavpore police station, calcutta, on 21.01.2009 alleging therein that his car bearing no. wb 02u/2790 was snatched away by five local goons while it has ..... the petitioner that the petitioner being incorporated under the companies act, 1956, having its office at calcutta, is being represented by sri sachin kumar gupta, deputy manager (legal). jadavpore police station case no. 40 dated 21.01.2009 has been registered for investigation on the basis of ..... for investigation on the basis of the complaint lodged by the opposite party no. 2, the complainant, with the inspector-in-charge of jadavpur police station alleging therein about the commission of offences punishable under sections 341/323/379 of the indian penal code by unknown persons and it has ..... b.g.r. case no. 353 of 2009 pending before the court of learned additional chief judicial magistrate, alipore, and the corresponding proceeding of jadavpore police station case no. 40 dated 21.01.2009 under sections 341/323/ 379 of the indian penal code. 2. it is the case of ..... a letter of complaint lodged by the opposite party no. 2 with the inspector-in-charge of jadavpore police station .....

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Feb 14 2011 (HC)

Ranjita Apartment Owners’association and ors. Vs. Sri Prabir Kumar C ...

Court : Kolkata Appellate

Decided on : Feb-14-2011

..... moved, it must be done before the same court where the previously one was lodged, that is, before the honble high court, calcutta. section 42 of the said act is very much explicit in this regard.9. while referring to the decision of (2008)3 c.l.t. page 1, mr ..... went to 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 ..... (e), court means the principal civil court of original jurisdiction in a district. since the cause of action arose within the jurisdiction of tollygungee police station, which is certainly within the territorial jurisdiction of the learned district judge, south 24 parganas, the application for setting aside the award must ..... preferred.3. mr. s. p. roychowdhury, learned senior advocate, appearing on behalf of the petitioners, submits that according to the scheme of the act when there is an arbitration clause in an agreement, the dispute between the parties shall be settled through the arbitration proceedings and for that reason at ..... district judge, sixteenth court, alipore in misc. case no.1126 of 2008 thereby rejecting an application under section 42 of the arbitration and conciliation act, 1996.2. a dispute arose between the parties over certain points of an agreement dated january 30, 2002, which lays down a clause for .....

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Mar 25 2011 (HC)

Ajoy Kumar Shaw and Sunil Kumar Das and anr. Vs. the State of West Ben ...

Court : Kolkata Appellate

Decided on : Mar-25-2011

..... all the witnesses have categorically stated that the appellants had taken active part in commission of the dacoity dated 28.22005 while they were returning from calcutta by a 407 maruti van after selling handloom sarees. the witnesses have stated categorically that the appellants robbed them at the point of gun and ..... at about 7.15 hours, debendra basak lodged one fir against some unknown persons in amdanga police station alleging therein that on 28.2.2005 while he along nine(9) other businessmen, after selling handloom sarees in calcutta, were returning by a 407 covered van bearing no. wb 51 3648 via barrackpore kalyani ..... who were sailing on the same boat; c) that the learned trial court failed to appreciate the fact that the investigation officer of the case acted illegally by showing the appellants to the witnesses before holding t.i. parade; d) that the learned trial court failed to appreciate that seizure of ..... gopal krishna das, ashok karmakar and ajoy kumar shaw for prosecuting them under sections 395/397 of ipc and 25 and 27 of the arms act. the case was committed to the court of learned sessions judge and ultimately transferred to the court of additional sessions judge fast track 3rd court, ..... boarded on said maruti van and gone towards naihati. 3) on the basis of said fir, amdanga police station case no. 18 dated 28.2.2005 under sections 395/397 ipc with section 25/27 arms act was started. in course of investigation, five(5) miscreants could be arrested. they were placed before .....

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Mar 28 2011 (HC)

Chand Mohan Sammader. Vs. the State of West Bengal.

Court : Kolkata Appellate

Decided on : Mar-28-2011

..... reported in air 2003 supreme court 1369 in the case of uday v. state of karnataka in para 16 with reference to a division bench decision of calcutta high court in the case of jayanti rani panda v. state of west bengal and another reported in 1984 cri.l.j. 1535 (cal) at ..... prosecution he has stated that he was not examined by the investigating officer over the incident, yet he has also stated further that he stated to police that he came to know about the incident from his elder daughter namely anjana sarkar. if as per his evidence he was not examined by the ..... evidence on record has supported the prosecution case. moreover, learned additional judge concerned has also observed that in view of section 114 (a) of evidence act when sexual intercourse by the accused is proved and prosecutrix deposed to the effect that she was not a consenting party, the presumption arises that she ..... 5, gave any resistance to the present appellant when he allegedly tried to commit rape upon her, rather it appears that she actively participated in the act of sexual intercourse with the present appellant several times in view of a love affair between them as a result of which she might have become pregnant ..... given consent due to unsoundness of mind or administration of any stupefying or unwholesome substance she was unable to understand the nature and consequences of the act to which she was consenting and when no such case has been pleaded or proved, then there was no question of bringing the case within the .....

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Mar 23 2011 (HC)

icici Bank Limited. Vs. Limtex (India) Limited.

Court : Kolkata Appellate

Decided on : Mar-23-2011

..... , the city civil court, calcutta has the jurisdiction to try the suit. so, the city civil court has the jurisdiction to adjudicate the dispute between the parties. ..... of jurisdiction, the ouster clause should be interpreted carefully and properly. so, the submission of mr. bose that the city civil court at calcutta has the jurisdiction to entertain the suit, cannot be accepted. the learned trial judge has committed errors of law in rejecting the application under ..... agreement as per provisions of section 18 of the recovery of debts due to banks and financial institutions act, 1993. section 18 of the said act clearly bars the jurisdiction of the city civil court, calcutta. so, the suit, if any, should have been filed either in the high court at ..... bombay or in the debts recovery tribunal in mumbai. but the suit has been filed in city civil court, calcutta. but, no cause of action has arisen at all in calcutta ..... calcutta, the cause of action arose also in calcutta. the defendant bank has also its office at 20b, gorky terrace under p.s. shakespeare sarani, kolkata 700 017. the reliefs sought for shall be adjudicated by the civil court having jurisdiction. since valuation of the suit is as per section 7(iv)(b) of the court fees act .....

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Mar 15 2011 (HC)

Monotosh Ghosh. Vs. the State of West Bengal

Court : Kolkata Appellate

Decided on : Mar-15-2011

..... orissa)v) 1995 criminal law journal page-1762 (balbir singh vs- state of orissa)vi) 1996 criminal law journal page-1902 (nirmal chandra sahoo-vs- state of orissa)vii) 2002 calcutta criminal law reporter (supreme court) page-597 (khet singh vs- union of india)viii)2010 criminal law journal page-3815 (madras high court (periyasamy vs- state by the inspector of ..... police).7. appearing for the prosecution, learned public prosecutor mr. animesh goswami contended that in view of the provision of section 167(2) the right of the accused to be released ..... of the accused even after granting of bail.2. the facts reveal, petitioner/accused was charged with an offence of section 20(b)(1) of narcotic drugs and psychotropic substances act (ndps act). he was in custody for about sixty days. neither the prosecution submitted charge sheet nor he was released on bail. after the statutory period was over petitioner applied for bail ..... learned judge was not entitled to withhold release of the accused. she also contended that under the narcotic control bureau guidelines chemical analysis was a must while charging accused under ndps act. hence, submission of charge sheet without having chemical analysis report was nonest in the eye of law and the learned judge was not entitled to accept the same. she also .....

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