Kolkata Appellate Court November 2010 Judgments
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Smt. Ashima Mukherjee Vs. the State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Nov-26-2010
1. The petitioner in this art.226 petition dated November 19, 2010 is seeking a mandamus commanding the respondents to release her husband, a prisoner, temporarily so that he may attend the marriage of his daughter fixed for December 15, 2010. 2. The petitioners husband, convicted of offences punishable under s.302/34 IPC on August 10, 2006 and serving a life sentence, applied for his release under provisions of the Prisoners Act, 1900 read with the West Bengal Prisoners (Temporary Release) Rules, 1956 for 30 days. 3. The Superintendent of Alipore Central Correctional Home where the convict was lodged forwarded the application to the Commissioner of Police, Kolkata. In the descriptive roll of the prisoner in jail the superintendent, recommending the request, certified the conduct of the convict, serving 7 years 6 months 11 days, as good. 4. On the basis of a report dated August 30, 2010 of the S.I., Homicide Sqd., D.D., the Joint Commissioner of Police (Crime), Kolkata wrote a letter d...
Parameshwari Devi Soni and ors. Vs. Kishan Kumar at Kant Jhunjhunwala ...
Court: Kolkata Appellate
Decided on: Nov-25-2010
1. This application is at the instance of the plaintiffs and is directed against the order dated no.165 dated July 6, 2010 passed by the learned Civil Judge (Senior Division), Eighth Court, Alipore in Title Suit No.19 of 2006 thereby rejecting an application for amendment of the plaint.2. The short fact is that the plaintiffs instituted a title suit being number T.S.115 of 1995 (subsequently renumbered as Title Suit No.19 of 2006) for ejectment on the ground of own use and occupation. The defendant nos.1 & 2 were carrying on a business as partners under the name of style of M/s. Federal Auto Marketing and they were inducted as tenant in respect of the premises in suit as described in the schedule of the plaint at a monthly rental of Rs.1,515/- per month payable according to English calendar month. The monthly rent was enhanced in 1985 and 1990 and the last rent paid by the defendants was for Rs.1,831/- per month. The number of members of the plaintiffs family are many and for that reas...
Siddheswar Ghosh Vs. Sri Gopal Srivastav
Court: Kolkata Appellate
Decided on: Nov-25-2010
1. This second appeal is directed against judgment and decree dated 17th June, 2004 passed by learned Judge, 12th Bench of the City Civil and Sessions Court at Calcutta in Title appeal No.74 of 2003 reversing the judgment and decree of eviction dated 17th May, 2003 passed by learned Judge 5th Court of Small Causes Court at Calcutta in Ejectment Suit No.912 of 2000.2. Admittedly, appellant/plaintiff claiming himself to be the owner/landlord filed said suit of ejectment against defendant/tenant on the ground of default, causing damage as well as creating nuisance and annoyance in the suit property, and also on the ground of reasonable requirement. Said suit was filed after service of ejectment notice as per law.3. The respondent/defendant contested the suit by filing written statement. Though he admitted plaintiff as owner/landlord by subsequent purchase of the suit building, but denied all the allegations and averments made in the plaint. Learned Trial Court framed several issues and de...
Madan Mohan Bhuinya and anr. Vs. Debasis Banerjee.
Court: Kolkata Appellate
Decided on: Nov-25-2010
1. This application is directed against the order no.39 dated March 23, 2010 and order no.41 dated March 31, 2010 passed in Misc. case No.252 of 2008 arising out of an Ejectment Execution Case No.166 of 2007 which arose out of an Ejectment Suit No.5 of 2003 before the learned Judge, Third Bench, Small Causes Court, Calcutta.2. The short fact is that the opposite party instituted the ejectment suit no.5 of 2003 against one Smt. Shyama Bagchi, a tenant, on the ground of sub-letting and reasonable requirement in respect of the premises, as described in the schedule of the plaint. That suit was decreed by the learned Trial Judge. An appeal being Title Appeal No.95 of 2007 was preferred before the City Civil Court, Calcutta by the tenant. Being aggrieved, the tenant preferred a second appeal which is still pending. In the meantime, the execution case was filed and in that case an application under Order 21 Rule 101 of the C.P.C. was filed by the petitioners herein stating, inter alia, that ...
Dilip Hazra Vs. Smt. Jagatmaya Neogi and ors
Court: Kolkata Appellate
Decided on: Nov-25-2010
1. These three applications are at the instance of the defendants in the respective title appeals bearing nos.40 of 2002, 41 of 2002 and 42 of 2002 and are directed against the order no.22 dated March 29, 2006 passed by the learned Judge, City Civil Court, Second Bench, Calcutta.2. Since the common question of law has arisen in the three applications, they are disposed of by this common judgment. In order to know the fact of the cases, I am discussing in short the fact of the case of the Title Appeal No.40 of 2002.3. The plaintiffs/opposite parties herein instituted an ejectment suit for eviction on the ground of default and subletting against the petitioner in the Presidency Small Causes Court at Calcutta and the petitioner contested the said suit by filing a written statement challenging the materials allegations contained in the plaint. The suit was at the stage of peremptory hearing and on the date of peremptory hearing on February 28, 2002, the defendants/petitioners herein prefer...
Sri Shyamrup Goswami Vs. Smt. Maya Bhattacharjee
Court: Kolkata Appellate
Decided on: Nov-25-2010
1. This Second Appeal is directed against the judgment and decree dated 28th July, 1991 and 27th July, 1991 respectively passed by learned Assistant District Judge, Burdwan in Title Appeal No.150 of 1990 reversing the judgment and decree dated 20th May, 1990 and 9th June, 1990 respectively passed by learned Munsif, 3rd Court, Burdwan, in Title Suit No.104 of 1985.2. The appellant/plaintiffs case, in short, is that on account of marriage of his elder brother with sister of defendant there was a relationship between the two families. The defendant used to mix up with different village boys and became pregnant. On 26th Shraban, 1386 B.S. when plaintiff came to defendants house he was forced to put vermilion on defendants head to show alleged marriage between them. Essential ceremonies of Hindu marriage were not performed. Defendant gave birth to male child on 5th Kartick in 1386 B.S. Accordingly, the plaintiff filed the said suit praying for declaration that no marriage took place between...
Babulal Mirza Vs. State of West Bengal
Court: Kolkata Appellate
Decided on: Nov-25-2010
1. Against an order passed by the Additional Chief Judicial Magistrate, Kandi, Murshidabad, in connection with G.R. Case No. 1218 of 2009 rejecting the petitioners application for return of his Rickshaw Van fitted with engine, seized in connection with a case registered at Salar Police Station relating to the offences punishable under Sections 379/411 of the Indian Penal Code and under Sections 25/27 of the Arms Act moved the instant criminal revision before this Court.2. It is the case of the petitioner that he purchased the Rickshaw Van in question, a mechanically propelled vehicle against valuable consideration and used to earn his livelihood by employing the said Rickshaw Van on hire for carrying goods and passengers. It is the further case of the petitioner, on September 14, 2009 police intercepted and seized the said Rickshaw Van on the allegation the same was found carrying three stolen goats and passengers armed with unlicensed firearms. The police also arrested those passenger...
Jyotikana Bhattacharjee Vs. State of West Bengal and anr.
Court: Kolkata Appellate
Decided on: Nov-25-2010
1. In this criminal revision invoking Section 482 of the Code of Criminal Procedure, the petitioner has approached this Court for quashing of a chargesheet relating to the offence punishable under Sections 341/380/451/454/457/504/506/34 of the Indian Penal Code, now pending before the Learned Chief Judicial Magistrate, Alipore, South 24-Parganas being G.R. Case No. 4096/2007, arising out of New Alipore Police Station Case No. 200/2010.2. Heard the Learned Counsels appearing for the parties. Perused the Case Diary, containing the charge-sheet materials produced by the Learned Counsel of the State.3. It appears from the submissions of the learned advocate of the petitioner as well as from the averment made in the criminal revisional application, the quashing has been sought for on the following grounds;(a) Dispute is absolutely civil in nature.(b) Several cases are pending by and between the parties.(c) The petitioner Jyotikana Bhattacharjee is not named in the FIR and in the FIR even Pr...
Sri Balaram Majhi Vs. Central Bureau of Investigation
Court: Kolkata Appellate
Decided on: Nov-25-2010
1. This is an application for transfer of a trial relating to Special (CBI) Case No. 88/06, now pending before the Learned Judge, Special (CBI) Court, Calcutta to any other competent Court.2. The present petitioner along with one Dr. Sanyashi Chandra Naskar have been facing their trial before the Learned Judge, Special Court, CBI, Calcutta. It is the allegation against them that while they were working as the Office Superintendent and the Chief Medical Superintendent at Kasturba Gandhi Hospital, Chittaranjan Locomotive Works, Chittaranjan, they have misappropriated nearly Rs. 16 lakhs by obtaining medical reimbursement for Impress Fund on the strength of false, forged and fabricated documents. Immediately upon discovery of such crime, in the year 1996 the CBI registered a regular case relating to the offences punishable under the Prevention of Corruption Act, commenced investigation and after completion of investigation submitted charge-sheet against both of them. Thereafter, the petit...
M/S. the Economic Times Vs. the State of West Bengal and anr.
Court: Kolkata Appellate
Decided on: Nov-25-2010
1. Invoking Section 482 of the Code of Criminal Procedure, the petitioner approached this Court for quashing of a criminal proceeding, relating to a case under Section 29 read with Section 32 of the Industrial Disputes Act, 1947, now pending before the Learned Metropolitan Magistrate, 9th Court, Calcutta.2. The Learned Counsel appearing on behalf of the petitioner submitted before this Court that by an award published on 22nd May, 1980, on a reference under Section 10 of the Industrial Disputes Act made to it, the 4th Industrial Tribunal, West Bengal held the workman one Paritosh Saha was entitled to the grade and scale of pay of a stenographer and as the petitioner company did not allegedly implement the said award, a complaint was filed under Section 29 read with Section 32 of the Industrial Disputes Act, which is now pending before the Learned Metropolitan Magistrate, 9th Court, Calcutta. According to the Learned Counsel of the petitioner the said award was challenged before this Co...
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