Kolkata Court December 2003 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Ashis Kumar Ghosh and ors. Vs. Cesc Ltd. and anr.
Court: Kolkata
Decided on: Dec-04-2003
Reported in: AIR2004Cal130,(2004)1CALLT517(HC)
A. Lala, J.1. This is an application under Article 227 of the Constitution of India. This application arises out of an order dated 26th August, 2003 passed by the learned District Judge, Barasat, 24 Pgs. (North) in Miscellaneous Appeal No. 133 of 2003 setting aside the order dated 25th July, 2003 passed by the learned Civil Judge, Junior Division, Barrackpore in T.S. No. 111 of 2003. The suit was in the nature of declaration and permanent injunction. Prayers in the plaint are quoted hereunder:'(a) A declaration that the plaintiffs are the exclusive owners of the suit property as specified in the schedule written hereunder and that the defendants have got no right to have any aerial encroachment of the suit properly for installation of High Tension Overhead Electric Lines all over the suit property without having any due concurrence from the plaintiffs.(b) Permanent injunction restraining the defendants and their men and agents, employees and associates from causing any serial encroachm...
Bejoy Krishna Maity and anr. Vs. Joydeb Saw
Court: Kolkata
Decided on: Dec-04-2003
Reported in: 2004(2)CHN455
Amitava Lala, J.1. In this First Miscellaneous Appeal, the order of remand passed by the Civil Judge (Sr. Division), Ghatal, Midnapore dated 30th April, 1997 in Title Appeal No. 8 of 1996 is under consideration. The appellants are aggrieved by an order of remand passed by the Appellate Court to give an opportunity to adduce evidence and to re-hear the case afresh in presence of both sides. The real crux of the matter is in relation to production of the xerox copy of the documents being Ext. B and Ext. B-1. The Court held that a person from the office where the original had been produced would have been examined by the defence to prove the signature. An argument has been put forward before this Court by the appellants that there is no applicability of Section 53A of the Transfer of Property Act due to variation of the condition in the original agreement. The learned Munsif held that the defendant/respondent frankly admitted that the defendant would definitely be evicted from the suit pr...
Anjali Ghosh Vs. Subodh Kumar Ghosh
Court: Kolkata
Decided on: Dec-04-2003
Reported in: 2008(2)CHN838
1. The present application has been made by the appellant-wife in the pending appeal being F.A. No. 18 of 1999 for bringing legal representatives of the sole respondent Subodh Kumar Ghosh, who was the husband of the appellant. The Trial Court having allowed the application of the husband for divorce and having got decree in respect thereof, the appeal was preferred by the wife against the said judgment and decree. It appears that during the pendency of the appeal the husband respondent died intestate on 29th October, 2003.2. According to the petitioner the said husband died intestate leaving behind the appellant as a sole surving Class-I heir of the schedule under Section 8 of the Hindu Succession Act and accept the petitioner. The deceased also left behind his father Jogendra Nath Ghosh and his three sisters, namely, Mina Ghosh, Gita Das Gupta (nee Ghosh) and Rani Das (nee Ghosh) as his legal representatives. In the present application prayer is being made for substituting and/or addi...
Govinda Prosad Verma Vs. State
Court: Kolkata
Decided on: Dec-03-2003
Reported in: 2004(4)CHN544
Amit Talukdar, J.1. This appeal is directed against the judgment and order dated May 18, 2001 passed by ShriA.R. Shah, learned Judge, Special Court (under the N.D.P.S, Act), Alipore, 24-Parganas (South) in Sessions Trial No. 1(5)99. The learned Trial Court after having found that the charge of Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the said Act) having been proved against the appellant for carrying 380 grams of heroin in a plastic bag, sentenced him to suffer rigorous imprisonment for ten (10) years and directed him to pay a fine of Rs. 1,00,000/- (Rs. one lakh), in default, to suffer further rigorous imprisonment for a period of one year.2. Shri Sekhar Kumar Bose, learned Counsel appearing on behalf of the appellant duly assisted by Shri Debasish Roy and Shri Somnath Banerjee submitted that from the evidence it would appear that although there was prior information received by P.W. 1 the said information was not recorded and ...
Uic Finance Pvt. Ltd. Vs. Carews Pharmaceuticals Pvt. Ltd. and anr.
Court: Kolkata
Decided on: Dec-02-2003
Reported in: AIR2004Cal68,IV(2004)BC471
ORDERJayanta Kumar Biswas, J.1. This application dated March 4th, 2003 has been taken out by the sole plaintiff in its pending suit (C.S. No. 303 of 2002); it is for judgment on admission. The prayers are as follows :--'(a) Judgment upon admission and decree against the defendant No. 1 for a sum of Rs. 43,87,255/-;(b) Interim interest and interest on judgment at the agreed rate of 18% per annum on the balance principal sum of Rs. 28,45,500/-;(c) Ad interim order in terms of prayers above;(d) Costs;(e) Such further or other order or orders be made and direction or directions be given as to this Hon'ble Court may deem fit and proper;'2. The suit was filed on July 9th, 2002. The prayers in the suit are the following ;--'(a) Decree for Rs. 43,87,255/- against the defendant No. 1;(b) Interim interest and interest on judgment at the agreed rate of 18 per cent per annum on the balance principal sum of Rs. 28,45,500;(c) Receiver;(d) Injunction;(e) Attachment before judgment;(f) Cost;(g) Furthe...
Uhita Debsarma Vs. New India Assurance Co. and anr.
Court: Kolkata
Decided on: Dec-02-2003
Reported in: 2004(1)CHN513
Aloke Chakrabarti, J. 1. This appeal was filed challenging the judgment and order passed by the Motor Accident Claims Tribunal on an application filed under Section 163A of the Motor Vehicles Act, 1988. By the impugned judgment, the application has been held to be not maintainable and was therefore, dismissed.2. The claim application was filed in view of an accident taking place on December 20, 2001 as a result of which the victim died. The reason for holding the claim application to be not maintainable is that Section 163A as introduced in the Motor Vehicles Act, 1988 by the Motor Vehicles (Amendment) Act, 1994 was repealed by the Repealing and Amending Act, 2001. The aforesaid Motor Vehicles (Amendment) Act, 1994 was repealed and the said Repealing and Amending Act, 2001 received assent of the President on 3rd September, 2001 and was published in the Calcutta Gazette dated September 3, 2001.3. The learned Judge in the Tribunal held that by reason of the said Repealing and Amending Ac...
R.C.D. Trading Pvt. Ltd. Vs. Suyog Orechem International Pvt. Ltd. and ...
Court: Kolkata
Decided on: Dec-02-2003
Reported in: AIR2004Cal86
ORDERJayanta Kumar Biswas, J.1. This application dated October 8th 2002 has been filed by the plaintiff for interim reliefs; it has been filed in its pending suit (C. S. No. 467 of 2002). The plaintiff prays for the following interim reliefs :--'a. Order of injunction restraining the respondents and each of them, their employees and agents from withdrawing any amount without leaving the balance of the sum of Rs. 1,94,13,556/- in the account/ accounts held by the respondent in the banks namely HDFC Bank, Branch : Nagpur, Maharashtra (being account No. 1022320001331 bearing Cust. I. D. : 1988419) having net banking operational facilities through its different branches in eluding at Stephen House Branch, Kolkata, within the aforesaid jurisdiction, till disposal of the suit being C. S. No:....................(sic) of 2002.b. Order of injunction restraining the respondents and each of them or their .employees and agents from selling, transferring, alienating, parting with possession of and ...
Smt. Arunima Bhattacharjee Vs. Sri Shyama Prosad Bhattacharjee
Court: Kolkata
Decided on: Dec-02-2003
Reported in: AIR2004Cal161,(2004)1CALLT324(HC),II(2004)DMC146
Barua, J.1. In the present appeal arising out of Matrimonial Suit No. 635 of 1994/18 of 1995 before the learned Additional District Judge, 24-Parganas (S), the appellant is the wife, Arunima Bhattacharjee and the respondent is Shamaprasad Bhattacharjee. That Matrimonial Suit No. 18 of 1995 was decided and disposed of by Sri P. Biswas, Additional District Judge, Alipore, 24-Parganas (S) on 15.9.97 whereby the learned Additional District Judge decreed the suit on contest in favour of the plaintiff-husband and the marriage between the parties which was solemnized on December 3, 1979 was ordered to be dissolved and the husband got a decree for divorce against the wife. Being aggrieved by the said judgment and order passed by the learned Additional District Judge, Alipore, the wife Arunima has preferred the present appeal before this Court.2. The learned Additional District Judge in the said Matrimonial Suit framed as many as six issues and recorded his findings thereto in coming to the dec...
Kalyani Pal Vs. Ashutosh Pal
Court: Kolkata
Decided on: Dec-02-2003
Reported in: 2004(2)CHN638
Arunabha Barua, J. 1. This is an appeal by an aggrieved wife, Kalyani Pal, against her husband, Ashutosh Pal, respondent, when she is dissatisfied with the ex parte judgment and decree dated 23.7.2001 passed by the learned Additional District Judge, 2nd Court, North 24-Parganas at Barasat in Mat. Suit No. 20 of 2001.2. The husband Ashutosh Pal brought that matrimonial suit under Section 13 of the Hindu Marriage Act, 1955 against his wife, Kalyani Pal, for dissolution of marriage on the grounds of cruelty and desertion.3. The marriage took place way back in 1970 according to Hindu Rites and Customs at Khardah, Dist. North 24-Parganas and both lived as husband and wife with two children, a son and a daughter born out of the wedlock. The respondent-husband was a Government servant, while the appellant was a teacher in a primary school.4. According to the husband bringing that suit for divorce, he was persistently tortured both physically and mentally by the wife and for fear of life he wa...
Amrit Kumar Maity Vs. State
Court: Kolkata
Decided on: Dec-02-2003
Reported in: 2004(2)CHN663
G.C. De, J. 1. By this application under Section 482 of the Code of Criminal Procedure, a prayer has been made for quashing of the entire proceeding, of Raina P. S. case No. 5 of 2002 dated 7.1.2002 under Section 7 of the Prevention of Corruption Act, 1988 on the basis of which Special Case No. 8 of 2002 was started and pending before the learned First Special Judge, Burdwan.2. One Samiran Halder of Village-Vehalan, P. S.-Madhabdihi, District-Burdwan made a written complaint to the B.D.O. Raina-I Development Block alleging that the Station Super of Sahara Bazar Electric Supply Office with others were extracting money from the cultivators on threat of disconnecting their electric line from the shallow tubewell and other irrigation appliances. It is also indicated that on the basis of such threat the said Samiran Halder met the Station Super in his office when he wanted a gratification of Rs. 10,000/-. It is also indicated therein that out of total sum of Rs. 10,000/- he had already paid...
- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 7
- Next ›
- Last »