Kolkata Court April 1999 Judgments
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Durgadas Moondhra Vs. Devendra Kumar Sarawgee and ors.
Court: Kolkata
Decided on: Apr-28-1999
Reported in: (1999)2CALLT603(HC)
V.K. Gupta, J.1. By this common Judgment we propose to dispose of these two appeals together which arise out of the Judgment and Decree dated 14th December, 1987 in two Title Suits, being Title Suit No. 45 of 1987 and Title Suit No. 46 of 1987 pending in the court of Learned 2nd Assistant District Judge at Alipore. Whereas Title Suit No. 45 of 1987 was Instituted by a set of six plaintiffs namely, Devendra Kumar Sarawgee and 5-6 others against the sole defendant Durga Das Moondhra, Title Suit No. 46 of 1987 was instituted in the court below by the sole plaintiff Durga Das Moondhra against a set of defendants namely, Devendra Kumar Sarawgee and 5-6 others. The case of the Plaintiffs in T. S. No. 45 of 1987 was that the plaintiffs were co-owners of premises No.3 Alipore Park Place, Calcutta (suit premises) and that the sole defendant was the tenant of the suit premises which was let out to him for a period of 21 years commencing from 1st March, 1955 and expiring on 29th February 1976 by ...
New India Assurance Company Vs. Smt. Uma Jhunjhunwala and ors.
Court: Kolkata
Decided on: Apr-28-1999
Reported in: I(2000)ACC180,2000ACJ572,(1999)2CALLT563(HC)
V.K Gupta, J. 1. The only point urged in this appeal filed by the insurance Company against the Award dated 29th April 1993 by the learned Sixth Bench of the City Civil Court at Calcutta in MMACC No. 180 of 1983 !s with regard to the limited liability of the appellant insurance Company. No other point was urged.2. Brief facts leading to the filing of this appeal are that the husband of Respondent Uma Jhunjhunwala and the father of other respondents died in a Motor Accident on 8-12-1982. The deceased was serving as an Officer in the Oriental Fire and General insurance Co. Ltd. at the relevant time. He was aged about 48 years and in 1982 his monthly income is stated to be Rs. 4000/-. On 8-12-82 while he was alighting from his private Car No. WMB-7460. a lorry bearing No. APT 2470 ran over him. after dashing against the Car from which the deceased had alighted. As a result of this accident the deceased suffered injuries. He was removed to the Hospital by the Traffic Police. However on arr...
C.C. Dey and ors. Vs. Puranmull Goenka
Court: Kolkata
Decided on: Apr-28-1999
Reported in: (1999)2CALLT578(HC)
V.K. Gupta, J.1. This appeal by a set of 33 defendants, Dr. C.C. Dey arraigned as appellant No. 1, having died during the pendency of the suit Itself, is against the Judgment and Decree dated 13th October, 1998 passed by the learned 6th court of Assistant District Judge. Alipore in Title SuitNo. 12 of 1986. The appellants Nos 2 to 33 in this appeal were the substituted defendants under Order 22 Rule 10 CPC, as would appear hereinbelow as we unfold the factual matrix of the case.2. The plalntiff the sole respondent in this appeal filed the suit in the court below in respect of a piece of land measuring 10 blghas 4 cottahs and 7 chiltacks and 37 Sit. situated at No. 115 Raja Ram Mohan Lane, P.S. Behala. The Plaintiff's case was that on 13.12.1982 an agreement was executed between him and the sole defendant in the Suit Dr. C.C. Dey whereby the defendant agreed to sell the property to the plaintiff on a consideration of Rs. 6.00 lacs. The plaintiffs paid to the defendant pursuant to the af...
Sonodyne Television Co. Ltd. Vs. Subrammaniya Srinivasan
Court: Kolkata
Decided on: Apr-28-1999
Reported in: (1999)3CALLT362(HC)
D.B. Dutta, J.1. The present revisional application under section 115 CPC is directed against order No.44 dated 10.2.99 passed by the learned Civil Judge, Senior Division, First Court, Alipore, in Title Suit No.2 of 1995. striking out the defendant against delivery of possession under section 17(3) of the West Bengal Premises Tenancy Act.2. The suit was for eviction of a monthly premises tenant on the ground of default in payment of rent, amongst others. The defendant petitioner filed an application under section 17(2)(2A)(2B) of the West Bengal Premises Tenancy Act without disputing either the relationship of landlord and tenant the rate of rent (Rs. 5000/- per month) and praying for determination of the rent in arrear. The trial Court held that the defendant was defaulter in payment of rent for 14 months from February. 1993 to October, 1993. for the months of July. 1994 to September, 1994, December 1995 and January 1996. The total arrear was thus determined at Rs. 73,000/- including ...
M/S. Baldeo Ram Saligram (Pvt.) Ltd. Vs. Bimal Rani Khannah and ors.
Court: Kolkata
Decided on: Apr-28-1999
Reported in: (1999)3CALLT371(HC)
D. B. Dutta, J.1. The instant revision is directed against the order No. 19 dated 17.3.99 passed by the learned Additional District Judge, Second Court. Howrah in Title Appeal No. 158 of 1997 rejecting an application for amendment of a written statement.2. The opposite parties filed a suit being Title Suit No. 108 of 1978 against the petitioner for recovery of khas possession. The opposite parties' case may be stated as follows.The plaintiff opposite parties are the trustees of the Trust estate under a Deed of Trust settlement dated 15th July. 1946. The suit property belongs to the said Trust. By a registered deed of lease dated 11th May. 1957 executed by the then trustees and the defendant petitioner, the defendant was holding as a lessee of the suit property for a period of 16 years commencing from 1st October, 1956 at a monthly rent of Rs. 300/- payable according to English Calendar month. One of the terms of the lease provided for an option to the lessee for a fresh lease for a fur...
General Manager, South Eastern Railway Vs. Soyaba Khatoon
Court: Kolkata
Decided on: Apr-28-1999
Reported in: [2000(85)FLR922],(2000)IILLJ894Cal
B. Bhattacharya, J.1. This revisional application under Article 227 of the Constitution of India at the instance of General Manager, South Eastern Railway is directed against order, dated May 6, 1994 passed by the Commissioner, Workmen's Compensation, West Bengal, in Claim Case No. 435 of 1991 thereby holding that the husband of the opposite party was a workman within the meaning of Workmen's Compensation Act, 1923 (1923 Act), and as such the claim case filed by the opposite party claiming compensation for the accidental death of her husband was maintainable. The only question that arises for determination in this application under Article 227 of the Constitution is whether a head constable under Railway Protection Force is a workman within the meaning of the 1923 Act.2. For appreciation of the respective submissions of the counsel for the parties it will be profitable to refer to the provisions contained in Sections 3, 10 and 19 of the Railway Protection Force Act, 1957 (RPF Act), as ...
New India Assurance Co. Ltd. Vs. Ullashini Bhowmick and ors.
Court: Kolkata
Decided on: Apr-28-1999
Reported in: II(2000)ACC172,2000ACJ87
V.K. Gupta, J.1. This appeal by the insurer, New India Assurance Co. Ltd., is directed against a judgment and award dated 27.2.98 passed by the Commissioner, Workmen's Compensation, West Bengal, Calcutta in Claim Case No. 425 of 1994 whereby he has passed an award of Rs. 1,60,178 in favour of the respondent No. 1 and against the appellant along with additional interest at the rate of 12 per cent per annum from the date of the judgment and costs. The claim petition filed by respondent No. 1 before the Commissioner related to the compensation claim lodged by respondent No. 1 in respect of the death of her son Samar Bhowmick who was driving lorry No. WMK 8766 and who died in a road accident involving the said lorry on 7.4.1994. The deceased was aged 23 years at the time of the accident. The Commissioner held that the deceased was earning Rs. 1,500 per month as his wages.2. In this appeal only one point has been urged by the appellant. The point relates to the extent of the compensation am...
Union of India and ors. Vs. Shashi Deo Jha
Court: Kolkata
Decided on: Apr-26-1999
Reported in: (2000)1CALLT537(HC),1999(66)ECC640,1999(113)ELT385(Cal)
S.B. Sinha, J. 1. This appeal is directed against a Judgment and order dated 4th January, 1999 passed by a learned single Judge of this court whereby and whereunder the writ petition filed by the 1st respondent herein questioning an order of suspension dated 10.8.98 as contained in Annexure 'H' to the stay application was allowed.2. The 1st respondent is having a Customs House Agents Licence upon passing an examination framed under Rule 8 of the Customs House Agents Licencing Regulation, 1984 (hereinafter referred to and called for the sake of brevity of 'said regulation'). He was carrying on his business under the name and style of 'Jha Shipping Agency'. According to him, owing to age and health problem he was not individually capable to manage the said business and, thus, in or about January, 1996 executed a power of Attorney in favour of his son Sanjlb Jha as a result whereof he had authorised him to sign Customs Bills of Entry and Shipping Bills and all other documents on behalf of...
Polar Industries Ltd. Vs. Usha International Ltd. and ors.
Court: Kolkata
Decided on: Apr-26-1999
Reported in: AIR2000Cal119,(2000)2CALLT162(HC)
The Court 1. By this motion dated 25th March, 1999 the plaintiff seeks inter alia an order of injunction restraining the defendants from infringing the copyright of the plaintiff in the registered design No. 173791 dated 2nd March, 1997 and from selling or offering for sale or marketing table fans/ portable fans or any fans with or without the brand name 'Usha'/'Usha Dynamo' by applying thereto the said registered design or any colourable/ obvious imitation of the same; Injunction restraining the defendants from passing off or attempting to pass offer causing, enabling or assisting others to pass offens or table fans/portable fans not of the plaintiffs manufacture and for consequential orders.2. On the said motion I have by my ad-interim order dated 25th March. 1999 restrained by Injunction the defendants from infringing the registered design of the plaintiff or colourable Imitation of the same. The said ad-interim order is still subsisting.3. At the hearing of the motion after filing ...
Ananta Kumar Bej Vs. State of West Bengal and ors.
Court: Kolkata
Decided on: Apr-26-1999
Reported in: (2000)2CALLT186(HC),1999LabIC2544
S.B. Sinha J. 1. This appeal is directed against a Judgment and order dated 27.11.98 passed by M.H.S. Ansari, J. whereby and whereunder the writ petition filed by the appellant-petitioner was dismissed.The admitted fact of the matter is as follows :--2. respondent-Council with a view to fill up 2700 posts of Primary Teachers requested the local Employment Exchange to sponsor the names of the eligible candidates. Pursuant to the said request names of 54,000 Including that of the appellant was sent.3. Admittedly, recruitment of Primary Teachers is governed by the Rules regulating the Recruitment and Leave of Teachers is Primary Schools in West Bengal which has come Into force with effect from 25.11.1991, framed by the Governor in exercise of its power conferred upon him under sub-section (1) of section 106 of the West Bengal Primary Education Act, 1973 for the purpose of clause (k) of sub-section (1) of section 60 of the said Act.4. The grievance of the petitioner is that he had not been...
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