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Kolkata Court February 2002 Judgments

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Feb 02 2002

Sri Narayan Chandra Saha Vs. Smt. Dipali Mukherjee and ors.

Court: Kolkata

Decided on: Feb-02-2002

Reported in: AIR2002Cal229,(2002)2CALLT5(HC),2002(2)CHN14

P.K. Chattopadhyay, J. 1. Both the appeals herein are directed against the common Judgment and order dated 6th February, 1999, and Decree dated 25th February, 1999, passed by the learned Fifth Additional District Judge at Allpore in Title Appeal Nos. 168 and 169 of 1997 confirming the judgment and decree dated 26th May, 1997 and 5th June, 1997 respectively passed by the learned Third Munsif at Alipore in Title Suit Nos. 208 of 1986 and 209 of 1986.2. One Pradip Kumar Basu inducted the appellants in the Suit property. At the relevant point of time, Pushpamoy Basu, father of Pradip Kumar Basu was the owner of the property. The appellants claimed to be tenants of the suit properties whereas the plaintiff/respondent No. 1 filed both the suits contending that the appellants were trespassers and were liable to be evicted. The suit Property in Title suit No. 209 of 1986 is said to be a goomty at the said space in the South-East corner of the premises No. 23/56 Garlahat Road and in the title s...


Feb 01 2002

Sri Parimal Ghosh Vs. Sri Debabrata Ghosh and ors.

Court: Kolkata

Decided on: Feb-01-2002

Reported in: (2002)1CALLT478(HC),2002(2)CHN304

J. Banerjee, J.1. The Instant appeal from the appellate decree is directed against the judgment dated 24.8.1999 by Additional District Judge, 7th Court, Alipore in the District of 24 Parganas (South).2. Briefly stated the facts an circumstances leading to the present appeal are as follows :-The plaintiff respondents brought title suit No. 113 of 1996 for eviction of the defendant appellant from the suit premises which comprised of two rooms in the front portion with adjoining baranda, kitchen and common user of bath and privy in the ground floor of premises No. 46/1 Chandra Mondal Lane, under P.S. Tollyganj, Calcutta-700026 alleging inter alia that the plaintiff respondents got the entire ground floor, the entire second floor and portion of the first floor of the aforesaid premises, on the basis of a preliminary decree for partition passed in T.S. No. 16 of 1984 by civil Judge (Senior Division), third Court at Alipore and in this way the suit premises fell in the allotment of the plain...


Feb 01 2002

Rameswar Hembram Vs. the State of West Bengal

Court: Kolkata

Decided on: Feb-01-2002

Reported in: (2002)1CALLT566(HC)

M.K. Basu, J. 1. This criminal appeal is directed against the judgment and order dated 18th September, 1989 passed by Sri B.U. Mukherjee, addl. Sessions Judge, 5th Court, Midnapur in the Sessions Case being No. S.T. III of March, 1989 of that Court under which he found the accused appellant guilty under Section 302 IPC and convicted him thereunder and sentenced him to suffer under Imprisonment of life and to pay a fine of Rs. 5,000/-i.d, further rigorous Imprisonment for six months. The prosecution case briefly stated was as follows. The accused Rameswar Hembram used to reside in the village Murakata under P.S. Narayangarh with his family consisting of his wife, Delho Hembram, (the deceased) and his two sons and three daughters. In the night of 2nd/3rd June, 1998, his co-villagers heard cries of his widow-daughter, Raimoni, and others and came to his house and found Delho lying dead in the courtyard of that house. They found Injuries on her head and other parts of the body. Raimoni tol...


Feb 01 2002

Broadway Centre Vs. Gopaldas Bagri

Court: Kolkata

Decided on: Feb-01-2002

Reported in: AIR2002Cal78

ORDERKalyan Jyoti Sengupta, J. 1. This suit has been brought by a registered partnership firm against one of its erstwhile partner for the relief of permanent injunction restraining the defendant and/or his agents and/or his representatives from disturbing and interfering with possession, occupation, administration and enjoyment of the property being the market in question and also decree for damages of Rs. 4,00,00,000/-(four crores). The short fact in the plaint is briefly stated here-under:2. The property in question is Market being premises Nos. 14, 14/1, 14/2 and 14/ 3, Old China Bazar Street, Calcutta which situates at commercial hub in the city of Calcutta commonly known as 'Vikam Chand Market' (hereinafter referred to as the said property). The said properly was one of the joint family properties of Bagri family. The defendant was one of the coparceners of the said Bagri family. Coparceners and/or co-sharers of Bagri family filed a Partition Suit being Suit No. 1736 of 1959 in t...


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