Kolkata Court January 1996 Judgments
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Narendra Parid Vs. Smt. Champaden Kharowar
Court: Kolkata
Decided on: Jan-09-1996
Reported in: (1996)1CALLT302(HC)
Nripendra Kumar Bhattacharyya, J.1. Heard the submission of the learned Advocate for the petitioner Mr. Haradhan Banerjee appearing with Mr. Amitava Pyne and the learned Advocate for the Opposite party Mr. Bidyut Kr. Banerjee appearing with Ms. Shila Sarkar. Considered the materials on record. 2. By this application under Section 115 of the C.P.C. the petitioner has challenged order No. 101 dated 21st November, 1994 passed by the Ld. Munsif, 7th court, Howrah in Title Suit No. 11/90, whereby the Ld. Munsif rejected the application of the petitioner made under Section 151 of the C.P.C. praying, inter alia, for recalling of the order passed by the learned Munsif of that court in that suit, being order No. 57, dated 20.4.92. 3. The facts silhouetted behind this revision is that admittedly the petitioner is a tenant under the opposite party herein and the opposite party herein, for evicting the defendant from the suit premises, filed Title Suit No. 11/90 in the court of the 7th Munsif, How...
Manmatha Nath Kayal Vs. District Manager, 24 Parganas, Food Corporatio ...
Court: Kolkata
Decided on: Jan-09-1996
Reported in: AIR1996Cal316,(1996)1CALLT433(HC)
ORDER1. In this Writ petition the Writ Petitioner has prayed for, inter alia, a Writ in the nature of Mandamus commanding the respondents to pay forthwith arrear due amounting to Rs. 85,847.50 paise which had accrued since September, 1991 to July 1992 in respect of 5 pacca godowns and one office room in the village of Ramnagar, P. S. Mathurapore, Dist. South 24 Parganas. The Writ petitioner also prayed for a Writ in the nature of Mandamus commanding the respondents to honour the legal obligations arising out of an agreement executed by the respondents on the basis of fair rent fixed by the Special Land Acquisition Officer dated 27-7-1987 which is Annexure 'A' in the Writ petition.2. It is the case of the Writ Petitioner that he is the owner of 5 godowns and office accommodation situated at Ramnagar, P. S.Mathurapore in the District of South 24 Parganas. On 6th July, 1987 Food Corporation of India (For short F.C.I.) decided that because of the strategic position of Mathurapore with its ...
United Commercial Bank Vs. Mrs. Raka Sen (Nandi)
Court: Kolkata
Decided on: Jan-08-1996
Reported in: AIR1996Cal242
ORDER1. This is an application made by Mrs. Raka Sen (Nandi). This application was affirmed on 29th November, 1995 and was filed in Court on 8th December, 1995.2. The prayers are, inter alia, to the effect that the ex parte decree dated 12th July, 1993 passed by this Court in Suit No. 745 of 1984 be set aside and/or recalled and for other consequential reliefs.3. The said decree was for a sum of Rs. 4,31,083/- with interim interest and interest on judgment at the rate of 12% per annum on the decretal amount and for costs.4. The only ground that has been made out on behalf of the applicant is non-service of the writ of summons. The principal allegations made in support of the petition are as hereunder:--'12. It appears that an affidavit of service in the instant suit was affirmed by one Amar Knmar Sengupta alleging that the acknowledgment due card addressed to your petitioner was duly received from G.P.O. on 11-12-84 and on the back of the said Acknowledgment Due Card it appears that th...
In Re: Bejoy Paul
Court: Kolkata
Decided on: Jan-08-1996
Reported in: (1996)1CALLT59(HC)
Samir Kumar Mookherjee, J.1. This is an application for anticipatory bail under Section 438 of the Code of Criminal Procedure. In view of the emphatic submissions made by the learned Public Prosecutor to the effect that in cases where the allegations, ex facie, attract application of section 498A of the Indian Penal Code, the Court, as a routine, must refuse anticipatory bail, we have thought it fit to pass a detailed order, embodying reasons for our dis-inclination to accept the correctness of such submissions.2. Before adverting to the facts of the present case, it appears to us to be necessary to recall and understand the effect and import of the views of the Apex Court, as expressed in some of its Judgements on such point, to justify our approach as we propose to take hereinafter. In the case of Gurbax Singh Sibbia v. The State of Punjab and Sarbajit Singh v. The State of Punjab, reported in : 1980CriLJ1125 , a five Judges' Bench of the Supreme Court made, inter alia, the following...
Gautam Majumdar and Another, Etc. Vs. Mithua Developments Private Ltd. ...
Court: Kolkata
Decided on: Jan-04-1996
Reported in: AIR1996Cal391,100CWN1048
1. These are two suits. The first suit is Suit No. 10 of 1988 which has been instituted by Gautam Majumdar and Subhas Chandra Majumdar against (1) Mithua Developments Pvt. Ltd. and (2) Maghan Aboth and Yasheebath Jacob Benjamin Elias, a Society registered under the Societies Registration Act (hereinafter referred to as the said 'Society'). The said suit was filed on llth January, 1988, inter alia, for the following reliefs: '(a) A decree for Rs. 2,86,546/- for damages against the defendants Nos. 1 and 2 as pleaded in paragraphs 20, 21 and 23 hereof; (b) An injunction restraining the defendants and each of them, their respective agents and/or representatives from interfering with and/or interrupting the lawful use, occupation and possession of the plaintiffs in the said premises No. 25, Black Burn Lane, Calcutta, the property in suit, in any manner whatsoever and/or from dispossessing the plaintiffs therefrom; (c) An injunction restraining the defendants and each one of them, their re...