Kolkata Appellate Court March 2011 Judgments
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Ambuj Biswas and ors. Vs. Sudhangshu Dubey.
Court: Kolkata Appellate
Decided on: Mar-27-2011
1. This Court has heard the learned Advocates for respective parties. The facts of the case, briefly, are as follows: 2. The plaintiff filed Title Suit No. 38 of 1998 against the defendant and the said suit was placed before the learned Civil Judge (Junior Division) 1st Court at Bankura. The plaintiffs, claiming to be the owners of the suit property by virtue of purchase by registered deeds dated 24.10.1979 and 13.6.1980, alleged that the defendant requested the plaintiffs for grant of a licence in respect of the suit property for a temporary period and the defendant was referred to the plaintiffs by one Manindra Das, a relative of the plaintiffs. The plaintiffs alleged that the plaintiffs, subsequently, needed the suitproperty and served a notice to quit upon the defendant but the defendant did not vacate the suit property and, hence, the said suit was filed for evicting the defendant from the suit property. 3. The defendant contested the said suit by filing written statement and deny...
Bhabani Pakrey and ors. Vs. the State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Mar-25-2011
1. This was an appeal against the interim judgment and order dated 10th January, 2011 passed by the learned trial Judge in the writ petition filed by the appellants above-named. The appellants and the respondents Nos. 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 are the students of Shyamsundar College situates at Shymsundar in the District of Burdwan. The eligible students in this college went for election for the re-constitution of the students union of the said college for the year 2010 - 2011. The said election was held on 23rd of December 2010. The appellants were not successful candidates as such they could not participate in the re-constitution of the students union. The above respondents who were the students were successful and could participate in reconstituted formation of the Students Union. It appears from the writ petition that from the day of publication of the provisional voter list some of the appellants raised correctness of those voter lists alleging irregula...
Arati Pradhan. Vs. National Insurance Co. Ltd. and anr.
Court: Kolkata Appellate
Decided on: Mar-25-2011
1. This application is at the instance of the claimant and is directed against the order no.40 dated May 27, 2008 passed by the learned Judge, M.A.C.C. Tribunal cum Additional District Judge, Fast Track First Court, Contai in M.A.C.C. No.261 of 2004. 2. The claimant filed an application for compensation under the provisions of the Motor Vehicles Act. In the insurance company/opposite party no.1 herein is contesting the said claim application. The case was at the stage of hearing argument after close of the evidence on behalf of both the parties. At that stage, the insurer / opposite party no.1 herein filed two application, one for filing an additional written statement and another for leave to file additional written statement. Upon hearing both the sides, the prayer of the insurance company was allowed and the additional written statement filed by the insurance company was accepted. At that stage, the insurance company prayed for production of driving on the pretext that from the evid...
State of West Bengal and ors. Vs. Dilip Kumar Roy and anr.
Court: Kolkata Appellate
Decided on: Mar-25-2011
1. This mandamus appeal is at the instance of the State of West Bengal and is directed against an order dated 13th November, 2009, passed by a learned Single Judge of this Court by which His Lordship partly allowed a writapplication wherein the writ-petitioner/respondent challenged a notification under Section 4 of the Land Acquisition Act, 1894 proposing to acquire 105 cottahs of land for the construction of a Fire service station thereby praying for restricting the extent of acquisition to 33 cottahs of land. 2. Being dissatisfied, the State of West Bengal has come up with the present appeal. 3. The facts giving rise to filing of this appeal may be summed up thus: a) By a notification dated 14th September, 1965 issued under Section 29 of the Defence of India Act, 1962 a piece of land including pacca building thereon measuring 5 bighas, more or less, was requisitioned by the Special Land Acquisition Collector, 24 Parganas for the purpose of setting up a Fire station at a monthly renta...
Ajoy Kumar Shaw and Sunil Kumar Das and anr. Vs. the State of West Ben ...
Court: Kolkata Appellate
Decided on: Mar-25-2011
1) Ajoy Kumar Shaw has preferred the appeal no. 224 of 2009 against the judgement and order dated 27.2.2009 passed by the learned Additional District and Sessions Judge, Fast Track Court no. 3, Barasat and Sunil Kumar Das and Gopal Krishna Das have preferred the appeal no. 346 of 2009 challenging the same judgement and order dated 27.2.2009 passed by the learned Additional District & Sessions Judge, Fast Track Court no. 3, Barasat. Since both the appeals are directed against the same judgement and order, they are heard analogously and disposed of by a common judgement below: 2) On 28.2.2005 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 Highway road at about 5.10/5.15 minutes, near the Jute and Tech. Private Limited another 407 ...
Kingshuk Chakraborty Vs. State of West Bengal and Others.
Court: Kolkata Appellate
Decided on: Mar-25-2011
1. The writ petitioner by way of a writ petition came up before this court in the matter of inaction on the part of the respondents in granting necessary two additional increments to the writ petitioner on completion of his Ph.D. degree. 2. The facts stated in brief are that the petitioner was appointed as an Assistant Teacher of Kalyani Pannalal Institution since 8th July, 1992. Since 20.04.2004 he was appointed as the Headmaster of the Santipur Municipal High School and the respondent no. 3 accorded approval to the said appointment. He applied before the concerned authority for granting necessary permission for doing Ph. D. degree in Education and the respondent no. 4 allowed him to continue the research work of Ph.D. Thereafter, the petitioner duly qualified in the Ph. D. degree on 27.04.2007 and the same was intimated to the respondent no.4 for incorporation of the degree in his service record. The school authority also forwarded the papers of the petitioner to the respondent no. 4...
Madan Mohan Chandra Alias Chanda and ors. Vs. Madan Mohan Daripa and o ...
Court: Kolkata Appellate
Decided on: Mar-24-2011
1. This application is at the instance of the defendant nos.3 to 6 and is directed against the order no.67 dated November 30, 2006 passed by the learned Civil Judge (Senior Division), First Court, Bankura in Title Suit No.28 of 2002 thereby dismissing an application under Section 10 of the C.P.C. 2. The short fact is that the predecessor-in-interest of the defendant nos.3 to 6 of this title suit and his co-sharers instituted a title suit being Title Suit No.103 of 1978 before the learned Assistant District Judge against the father of the defendant nos.1 and 2 praying for a decree of declaration of the title in respect of Ka schedule property and for recovery of possession in respect of Kha schedule property, as described in the schedule of that plaint. In that suit, there were as many as 7 plaintiffs and 8 defendants. Subsequently, the plaintiff, Madan Mohan Daripa son of late Bijay Kumar Daripa instituted a suit against Sumit Nandy and Sukumar Nanday, that is, the opposite party nos.1...
Sk. Hayat Box and ors. Vs. Sushil Chandra Naraya Chowdhury and ors.
Court: Kolkata Appellate
Decided on: Mar-24-2011
1. This application is at the instance of the applicants and is directed against the order dated September 4, 2010 passed by the learned Civil Judge (Junior Division), First Court, Alipore, District South 24 Parganas in Misc. Case No.312 of 2008 arising out of the Title Execution Case No.2 of 2005. 2. The short fact is that the plaintiff / decreeholder / opposite party no.1 herein got a decree against the opposite party nos.2 to 4 herein for recovery of possession in respect of certain immovable property, as described in the Title Suit No.251 of 1984 and that suit property includes the shop room no.3 as described in the Misc. Case No.312 of 2008. The said decree was put into execution and accordingly a Title Execution Case No.2 of 2005 has arisen. The applicants resist the execution of the decree on the ground that the petitioner no.1 is the owner of the said third room and his room is situated on his purchased land and in fact, the petitioner no.1 inducted the opposite party nos.2 to ...
Sukumar HazrA. Vs. the State of West Bengal and ors.
Court: Kolkata Appellate
Decided on: Mar-23-2011
1. In this writ petition, the petitioner has prayed for issuance of mandamus directing the respondents to issue an appointment letter to the writ petitioner after condoning the age bar in compliance of the order dated 20.11.1998 passed by G.R. Bhattacherjee, J in WP no. 10802 (w) of 1998. 2. The case of the petitioner is that he appeared for the interview held for the appointment of the assistant teacher by the Howrah District Primary School Council and was empanelled under serial no. 1483 after obtaining 34 marks. In spite of being empanelled, the appointment letter was not issued and the petitioner filed a writ petition being WP no. 10802 (w) of 1998 before this court praying for a direction upon the respondent authorities to absorb the petitioner as assistant teacher of the primary school. The said writ application was disposed of with a direction upon the concerned authorities to consider the case of the petitioner along with other candidates according to the recruitment rules in c...
Rupa Agarwal and anr. Vs. the State of West Bengal.
Court: Kolkata Appellate
Decided on: Mar-23-2011
1) Smt. Rupa Agarwal and Smt. Deepa Tantia have taken out this application Under Section 482 of the Criminal Procedure Code praying for quashing of proceeding in Tollygunge Police Station Case No. 281 of 2009 dated 13.11.2009 under Sections 498A/384/327/406/506/120B of the Indian Penal Code so far as that relates to them. 2) Tollygunge Police Station case No. 281 of 2009 dated 13.11.2009 was initiated on the basis of a written complaint filed by Smt. Megha Agarwal wife of Deepak Agarwal in the Court of learned Chief Judicial Magistrate, Alipore on 15.11.2009 which was referred to Tollygunge Police Station under Section 156(3) of the Code of Criminal Procedure for treating the same as FIR and to start investigation and to report. Smt. Megha Agarwal filed that written complaint against her husband Deepak Agarwal, fatherin-law Dursi Chandra Agarwal , Smt. Raj Kumari Agarwal, mother-in-law, Smt. Deepa Tanti, married sister-in-law and Smt. Rupa Agarwal, married sister-in-law. The allegation...
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