Kolkata Court August 1997 Judgments
Smt. Sakuntala Chakraborty Vs. Shiba Prosad Roy and anr.
Court: Kolkata
Decided on: Aug-29-1997
Reported in: AIR1998Cal29
ORDERO.P. Sarkar-II, J.1. This is an application under Section 115 of the Code of Civil Procedure directed against the Order No. 12 dated 7-7-1994 passed by the ld. Additional District Judge, 6th Court, Alipore in Title Appeal No. 446 of 1983 arising out of Title Suit No. 14 of 1992.2. It was a suit for eviction of a tenant and the suit was decreed against which an Appeal was preferred before the ld. I st Appellate Court. Whenthe Appeal was pending the defendant-appellant filed two petitions before the ld. Appellate Court --one under Order 41, Rule 27 of the CPC and the other under Order 6, Rule 17 of the C.P.C. The first one was for taking additional evidence. The second one was for amendment. Both the applications were pending before the ld. 1st Appellate Court, when the defendant-appellant filed a petition before the ld. 1st Appellate Court for disposing of those two petitions at an early date. The petition was taken up for hearing by the ld. Appellate Court and after considering th...
Tag this Judgment!Tapan Tanay Haldar Vs. Gopal Chandra Haldar
Court: Kolkata
Decided on: Aug-28-1997
Reported in: AIR1998Cal39,(1998)1CALLT82(HC)
S.N. Mallick, J. 1. These two revisional application heard analogously have been preferred by the respective defendants-petitioners viz., Tapan Tanay Halder and Mukunda Chandra Halder under section 115 of the Code of Civil Procedure against the order dated 24.5.1994 passed by the learned District Judge. 2nd court, Alipore in Misc. Appeal Nos. 77, 78 and 98 of 1994 (heard analogously) reversing the order dated 11.2.94 passed by the learned Assistant District Judge, 7th court at Allpore in Title Suit No. 169 of 1987 allowing an application under Order XL Rule 4 of the Code of CivilProcedure preferred by the petitioner Mukunda Chandra Halder of C.O. No. 2652 of 1994.2. It may be mentioned here that the original number of the Title Sutt No. 169 of 1987 was Title Suit No.44 of 1971 filed in the 10th court of the Subordinate Judge at Alipore which was successively transferred to different courts and ultimately re-numbered as Title Suit No.169 of 1987 of the 7th court of the Assistant Distric...
Tag this Judgment!Bibhuti Charan Chakraborty Vs. Tapan Kumar Sinha
Court: Kolkata
Decided on: Aug-28-1997
Reported in: (1998)1CALLT24(HC)
S.N. Mallick, J. 1. The instant revislonal application under Article 227 of the Constitution of india has been preferred by the Judgment debtor petitioner against the order dated 27.7.93 passed by the learned Additional District Judge. First Court, Nadia, in Civil Revision Case No. 1 of 1992 under section 115A of the Civil Procedure Code affirming the order No. 175 dated 14.12.91 passed by the learned Munsif Kalyani, Nadia in Misc. Judicial case No. 69 of 1991 under section 47 of the Civil Procedure Code arising out of Title Execution case No. 17 of 1987. The learned Munsif by his order dated 14.12.91 held that the aforesaid Misc. case brought by the present petitioner Judgment debtor is barred by limitation and that the same is also barred by the principles of res judlcata under section 11 of the Civil Procedure Code. The learned Additional District Judge has affirmed both the above findings of the executing court under the impugned order.2. At the beginning it must be borne in mind t...
Tag this Judgment!Tarak Nath Sha Vs. Bhutoria Brothers Pvt. Ltd.
Court: Kolkata
Decided on: Aug-28-1997
Reported in: AIR1998Cal31
Satyabrata Sinha, J.1. These two appeals have been filed by Shri Tarak Nath Sha who is the landlord in respect of premises No, 3, Leonard Road, P. S. Hastings, Calcutta-700 022.2. The basic fact of the matter is not much in dispute.3. On 23rd March, 1963 one Ram Kewal Sha, the predecessor-in-interest of Tarak Nath Sha. executed a deed of lease in favour of M/s. Bhutoria Brothers Pvt. Ltd (hereinafter referred to as the said company') for a period of 21 years. One Manrnal Bhutoria was the Manager of the said Company who Became a Director thereof later on. He, on behalf of the company used to reside in the said premises. The said company is a family concern of Manmal Bhutoria. He resigned from the post of the Director of the company whereafter, the company allegedly by a letterdated 18th April, 1974 terminated the said lease with effect from expiry of June, 1974.4. Clause III (iii) of the said deed of lease on the basis whereof the said notice was issued reads thus :--'Notwithstanding th...
Tag this Judgment!Shanker De Bhattacharyya Vs. Smt. Jyotivmoyee Devi and ors.
Court: Kolkata
Decided on: Aug-28-1997
Reported in: AIR1998Cal55
ORDERS.N. Mallick, J.1. The matter arises out of an application filed on behalf of the plaintiff/ petitioner for substitution of the heirs of the deceased OP Nos. 1 and 2 after setting aside abatement on condonation of delay. Though not specifically mentioned in the cause title the instant application is to be treated as an application under Order 22, Rule 9 C.P.C. read with Section 5 of the Limitation Act. It is alleged that during the pendency of this revisional application the OP/defendant No. I died intestate on 8th July, 1994 leaving behind her daughters OP No. 1 (a) & 1(b) as her heirs and legal representatives and that the OP/defendant No. 2 also died intestate on 7-11-1995 leaving the OPs 2 (a) to 2(c) as his legal heirs and representatives. All the proposed heirs are stated to be major, sui juris and suffering from no legal disability. The petitioner's case is that although prayer for substitution of the heirs of the aforesaid deceased defendant/OP Nos. I and 2 was made in the...
Tag this Judgment!Nathani H.P. and Ors. Vs. Employees' State Insurance Corporation
Court: Kolkata
Decided on: Aug-21-1997
Reported in: [1998(79)FLR426],(1998)ILLJ922Cal
Dibyendu Bhusan Dutta, J.1. The instant revisional application under Sections 401 and 482 of the Criminal Procedure Code is for quashing of the criminal proceeding in Case No. C/1227/1991 pending in the Court of Chief Metropolitan Magistrate, Calcutta.2. The impugned proceeding was instituted under the Employees' State Insurance Act, 1948 on the basis of a written complaint lodged by a State Insurance Inspector against a company namely M/s. Shiva Glass Works Company Ltd. and three of its Directors including the Managing Director and Manager of its factory at 128, B.T.Road, Calcutta.3. The provisions of the Employees' State Insurance Act and the regulations framed thereunder are applicable to the said factory. Under the Act and the regulations, every principal employer is required to pay contributions in respect of every employee within 21 days of the last day of the month in which the contribution falls due and to submit return of contributions in form 6 in quadruplicate along with the...
Tag this Judgment!B. Yallappa Vs. Presiding Officer, Eighth Industrial Tribunal and ors.
Court: Kolkata
Decided on: Aug-21-1997
Reported in: (1997)IILLJ1047Cal
Samaresh Banerjee, J.1. In the instant writ application, the petitioner has challegned Order No. 33 dated February 4, 1997 in Case No. 5/94 under Section 33(2) of the Industrial Dispute Act passed by the learned Judge, Eighth Industrial Tribunal, West Bengal.2. The petitioner, a workman of the company, was dismissed from service on October 31, 1994 after holding a disciplinary proceeding.3. Admittedly thereafter the company has applied before the Tribunal under Section 33(2) of the Industrial Disputes Act for approval of such order.4. It is the contention of the petitioner that such application made by the Company is not maintainable, as proviso of the said Section was not complied with. It is the contention of the petitioner that he was not paid for one month before dismissal, but an amount was sought to be paid to him making a deduction therefrom.5. Before the Tribunal, the petitioner prayed that the question as to whether such application made by the petitioner is maintainable shoul...
Tag this Judgment!M/S. Burn Standard Co. Ltd. and ors Vs. Tarun Kumar Chakraborty
Court: Kolkata
Decided on: Aug-14-1997
Reported in: (1998)1CALLT15(HC)
S.K. Mookherjee, A.C.J. 1. This appeal is directed against an order of a learned single Judge dated 22nd December, 1995 passed in C.R. No. 19272 (W) of 1984. The learned single Judge by the said order, Inter alia. directed that the writ petitioner should be deemed to be in service with effect from 23rd May 1984, but could be allowed to earn salaries from 22nd October, 1984 as Deputy Manager, Accounts (Project) in the appellant No. 1 Company. The writ petitioner it is pertinent to note, reported for work on 22nd October, 1994 and allegedly have been assured by the Chief of Personnel and Administration that he would be treated to have join his duty on and from 22nd October, 1994. Since the petitioner in spite of the aforesaid factual position and in spite of having reported for duty every day was not allowed to join nor any salary was being paid and since all his attempts including by serving demand of justice prove abortive and because of his release by the previous employer, was compel...
Tag this Judgment!Hirak Chand Dawn Vs. Mohar Chand Dawn and ors.
Court: Kolkata
Decided on: Aug-14-1997
Reported in: (1998)1CALLT164(HC),1997(2)CHN467
D.B.Dutta, J. 1. The instant revisional application under section 401 /482 of the Code of Criminal Procedure is directed against an order dated 23rd March, 1994 passed by the learned Metropolitan Magistrate, Fifth Court, Calcutta in Case No.C/368 of 1993.2. One Chapala Rani Dawn possessed gold ornaments weighing about 32 tolas and 3 annas and sliver articles and coins weighing 203 tolas at the time of her death on 16th July, 1967. The total value of the said ornaments and articles would be about Rs. 7,78,975/-. It was her desire that the said ornaments and articles would be distributed equally amongst her sons and daughters, but she suddenly expired before she could fulfil such desire. For about 5 years after her death, the said ornaments and articles remained in the drawer of her almirah on the first floor of the premises No. 75/A, Mahatma Gandhi Road, Calcutta. A year later, it was mutually agreed by and between the sons and daughters of the deceased mother that the gold ornaments an...
Tag this Judgment!Sailendra Nath Ghosh Vs. State of West Bengal and anr.
Court: Kolkata
Decided on: Aug-14-1997
Reported in: 1998(1)ALT(Cri)17,I(1998)DMC487
Dibyendu Bhusan Dutta, J.1. The instant application under Section 482 of the Criminal Procedure Code is directed against the order dated 30.11.96 passed by the learned Judicial Magistrate, Seventh Court, Uluberia in Misc. Case No. 42 of 1995.2. The said case arose out of an application filed by the opposite party No. 1, Anita Ghosh under Section 125, Cr.P.C. The petitioner is her husband. Their marriage was solemnised according to Hindu rites and customs on 18.2.92. After the marriage, they lived together in the matrimonial home for some time. The opposite party No. 2 being infertile was undergoing medical treatment. There was no issue born out of their marriage. The opposite party No. 2 abandoned her matrimonial home on 30.10.94. The petitioner filed a matrimonial suit for divorce against the opposite party No. 2, being Mat. Suit No. 321 of 1994 in Second Court of Additional District Judge, Hooghly. The opposite party No. 2 lodged a complaint on 25.1.95 in Chandernagore Court alleging...
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