Kolkata Court April 1989 Judgments
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Abdul Rashid Vs. Calcutta Municipal Corporation and Others
Court: Kolkata
Decided on: Apr-03-1989
Reported in: AIR1990Cal37,(1990)1CALLT127(HC),93CWN799
ORDER1. The petitioner has moved this writ application for a direction upon the Calcutta Municipal Corporation to grant or renew the petitioner's trade licence for the year 1988-89 in respect of the Motor Car Repairing business at premises No. 1A, Gokul Boral Street. Calcutta-12, and also a direction upon the respondents 1 to 7 restraining them demolishing the petitioner's bambooand tarpaulin shed at the said premises. The petitioner's case is that one Biswanath Dey Sarkar since deceased, the father of respondents 8 and 10 and the husband of respondent 9, was the owner of the aforesaid premises and the said Biswanath inducted the petitioner as monthly tenant in respect of two rooms, a covered shed made of bamboos with tarpaulin covering measuring 22' x 11' in Sept., 1971 and this portion was situated to the west of the main entrance of the said premises with an open space measuring about 40' x 70' and the aforesaid area was covered by the petitioner's tenancy at a rental of Rs. 248/- p...
Kartick Chandra Basu and anr. Vs. Subal Chandra Mandal
Court: Kolkata
Decided on: Apr-03-1989
Reported in: (1989)2CALLT110(HC),94CWN207
A.K. Nandi, J.1. This second appeal has been preferred against concurrent judgments of the Courts below. In a suit for partition by a co-sharer both the Courts below granted him a decree for pre-emption Under Section 4, Partition Act.2. The property comprised of two rooms, one on the Ground Floor and another on the First Floor, and a chalaghar on a piece of land measuring 3 decimals only.3. The property originally belonged to one Sashi Bhusan Mondal who died leaving behind him two sons, the plaintiff and Kanai Charan Mondal. Kanai died leaving his son Amarnath. Amarnath sold his eight annas share to defendants on 13.7.63. The plaintiff filed this suit for partition and pre-emption.4. Admittedly the property was recorded in the record of right as bastu comprising two rooms and a chalaghar. In the deed of purchase of the defendants the property has been described as bastu. There is no dispute that the property originally belonged to Sashibhusan who died leaving behind him the plaintiff a...
The Oriental Fire and General Insurance Co. Ltd. Vs. Sm. Rambha Barric ...
Court: Kolkata
Decided on: Apr-03-1989
Reported in: (1990)1CALLT6(HC),93CWN1079
S.K. Mookherjee and Satyabrata Mitra, JJ.1. This appeal is directed against Order No. 62, dated 30.9.74 passed by the learned member, Motor Accident Claims Tribunal, in M.A.C. No. 233 of 1969. By the said Order the learned Member held that the death of the deceased Bhramar Barrick was caused by the rash and negligent driving of the offending vehicle and the applicant Sm. Rambha Barrick was the real widow of the deceased Bhramar Barrick and awarded her compensation to the tune of Rs. 22,400 against the opposite parties. The learned Member further directed that the said sum of Rs. 22,400 be realised from the opposite party No. 2, i.e., the Insurance Company. The Insurance Company, being the opposite party No. 2, has preferred this appeal before this Court.2. The case of the applicant was that on 2nd August, 1969 at 7.30 a.m. her husband Bhramar Barrick was knocked down by a private car No. WBG5354 at the junction of Darga Road and C.I.T. Road under the Police Station Beniapukur and conse...
Ashim Kumar Dutta Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Apr-03-1989
Reported in: 1989CriLJ1797
A.M. Bhattacharjee, J.1. We note with regret that it has become almost a regular feature in most of the Criminal cases that we have been disposing of not to get the assistance of any Counsel for t he State figuring as the respondent, It is not only a sad dereliction of duty on the part of the State, but any one who knows would realise that in the adversary system of trial t hat is prevailing under our procedural laws, failure of justice may occasion in a case, if the State does not choose to appear and contest, notwithstanding all the activism on our part to anticipate and consider on our own the case of the State-respondent. The present case is also such a one where the accused-petitioner has got all the assistance of his learned Counsel Mr. Banerjee, but the State has drawn blank. But after the hearing and further hearing of this case were over and judgment was reserved, the learned Advocate, Mr. Mihir Roy requested us to allow him to argue the case on behalf of the Corporation of Ca...
Oriental Fire and General Insurance Company Ltd. Vs. Rambha Barrick an ...
Court: Kolkata
Decided on: Apr-03-1989
Reported in: I(1990)ACC81
Samir Kumar Mookherjee and Satyabrata Mitra, JJ.1. This appeal is directed against Order No. 62 dated 30.9.1974 passed by the learned Member, Motor Accidents Claims Tribunal, in M.A.C. No. 233 of 1969. By the said order the learned Member held that the death of the deceased Bhramar Barrick was caused by the rash and negligent driving of the offending vehicle and the applicant Rambha Barrick was the real widow of the deceased Bhramar Barrick and awarded her compensation to the tune of Rs. 22,400/- against the opposite parties. The learned Member further directed that the said sum of Rs. 22,400/- be realised from the opposite party No. 2 i.e., the insurance company. The insurance company being the opposite party No. 2, has preferred this appeal before this .court.2. The case of the applicant was that on 2nd August, 1969 at 7,30 a.m. her husband Bhramar Barrick was knocked down by a private car No. WBG 5354 at the junction of Durga Road and C.I.T. Road under the Police Station Beniapukur ...
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