Kolkata Appellate Court March 2011 Judgments
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Bikash Ghosh and anr. Vs. Board of Councillors of Barrackpore Municipa ...
Court: Kolkata Appellate
Decided on: Mar-03-2011
1. Whether or not the order dated December 27, 2010 issued by the Chairman, Barrackpore Municipality (hereafter the Municipality) holding that the reply of the petitioners (to the notice dated December 8, 2010 calling upon them to show cause why action shall not be initiated for raising unauthorised construction as indicated therein) is devoid of merit and therefore attracts action under Section 218 of the West Bengal Municipal Act, 1993, and the resolution adopted by the Board of Councillors thereof on the next day approving the proposal of the Chairman to take action thereunder could be revised/reviewed by the High Court in exercise of its power of superintendence conferred by Article 227 of the Constitution is the primary question that calls for an answer on this application filed by the petitioners.2. Mr. Banerjee, learned advocate for the petitioners, submitted at the outset that the opposite parties being the Municipality, its Board of Councillors and its Chairman acted contrary ...
Ratan Saha and anr. Vs. Ms. River Bank Holding Pvt. Ltd.
Court: Kolkata Appellate
Decided on: Mar-02-2011
1. This application is at the instance of the plaintiffs/respondents and is directed against the order no.3 dated February 4, 2009 passed by the learned Additional District Judge, Twelfth Court, Alipore in Misc. Appeal No.41 of 2009 reversing the order passed by the learned Civil Judge (Junior Division), Sixth Court, Alipore in Title Suit No.214 of 2009 in relation to an application for injunction filed by the plaintiffs. The short fact is that the plaintiffs became the absolute owners of the vacant lands as described in the schedule of the plaint by three kobalas upon payment of due valuable consideration. Thereafter, they advertised a public notification in the Bartaman Patrika dated August 2, 2005 but nobody came forward to make any claim with respect to any portion of the suit lands. Since then, they are in possession of the suit lands.2. Previously, some shop owners and shantis attempted to encroach the suit lands and for that reason, the petitioners had to file an earlier suit be...
Duncans Industries Ltd. Vs. Narayan Kumar Khaitan.
Court: Kolkata Appellate
Decided on: Mar-02-2011
1. This review application is at the instance of the petitioner and is directed against the judgment and order dated December 1, 2010 passed by this Bench in C.O. No.3202 of 2010.2. The contention of the petitioner is that there are apparent mistakes in the judgment passed by this Bench on December 1, 2010 in C.O. No.3202 of 2010. It is contended that this Bench did not consider the judgment of M/s. Duncans Industries Ltd. v. Biswajit Roy and Anr. reported in 2010 (1) CLJ (Cal) 342 which is binding on this Bench. If this judgment under review is not reviewed, there will be two judgments of two co-ordinate Benches of this Honble Court conflicting with each other.3. The petitioner company has been declared as a sick industry and for that reason it went on BIFR on February 21, 2007. The payment to the creditors have been stopped as per order of the appellate authority, namely, AAIFR dated December 14, 2007. Still then, the executing Court proceeded with the execution of the order of the F...
Nilkantha Kesh. Vs. Smt. Minati Roy and ors.
Court: Kolkata Appellate
Decided on: Mar-02-2011
1. This application is at the instance of the defendant and is directed against the order no.22 dated July 15, 2008 passed by the learned Civil Judge (Senior Division), First Additional Court, Burdwan in Title Appeal No.121 of 2006 thereby rejecting an application under Order 26 Rule 9 of the C.P.C. The short fact necessary for the purpose of disposal of this application is that the plaintiffs instituted a title suit being Title Suit No.14 of 1988 before the learned Munsif, Fourth Court, Burdwan against the defendant for declaration of title, permanent injunction and other reliefs. The plaintiffs contended that the defendant has been residing on plot no.465 which originally belonged to the grandfather of the defendant. The defendant has been threatening to take forcible possession of the suit plot no.464 although he has got no right, title and interest over the said suit plot. For that reason, the plaintiffs had to file the said suit for declaration of title and permanent injunction. T...
Bir Chandra Das Vs. Anil Kumar Sarkar and anr.
Court: Kolkata Appellate
Decided on: Mar-02-2011
1. Respondent no.1 Anil Kumar Sarkar made a complain with the Police that his brother late Sureswar Das committed suicide being instigated by a section of monks of ISKCON at the instigation of the petitioner Bir Chandra Das. The incident started on June 29, 2000 when one Basanti Devi lodged a complaint with the Officer-in-Charge, Ballygunge Police Station against Sureshwar Das.2. According to the said complaint, Basanti was a resident of Orissa. Her husband died in August 2009 due to lack of medical treatment and negligence of Adri Dharan Das, a monk of ISKCON where her husband was working for twenty years. After her husbands death she was getting rupees two thousand per month as compensation. Adri Dharan Das also agreed to pay a sum of rupees two lacs which was not paid despite promise. On June 29, 2009 when she came to collect her monthly maintenance Adri Dharan refused to pay and asked her to go to Gurusadaya Dutta Road, Kolkata and collect money from Sureswara Das. Accordingly, Bas...
Muthoot Finance Pvt. Ltd. Vs. Pampa SinhA.
Court: Kolkata Appellate
Decided on: Mar-02-2011
1. Petitioner was a finance company. They used to give personal loan against pledge of gold. According to the respondent, she took loan upon pledge of gold ornaments on February 19, 2008 and February 25, 2008. The finance company disbursed rupees sixty-three thousand and three hundred on two different dates being rupees twenty-five thousand three hundred on March 19, 2008 and rest rupees thirty-eight thousand on May 24, 2008. On May 24, 2008 the entire loan amount was refunded. However, the company refused to give back the gold ornaments.2. According to the company, the respondent obtained loan of rupees twentyfive thousand and three hundred on February 19, 2008. On March 19, 2008 she visited office of the petitioner and paid the interest for rupees five hundred and six and prayed for renewal. Accordingly, the said loan of rupees twenty-five thousand and three hundred was renewed and the new loan account was opened on the said date.3. On February 25, 2008 the respondent obtained anothe...
Subhas Chandra Sil. Vs. Sumik Sil.
Court: Kolkata Appellate
Decided on: Mar-01-2011
1. This application is at the instance of the defendants and is directed against the order no.33 dated November 6, 2009 passed by the learned Civil Judge (Junior Division), First Court, Durgapur in Title Suit No.172 of 2005 thereby allowing an application for amendment of the plaint.2. The short fact is that the plaintiff/opposite party herein instituted a suit being Title Suit No.172 of 2005 in the Court of the learned Civil Judge (Junior Division), First Court, Durgapur, against the petitioners for declaration of title, permanent injunction and for other reliefs. In that suit, the defendants/petitioners herein entered appearance and they filed a joint written statement denying all the material allegations contained in the plaint. The said suit was at the stage of recording evidence and the plaintiff tendered evidence by way of an affidavit. Then the suit was fixed for cross-examination of the P.W.1. At that stage, the plaintiff filed an application for amendment of the plaint and tha...
Apeejay Surrendra Park Hotels Ltd. Vs. Ms. Kwality Restaurant.
Court: Kolkata Appellate
Decided on: Mar-01-2011
1. This application is at the instance of the plaintiff and is directed against the order dated February 8, 2010 passed by the learned Judge, Small Causes Court, Fourth Bench, Calcutta in Ejectment Suit No.33 of 2001 thereby rejecting an application under Order 39 Rule 7 of the Code of Civil Procedure.2. The plaintiff/petitioner herein instituted a suit for ejectment of the premises in suit against the defendant/opposite party herein in respect of the premises in suit, as described in the schedule to the plaint on the ground of own use and occupation. The defendant/opposite party herein entered appearance and it is contesting by filing a written statement thereon. Previously, the plaintiff filed an application under Order 39 Rule 7 of the C.P.C. for inspection of the suit premises but that application was rejected. Subsequently, the petitioner filed another application for local inspection of his own premises under occupation and that application was rejected by the impugned order. Bei...
Mr. Mohammed Rafique at Rafik Shaikh Vs. State of West Bengal
Court: Kolkata Appellate
Decided on: Mar-01-2011
1. The moot question involved in this litigation is whether the Court is entitled to allow the parties to settle a dispute resulted in a criminal proceeding in respect of a cognizable offence and, if so, in what circumstance the precedents on the issue differ from case to case, however the majority view is in favour of the proposition.2. Md. Rafique, the petitioner above named was the proprietor of M/s. Euro International. Md. Akram, Md. Koya and Anwar were also part of the said organization. The respondent no.2 V. Jayachandra lodged a complaint with the Police on December 10, 2004 at Karaya Police Station, Kolkata as against them. According to the said complaint, Jayachandra was associated with M/s. Sky Link Tours & Travels, Vellore, Tamil Nadu. Rafique contacted him and introduced himself as proprietor of M/s. Euro International. He had contacts with Government of India to send three hundred persons of different categories of job for Caspine Petroleum Project at Azarbijun and offered...
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