Kolkata Appellate Court January 2011 Judgments
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Shri Gouri Sankar Chakraborty and anr. Vs. the State of West Bengal an ...
Court: Kolkata Appellate
Decided on: Jan-21-2011
1. This Second Appeal is directed against judgment and decree dated 30th March, 1983 passed by learned Additional District Judge, Rampurhat, Birbhum in Title Appeal No.384 of 1981 thereby setting aside the judgment and decree dated 21st of 1981 passed by learned Munsif, 1st Court, Rampurhat in Title Suit No.121 of 1978 renumbered as Title Suit No.161 of 1981.2. The appellant plaintiffs case, in short, is that the suit plots constituting the tank fishery originally belonged to zamindars Pashupati Chakraborty, Kamalapati Chakraborty and Ramapati Chakraborty. In 1357 B.S. said zamindars settled the suit tank fishery with Umarani Devi subject to payment of an annual rent of one anna, one gonda and four pie and delivered possession to the tenant. Plaintiffs purchased said tank fishery being suit property from Umarani Devi by a registered Kobala dated 16th of January, 1962 and since then they were in possession of the same. In the revisional settlement, the suit property was wrongly recorded...
Don Bosco School Vs. Lutan Thakur and Others
Court: Kolkata Appellate
Decided on: Jan-21-2011
1. This Second Appeal is directed against judgment and decree dated 1st of October, 2005 and 27th October, 2005 respectively passed by learned Additional District Judge, 1st Court, Howrah in Title Appeal No.222 of 2002 confirming the judgment and decree dated 10.09.2002 passed by learned Civil Judge (Senior Division), 1st Court, Howrah in Title Suit No.43 of 2002.2. This Second Appeal has a long history which may be summarized as follows:- List of dates 11.2.1986 : The service of the plaintiff /Respondent was terminated. 27.5.1986 : The plaintiff /Respondent filed the suit being Title Suit No.137 of 1986 in the Court of the learned Munsif (First Court) at Howrah for declaration and permanent injunction;28.8.1989 : Learned Munsif (First Court), Howrah, dismissed the Title Suit No.137 of 1986;11.9.1989 : Appeal filed against the order of dismissal dated 28.8.1989 being Title Appeal No.221 of 1989 in the Court of the Learned District Judge, Howrah.28.2.1990 : The plaintiff /Respondent rea...
Ms. Dharampal Satyapal Limited Vs. the Assistant Commissioner, Commerc ...
Court: Kolkata Appellate
Decided on: Jan-21-2011
1. This application under Articles 226 and 227 of the Constitution of India is at the instance of an applicant under Section 8 of the West Bengal Taxation Tribunal Act, 1987 and is directed against an order dated January 15, 2010 passed by the West Bengal Taxation Tribunal, in Case No.RN-169 of 2008, thereby disposing of the said application by remanding the matter back to the Assessing Authority for a fresh assessment of the goods in question in the light of the observations made in the body of the order with further direction upon the petitioner to disclose the basis of determining the sale-price of the disputed item so that the Assessing Authority can fairly and justly assess the sale-price of Pan Masala being sold separately along with Tobacco in a single pouch under the brand name Double Mazza.2. Being dissatisfied, the applicant under Section 8 of the Act has come up with the present revisional application.3. The following facts are not in dispute:a) The petitioner sells an item ...
State of West Bengal Vs. J and S Industries.
Court: Kolkata Appellate
Decided on: Jan-21-2011
1. This appeal is directed against judgment and/or order dated 30th August, 2005 passed by the learned 8th Court of City Civil Court at Kolkata in Misc. Case No 1338 of 2003 and Title Suit No 81 of 2003. The said learned Court dismissed an application instituted under Sections 30 and 33 of the Arbitration Act, 1940 by the State of West Bengal challenging an Award published on 30th December, 2002 by the learned Arbitrator. 2. The facts of the case briefly are as follows:- 3. The parties entered into a contract in respect of construction of a building for Biological Production Centre in the compound of Bengal Veterinary College, Kolkata. The agreement was a product of a tender floated on behalf of the State of West Bengal by Superintendent Engineering, West Bengal Circle Construction Board, P.W.D. 4. The respondent raised a dispute and requested the Chief Engineer to refer the matter for arbitration, since there was an arbitration clause contained in the said contract (in particular Clau...
Smt. Sumita GuptA. Vs. Sri Kisholay GuptA.
Court: Kolkata Appellate
Decided on: Jan-21-2011
1. At the instance of wife in a suit for divorce the First Appeal is directed against the judgment and decree dated 22nd December, 2004 passed by the Additional District Judge Second Court Hooghly, in Matrimonial Suit No. 421 of 1997 and the suit was decreed granting a decree of divorce on the ground of cruelty. 2. Being aggrieved and dissatisfied with the said judgment and decree dated 22nd December, 2004 this appeal has been filed. 3. The respondent appeared before us is the plaintiff in the suit and filed a suit before the Court of District Judge, Hooghly. 4. The facts pleaded in the plaint by the respondent are summarized as follows : 5. The parties in the suit were married according to Hindu Rites and Customs on 11th August, 1995 and had been residing as husband and wife. After 2-3 days from the day of Fulosajjya the wife tried to pursue the husband so that she can stay in the house of her mother on the plea of sitting in the examination of Masters Degree. The husband and his fami...
Calcutta State Transport Corporation and ors. Vs. Sri Ranjit Bhatachar ...
Court: Kolkata Appellate
Decided on: Jan-21-2011
1. This appeal was against the judgment and order of the learned Single Judge dated 6th August 2001., whereby and whereunder His Lordship has been pleased to hold that the service rendered on the strength of the interim order passed by this Court by the respondent should be reckoned as being regular service hence all benefits should be given on retirement.2. The short fact leading to the disputes between the parties is as follows: 3. On 4th September 1956 the respondent/writ petitioner joined the appellant-Corporation in the post of Cleaner. At the time of his appointment he declared 2nd April 1931 being his date of birth, accordingly the same was recorded in his Service Book. After joining his service in or about 1965 he appeared in the School Final Examination on 15th March 1965 as a Private Candidate. In the Admit Card of the said Examination his date of birth was recorded as 6th April 1939. He took his Examination through a School namely Matiary Banpur High School, Nadia. He was in...
Union of India and ors. Vs. Shri Shyamapada Pramanick
Court: Kolkata Appellate
Decided on: Jan-21-2011
1. This appeal is directed against an order dated 23rd September, 2009 passed by the Hon'ble First Court allowing the writ Petition in favour of the writ Petitioner. 2. The writ Petitioner filed the said writ Petition claiming pension under the scheme known as Swatantrata Sanik Samman Pension Scheme, 1980 (hereinafter referred to as Scheme) by a judgment and/or order dated 23rd September, 2009 passed by the Hon'ble First Court when His Lordship was pleased to hold as follows: Thus, having considered the above authorities and the relevant provisions of the scheme and the impugned order in question, the impugned order is set aside. The respondents or rather the concerned respondents are directed to grant freedom fighters pension to the writ petitioner under the provisions of Swantrata Sanik Samman Pension Scheme, 1980 with effect from the date of his application for obtaining pension i.e. 18th August, 1981. 3. The petitioner, needless to mention, shall be entitled to pension in arrears s...
Mrityunjay Podhan and ors. Vs. the State of West Bengal
Court: Kolkata Appellate
Decided on: Jan-20-2011
1) The legality, validity and propriety of the judgement dated 26.7.1995 passed by the learned Additional Sessions Judge, 2nd Court, Hooghly, in Criminal Appeal no. 40 of 1991 affirming the order of conviction and modifying the sentence passed by the learned Judicial Magistrate, 3rd Court at Chandernagar in C.R. Case no. 878 of 1979 under Sections 447/323/324/34 I.P.C. has been challenged in this revision application by Mrityunjay Prodhan, Biswanath Prodhan, Dhananjay Prodhan and Kashinath Prodhan (hereinafter referred to as the petitioners)2) The factual matrix, leading to this revisional application is stated below, in brief :3) Umapada Majhi (hereinafter referred to as the opposite party no. 2) lodged one petition of complaint against the present petitioners on 24.12.1979 alleging therein that on 5.12.1979, while he was sowing wheat the petitioners being armed entered into his land, in order to dispossess them therefrom. On protest, the petitioners assaulted the opposite party no. 2...
Mobarak Sk. at Mobarak HossaIn and ors. Vs. the State of West Bengal
Court: Kolkata Appellate
Decided on: Jan-20-2011
1. The criminal appeal is directed against a judgement and order passed in a sessions trial by the Learned Additional Sessions Judge, 2nd Court, Murshidabad convicting the appellants under Section 302/34 of the Indian Penal Code and sentencing each of them thereunder to suffer imprisonment for life and to pay fine with default clause.In the trial total 8 accused were charged but the Trial Court convicted these appellants and acquitted the rests three.2. Briefly stated the prosecution case is as under :-On September 16, 1998 the victim Maniruddin Sk. is the uncle of P.W. 5 Imdadul Haque and he was a teacher of Rajarampur High School. On 16th September, 1998 in the afternoon while the victim was returning home from school the P.W. 5 Imdadul Haque was also returning from Pikepara village where he went for some personal work. Near Rajarampur High School Imdadul met the victim and thereafter they were returned home together. They were proceeding through Rajarampur Moram Road and as soon as ...
Shri Ranjit Kumar Saha Vs. Cesc Limited and ors.
Court: Kolkata Appellate
Decided on: Jan-20-2011
1. The petitioner in this art.226 petition dated December 8, 2010 is seeking a mandamus commanding the respondents to give him supply of electricity. 2. The petitioner claims as follows. He is occupying a portion of the premises, particulars whereof have been given in the petition, as a tenant of one Gora Chand Biswas (the third respondent). With written consent of Gora Chand he applied to CESC in prescribed form for supply of electricity. For objection raised by the fourth respondent (Gora Chands wife) CESC could not give him supply. 3. Mr Sarkar, counsel for Gora Chand and his wife, submits that signature of Gora Chand appearing on the prescribed consent form submitted by the petitioner to CESC is a fake one. He has said that Gora Chand has already informed the matter to the officer in charge of the local police station and CESC. 4. The question is whether a vitiated consent form, a part of the application for supply, will of course vitiate the application. 5. In terms of s.43 of the...
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