Kolkata Court December 2003 Judgments
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Abhijit Das Gupta Vs. Rita Das Gupta
Court: Kolkata
Decided on: Dec-02-2003
Reported in: 2004(3)CHN266
Aloke Chakrabarti, J. 1. This appeal arises out of a judgment and decree passed in Matrimonial Suit No. 45 of 1995 initiated on an application under Section 13 of the Hindu Marriage Act, 1955 by the husband petitioner.2. The facts which are relevant for disposal of the present appeal and stated in the petition under Section 13 aforesaid are that the petitioner appellant and the respondent wife were married according to Hindu Rites on August 2, 1993. The petitioner husband is a physician having his private practice and the respondent wife is a service holder engaged in a computer firm. After few days of the marriage, the respondent started expressing various abnormal behaviour and started inflicting cruel treatment to the petitioner both physical and mental. The respondent wife is a person of suspicious mind and is to express suspicion against the character and integrity of the petitioner. Respondent wife always abused the petitioner with filthy languages and she generally stayed at her...
United India Insurance Co. Ltd. Vs. Phurba Dorjay Lama and anr.
Court: Kolkata
Decided on: Dec-01-2003
Reported in: 2004(3)CHN360
1. This is an application for stay made in aid on an appeal by the insurance company from an award made in a Motor Accidents Claim.2. The accident occurred in 2000. It resulted in 60% permanent partial disablement. The qualified medical practitioner who examined the victim two years after the accident confirmed his disablement and the problems which had persisted.3. The certificate of the doctor runs into a long list of head and rib injuries mentioning loss of memory vertigo etc.4. The insurance company participated at trial. Not a word was spoken by them against the existence of the disablement or the quantum assessed by the Tribunal.5. The quantum was assessed by using the multiplier 11 on the then salary of the victim, which came to about Rs. 10,000/- per month.6. It is well-settled that if there is no glaring injustice and the insurance company is not the victim of collusion, fraud or a racket, it cannot appeal on quantum unless it has taken leave to challenge quantum before the Mo...
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