Kolkata Court January 1997 Judgments
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Gulam Murtaja Alias Patal Vs. the State of West Bengal
Court: Kolkata
Decided on: Jan-08-1997
Reported in: (1997)2CALLT143(HC)
Samir Kumar Mookherjee, J.1. This criminal appeal is directed against the order of conviction and sentence passed by the learned trial court in Session Case No. 142 of 1988/Session Trial No. 4th of April 1990 against the accused Gulam Murtaja @ Patal for having committed offences under Sections 302 & 324 of the IPC and convicted him accordingly sentencing Gulam Murtaja to suffer imprisonment for life as the learned trial court found Murtaja @ Patal as the author of causing the death of one Dil Rehman of village Hazipur, PS Mayureswar on 26.7.1987.2. The other accused Sure Rehman, though tried under Section 302 read with Section 34 of the IPC for committing the murder of the said Dil Rehman, yet he was exonerated from the charges by the reason of the failure of the prosecution to ground any of the charges framed against him, about which, there is no sore of the State in the appeal.3. The appeal has now spiralled up to this court by the aggrieved Gulam. The profile of the prosecution cas...
Aims India (P) Ltd. and ors. Vs. Indian Bank and ors.
Court: Kolkata
Decided on: Jan-08-1997
Reported in: (1997)2CALLT179(HC)
Satyabrata Sinha, J.1. The petitioner who undertook a contract job to manufacture and supply one complete secondary screening system for paper machine (Newsprint) with the respondent No. 2 said to be a 'State' within the meaning of Article 12 of the Constitution of India has filed this writ application, inter alia, for the following reliefs :-'1.A writ of or in the nature of mandamus and/or appropriate directions do issue directing the Respondent No. 1, its servants, agents and/or assigns or otherwise howsoever from acting in terms of or giving effect to or taking any steps in furtherance of the letter dated 3rd June, 1996 and to act in accordance with law;2. Appropriate writs, orders and/or directions do issue for production of all relevant records and for protection of all rights of the petitioner and for granting the petitioners such relief as in the circumstances shall be just and proper'2. The admitted facts are that an order was placed by the respondent No. 2 upon the petitioner ...
Radha Krishna Bhuwalka Vs. Rakhal Bandhu Chakraborty
Court: Kolkata
Decided on: Jan-08-1997
Reported in: (1997)1CALLT494(HC)
Arun Kumar Dutta, J. 1. This revisional application by the defendant-petitioner (hereinafter referred to as defendant) under Section 115 of the Code of Civil Procedure (hereinafter referred to as 'Code') is directed against the order dated September, 1995 passed by the learned Munsif, 3rd court at Alipore, in Misc. Case No. 24 of 1994 before him for the reasons stated therein. 2. The facts, as are relevant for the present purpose, may shortly be set out as follows: The opposite party-plaintiff (hereinafter referred to as 'Plaintiff) had filed the relevant suit before the court below for eviction of the Defendant from the suit premises on the grounds made out therein.-The plaintiff had obtained an ex parte decree therein on 19-8-92 and had obtained possession of the suit premises in execution of the decree on 20-3-93. The relevant Misc. Case was filed by the defendant before the court below on 19-4-93 for setting aside the ex parte decree on the plea that the summons in the relevant sui...
Sheikh Rahman Vs. the State of West Bengal and ors.
Court: Kolkata
Decided on: Jan-07-1997
Reported in: (1997)1CALLT463(HC)
Altamas Kabir, J.1. In this writ application the petitioner has challenged the order dated 28th April, 1994, passed by the Controller, Calcutta Thika Tenancy, in a proceeding initiated by him on the basis of a direction given by a learned Judge of this court on 21st December, 1993, in Matter No. 1169 of 1993. 2. In the said matter, which was a writ petition filed by the petitioner herein, a dispute had been raised as to whether the respondent No. 5 was a Thika tenant or not in respect of premises No. 14, Syed Sally Lane, Calcutta. The learned Judge who heard the matter was of the view that the said dispute could not be resoved in a writ proceeding and, accordingly, directed the Thika Controller to decide the said question after going through the history of the case including the suit before the City Civil Court, Calcutta. 3. From the order passed by the Thika controller it appears that the petitioner herein had contended that the predecessor in interest of the private respondent No. 5 ...
Tapan Kumar Pal Vs. S. Mazumdar
Court: Kolkata
Decided on: Jan-06-1997
Reported in: (1997)1CALLT321(HC)
Arun Kumar Dutta, J. 1. This revisional application under Article 227 of the Constitution of India is directed by the defendant-petitioner (hereinafter referred to as defendant) against the Order dated 18th July, 1992 passed by the learned Additional District Judge at Hooghly in Civil Revision case No. 9 of 1992 before him, affirming the order dated 12th December, 1991 passed by the learned Munsif, 2nd court at Serampur, in Title suit No. 334 of 1989, for the reasons stated and on the grounds made out therein. 2. The facts as are relevant for the disposal of the revisional application, may shortly be set out as follows:--The plaintiff-opposite party (hereinafter referred to as plaintiff) had filed the relevant suit for eviction of the defendant from the suit premises on the ground of reasonable requirement for his own and occupation and on the ground that the defendant had caused addition and alteration of the suit premises and had also caused nuisance and annoyance and damages, as all...
Priyavart Chowdhury and anr. Vs. Punjab and Sind Bank
Court: Kolkata
Decided on: Jan-06-1997
Reported in: (1997)1CALLT449(HC)
Bijitendra Mohan Mitra, J. 1. The instant application under Article 227 of the Constitution of India is directed against Order No. 10 dated 11.11.96 passed by the Debt Recovery Tribunal, Calcutta in OA/60/96. The parties have been heard at length and Mr. Kundu, the learned Advocate submitting on behalf of the Punjab and Sind Bank has assured this court that a Power duly executed in favour of his junior will be submitted in court by tomorrow. On the face of such undertaking, the matter has been taken up for hearing on representation made by Mr. Kundu. This court before scrutinising the impugned order has looked into the pith and substance of the connected petition on which the impugned order has been passed. It cannot be denied that the said petition has been inarticulately drafted. The draftsman being infected by the fever of Civil Procedure Code and without realisation of the implication, the said petition has been drafted and the prayer has been couched in a manner which has created ...
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