Kolkata Appellate Court February 2011 Judgments
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Smt. Abha Rani De DharA. Vs. Sri Guru Tanti.
Court: Kolkata Appellate
Decided on: Feb-25-2011
1. This application is at the instance of the opposite party/plaintiff/petitioner herein and is directed against the order no.73 dated July 7, 2008 passed by the learned Civil Judge (Junior Division), Siliguri in Misc. Case No.15 of 2000 arising out of the Title Suit No.26 of 1999 thereby allowing an application for amendment of the misc. case as well as the application under Section 5 of the Limitation Act.2. The short fact is that the plaintiff/petitioner herein got an ex parte decree of declaration of title and injunction against the opposite party. Subsequently, the opposite party filed an application under Order 9 Rule 13 of the C.P.C. and another petition under Section 5 of the Limitation Act. The plaintiff/petitioner is contesting the said application. Evidence was recorded on behalf of both the sides. Thereafter, the matter was fixed for hearing argument over the said misc. case. At that time, the opposite party filed an application for amendment of the said misc. case as well ...
Sabra Khatoon. Vs. the Kolkata Municipal Corporation and ors.
Court: Kolkata Appellate
Decided on: Feb-25-2011
1. Challenge is to the order dated April 21, 2009 passed by the learned Municipal Assessment Tribunal, First Bench, Kolkata Municipal Corporation in Appeal No.2172 of 2007. The appellant has preferred this application contending, inter alia, that he entered into an agreement for sale of a flat with M/s. Shrachi Leathertex Private Limited Company at premises no.23, Marquis Street under Police Station New Market as per terms and conditions of the agreement executed between them. Amongst other clauses, the petitioner was to get the said flat bearing no.5F having an area of 1044 square feet. At the time of getting possession, the petitioner noticed that she got the flat with an area of 762 square feet instead of 1044 square feet as per agreement. Since she got less area she took appropriate steps before the Consumer Forum.2. In the meantime, the Assessor Collector (South), opposite party no.2 herein, assessed the annual valuation of the said flat to the tune of Rs.47,660/-. The petitioner ...
Asok Kumar Roy Vs. State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Feb-25-2011
1. In the writ petition, the petitioner, a learned advocate, who was appointed as Receiver in Title Suit no.121 of 1962, regarding some properties which include the plots of land in question, has challenged the acquisition proceeding under L.A. Case No. L.A.4/14 of 2000- 2001, notices under section 4(1), section 6 and under sub-sections (3) and (4) of section 9 read with section 11 of the Land Acquisition Act, 1894, primarily on the ground that the plots were acquired without taking leave of the Civil Court where the suit is pending and no 2 notice of acquisition was served on him. Learned senior advocate for the petitioner has relied on the order dated 21 st August, 2010 passed in the title suit by the learned Civil Judge (Senior Division), nd Court at Alipore wherein it has been observed that There is nothing on record to suggest that the Government of West Bengal took leave of the Court to initiate proceeding for acquisition of any land which is part of the suit property. 2. Mr. Roy...
Rabindra Nath Bera Vs. the State of West Bengal and anr.
Court: Kolkata Appellate
Decided on: Feb-25-2011
1) The challenge in this revision application is to the order dated 31.1.2008 passed by the learned Special Judge, Tamluk, Purba Midnapur in T.R. no. 02 of 2003 arising out of Nanda Kumar Police Station case no. 85 of 2002 dated 21.8.2002 whereby rejecting the application of the petitioner for discharging him from the case.2) One Kalipada Adak (hereinafter referred to as Opposite party no. 2) being Vice-Chairman of the Chak Simulia Co-operative Agricultural Credit Society Limited lodged one FIR with Nanda Kumar Police Station alleging therein that while the petitioner Rabindra Nath Bera was acting as the Secretary of the Society, mis-appropriated a sum of Rs. 91,028/-, in all of the society and manipulated the receipt book. On the basis of the said FIR, investigation was done by Nanda Kumar Police Station and a charge-sheet being no. 27 of 2003 dated 17.4.2003 was filed against the petitioner Rabindra Nath Bera under Section 403/409/420/468 and 477 of the Indian Penal Code. The learned...
Radha Ballov Ghosh Vs. Bipul Ghosh and Others
Court: Kolkata Appellate
Decided on: Feb-25-2011
1. FACTSChandana Ghosh was the daughter of Radhaballav Ghosh, the petitioner above named. Chandana got married with Bipul Ghosh son of Krishnagopal Ghosh @ Buddhadeb Ghosh. The marriage was a negotiated one. As per the demand, Radhaballav gave Rs. 45,000/-, 6 Bhoris gold and other gifts as dowry. The in-laws however, were not satisfied. They used to torture Chandana. They raised further demand and threatened Chandana with dire consequence that in case of failure to meet the demand she would be killed. Radhaballav neither did lodge any complaint with the Police nor take legal steps against the in-laws. Fact remains, Chandana lived her marital life for 5 years during her lifetime. On 29th Sravan, corresponding to August 2004 Chandana went to her parental home and complained to Radhaballav that Krishnagopal the father-in-law, Sabitri mother-in-law, Prasanta brother-inlaw, Sumitra Sister-in-law (wife of Prasanta) inflicted physical torture upon her. She could manage to flee from her marita...
Golap Kanti Chattopadhyay Vs. the State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Feb-25-2011
1. This writ petition has been filed assailing the judgment and order dated 30 th July, 2008 passed by the West Bengal Land Reforms & Tenancy Tribunal in the case being O.A. No. 2 of 2006 whereby and whereunder the said learned Tribunal finally disposed of the application filed by the petitioner herein on merits. 2. The facts available from the records are briefly summarised hereinafter. 3. The entire land in question of Mouza: Paschim Tajpur J.L. No. 13, Mouza: Banamalipur, J.L. No. 15 and Mouza: Aushbali, J.L. No. 9 under P.S. Chanditala in the district of Hooghly were recorded during R.S. operation in the names of Debata Charan Chattopadhyay and Hari Charan Chattopadhyay, sons of Late Purna Charan Chattopadhyay in equal 8 annas share each. Said Hari Charan Chattopadhyay out of his 8 annas share transferred more or less 10.11 acres of land to his elder son Parimal Kanti Chattopadhyay, respondent No. 6 herein and also transferred 10.32 acres of land to his younger son namely, the peti...
Asha Singh Vs. the State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Feb-24-2011
1. Both these cases involve identical question of fact and law and as such are disposed of by this common judgment and order.2. Saswati Samaddar was a Commercial Clerk posted at Kolkata Railway Station. On February 25, 2010, she joined in the said post, after getting employment in the Railway. On April 30, 2010, she was on duty in Counter No. 4 in the Booking Office. One of her friends came to meet her. She was required to go to R.G. Kar Hospital. There was not many crowd at the Counter. Saswati took leave from the booking Counter and went out of the railway station along with her friend. They moved towards Gajnavi Bridge when her friend boarded an auto-rickshaw and went away. It was about half past five, Saswati noticed that a girl got down from a taxi and was proceeding to the bridge in nervous condition. The girl was wearing skimpy dress which attracted Saswatis attention. The girl did not have slippers on and her hair was unfastened. She was found to be terror stricken having her b...
Dilip Kumar MahapatrA. Vs. Smt. Bela Mahapatra and ors.
Court: Kolkata Appellate
Decided on: Feb-23-2011
1. Challenge is to the order no.395 dated December 7, 2007 passed by the learned Civil Judge (Senior Division), Third Court, Medinipur in Title Suit No.67 of 2006 thereby rejecting an application filed by the coplaintiff/ defendant no.2.2. The short fact is that one Anil Chandra Mahapatra instituted a title suit being Title Suit No.120 of 1964 before the learned Sub-Ordinate Judge, First Court at Midnapore for partition of the suit properties as mentioned in the schedule of the plaint. The suit was decreed in the preliminary form in terms of the solenama of June 3, 1969. Thereafter, one Advocate commissioner was appointed and he submitted his report. The final decree for partition was passed on November 3, 1971. The stamp duty was submitted on September 18, 1971 and the final decree was engrossed on the stamp paper on November 3, 1971. The learned commissioner assessed the valuation of the suit property at Rs.60,000/- and he allotted the share to the four co-owners equally having the v...
Alok Kumar Das and Orthers Vs. the State of West Bengal
Court: Kolkata Appellate
Decided on: Feb-23-2011
1. Only question involved in this litigation is whether an offence said to have been committed under Section 409 of the Indian Penal Code could be tried by the Special Judge although the accused was not a government employee.2. The petitioners were engaged by UCO Bank for collection of deposits from the village investors as agents. The Bank lodged a complaint that they committed grave illegality by misappropriation of the deposits by not depositing the sums to the til of the Bank. The petitioner earlier moved this Court on two occasions on the identical issue. In each of the situations the learned Judges of this Court observed that the petitioners should be at liberty to raise such point at the time of trial. The petitioners thereafter approached the learned Special Judge with the identical plea and prayed for their discharge under Section 239 of the Criminal Procedure Code. The learned Special Judge rejected the contentions by holding that it was a case of Criminal misappropriation an...
Sk. Md. YeasIn Ali Vs. the West Bengal State Electricity Distribution ...
Court: Kolkata Appellate
Decided on: Feb-23-2011
1. The Court: In view of the case stated in para.4 of the application for restoration, the application is allowed. The art.226 petition that was dismissed for non-appearance of the petitioner is restored to file. 2. Since I have determination to take up the petition for admission hearing, I have invited counsel for the parties to argue their respective cases and they have argued. 3. The petitioner is seeking a mandamus commanding the licensee under the Electricity Act, 2003 to give him supply of electricity for operating a submersible pump. 4. Counsel submits that on the strength of the document at p.23 the petitioner is entitled to operate the submersible pump in question. 5. In view of the provisions of the West Bengal Ground Water Resources (Management, Control and Regulation) Act, 2005 the petitioner cannot operate any pump without obtaining a permit or a certificate of registration, as the case may be, from the District Level Authority concerned. 6. The document at p.23, a clearan...
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